HomeMy WebLinkAbout2023/02/21 Post Agenda Packet
REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**
Date:Tuesday, February 21, 2023, 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. •
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 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.
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.
City of Chula Vista City Council
February 21, 2023 Post Agenda Page 2 of 510
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 of a Proclamation to Senior Electronics Technician Olric Forde in
Recognition of His Retirement and 24 Years of Service with the City of Chula
Vista
4.2 Presentation of a Proclamation to City Attorney Glen Googins Proclaiming
February 22, 2023 as Glen Googins Day in the City of Chula Vista
5.CONSENT CALENDAR (Items 5.1 through 5.7)
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 Items 5.5 through 5.12. The heading was read, text waived. The motion
carried by the following vote:
5.1 Approval of Meeting Minutes 9
RECOMMENDED ACTION:
Approve the minutes dated: February 14, 2023.
5.2 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.
5.3 Consideration of Request for Excused Absences
RECOMMENDED ACTION:
Consider requests for excused absences as appropriate.
ITEM REMOVED FROM THE CONSENT CALENDAR
5.4 City Elections: Adopt an Ordinance to Adjust Campaign Contribution Limit for Any
Election Held on or After January 1, 2024 and Amend Various Sections of Chula
Vista Municipal Code Chapter 2.52 Accordingly (Second Reading)
16
Report Number: 23-0026
Location: No specific geographic location
Department: City Clerk
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.
City of Chula Vista City Council
February 21, 2023 Post Agenda Page 3 of 510
RECOMMENDED ACTION:
To adopt Ordinance No. 3543, heading read, text waived. The motion was carried
by the following vote:
5.5 Agreement: Approve an Exclusive Lease Listing Agreement with CBRE Group,
Inc. for Millenia Lots 1 and 7
22
Report Number: 23-0051
Location: Millenia Lot 1, located directly north of the intersection of Millenia
Avenue and Bob Pletcher Way and Millenia Lot 7, located at 1775 Millenia
Avenue
Department: Economic Development
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 waiving the consultant selection process, approving the
Exclusive Lease Listing Agreement with CBRE Group, Inc., and authorizing the
City Manager to execute the agreement.
5.6 Agreement: Approve a Master License Agreements with Dish Wireless, LLC to
Install and Operate Macro Cell Wireless Telecommunication Facilities on City
Property
35
Report Number: 23-0047
Location: Citywide
Department: Economic Development
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required. Notwithstanding the foregoing, the activity qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State
Guidelines.
RECOMMENDED ACTION:
Adopt the resolution authorizing the City Manager to enter into a Master License
Agreement with Dish Wireless, LLC to install and operate Macro Cell Wireless
Telecommunications Facilities on City Property.
City of Chula Vista City Council
February 21, 2023 Post Agenda Page 4 of 510
5.7 Ratification of Appointment: City Manager’s Appointment of the Assistant City
Manager – Tiffany Allen
82
Report Number: 23-0053
Location: No specific geographic location
Department: Human Resources
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 ratifying the City Manager’s appointment of Tiffany Allen as
Assistant City Manager.
6.PUBLIC COMMENTS 88
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 Community Facilities District Annexation: Public Hearing and Election for
Annexation of Property located at K Street and Third Avenue, known as Casa
Estilo, into CFD 17-I
97
Report Number: 23-0031
Location: Intersection of K Street and Third Avenue
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 a Resolution No. 2023-020 heading read, text waived. The motion
carried by the following vote:
City of Chula Vista City Council
February 21, 2023 Post Agenda Page 5 of 510
7.2 Community Facilities District Annexation: Public Hearing and Election for
Annexation of a Parcel located at Church Avenue and Davidson Street
(Backhouse Apartments) Into CFD 17-I
138
Report Number: 23-0013
Location: Northeast corner of Church Avenue and Davidson Street intersection
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 a Resolution No. 2023-021, heading read, text waived. The motion
carried by the following vote:
7.3 Permit Processes and Regulations: Consideration of Amendments to Various
Sections of the Chula Vista Municipal Code to Streamline and Clarify Permit
Processes and Regulations, Fix Outdated References, and Align with State Law
163
Report Number: 23-0018
Location: No specific geographic location
Department: Development Services
Environmental Notice: The Project qualifies for an Exemption pursuant to Section
15061(b)(3) of the California Environmental Quality Act State Guidelines.
RECOMMENDED ACTION:
To place the above ordinance on first reading, heading read, text waived. The
motion was 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 Financial Report and Appropriation: Accept the Quarterly Financial Report for the
Quarter Ending December 31, 2022, and Appropriate Funds to Implement
Required Budget Adjustments
361
Report Number: 23-0049
Location: No specific geographic location
Department: Finance
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.
City of Chula Vista City Council
February 21, 2023 Post Agenda Page 6 of 510
RECOMMENDED ACTION:
To adopt a Resolution No. 2023-022, heading read, text waived. The motion
carried by the following roll call vote:
*8.2 Appointment of Interim Acting City Attorney: Consider Approving a Contract with
Lounsbery Ferguson Altona & Peak for Interim Acting City Attorney Services, and
Appropriating Funds
383
Report Number: 23-0065
Location: No specific geographic location
Department: City Attorney
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 a contract with the law firm of Lounsbery Ferguson
Altona & Peak (“Lounsbery Firm”) for interim acting City Attorney Services, and
appropriating funds for that purpose. (4/5 Vote Required)
9.CITY MANAGER’S REPORTS
10.MAYOR’S REPORTS
10.1 Ratification of Appointments to the Following Commissions:462
Paula Whitsell - Housing and Homelessness Advisory Commission
Marisol Edwan - Health Wellness and Aging Commission
Mary Johnson - Health Wellness and Aging Commission
Ken Muraoka - Cultural Arts Commission
Tanya Williams - Veterans Advisory Commission
Duaine Hooker - Veterans Advisory Commission
RECOMMENDED ACTION:
Ratify the above appointments.
11.COUNCILMEMBERS’ COMMENTS
12.CITY ATTORNEY'S REPORTS
12.1 Brief Presentation of a Draft Campaign Contribution Ordinance Update and
Council Consideration and Possible Action to Form an Ad-Hoc Subcommittee in
Order to Finalize an Updated Ordinance for Future City Council Consideration
496
12.2 Farewell Remarks
City of Chula Vista City Council
February 21, 2023 Post Agenda Page 7 of 510
13.ADJOURNMENT
to the regular City Council workshop on March 2, 2023 at 4:00 p.m. in the Council
Chambers; and then the regular City Council meeting on March 7, 2023 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.
City of Chula Vista City Council
February 21, 2023 Post Agenda Page 8 of 510
Page 1
City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
February 14, 2023, 5:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, Mayor McCann
Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk
Bigelow, Deputy City Clerk Kansas
The City Council minutes are prepared and ordered to correspond to the City Council Agenda.
Agenda items may be taken out of order during the meeting.
The agenda items were considered in the order presented.
_____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:08
p.m. via teleconference and in the Council Chambers, located in City Hall, 276 Fourth
Avenue, Chula Vista, California.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Deputy Mayor Preciado led the Pledge of Allegiance.
4. CONSENT CALENDAR (Items 4.1 through 4.11)
Items 4.7 and 4.8 were removed from the consent calendar at the request of a member of
the public and staff, respectively.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To approve the recommended actions appearing below consent calendar Items 4.1
through 4.6 and 4.9 through 4.11. The headings were read, text waived. The motion
carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez,
Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Page 9 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2023/02/14 Minutes - City Council - Regular Meeting
Page 2
4.1 Approval of Meeting Minutes
Approve the minutes dated: January 24, 31, and February 7, 2023.
4.2 Waive Reading of Text of Resolutions and Ordinances
Approve a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
4.3 Consideration of Request for Excused Absences
Consideration of requests for excused absences. No requests were received for that
meeting.
4.4 Development Agreement: Adopt an Ordinance Approving the Second
Amendment to the Otay Ranch Eastern Urban Center Development
Agreement Between the City of Chula Vista and McMillin Otay Ranch, LLC
(Second Reading)
Adopt an ordinance approving the second amendment to the Otay Ranch Eastern
Urban Center Development agreement with McMillin Otay Ranch, LLC. (Second
Reading)
Item 4.4 heading:
ORDINANCE NO. 3542 OF THE CITY OF CHULA VISTA APPROVING A SECOND
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND MCMILLIN OTAY RANCH, LLC. (SECOND READING)
4.5 Ambulance Transport System: Adopt a City Council Policy, “Ambulance
Transport System Enterprise Fund Reserve Policy”
Adopt a resolution adopting a City Council policy for the establishment of a reserve
policy for the Ambulance Transport System (“ATS”) Enterprise Fund.
Item 4.5 heading:
RESOLUTION NO. 2023-010 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING CITY COUNCIL POLICY NO. [TO BE DETERMINED],
“AMBULANCE TRANSPORT SYSTEM ENTERPRISE FUND RESERVE POLICY”
4.6 Grant Acceptance and Appropriation: Accept a Grant From The Roy and
Marian Holleman Foundation for Miscellaneous Items for the Animal Shelter
and Appropriate Funds Accordingly
Adopt a resolution accepting a grant from the Roy and Marian Holleman Foundation
in the amount of $34,200 for the improvement of the animal shelter and appropriate
funds accordingly. (4/5 Vote Required)
Item 4.6 heading:
RESOLUTION NO. 2023-011 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A GRANT FROM THE ROY AND MARIAN HOLLEMAN
FOUNDATION TO THE ANIMAL CARE FACILITY FOR SHELTER
IMPROVEMENTS AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE
REQUIRED)
Page 10 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2023/02/14 Minutes - City Council - Regular Meeting
Page 3
4.9 Authorized Law Enforcement Grant Positions: Approve the Reclassification
of Two FA Supervisory Intelligence Analyst I Positions to FA Supervisory
Intelligence Analyst II Positions
Adopt a resolution approving the reclassification of two FA (Fiscal Agent)
Supervisory Intelligence Analyst I positions to FA Supervisory Intelligence Analyst II
positions in the authorized staffing of the Police Grants Section of the Federal Grants
Fund for High Intensity Drug Trafficking Area and San Diego Law Enforcement
Coordination Center.
Item 4.9 heading:
RESOLUTION NO. 2023-013 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE RECLASSIFICATION OF TWO FA SUPERVISORY
INTELLIGENCE ANALYST I POSITIONS TO FA SUPERVISORY INTELLIGENCE
ANALYST II POSITIONS IN THE AUTHORIZED STAFFING OF THE POLICE
GRANTS SECTION OF THE FEDERAL GRANTS FUND FOR HIGH INTENSITY
DRUG TRAFFICKING AREA AND SAN DIEGO LAW ENFORCEMENT
COORDINATION CENTER
4.10 Agreement: Accept Bids and Award an Agreement with PM AM Corporation
to Provide Security Alarm Management Services
Adopt a resolution accepting proposals and awarding an agreement to PM AM
Corporation to provide security alarm management services.
Item 4.10 heading:
RESOLUTION NO. 2023-014 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS AND AWARDING AN AGREEMENT TO PM AM
CORPORATION TO PROVIDE SECURITY ALARM MANAGEMENT SERVICES
4.11 Contract Award and Appropriation: Award a Design-Build Agreement to EC
Constructors, Inc. for the Construction Phase of the Renovation of Fire
Station 1; Amend the Infrastructure, Facilities, and Equipment Expenditure
Plan; and Appropriate Funds
Adopt a resolution (1) Awarding a Design-Build Agreement to EC Constructors, Inc.
for the construction phase (Phase 2) of the Renovation of Fire Station 1, in the
amount of $6,227,406 (CIP No. GGV0252); (2) Amending the Infrastructure,
Facilities, and Equipment Expenditure Plan; and (3) Amending the Fiscal Year
2022/23 CIP Program budget by appropriating $550,000 from the available balance
of the Measure P Fund to GGV0252. (4/5 Vote Required)
Item 4.11 heading:
RESOLUTION NO. 2023-015 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AWARDING A DESIGN-BUILD AGREEMENT FOR THE CONSTRUCTION
PHASE (PHASE 2) TO EC CONSTRUCTORS INC. FOR THE RENOVATION OF
FIRE STATION 1 (CIP NO. GGV0252); AMENDING THE INFRASTRUCTURE,
FACILITIES, AND EQUIPMENT EXPENDITURE PLAN; AND AMENDING THE
FISCAL YEAR 2022/23 CIP PROGRAM BUDGET THEREFOR (4/5 VOTE
REQUIRED)
Page 11 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2023/02/14 Minutes - City Council - Regular Meeting
Page 4
ITEMS REMOVED FROM THE CONSENT CALENDAR
4.7 City Elections: Adjust Campaign Contribution Limit for Any Election Held on
or After January 1, 2024 and Amend Various Sections of Chula Vista
Municipal Code Chapter 2.52 Accordingly
John Acosta expressed concern regarding campaign contributions.
Delia Dominguez Cervantes expressed concern regarding special interests.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Cardenas
To place the ordinance on first reading, heading read, text waived. The motion was
carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
4.8 Housing Funding: Approve the Housing and Urban Development (HUD)
2022/23 Annual Action Plan First Amendment for the Federal Block Grant
Programs and Appropriate Funds
City Attorney Googins stated that Deputy Mayor McCann would abstain from voting
on the item due to a potential property-related conflict of interest. Mayor McCann
left the dais during the discussion and voting on the item.
Director of Housing and Homeless Services Kurz, Management Analyst Barnard,
and Principal Management Analyst Gonzalez gave a presentation on the item and
responded to questions from the City Council.
Alan C. spoke in support of Mayor McCann being permitted to vote on the item and
expressed concern regarding matters related to homelessness.
John Acosta spoke in support of Councilmembers interacting with their districts and
expressed concern regarding matters related to homelessness.
Delia Dominguez Cervantes expressed concern regarding special interests and
reducing criminal activity.
Moved by Councilmember Gonzalez
Seconded by Councilmember Cardenas
To adopt Resolution No. 2023-012, heading read, text waived. The motion was
carried by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, and Deputy Mayor Preciado
Abstain (1): Mayor McCann
Result, Carried (4 to 0)
Page 12 of 510
City of Chula Vista City Council
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Page 5
Item 4.8 heading:
RESOLUTION NO. 2023-012 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING (1) THE 2022/23 FIRST AMENDMENT TO THE HUD ANNUAL
ACTION PLAN TO ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT,
EMERGENCY SOLUTIONS GRANT AND HOME INVESTMENT PARTNERSHIP
ACT FUNDS TO ELIGIBLE PROJECTS; (2) AUTHORIZING THE CITY MANAGER
OR HER DESIGNEE TO EXECUTE ANY AND ALL HUD DOCUMENTS RELATED
TO THE GRANTS; (3) AUTHORIZING THE CITY MANAGER OR HER DESIGNEE
TO EXECUTE A SUBRECIPIENT AGREEMENT WITH ALPHA PROJECT; AND (4)
APPROPRIATING FUNDS (4/5 VOTE REQUIRED)
5. PUBLIC COMMENTS
Mary Davis apologized for a misstatement at a previous City Council meeting and
endorsed Tanya Williams for any future appointment to District 3. She also spoke
regarding heart health.
John Acosta spoke regarding recent news articles regarding Chula Vista.
Ricardo Villa, representing the San Diego County Imperial Valley Hispanic Chamber of
Commerce, spoke regarding the organization's efforts to support the community.
Jorge Mancilla, representing the Bonita Valley Girls Softball, spoke in support of the City
allocating more fields, parks, and resources for sports activities.
Sara Ochoa expressed concern regarding behavior and statements made by attendees
at City Council meetings.
Delia Dominguez Cervantes spoke in support of the Mayor serving as the City's
representative on SANDAG and in opposition to a mileage tax.
Cheryl spoke regarding the appointment to fill the District 3 seat and in support of banning
electronic device use during City Council meetings.
Diana MJC spoke in support of holding a special election to fill the District 3 seat.
Lillie thanked Mayor McCann for assistance with getting her trash picked up. She spoke
in opposition to a mileage tax and the appointment to fill the District 3 vacancy.
Char expressed concern regarding the appointment to fill the District 3 vacancy.
Cindy expressed concern regarding issues related to homelessness and in opposition to
a mileage tax.
Alan C. spoke regarding the transgender community.
Francis X. Riley submitted comments regarding the City's Welcoming City designation.
6. PUBLIC HEARING
6.1 Permit Processes and Regulations: Consideration of Amendments to Various
Sections of the Chula Vista Municipal Code to Streamline and Clarify Permit
Processes and Regulations, Fix Outdated References, and Align with State
Law
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City of Chula Vista City Council
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Page 6
Notice of the hearing was given in accordance with legal requirements, and the
hearing was held on the date and no earlier than the time specified in the notice.
Mayor McCann opened the public hearing.
Mary Davis spoke regarding building electrification.
The public hearing remained open and was continued to the City Council meeting
on February 21, 2023, at 5:00 p.m.
7. ACTION ITEMS
7.1 Legislative Platform: Approve the 2023/24 Legislative Platform
Marketing and Communications Manager Steinberger and Special Projects Manager
Hernandez gave a presentation on the item.
There was a consensus of the City Council to amend the 2023-2024 Legislative
Platform to add access to childcare as a priority under the Community Services
category and express support for maintaining park amenities in the new park space
at the Bayfront for residents, similar to the amenities that currently exist.
City Council discussion ensued, and staff responded to questions.
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To adopt Resolution No. 2023-016, as amended to add access to childcare as a
priority under the Community Services category to the 2023-2024 Legislative
Platform and support maintaining park amenities in the new park space at the
Bayfront for residents, similar to the amenities that currently exist. The heading
was read, text waived. The motion carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
8. CITY MANAGER’S REPORTS
Environmental Services Manager Medrano spoke regarding support provided by
Republic Service to residents who need assistance with trash pickup.
9. MAYOR’S REPORTS
Mayor McCann expressed Valentine's Day greetings and spoke regarding heart health.
He spoke regarding his attendance at the Always Ready award ceremony in honor of
people who mentor underprivileged youth.
10. COUNCILMEMBERS’ COMMENTS
Councilmember Cardenas expressed Valentine's Day greetings. She offered condolences
to those affected by the recent shooting at the University of Michigan. She encouraged
people to avoid personal attacks on others and hate speech, and maintain decorum at
City Council meetings.
Page 14 of 510
City of Chula Vista City Council
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Page 7
Deputy Mayor Preciado spoke regarding the City's campaign contribution ordinance. City
Attorney Googins stated that an item would be on the next City Council agenda regarding
draft terms for updating the campaign contribution ordinance. There was a consensus of
the City Council to include with the item the consideration of forming an ad -hoc
subcommittee of the City Council to work on the updates.
Councilmember Chavez also encouraged people to avoid personal attacks on others and
maintain decorum at City Council meetings. She spoke regarding her service on the MTS
Board of Directors and Public Security Committee, and she invited public input regarding
transit-related matters.
Councilmember Gonzalez announced vacancies on City commissions. He also
encouraged people to address the City Council instead of individuals and maintain
decorum at meetings. Councilmember Gonzalez expressed Valentine's Day greetings
11. CITY ATTORNEY'S REPORTS
City Attorney Googins recognized Deputy City Attorney McDonnell, who would be
leaving the City.
12. CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, official minutes and
records of action taken during closed sessions are maintained by the City Attorney.
City Attorney Googins announced that the City Council would convene in closed session
to discuss the items listed below.
Mayor McCann recessed the meeting at 7:20 p.m. The City Council convened in closed
session at 7:29 p.m., with all members present.
12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Name of case: Estate of Oral W. Nunis, Sr., by and through Roxie Nunis, et al. v.
City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB-
DEB.
ACTION: No reportable action.
12.2 Conference with Legal Counsel - Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One [1]
case
ACTION: Pending finalization of settlement
13. ADJOURNMENT
The meeting was adjourned at 8:27 p.m.
_________________________
Kerry K. Bigelow, MMC, City Clerk
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v . 0 03 P a g e | 1
February 14, 2023
ITEM TITLE
City Elections: Adjust Campaign Contribution Limit for Any Election Held on or After January 1, 2024 and
Amend Various Sections of Chula Vista Municipal Code Chapter 2.52 Accordingly
Report Number: 23-0026
Location: No specific geographic location
Department: City Clerk
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
Place an ordinance on first reading amending various sections of Chula Vista Municipal Code (CVMC) Chapter
2.52 reflecting adjustments to the campaign contribution limits for individuals and political party
committees for any election occurring on or after January 1, 2024, as required by CVMC section 2.52.040(D).
(First Reading)
SUMMARY
As required by Chula Vista Municipal Code Section 2.52.040(D), the City Clerk has adjusted the campaign
contribution limits for individuals and political party committees based on changes in the Consumer Price
Index for the San Diego area for the two-year period ending December 31, 2022. The adjusted campaign
contribution limits apply to any election occurring on or after January 1, 2024. Adoption of the ordinance
amends various sections of the CVMC to reflect the adjusted limits.
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;
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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.
DISCUSSION
Chula Vista Municipal Code Section 2.52.040 (D) requires the City Clerk to adjust the campaign contribution
limit every odd-numbered year to reflect any changes in the Consumer Price Index for the San Diego area for
the two-year period ending on December 31st of the previous year and requires these adjustments to be
rounded to the nearest $10.
The Consumer Price Index for the San Diego area for the periods ending December 2020 and December 2022
were 303.932 and 344.416, respectively, demonstrating an increase of 13.32 percent.
The contribution limits were previously set at $360 for individuals and $1,240 for political party committees
by Chula Vista Municipal Code section 2.52.040 (A) and (B), respectively. Applying the percentage of change
of the Consumer Price Index and rounding to the nearest $10, the City Clerk adjusted the contribution limits
$410 for individuals and $1,410 for political party committees.
The City Clerk will publish the Notice of Campaign Contribution Limit Adjustment in the Star News, as
required by Chula Vista Municipal Code Section 2.52.040 (D), on February 17, 2023. The City Clerk will also
cause the notice to be translated into Chinese (Traditional), Filipino, Spanish, and Vietnamese and published
in language-specific newspapers, with publication dates between February 17 and 24, 2023. The Federal
Voting Rights Act, together with an agreement between the U.S. Department of Justice and the San Diego
County Registrar of Voters, requires the translation of all election-related materials and notices into covered
languages predominantly spoken by 10,000 voters or more in the County.
DECISION-MAKER CONFLICT
Staff has received 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 Councilmember, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Adoption of the proposed ordinance has no impact on the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
Attachment 1: Proposed Amendment to Chula Vista Municipal Code Chapter 2.52
Staff Contact: Kerry K. Bigelow, MMC, City Clerk, and Cristina Hernandez, City Clerk Analyst
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SECOND READING AND ADOPTION
C:\Program Files\eSCRIBE\TEMP\1354981930\1354981930,,,Ordinance.docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE
CHAPTER 2.52 TO ADJUST THE CAMPAIGN
CONTRIBUTION LIMIT FOR ANY ELECTION HELD ON OR
AFTER JANUARY 1, 2024
WHEREAS, Chula Vista Municipal Code Section 2.52.040 (D) requires the City Clerk to
adjust the campaign contribution limits every odd-numbered year to reflect any changes in the
Consumer Price Index for the San Diego area for the two-year period ending on December 31st
of the previous year, and requires these adjustments to be rounded to the nearest $10; and
WHEREAS, the Consumer Price Index for the San Diego area for the periods ending
December 2020 and December 2022 were 303.932 and 344.416, respectively, demonstrating
an increase of 13.32 percent; and
WHEREAS, the contribution limit for individuals other than a candidate was
previously set at $360 by Chula Vista Municipal Code section 2.52.040 (A), and the
contribution limit for political party committees was previously set at $1,240 by Chula Vista
Municipal Code section 2.52.040 (B); and
WHEREAS, based on applying the percentage of change in the Consumer Price Index
and rounding to the nearest $10, the City Clerk adjusted the contribution limit to $410 for
individuals and $1,410 for political party committees; and
WHEREAS, the City Clerk published the Notice of Campaign Contribution Limit
Adjustment in the Star News on February 17, 2023, and had the notice translated into Chinese,
Filipino, Spanish, and Vietnamese and published in covered language-specific newspapers
between February 17 and 24, 2023, as required by the Federal Voting Rights Act.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. The following sections in Chula Vista Municipal Code Chapter 2.52 are
hereby amended and shall read as follows:
2.52.040 Campaign contribution limits.
A. No person other than a candidate shall make a contribution in excess of $410.00 to a
candidate for a single election contest. No candidate shall solicit or accept a contribution in
excess of $410.00 from a person for a single election contest. A candidate may receive up to
$410.00 from a person in each of the general and special elections. The contribution limit in this
subsection shall be adjusted biannually pursuant to subsection (D) of this section.
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Ordinance
Page 2
B. No political party committee, as that term is defined in California Government Code
Section 85205, shall make a contribution in excess of $1,410 to a candidate for a single election
contest. No candidate shall solicit or accept a contribution in excess of $1,410 from a political
party committee for a single election contest. A candidate may receive up to $1,410 from a
political party committee in each of the general and special elections. The contribution limit in
this subsection shall be adjusted biannually pursuant to subsection (D) of this section.
[Sections 2.52.040 C through I remain unchanged]
2.52.050 Loans.
A. A candidate shall not personally loan to his or her campaign funds, with the intent to
receive repayment of those funds, an aggregate amount in excess of $5,000 for a single election
contest.
B. A loan or extension of credit shall be considered a contribution from the maker of the
loan or extender of credit and shall be subject to the contribution limit of $410.00 per person,
pursuant to CVMC 2.52.040. The $410.00 contribution limit does not apply to loans made to a
candidate for the purpose of a campaign by himself or herself or by a commercial lending
institution in the lender’s regular course of business on terms available to members of the general
public for which the candidate is personally liable.
2.52.100 Written solicitations by candidates.
Any candidate making a written solicitation for a contribution for his or her campaign for
City elective office shall include the following written notice in no less than six -point type on
each such solicitation:
NOTICE
The City of Chula Vista Municipal Code limits contributions to campaigns for City
elective office to four hundred ten dollars per person.*
*The dollar amount to be included in this notice shall be amended biannually to reflect any CPI
adjustment to the contribution limit made pursuant to CVMC 2.52.040(D).
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
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Ordinance
Page 3
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
_____________________________________ ____________________________________
Kerry K. Bigelow, MMC Glen R. Googins
City Clerk City Attorney
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Attachment 1
Proposed Amendments to Sections of the Chula Vista Municipal Code Chapter 2.52
2.52.040 Campaign contribution limits.
A. No person, other than a candidate, shall make a contribution in excess of $360410.00 to a
candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of
$360410.00 from a person for a single election contest. A candidate may receive up to $360410.00
from a person in each of the general and special elections. The contribution limit in this subsection
shall be adjusted biannually pursuant to subsection (D) of this section.
B. No political party committee, as that term is defined in California Government Code Section
85205, shall make a contribution in excess of $1,410 $1,240 to a candidate for a single election
contest. No candidate shall solicit or accept a contribution in excess of $1,240$1,410 from a political
party committee for a single election contest. A candidate may receive up to $1,410 $1,240 from a
political party committee in each of the general and special elections. The contribution limit in this
subsection shall be adjusted biannually pursuant to subsection (D) of this section.
[Sections 2.52.040 C through I remain unchanged]
2.52.050 Loans.
A. A candidate shall not personally loan to his or her campaign funds, with the intent to receive
repayment of those funds, an aggregate amount in excess of $5,000 for a single election contest.
B. A loan or extension of credit shall be considered a contribution from the maker of the loan or
extender of credit and shall be subject to the contribution limit of $360410.00 per person, pursuant
to CVMC 2.52.040. The $360410.00 contribution limit does not apply to loans made to a candidate
for the purpose of a campaign by himself or herself or by a commercial lending institution in the
lender’s regular course of business on terms available to members of the general public for which the
candidate is personally liable. (Ord. 3499 § 1, 2021; Ord. 3452 § 1, 2019; Ord. 3399 § 1, 2017; Ord.
3340 § 1, 2015; Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).
2.52.100 Written solicitations by candidates.
Any candidate making a written solicitation for a contribution for his or her campaign for City elective
office shall include the following written notice in no less than six -point type on each such
solicitation:
NOTICE
The City of Chula Vista Municipal Code limits contributions to campaigns for City elective
office to three hundred sixtyfour hundred ten dollars per person.*
*The dollar amount to be included in this notice shall be amended biannually to reflect any CPI
adjustment to the contribution limit made pursuant to CVMC 2.52.040(D).
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February 21, 2023
ITEM TITLE
Agreement: Approve an Exclusive Lease Listing Agreement with CBRE Group, Inc. for Millenia Lots 1 and 7
Report Number: 23-0051
Location: Millenia Lot 1, located directly north of the intersection of Millenia Avenue and Bob Pletcher Way
and Millenia Lot 7, located at 1775 Millenia Avenue
Department: Economic Development
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 waiving the consultant selection process, approving the Exclusive Lease Listing
Agreement with CBRE Group, Inc., and authorizing the City Manager to execute the agreement.
SUMMARY
As the City moves forward with developing the Think Campus and the Invent Campus in Millenia, the City is
seeking high-quality, credit tenants who contribute to the overall vision and value of the University-
Innovation District and can occupy the Class “A” office space that will be coming available in Millenia Office.
On February 15, 2022, the City Council approved an agreement with CBRE for real estate advisement,
marketing and brokerage services for the larger 383-acre UID site. Since that time, CBRE has amassed
valuable knowledge of the University-Innovation District site and project and are best equipped to continue
this work in Millenia, an extension of the University-Innovation District. Staff recommends a new listing
agreement with CBRE to provide professional real estate services acting as the agent for the City with the
exclusive right to list, market and lease up to 1.7 million square feet of space on Lot 1 of Millenia, the Invent
Campus, and up to 264,100 square feet available on lot 7 of Millenia, the Think Campus. CBRE will leverage
their network of occupiers, along with their higher education, life sciences and tech relationships, to ensure
the properties will be marketed to local firms looking to relocate or add additional space and to international
firms looking to enter the Chula Vista market or expand their current presence.
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ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the
state CEQA Guidelines; therefore, pursuant to Section 15060(c)3) of the State CEQA Guidelines, the activity
is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City of Chula Vista maintains a longstanding vision of establishing a university on 383 acres of City -
owned and entitled land in the Otay Ranch. Over the years, the City has taken numerous actions to make this
vision a reality. On December 6, 2022 the City Council approved an Exclusive Negotiating Agreement with
HomeFed to Negotiate a Master Developer Agreement for the 383-acre University-Innovation District site
and staff and counsel are currently engaged in advancing the MDA.
In recent years, staff began pursuing the opportunity to expand the UID into the nearby Millenia SPA as a
creative solution to jumpstart the University with significantly reduced capital outlay. In 2022, a confluence
of needs created a major opportunity. The alignment of the desire to establish the first phase of the University
within the built environment of Millenia to reduce risk and cost per acre combined with two key needs for:
1) a new destination library consistent with the Library Strategic Facilities Plan, and 2) the vertical
development of a Millenia Office building to attract qualified tenants for the remaining 1.8 million square feet
of Class “A” office space. These needs presented the opportunity to construct one building on the Think
Campus, located on Lot 7 in Millenia, that would serve as the City’s first new library since 1995 and meet the
minimum 60,000 square foot need for library space, provide 50,000 square feet for an academic partner to
launch the first phase of the University, provide 58,000 square feet of Class “A” office space in warm shell
condition for an industry user to lease, and provide a 6,100 square foot amenity building for tenant
attraction.
In addition to the development on Lot 7, the City is also positioned to acquire Lot 1, directly across the street.
As the City moves forward with developing the Think Campus and the Invent Campus in Millenia, the City is
seeking high-quality, credit tenants who contribute to the overall vision and value of the UID and can occupy
the Class “A” office space that will be coming available in Millenia Office.
On December 6, 2022, funds were appropriated for the construction of the 168,000 square foot Cinematic
Arts Academic Center & Library along with the 6,100 square foot amenity building. In consultation with
CBRE, the shifting office landscape is such that amenity-rich buildings are a necessity to attract qualified
tenants to Class “A” office space. The 6,100 square foot building would als o be owned and operated by the
City. It is contemplated the space could be a fine dining restaurant with outdoor seating and gathering spaces
overlooking a beautifully landscaped courtyard. The restaurant could potentially accommodate culinary arts
students as an opportunity to gain hands-on experience working for a reputable restaurant. The culinary arts
concept would complement the cinematic arts use also on site. The addition of this building contributes to
the sense of completeness on the site rather than building a standalone structure for the 168,000 square foot
Cinematic Arts Academic Center & Library.
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The last remaining entitled building on Lot 7 is the 150,000 square foot building located directly east of the
168,000 square foot building. While staff is not planning to construct it as part of this project, the opportunity
exists for a qualified office user or University partner to fund its development and represents a future
expansion opportunity for the Think Campus. The building’s 40,000 square foot pad is certified and 100%
construction drawings are completed.
In summary, the overall immediate vision for Lot 7 is:
- To construct a 168,000 square foot Class “A” office building owned and operated by the City of
Chula Vista with approximately:
o 60,000 square feet planned for the first new library since 1995;
o 50,000 square feet planned for a university tenant;
o 58,000 square feet planned for talent attraction of a qualified industry user to pay market
rate rent;
- To construct a 6,100 square foot amenity building; and
- To construct parking, walkways, supporting sitework and landscaping to connect the site to the
adjacent community park.
Staff is proposing for CBRE to exclusively list and market the following spaces for leasing opportunities:
- Library Building: 88,000 square feet – 108,000 square feet in Class “A” office building
- Future Opportunity: 150,000 square foot development opportunity on adjacent 40,000 square foot
pad with 100% construction drawings and paid and pulled permits
- Amenity Building: 6,100 square feet for a potential restaurant tenant, culinary arts institute or other
necessary amenities as advised by CBRE to attract quality market-rate paying tenant(s)
Excusive Lease Listing Agreement Terms
CBRE will help identify and engage all relevant industry markets with high quality employment and
university tie-in opportunities including, without limitation:
• Aerospace
• Cleantech
• Cybersecurity
• Defense
• Engineering
• Life Sciences
• Medical Device
• Multimedia, Entertainment and Film
• Software
• Telecommunications
CBRE will take the following steps to marketing, recruitment and leasing success:
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• Broker outreach and events
• Marketing materials catering to specific targeted users
• Offer commute, talent/employment, and demographic studies to potential relocating firms
• Press/Social Media coverage
• Engage brokers to fill possible smaller start-up/collaborative spaces
• Utilize drone footage to highlight area advantages
• Target tenants being priced out of other submarkets
• Support the development of a marketing center
• Develop “Why Chula Vista?” marketing materials for potential new-to-market large firms
• Advertise with industry-specific websites
• Signage at site to highlight superior visibility from access roads
CBRE’s term for this engagement is 36 months with optional extension(s) during which time they will be the
City’s appointed agent with the exclusive right to list and market the property for lease and to negotiate the
lease agreements for the property. CBRE will create and implement a strategy to lease the properties
including preparation of marketing materials. The City will retain the right to approve, modify, reject, or
disapprove any and all proposals and offers as well as any prospective tenants and can adjust the terms and
conditions of any offer made.
Exhibit A to the agreement, the Commission Schedule, outlines commissions in accordance with:
• 7% of the Base Rent payable during the first 60 months of the Lease Term where rent is paid, and
• 3.5% of the Base Rent for months 61 through 120 of the Lease Term, and
• 2% of the Base Rent for months 121 through 180 of the Lease Term, and
• 1% thereafter until the expiration of the Lease Term.
The above percentages assume the Tenant is represented by a cooperating broker as described herein.
Should the Tenant be represented by your Listing Team, the percentages above will be adjusted
downward as follows:
• 6% months 1-60, 3% months 61-120, 1.5% months 121-180 and .5% thereafter.
Said commissions will be due and payable 50% upon full lease execution and 50% upon the lease
commencement date.
As the City had represented itself in negotiations with SDSU, CBRE is no t subject to any brokerage fees for
that transaction.
About CBRE
CBRE is uniquely qualified to perform as the consultant for this work as they are the largest and most
successful commercial real estate services firm in the world. CBRE has significant and varied resources,
including a dedicated Public Institutions Education Solutions business group which has advised over 100
non-federal agencies and universities on complicated and high-profile projects. CBRE also possesses access
to significant technological industry advances due to recent investments. Additionally, the proposed
consultant provides access to development, university, public-private partnership specialists and local
market experts to execute a transaction in the best interests of the City. CBRE touts an extensive network of
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occupiers, higher education, life sciences and tech relationships that the City will be equipped to leverage to
advance the UID. The CBRE team holds over 150+ years of combined experience, has over 20 public-private-
partnership projects underway and completed, has represented over 100 public sector clients, transacted
over 100 million square feet and has recently generated $3 billion in revenue for government clients.
On February 15, 2022, the City Council approved an agreement with CBRE for real estate advisement,
marketing and brokerage services for the larger 383-acre UID site. As part of that effort, CBRE aided in the
drafting of the term sheet between the City and HomeFed and worked to evaluate, advise and advocate for
the City’s best interests to be represented within the term sheet. Additionally, as part of this agreement, CBRE
is providing brokerage and marketing services to ensure the UID is marketed to reputable institutions and
companies. They have amassed valuable knowledge of the UID site and project and are best equipped to
continue this work in Millenia, an extension of the UID.
Based upon these unique qualifications, staff is recommending that the City Council waive the normally
applicable consultant selection process and hire CBRE on a “sole source” basis as permitted under Sections
2.56.070B(3) and 2.56.070B(4) of the Chula Vista Municipal Code.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item
does not present a disqualifying real property-related financial conflict of interest under California Code of
Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code
§87100, et seq.).
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact associated with the approval of this item.
ONGOING FISCAL IMPACT
There will be no ongoing fiscal impact to the General Fund as lease revenue will offset the commission fees.
ATTACHMENTS
Exclusive Lease Listing Agreement
Staff Contacts: Miranda Evans, Special Projects Manager
Eric Crockett, Deputy City Manager
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RESOLUTION NO. 2022-__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CITY’S CONSULTANT
SELECTION PROCESS AND APPROVING AN EXCLUSIVE
LEASE LISTING AGREEMENT WITH CBRE GROUP, INC.
FOR MILLENIA LOTS 1 AND 7
WHEREAS, City desires to attract and locate a multi-institutional, bi-national university
in Eastern Chula Vista on 383.7 acres of City-owned land (“University-Innovation District”);
and
WHEREAS, City is launching the University-Innovation District on Lot 1 and 7 of Millenia
as a way to reduce cost per acre development; and
WHEREAS, on Lot 7 of Millenia, City is constructing a 168,000 square foot Class “A” office
building (“Cinematic Arts Academic Center & Library”) with approximately 60,000 square feet
planned for a new City library, approximately 50,000 square feet planned for a university tenant,
58,000 square feet planned for talent attraction of a qualified industry user to pay market rate rent; and
WHEREAS, City requires a qualified broker to list and market the available opportunities
within the Cinematic Arts Academic Center & Library as well as additional development
opportunities on Lot 7 of Millenia; and
WHEREAS, City requires a qualified broker to list and market the available opportunities on
Lot 1 of Millenia to seek high-quality, credit tenants who contribute to the overall vision and value of
the University-Innovation District and would locate within the 1.7 million square feet available on
Lot 1; and
WHEREAS, City requires the expertise of a professional services consultant to act as a
landlord representative for the City and provide marketing services to leverage CBRE’s extensive
network of occupiers, higher education, life sciences, and tech relationships, to ensure the
University-Innovation District’s Millenia offerings will be marketed to both local firms looking to
relocate or add additional space, and national/international firms looking to enter the Chula Vista
market or expand their current presence; and
WHEREAS, Consultant is the largest and most successful commercial real estate services
firm in the world, with significant and varied resources, including a dedicated Public Institutions
Education Solutions business group which has advised over 100 non-federal agencies and
universities on complicated and high-profile projects, and consultant provides access to
development, university, public-private partnership specialists and local market experts to execute
a transaction in the best interests of the City; and
WHEREAS, Consultant is the listing broker for the larger 383-acre University-Innovation
District site as approved by the City Council on February 15, 2022 and as such, consultant has valuable
knowledge and experience working on the University-Innovation District project and are best equipped
to continue this work in Millenia; and
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Resolution No.
Page 2
WHEREAS, based upon the above-described qualifications, performance capabilities and
experience, and the substantial work that Consultant has already performed for City under a
separate but related contract regarding the University-Innovation District project, City has
determined that Consultant is uniquely qualified to perform the Required Services and has waived
the City’s competitive bidding requirements pursuant to Chula Vista Municipal Code Section
2.56.070(B)(3) (City’s interests are better served by an alternative procurement mechanism) and
2.56.070.B(4) (sole source exemption); and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista,
hereb y:
1. Finds with respect to the proposed two-party agreement (“Agreement”) between the
City and CBRE Group, Inc. (“CBRE”) for real estate advisement, marketing and
brokerage services (“Agreement”), based on the facts set forth above, that City’s
interests are better served by an alternative procurement mechanism (per CVMC
2.56.070(B)(3) and that CBRE is uniquely qualified to perform the proposed services
(per CVMC 2.56.070.B(4)), and therefore waives the City’s consultant selection
process with respect to the Agreement; and
2. Approves the Agreement in the form presented, with such minor modifications as may
be required or approved by the City Attorney, a cop y of which shall be kept on file in
the Office of the Cit y Clerk; and
3. Authorizes and directs the City Manager to execute the Exclusive Lease Listing
Agreement with CBRE in a final form approved by the City Attorney.
Presented by:
Eric C. Crockett
Deputy City Manager
Approved as to form by:
Glen R. Googins
City Attorney
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February 2, 2023
BY ELECTRONIC MAIL
City of Chula Vista
Maria Kachadoorian (mkachadoorian@chulavistaca.gov)
cc. Eric Crockett (ecrockett@chulavistaca.gov
Glen Googins (ggoogins@chulavistaca.gov)
Re: Exclusive Lease Listing Agreement:
Millenia, Lots 1 and 7 , Chula Vista, California (“Property”)
Dear Ms. Kachadoorian :
Thank you for selecting CBRE, Inc. (“CBRE”, “us”, “we”, “our”) to represent City of Chula Vista (“you”,
“your”). With respect to the leasing of the projects to be developed on Lots 1 and 7 of the larger project known as
Millenia, located in the City of Chula Vista, State of California. The terms of this engagement are contained in this
agreement (“Agreement”).
1. The initial term of this Agreement shall commence upon mutual execution and delivery of this
document, as indicated by the date of the final signature hereto, and shall terminate thirty- six (36)
months thereafter, subject to extensions, by mutual agreement of the parties in their sole respect ive
discretion, subject to each party’s right to terminate this Agreement with or without cause upon
ninety (90) days prior written notice to the other party. In the event Client terminates this Agreement
prior to the expiration of the term, then Broker shall be entitled to the following compensation: if
within six (6) months after the effective date of such termination, Client executes a binding
agreement to lease any property for which negotiations were commenced during the Term (as
evidenced by reciprocal correspondence) and set forth on a written list by Broker and delivered to
Client by the effective date of such termination, then Broker shall receive the compensation set forth
in the Agreement. Broker shall receive no compensation for any other properties that are not on such
written list.
2. During the Term, you appoint us as your agent with the exclusive right to list and market the
Property for lease and to negotiate lease agreements for the Property (which includes portions
thereof). Notwithstanding the foregoing, the possible transaction with San Diego State University
(“SDSU”) currently being negotiated between City and SDSU with respect to a film school, a
performing arts school or a combination or variation of similar uses (the “SDSU Transaction”) shall
be excluded from this agreement. CBRE shall not be entitled to any brokerage fee for the SDSU
Transaction unless separately negotiated pursuant to the terms of a separate agreement subject to
City’s approval in its sole discretion.
3. We will commit the appropriate number of qualified and licensed professionals to this engagement.
Your initial “Listing Team” is comprised of Tom Turner, Mike McShea, Chris Pascale, and Brian
Hutcherson. We will have the right to change members of the Listing Team as necessary and
appropriate. The Listing Team shall owe you duties of trust, confidence, and loyalty.
4. It is your right to: (a) approve, modify, reject, or disapprove any and all proposals and offers as well
as any prospective tenants for the Property and (b) adjust the terms and conditions of any offer made,
including but not limited to, adjusting the Property’s lease offering rate, all in your sole discretion.
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5. We will work with you to create and implement a strategy to lease the Property, including
preparation of appropriate and customary marketing materials (such as an offering brochure). In
developing the strategy, we will rely on (without requirement to verify) any information provided
to us by you, your agents, affiliates and/or any of the Property’s managers. However, we will not
issue any written marketing materials without your prior written approval. Further, you authorize us
to place one or more signs on the Property as we deem appropriate. You agree to reimburse us for
one half (1/2) of reasonable third party out-of-pocket marketing expenses approved by you from
time to time pursuant to a mutually developed and approved marketing plan and budget, which may
be modified from time to time by mutual agreement . Reimbursement is due upon the receipt of an
invoice.
We will leverage our networ k of occupiers, along with higher education, life sciences and tech
relationships to ensure the property will be marketed to both local firms looking to relocate or add
additional space, and international firms looking to enter the Chula Vista market or expand their
current presence.
We will help identify and engage all relevant industry markets with high quality employment and
university tie-in opportunities including, without limitation:
Aerospace
Cleantech
Cybersecurity
Defense
Engineering
Life Sciences
Medical Device
Media and Entertainment
Software
Telecommunications
We will take the following additional steps to marketing, recruitment and leasing success:
Broker outreach and events
Marketing materials catering to specific targeted users
Offer commute, talent/employment, and demographic studies to potential
relocating firms
Press/Social Media coverage
Engage brokers to fill possible smaller start-up/collaborative spaces
Utilize drone footage to highlight area advantages
Target tenants being priced out of other submarkets
Support the development of a marketing center
Develop “Why Chula Vista?” marketing materials for potential new-to-market
large firms
Advertise with industry-specific websites
Signage at site to highlight superior visibility from access roads
6. The success of this engagement relies, in part, on cooperation and communication between you and
CBRE. Therefore, you agree to: (i) provide us with all available information to assist us in marketing
the Property; (ii) immediately refer to us all leasing and/or purchase inquiries for the Property; and
(iii) conduct all negotiations with prospective tenants exclusively through us.
7. You represent that you either are the fee owner of or otherwise have control over the Prope rty,
subject to (i) the terms and conditions of any documents currently recorded in the Official Records
of San Diego County; and (ii) any obligations of the City pursuant to the Surplus Land Act of the
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State of California. You further represent that you have full authority to enter into this Agreement
without violating anyone else’s rights, or any other agreements or contractual obligations.
8. We will present all offers to you and assist you in developing and negotiating counteroffers until a
lease agreement (“Lease”) is signed and all contingencies are satisfied or waived. You agree that
you and/or your legal counsel are solely responsible for determining the legal sufficiency of any
documents to be executed by you in any transaction contemplated by this engagement as well as the
tax consequences of any such transaction. You are also responsible for evaluating any offers and
determining with whom you will negotiate or enter into a transaction. While we may assist you in
gathering reasonably available information, we cannot represent or warrant the creditworthiness of
any prospect and/or their ability to satisfy their obligations under a Lease. All final business and
legal decisions shall be made solely by you. Notwithstanding any designation of us as “agent” in
this Agreement, we will have no right, power, or authority to enter into any agreement with any
prospective tenant, prospective purchaser, real estate broker, or any other person in the name of, on
behalf of, or otherwise binding upon you.
9. Subject to the carve out set forth in Section 2, above we will earn, and you agree to pay us, a
commission in accordance with this Agreement and the attached Exhibit A to this Agreement
(“Commission Schedule”) if either of the following occur:
(a) during the Term, you enter into an agreement to lease the Property to a, whether procured
by us, you, or anyone else or
(b) within one hundred twenty (120) days after the expiration of the Term or after the
Agreement otherwise terminates (the “Post Term”), the Property is leased to, sold to, or
negotiations continue, resume or commence leading to a lease or sale of the Property during
the Post Term or thereafter to any person or entity with whom CBRE negotiated (either
directly or through another broker or agent) or to whom the Property was submitted during
the Term, or any such person’s or entity’s successors, assigns, or affiliates (“Existing
Prospect”), You agree that CBRE is authorized to continue negotiations with Existing
Prospects. We will submit to you a list of such Existing Prospects no later than fifteen (15)
business days following the expiration or termination of the Term; provided, however, that
if a written offer has been submitted prior to said expiration or termination date, then it
shall not be necessary to include the offeror’s name on the list .
10. You agree to remain responsible for payment of or leasing commissions earned by us (or that may
accrue in the future) unless the person or entity to whom you transfer the Property assumes your
obligations, in writing, in a form reasonably acceptable to us.
11. You agree that we are authorized to cooperate with and , if appropriate, share our commission with
“Cooperating Brokers” (such as a broker representing a purchaser or a tenant). We will be
responsible for paying the fee or commission due to the Cooperating Broker (if any) provided the
Cooperating Broker: (i) represents the prospective tenant or purchaser pursuant to a written
agreement, a copy of which is furnished to us prior to the execution of the transaction; (ii) is properly
licensed; and (iii) executes and delivers to us an acceptable cooperating brokerage agreement.
Market conditions may exist whereby, with your written agreement, which may be granted or denied
in your sole discretion, the Cooperating Broker receives an above-standard fee and/or broker bonus.
If so, our commission shall be increased by, and you agree to pay an amount such that we receive
the total fee in accordance with the Commission Schedule.
12. The Listing Team are your designated agents to the exclusion of all of CBRE’s other licensees. All
other CBRE licensees shall be referred to as “Non-Listing Team Agents” and shall be considered
Cooperating Brokers. You acknowledge that CBRE is an international brokerage firm and that it
may represent prospective tenants and purchasers, thereby creating a dual agency. You hereby
consent to our representation of such prospects. You acknowledge that Non-Listing Team Agents
owe duties of trust, confidence and loyalty exclusively to their clients. In the event that CBRE has
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a potential conflict of interest (such as CBRE proposing to act as a dual agent), then we will disclose
the conflict to you and request your written consent to the conflict in advance of any negotiations
with that potential tenant or purchaser which may be granted or denied in your sole discretion. The
Listing Team and Non-Listing Team Agents shall not disclose the confidential information of one
principal to the other.
13. Questions regarding environmental and zoning issues may arise during the course of our
representation. CBRE is not obligated to perform and has not made any investigation of the physical
conditions or zoning issues relating to the Property. You agree to disclose to us and allow us to
disclose to prospective tenants and/or prospective purchasers everything you actually know (with
no duty of inquiry) regarding present and future property issues including, but not limited to,
structural, mechanical, hazardous materials, zoning and environmental matters affecting the
Property and/or the Property’s condition.
14. If the Property becomes the subject of foreclosure proceedings before the expiration of the Term,
then in our sole and absolute discretion we may: (a) suspend this Agreement until we elect to
reinstate it or (b) terminate this Agreement and enter into a listing agreement with any receiver,
party initiating foreclosure, party purchasing the Property at a foreclosure sale, or any other third
party.
15. All past due amounts shall bear interest at the lesser of ten percent (10%) per annum or the maximum
rate permitted in the state in which the Property is located. No party will be entitled to punitive,
special and/or consequential damages, and we each waive all rights to and claims for relief othe r
than for compensatory damages.
16. You and CBRE agree to comply with all applicable laws, regulations, codes, ordinances and
administrative orders governing each party’s respective participation in any transaction
contemplated by this Agreement. Further, we both acknowledge that: (a) it is illegal to refuse to
display or lease or sell to or from any person because of one’s membership in a protected class, e.g.:
race, color, religion, national origin, sex, ancestry, age, marital status, physical or mental handicap,
familial status or any other class protected by applicable law and (b) the Property will be offered in
compliance with all applicable anti-discrimination laws.
17. This Agreement is the entire agreement and supersedes all prior understandings between you and
CBRE regarding this engagement. The Agreement is governed by the laws of the state where the
Property is located, without regard to its conflict of laws principles. This Agreement will be binding
and inure to the benefit of your and CBRE’s lawful representatives, heirs, successors, designees and
assignees. It may not be altered or terminated except in a writing signed by both you and CBRE.
Neither party’s failure to exercise any of its rights under this Agreement will relieve the other party
of its obligations hereunder. Nothing herein is or may be deemed a waiver or full statement of any
of either party’s respective rights or remedies, whether at law or in equity, all of which are expressly
reserved. If any provision of this Agreement is unenforceable or void under applic able law, the
remaining provisions will continue to be binding. This Agreement and the rights, interests or
obligations created hereunder will not be assigned by either of the parties without the prior written
consent of the other party. Each party agrees that each has participated equally in the negotiation
and drafting of this Agreement. You acknowledge that the person signing this Agreement on your
behalf has your full authority to execute it. This Agreement will be binding whether signatures are
exchanged electronically or by hand, mail, fax, electronic transfer or image, photocopy or in
counterparts.
Thank you again for this opportunity. We look forward to working with you.
Very truly yours,
CBRE, Inc.
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Licensed Real Estate Broker
By:
Name: John D. Frager
Title: Executive Managing Director
Dated: , 2023
AGREED:
City of Chula Vista
By:
Name: Maria V. Kachadoorian
Title: City Manager
Dated: , 2023
APPROVED AS TO FORM
By:
Name: ______________________________
Title: City Attorney
Dated: , 2023
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EXHIBIT A – Commission Schedule
Commissions shall be earned upon lease execution in accordance with the:
7% of the Base Rent payable during the first 60 months of the Lease Term where rent is paid, and
3.5% of the Base Rent for months 61 through 120 of the Lease Term, and
2% of the Base Rent for months 121 through 180 of the Lease Term, and
1% thereafter until the expiration of the Lease Term.
The above percentages assume the Tenant is represented by a cooperating broker as described herein. Should
the Tenant be represented by your Listing Team, the percentages above will be adjusted downward as
follows:
6% months 1-60, 3% months 61-120, 1.5% months 121-180 and .5% thereafter.
Said commissions will be due and payable 50% upon full Lease execution and 50% upon the Lease Commencement
Date. The term “Base Rent” refers to the Full Service Gross rental amount, or the Full Service Gross equivalent
including estimates for taxes, insurance, utilities and operating expenses.
The above rates are subject to the following provisions:
1. Term of Less Than 1 Year. If a lease term is less than 12 months, then the commission shall be prorated based
upon the number of months included in the lease term.
2. Option or Right of First Refusal to Renew, Extend Lease or Occupy Additional Space. If a lease for which a
commission is earned and payable hereunder contains: (i) an option or right of first refusal to renew or extend,
and a lease term is renewed or extended, whether strictly in accordance with the terms of such option or right
or otherwise and/or (ii) an option or right of first refusal to expand, and a tenant occupies additional space
whether strictly in accordance with the terms of such option or right or otherwise, then you shall pay a leasing
commission in accordance with the provisions of this Commission Schedule on the additional leased space
and/or lease term. Said commission shall be earned and payable upon execution of the documents renewing
or extending occupancy or adding space, as applicable.
3. Purchase of Property by Tenant. If a lease for which a commission is earned and payable hereunder contains
an option, right of first refusal, or similar right for purchase of the Property, and a tenant, its successors or
assignees, or any agent, officer, employee or shareholder of a tenant purchases the Property, whether strictly
in accordance with the terms of such option, right of first refusal, similar right or otherwise during (a) the term
of the lease, (b) any extension thereof, or (c) within ninety (90) days after the expiration thereof, then a sales
commission shall be calculated and paid in accordance with the provisions of that certain Exclusive Sales/
Lease listing Agreement dated October 3, 2022 by and between the City of Chula Vista and CBRE relating to
the 383 acre University Innovation District,(“UID Listing Agreement”) provided, however, that there shall
be a credit against such sales commission in the amount of lease commissions previously paid to CBRE
relating to that portion of the purchaser's lease term which is canceled by reason of such sale. In no event shall
such credit exceed the amount of such sales commission.
4. Below Market Rent. If the City elects, in its sole discretion, to lease a property at below market rental rates,
CBRE will be paid on the assumption that fair market rates are charged.
To the extent a circumstance or transaction type is not expressly addressed herein, but which transaction results
in whole or in part from CBRE’s marketing and/or brokerage service, the parties shall meet and confer to
determine the fair and appropriate amount and timing of payment therefor under the applicable circumstances.
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February 21, 2023
ITEM TITLE
Agreement: Approve a Master License Agreements with Dish Wireless, LLC to Install and Operate Macro
Cell Wireless Telecommunication Facilities on City Property
Report Number: 23-0047
Location: Citywide
Department: Economic Development
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Recommended Action
Approve the resolution authorizing the City Manager to enter into a Master License Agreement with Dish
Wireless, LLC to install and operate Macro Cell Wireless Telecommunications Facilities on City Property.
SUMMARY
The proposed Master License Agreement allows for Dish Wireless, LLC to install and operate Macro Cell
Wireless Telecommunication Facilities on City Property. The proposed Master License Agreement includes
mutually beneficial and agreed upon terms that are consistent with those provided to other wireless carriers
that are subject to the City’s review and approval.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the
state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant
to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the
foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section
15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is
required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
N/A
DISCUSSION
Macro Cell towers were first approved by the City Council on September 16, 1999 where the City Council
approved Master License Agreements (MLA) with AT&T and Cox PCS Assets, LLC for the installation and
operation of as many as 50 wireless telecommunication sites on property owned or controlled by the City.
The City also approved an MLA with Pacific Bell Wireless, LLC for as many as 25 sites in July 2007 and T-
Mobile for 25 sites in December 2007. In 1998, when the City began negotiations, City Council directed staff
to negotiate rates that would provide wireless carriers an incentive to come to Chula Vista. It was the desire
of the City Council to see Chula Vista commercial and residential customers have the opportunity to be early
adopters of the technology and benefit from the competition of multiple carriers. Staff reached out to
industry representatives, held workshops and invited the carriers to the City to structure “master”
agreements that would provide prompt entry at below-market rates. More than two decades later, now that
the latest telecommunication technology is readily available to Chula Vista consumers and the market is
abundant with options, staff recommends balancing the goals of ensuring that the City continues to attract
state of the art competitive service options for consumers with market rate lease payments for City sites.
Additionally, over a relatively short period of time, the technology has evolved from a unique business tool,
used by a few people, primarily in commercial areas, to a common business and household convenience used
almost everywhere by almost everyone. That has put tremendous demand on sites in predominantly
residential areas with few site options. The increase in sites to cover the varied topography of a growing city
increases exponentially by: 1) the limitations that each site can carry during p eak periods, 2) the increased
intensity of bandwidth use for items such as video, internet and music uses versus the original voice
functions, and 3) the desire to accommodate more carriers with the expectation of fostering greater
consumer choice, competition for price and service quality. The public demand for these services continues
to grow and all of these issues place a greater demand on sites, particularly in residential neighborhoods.
Federal and State law does not allow cities to deny permits based on health or solely on aesthetics issues.
City staff has worked with industry for many years on a “Master License Agreement” approach to reduce the
pressure on siting these facilities in less appropriate areas.
The MLA provides the City with an opportunity to work cooperatively with the carrier to expedite their
projects, provide the coverage needed to meet public demand, provide incentives to pursue sites that have
the least impact to residents and meet the aesthetic and safety goals of the community, while capturing
revenue that helps the City fund public services at no additional cost to the ratepayer. Above all, the wireless
industry values rapid deployment, and works with the City to accommodate the community’s objectives
based predominantly on our ability to demonstrate a record of timely review and construction approvals
that support that goal. The City Attorney’s Office, Finance, Development Services , Engineering and Risk
Management have provided critical assistance in developing and securing the MLA terms needed to protect
the public interest while meeting the objectives of the communications industry.
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Macro Cell Wireless Telecommunication Facilities:
The evolution of technology coupled with the demand of the public for additional bandwidth has led the
telecommunications industry to the deployment of Macro Cell Wireless Telecommunication Facilities
throughout the community. The appropriate placement of these facilities will help address the public
demand for these services, particularly in residential neighborhoods. Like the development of the Macro MLA
the City has worked collaboratively with the telecommunications industry to expedite their projects, provide
the coverage needed to meet public demand, provide incentives to pursue sites that have the least impact to
residents and meet the aesthetic and safety goals of the community, while capturing revenue that helps the
City fund public services at no additional cost to the ratepayer.
Master License Agreement:
The proposed MLA for wireless facilities on City property allows the carrier and third-party providers to
install Macro Cell Wireless Telecommunication Facilities on property owned and/or controlled by the City
and to operate within the scope of the MLA for a period five (5) years with four (4) additional five-year
optionable extensions. All of applicant’s construction, installation, maintenance, and removal of the small
cell facilities will be at their sole responsibility and cost.
The applicant is required to comply with all local, state, and federal applicable laws. The Schedule of
Premises (SOP) shall be administratively approved for each site and contain specific conditions that must be
satisfied and maintained in order to use the wireless facility. The Schedule of Premises will be submitted to
the Development Services Department and circulated to all other appropriate departments. If the applicant
causes any damage to the public right of way or City property, they are required to repair it promptly at their
sole cost. The applicant will not be allowed to activate their site until the City signs off on final construction.
The original MLA, the Schedule of Premises for each site, and City Municipal Code provide for a number of
risk mitigation measures for the City including: indemnity; insurance requirements; limitation on remedies
available to the applicant in the event of a City breach; and reservation of the City’s emergency and police
powers.
Impacts on City Property:
The installation will vary depending on the particular location and technology deployed. As mentioned, all
installations will be required to receive all applicable permits and carriers will work closely with
Development Services and Engineering to assure that they do not interfere with City operations or facility
maintenance. The installations will require maintenance and administration on a limited basis. All proposed
facilities would be required to secure all necessary land use, building and engineering permits.
Financial Benefits:
The telecommunication provider will be compensating the City for use of each site by paying an annual
license fee to the City General Fund for each Macro Cell Wireless Telecommunication Facility attachment
installed. The annual license fee is $41,251 dollars. The annual fee increases by 3% a year.
Staff will also work with carrier to implement basic facility improvements or enhancements at each site to
help them compliment the facilities’ function when the construction and demolition or site programming
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warrant it. For example, it is common for fencing and screening in City parks to be installed, replaced or
upgraded when antennae are added. These improvements are typically in addition to the lease payments.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item
does not present a disqualifying real property-related financial conflict of interest under California Code of
Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code
§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 current year fiscal impact is unknown because no applications have been received. Any applications
received and brought online this fiscal year will result in unanticipated revenue to the General Fund.
ONGOING FISCAL IMPACT
If the carrier installs twenty Macro Cell Wireless Telecommunication Facilities on City property, the City’s
General Fund would realize $825,000 annually with revenues escalating by 3% annually.
ATTACHMENTS
1. Master License Agreement with Dish Wireless, LLC
Staff Contact: Kevin Pointer, Principal Economic Development Specialist
Eric Crockett, Deputy City Manager
Page 38 of 510
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February 21, 2023 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MASTER LICENSE
AGREEMENT WITH DISH WIRELESS, LLC TO INSTALL
AND OPERATE MACRO CELL WIRELESS
TELECOMMUNICATION FACILITIES ON CITY PROPERTY
WHEREAS, on September 16, 1999 the City of Chula Vista (City) approved Master
License Agreements to allow the first Macro Cell Wireless Telecommunications Facilities on City
Property; and
WHEREAS, now more than two decades later, the latest telecommunication technology is
readily available to Chula Vista customers; and
WHEREAS, it is in the best interest of the City to balance the goals of ensuring that the
City continues to attract state of the art competitive service options for consumers with market rate
lease payments for City sites; and
WHEREAS, the public demand for wireless services continues to grow and there is a
greater demand for sites, particularly in residential neighborhoods; and
WHEREAS, the Master License Agreement with Dish Wireless, LLC provides the City
with an opportunity to work cooperatively with the carrier to expedite their projects, provide the
coverage needed to meet public demand, provide incentives to pursue sites that have the least
impact to residents, and meet the aesthetic and safety goals of the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Master License Agreement with Dish Wireless, LLC to install and operate
Macro Cell Wireless Telecommunication Facilities on City Property, in the form presented, with
such minor modifications as may be required or approved by the City Attorney, authorizes and
directs the City Manager to execute the agreement, and directs that a copy of the executed
agreement shall be kept on file in the Office of the City Clerk.
Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Deputy City Manager City Attorney
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MASTER LICENSE AGREEMENT
COMMUNICATION SITES
between
CITY OF CHULA VISTA, a California municipal corporation and charter city
and
Dish Wireless, L.L.C., a Colorado Limited Liability Company
Effective Date: _______________________
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CONTENTS
BACKGROUND .............................................................................................................. 1
AGREEMENT ................................................................................................................. 1
1. DEFINITIONS ....................................................................................................... 1
2. LICENSE AREA ................................................................................................... 4
2.1. Grant and Scope ........................................................................................... 4
2.2. License Area Condition ................................................................................. 4
2.3. Certified Access Specialist Disclosure........................................................... 4
2.4. Subsurface and Utility Improvement Rights................................................... 4
2.5 No Additional Rights or Interests ................................................................... 5
3. USE; ACCESS; UTILITIES ................................................................................... 5
3.1. Permitted Use; Equipment ............................................................................. 5
3.2. Prohibited Uses ............................................................................................. 5
3.3. Tests and Surveys ......................................................................................... 6
3.4. Access by Licensee ....................................................................................... 6
3.5. City’s Access to License Area ....................................................................... 6
3.6. Utilities ........................................................................................................... 7
3.7. Construction, Installation and Other Work ..................................................... 7
3.8. Modifications to Equipment or the License Area ........................................... 8
3.9. Routine Maintenance .................................................................................... 8
4. TERM ................................................................................................................... 9
4.1. Initial Term; Renewal Terms .......................................................................... 9
4.2. Holdover Term ............................................................................................... 9
5. LICENSE FEE AND OTHER PAYMENTS ........................................................... 9
5.1. License Fee ................................................................................................... 9
5.2. Annual License Fee Adjustments ................................................................ 10
5.3. Late Charges ............................................................................................... 10
5.4. Interest ........................................................................................................ 10
5.5. Administrative Fee ....................................................................................... 10
5.6. Payment Procedures ................................................................................... 10
6. GOVERNMENTAL APPROVALS ....................................................................... 11
6.1. Proprietary Capacity Acknowledgement ...................................................... 11
6.2. Permits and Other Regulatory Approvals .................................................... 11
7. MAINTENANCE ................................................................................................. 11
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7.1. Licensee’s Maintenance Obligations ........................................................... 11
7.2. City’s Maintenance Obligations ................................................................... 12
8. INTERFERENCE ................................................................................................ 12
8.1. Licensee’s Interference Obligations ............................................................ 12
8.2. City’s Interference Obligations ..................................................................... 12
8.3. City’s Governmental Communications ........................................................ 13
9. TAXES ................................................................................................................ 13
9.1. Title to Licensee’s Equipment and Improvements ....................................... 13
9.2. Possessory Interest Taxes .......................................................................... 13
9.3. Licensee’s Tax and Assessment Obligations .............................................. 14
9.4. Licensee’s Right to Contest Taxes or Assessments .................................... 14
10. LIENS ............................................................................................................. 14
11. INDEMNIFICATION ........................................................................................ 15
11.1. General Indemnification Obligations ........................................................ 15
11.2. Licensee’s Indemnification for Personnel Injuries .................................... 15
11.3. Licensee’s Defense Obligations ............................................................... 15
12. INSURANCE ................................................................................................... 16
13. ASSIGNMENT; SUBLICENSE ........................................................................ 16
13.1. Assignment .............................................................................................. 16
13.2. Sublicense ............................................................................................... 17
13.3. Continuing Obligations after Transfer ...................................................... 17
14. DEFAULT; REMEDIES ................................................................................... 17
14.1. Defaults and Cure Periods ....................................................................... 17
14.2. Sums Paid During Default ........................................................................ 17
14.3. No Consequential Damages .................................................................... 18
14.4. No Personal Liability ................................................................................ 18
14.5. No Relocation Assistance ........................................................................ 18
14.6. Cumulative Remedies .............................................................................. 19
15. TERMINATION ............................................................................................... 19
15.1. Grounds for Termination .......................................................................... 19
15.2. Early Termination Fee.............................................................................. 19
16. REMOVAL AND RESTORATION ................................................................... 20
17. ENVIRONMENTAL PROVISIONS .................................................................. 20
17.1. Licensee’s General Environmental Obligations ....................................... 20
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17.2. Response to Hazardous Substance Releases ......................................... 20
17.3. Self Help Remedies ................................................................................. 21
17.4. Licensee’s Environmental Indemnifications ............................................. 21
17.5. Licensee’s Cleanup Obligations ............................................................... 22
18. CONDEMNATION .......................................................................................... 22
18.1. Permanent Takings .................................................................................. 22
18.2. Temporary Takings .................................................................................. 23
19. DESTRUCTION .............................................................................................. 23
20. SECURITY DEPOSIT ..................................................................................... 23
21. NOTICES ........................................................................................................ 24
22. MISCELLANEOUS PROVISIONS .................................................................. 25
22.1. Interpretation; Construction ...................................................................... 25
22.2. Unenforceability; Severability ................................................................... 26
22.3. Time for Performance; Force Majeure ..................................................... 26
22.4. Integration; Entire Agreement .................................................................. 26
22.5. Successors and Assigns .......................................................................... 26
22.6. Amendments and Modifications ............................................................... 27
22.7. Waivers .................................................................................................... 27
22.8. Governing Law; Venue; Attorneys’ Fees .................................................. 27
22.9. Government Claims Act ........................................................................... 28
22.10 False Claims Act ...................................................................................... 28
22.11. Public Records Act Disclosure ................................................................. 28
22.12. Estoppels ................................................................................................. 29
22.13. Brokers .................................................................................................... 29
22.14. No Third-Party Beneficiaries .................................................................... 29
22.15. Bankruptcy ............................................................................................... 30
22.16. Survival .................................................................................................... 30
22.17. Submission for Inspection; No Offer ........................................................ 30
22.18. Execution; Counterparts .......................................................................... 30
EXHIBIT A ..................................................................................................................... 33
EXHIBIT C ..................................................................................................................... 35
EXHIBIT D ..................................................................................................................... 36
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MASTER LICENSE AGREEMENT FOR COMMUNICATION SITES
This Master License Agreement for Communications Sites (“Master License”)
dated ________________ (the “Effective Date”) is by and between the CITY OF CHULA
VISTA, a California municipal corporation and charter city (the “City”), and Dish Wireles,
L.L.C., a Colorado Limited Liability Company (“Licensee”).
BACKGROUND
WHEREAS, the City, in its proprietary capacity as a California municipal corporation and
charter city, owns or controls certain real property throughout the City of Chula Vista (the
“Property”), as more particularly described and depicted on a City approved Schedule of
Premises (each a “Schedule”), in substantial form as Exhibit A, which is attached hereto
and incorporated herein, which the parties intend to execute pursuant to and in
accordance with this Master License;
WHEREAS, Licensee, or its contractors, employees, or agents, or any of them, construct,
install, own, operate and/or maintain wireless communication facilities as its/their
business;
WHEREAS, Licensee desires to license from the City certain space on the Property (each
a “License Area”) for a wireless communication facility, together with certain additional
non-exclusive space for access and utilities (the “Access/Utilities Route”), all as more
particularly on each Schedule; and
WHEREAS, the City, in its proprietary capacity, desires to license the License Area and
Access/Utilities Route described in the respective Schedule(s) on the terms and
conditions in this Master License and each Schedule.
NOW, THEREFORE, for good, valuable and sufficient consideration received and
acknowledged by the parties, the City and Licensee agree as follows:
AGREEMENT
1. DEFINITIONS
The abbreviations, phrases, terms, and words used in this Master License and each
Schedule will have the following meanings assigned to them unless defined elsewhere in
this Master License or a Schedule. Undefined phrases, terms, or words in this Master
License or a Schedule will have their ordinary meanings.
(1) “Agent” means a party’s agent, employee, director, officer, contractor,
subcontractor or representative in relation to this Master License, a Schedule, or the
License Area.
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(2) “Approved Plans” means the City-approved plans and specifications
attached to a Schedule showing the Equipment, in the approved locations and
configurations, to be used to transmit and receive wireless communications signals
operated in compliance with the Permitted Use.
(3) “Broker” means any licensed real estate broker or other person who could
claim a right to a commission or “finder’s fee” in connection with the license(s) or other
real estate rights contemplated or conveyed in this Master License or a Schedule.
(4) “City” means the City of Chula Vista, California.
(5) “Claim” means any and all alleged or actual liabilities, losses, costs, claims,
demands, judgments, settlements, damages, liens, fines, penalties, and expenses,
whether direct or indirect.
(6) “Master License Commencement Date” means the Effective Date.
(7) “Environmental Costs” means any and all damages, fines, costs and fees
that arise from: (i) any violation of or material noncompliance with any applicable
Environmental Laws; (ii) any violation of or material noncompliance with any
environmental provision in this Master License or a Schedule; (iii) immediate response,
remediation and restoration actions; (iv) governmental oversight and participation; (v)
actual fees and costs for project managers, attorneys, legal assistants, engineers,
consultants, accountants and experts, whether employed with the damaged party or not;
(vi) any diminution in value, loss or restriction on use of the Property; and (vi) any
damages, fines, costs or fees whether taxable as costs or not, incurred before, at or after
any administrative or judicial proceeding, appeal or any other judicial review.
(8) “Environmental Laws” means any and all Laws which govern materials,
substances, regulated wastes, emissions, pollutants, water, storm water, ground water,
wellfield and wellhead protection, cultural resources protection, animals or plants, noise
or products and relate to protection for health, safety or the environment and natural
resources, including land, sediments, water, groundwater and stormwater, including
Hazardous Materials as defined in this Master License.
(9) “Equipment’’ means antennas, radios and any associated utility or
equipment boxes, support structures, battery backup, transmitters, receivers, amplifiers,
and ancillary equipment used for radio or other wireless communication (voice, data or
otherwise) transmission and/or reception, which includes without limitation the means,
devices and apparatus used to attach any Equipment to any structure, and any ancillary
equipment such as wiring, cabling, conduits, pipes, fiber, power feeds or similar things,
any ground based equipment and/or power pedestals needed for the operation of
Equipment, and any signage attached to such Equipment that may be approved by the
City or required by Law.
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(10) “FCC” means the Federal Communications Commission or its duly
appointed successor agency.
(11) “Hazardous Material’’ or “Hazardous Substance” means any material
that, due to its quantity, concentration or physical or chemical characteristics, is at any
time now or hereafter deemed by any local, regional, state or federal body with jurisdiction
and responsibility for issuing Regulatory Approvals in accordance with applicable Laws
to pose a present or potential hazard to human health, welfare or safety, or to the
environment. The term “Hazardous Material” as used in this Master License or any
Schedule will be broadly construed, and includes, without limitation, the following: (1) any
material or substance defined as a “hazardous substance”, or “pollutant”’ or “contaminant”
in the Comprehensive Environmental Response, Compensation and Liability Act of 1980
(codified as 42 U.S.C. §§ 9601 et seq.) or California Health & Safety Code § 25316; (2)
any “hazardous waste” listed California Health & Safety Code § 25140; or (3) any
petroleum, including crude oil or any fraction thereof, natural gas or natural gas liquids.
(12) “Indemnified City Party(ies)” means the City and its Agents, Invitees,
elected and appointed officials, employees, contractors, and volunteers.
(13) “Investigate and Remediate” means the undertaking of any activities to
determine the nature and extent of Hazardous Material that may be located in, on, under
or about any License Area or that has been, is being, or is in danger of being Released
into the environment, and to clean up, remove, contain, treat, stabilize, monitor or
otherwise control such Hazardous Material.
(14) “lnvitee” means the client, customer, invited guest, tenant, subtenant,
licensee, assignee and/or sublicensee of a party in relation to any License Area.
(15) “Laws” means all present and future statutes, ordinances, codes, orders,
policies, regulations and implementing requirements and restrictions by federal, state,
county and/or municipal authorities, whether foreseen or unforeseen, ordinary as well as
extraordinary, as adopted or as amended at the time in question.
(16) “Regulatory Approvals” means all federal, state, local, or other
governmental or regulatory licenses, permits, or other approvals necessary for Licensee
to install, operate, use, or maintain any Equipment on any License Area.
(17) “Release” when used with respect to Hazardous Material includes any
actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping or disposing on, under or about any License Area,
the Property, other City property or the environment.
(18) “RF” means radio frequency or electromagnetic waves.
(19) “Schedule Commencement Date” means the commencement date
identified in a City-approved Schedule.
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2. LICENSE AREA
2.1. Grant and Scope
Subject to the terms and conditions in this Master License and each Schedule, the City,
in its proprietary capacity as the Property owner, licenses to Licensee the License Area,
together with a non-exclusive right to use the Access/Utilities Route, for only the Permitted
Use (as defined below in Section 3.1) and for no other purpose whatsoever. Licensee
acknowledges and agrees that this Master License and each Schedule are not coupled
with an interest. This Master License, all Schedules, and all of Licensee’s rights and/or
privileges to use any License Area or any Access/Utilities Route will remain subject and
subordinate to all leases, subleases, licenses, sublicenses, easements, reservations,
covenants, conditions, restrictions, and exceptions, whether recorded or unrecorded, that
exist prior to the Effective Date.
2.2. License Area Condition
Except as may be specifically and explicitly provided otherwise in this Master License or
a Schedule, the City makes no warranties or representations whatsoever about the
Property’s, any License Area’s, or any Access/Utilities Route’s condition, fitness, or
suitability for Licensee’s use. Licensee expressly warrants and represents to City that
Licensee or its Agent have inspected the Property, all License Areas and Access/Utilities
Routes, and any environmental or other conditions on the Property, License Areas and
Access/Utility Routes, and accepts all License Areas and Access/Utilities Routes in its
present “AS-IS” and “WITH ALL FAULTS” condition. Licensee expressly acknowledges
and agrees that neither the City nor its Agents made any warranties, representations, or
promises to Licensee or its Agents about the Property, any License Areas, or
Access/Utilities Routes, whether in whole or in part, or any aspect about the Property,
any License Areas, or Access/Utilities Routes, which include, without limitation, any
structures or improvements, utilities, or Hazardous Substances.
2.3. Certified Access Specialist Disclosure
Pursuant to California Civil Code § 1938, and to the extent applicable to this Master
License or a Schedule, the City expressly advises Licensee, and Licensee expressly
acknowledges, that a Certified Access Specialist (as defined in California Civil Code §
55.53) has not inspected any License Area in whole or in part to determine whether it
meets all applicable construction-related accessibility requirements.
2.4. Subsurface and Utility Improvement Rights
The City reserves the right to install, lay, construct, maintain, repair, and operate such
sanitary sewers, drains, stormwater sewers, pipelines, manholes and connections; water,
oil, and gas pipelines; telephone and telegraph power lines, and telecommunications
lines; and the appliances and appurtenances necessary or convenient in connection
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therewith, in, over, upon, through, across and along any License Area, and any part
thereof, and to enter any License Area for any and all such purposes. The City also
reserves the right to grant franchises, easements, rights-of-way, and permits in, over,
upon, through, across, and along any and all portions of any License Area for the
installation, operation, and maintenance of public utilities.
2.5 No Additional Rights or Interests
City’s execution of this Master License or any Schedule does not: (i) confer any right or
interest on Licensee other than those rights or interests expressly granted to Licensee in
this Master License or a Schedule, as such rights or interests are limited and qualified
herein; or (ii) create or impose any obligation whatsoever on City with respect to the
Licensed Area or Property, except as expressly provided herein.
3. USE; ACCESS; UTILITIES
3.1. Permitted Use; Equipment
On and after the Schedule Commencement Date, Licensee may use the License Area(s)
to construct, install, operate, maintain, remove, and repair the Equipment, in the locations
and configurations more particularly described in the Approved Plans attached to the
Schedule, to transmit and receive wireless communications signals operated in
compliance with all applicable Laws (the “Permitted Use”), for purposes reasonably
necessary to accomplish the Permitted Use, but for no other purpose whatsoever.
3.2. Prohibited Uses
Licensee shall not use any License Area(s) or any areas on the Property (whether in
whole or in part) in any unlawful manner or for any illegal purpose. In addition, Licensee
shall not use the License Area(s) in whole or in part in any manner that interferes with the
maintenance, operation, or future operation of any City municipal function], or that
constitutes a nuisance either under applicable Laws or as determined by the City in its
sole but reasonable discretion. Licensee shall take reasonable precautions to eliminate
any nuisances or hazards in connection with its uses and activities on or about any
License Area(s). Licensee acknowledges and agrees that its rights under this Master
License do not authorize Licensee to erect, post or maintain, or permit others to erect,
post or maintain, any signs, notices, graphics or advertisements whatsoever on any
License Area(s), except signs that may be required under applicable Laws for site
identification and/or public health and safety reasons. Licensee shall not permit any
License Area(s) or Access/Utilities Route(s) to be used by any third parties at any time
during the Term in a manner that would impair the City’s title to or interest in any License
Area(s) or Access/Utilities Route(s) or in such a manner as would cause a claim or claims
of adverse possession, adverse use, prescription or other similar claims in, to or with
respect to any License Area(s) or Access/Utilities Route(s).
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3.3. Tests and Surveys
At any time throughout the Schedule Term, Licensee may, with City’s prior written
consent, conduct necessary tests, surveys and other reasonably necessary inspections
(collectively “Tests”) within a License Area and/or Access/Utilities Route to determine
suitability for the Permitted Use; provided that: (1) Licensee has first furnished the City
with all up-to-date insurance documentation required in Section 12 (Insurance) under this
Master License or any Schedule; (2) Licensee complies with all the City’s reasonable
rules and regulations necessary to avoid undue interference with other authorized
activities or operations on the Property; and (3) Licensee shall promptly return any areas
on the Property affected by any Tests to the condition that existed immediately prior to
such Tests.
3.4. Access by Licensee
Except as may be specifically provided otherwise in this Master License or a Schedule,
Licensee may use a Access/Utilities Route, 24-hours-per-day and seven-days-per-week,
for overland vehicular and pedestrian ingress and egress between the License Area and
the nearest public access roadway or street for purposes reasonably related to the
Permitted Use. The City may impose reasonable rules and regulations on the manner in
which Licensee uses the Access/Utilities Route(s), which includes without limitation rules
and regulations (1) for the locations in which Licensee, its Agents, Invitees and/or other
personnel may park vehicles and equipment on the Access/Utilities Route(s); (2)
necessary to secure the Property; and (3) necessary to ensure access to the Property for
all users authorized by the City. The City may issue to Licensee, and Licensee shall
safeguard and not share with others, any keys or codes necessary to access a License
Area via an Access/Utilities Route.
3.5. City’s Access to License Area
The City and its Agents may, after reasonable advance written notice and at any time
without advance notice in case of emergency (but with notice to Licensee as soon as
reasonably practicable) or for any purpose related to protecting the Property, enter onto
and inspect a License Area. During the six (6) months before the expiration of the
Schedule Term, the City may show a License Area to prospective licensees at times
reasonably approved by Licensee and in the presence of Licensee or its Agent. In the
event of an emergency, the City may enter on or pass through a License Area. If, under
such emergency circumstances, Licensee is not present to open a License Area, the City
may enter by any means. The City’s actions under this Section 3.5 will not constitute an
actual or constructive eviction or relieve Licensee of any obligation with respect to making
any repair, replacement, or improvement or complying with any law, order, or requirement
of any government or other authority. No provision of this Section 3.5 shall be construed
as obligating the City to perform any maintenance, repairs, alterations, or improvements.
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3.6. Utilities
Licensee shall be solely responsible to secure its own utilities for its Permitted Use and
will not be permitted to submeter from any electrical service provided to the City. Licensee
shall timely pay when due all charges for all utilities furnished to the Equipment.
3.7. Construction, Installation and Other Work
3.7.1. Structural Review
Licensee may not commence any construction or installation activities on the Property
that involve new structures or increased loading on existing structures without prior written
approval from the City Engineer or the City Engineer’s designee. Licensee shall submit
its written request for approval together with complete engineering plans, specifications
and a structural analysis report, all in a form acceptable to the City Engineer. The City
Engineer may (but is not obligated to) review all or part of such materials and may
reasonably approve, conditionally approve, or reject them for cause.
3.7.2. Performance Standards
Licensee, its Agents, employees, contractors and subcontractors shall perform all work
on the Property and all License Area(s) in a good, safe, and workmanlike manner, in strict
compliance with the Approved Plans and all applicable Laws. All installed Equipment
must be high quality, safe, fire resistant, modern in design and attractive in appearance,
all as approved by the City.
3.7.3. Licensee’s Contractors
Licensee shall use only qualified and trained persons and appropriately licensed
contractors for all work performed on or about a License Area. At least 10 business days
before any work commences on or about a License Area that requires the City’s prior
approval, Licensee shall provide the City with: (1) a schedule with all activities to be
performed in connection with the work; and (2) a list with all the names, contractor’s
license numbers and business addresses for all contractors who will be physically present
on the Property.
3.7.4. Labor and Material Costs
Licensee shall be responsible for all direct and indirect costs (labor, materials, and
overhead) in connection with designing, purchasing, and installing all Equipment in
accordance with the Approved Plans and all applicable Laws. Licensee shall timely pay
for all labor, materials, Equipment, and all professional services related to the Permitted
Use or furnished to a License Area at Licensee’s direction or for Licensee’s benefit.
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3.7.6. Coordination; Supervision
Licensee must coordinate all its installation, construction, and other work on or about a
License Area with the City. Licensee must avoid any interference (physical, electronic or
otherwise) with any existing utilities, substructures, facilities, communication
transmission, or reception equipment used by others or the City’s operations. The City
may, but will not be obligated to, supervise any construction or maintenance activities in
connection with this Master License or a Schedule. Upon a written demand from the City,
Licensee shall reimburse the City for its reasonable cost to supervise such construction
activities. Licensee agrees that any License Area will not be activated until the City has
inspected and approved final construction of the Equipment, which shall not be
unreasonably withheld or delayed.
3.7.7. Staging Area
For no more than 90 continuous days after Licensee commences construction work, or
such longer period as mutually agreed to by the parties, Licensee may use, on a
temporary and non-exclusive basis, certain space on the Property contiguous with the
License Area to the extent reasonably necessary to construct and/or install the Equipment
and subject to the City’s prior written approval not to be unreasonably withheld (“Staging
Area”). The City may withhold or revoke its consent to allow Licensee’s to use any Staging
Area when Licensee’s use unreasonably interferes with other persons or entities
authorized to use the Property.
3.7.8. As-Built Site Plans
Within 90 days after Licensee completes any subsurface construction, installation, or
other work on the Property that requires the City’s prior review and approval, Licensee
shall furnish the City with as-built site plans that depict all the subsurface Equipment and
any improvements in the then-current location and configuration. Licensee shall also
provide such as-built site plans in a native or portable document format.
3.8. Modifications to Equipment or the License Area
Except as expressly provided otherwise in this Master License or a Schedule, Licensee
may not modify or alter the Equipment or a License Area in any manner other than as
shown on the Approved Plans without the City’s prior written consent. Any such consent
shall be memorialized in an amendment to this Master License or a Schedule that shows
all Equipment and other improvements to be built, modified, or altered.
3.9. Routine Maintenance
“Routine maintenance” means ensuring that the Equipment and each License Area is
kept in good operating condition, in good aesthetic condition in accordance with the
Approved Plans and in safe condition in accordance with all applicable Laws (“Routine
Maintenance”). Routine Maintenance includes, but is not limited to, inspections, testing
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and repairs that are not otherwise modifications or alterations pursuant to Section 3.8
(Modifications to Equipment or the License Area). Routine Maintenance also includes
like-for-like Equipment replacements but does not include additional Equipment
installations not shown on the Approved Plans or replacement Equipment of different
dimensions or weight. Licensee shall notify the City of any Routine Maintenance at least
48 hours in advance of the maintenance by e-mail to PWOps@chulavistaca.gov. Such
notice of Routine Maintenance must include (1) a schedule with all activities to be
performed in connection with the Routine Maintenance; and (2) a list with all the names,
contractor’s license numbers and business addresses for all contractors who will be
physically present at the Property.
4. TERM
4.1. Initial Term; Renewal Terms
The initial term under this Master License (the “Initial Term”) will commence on the
Commencement Date and automatically expire five years from the Commencement Date
on ___________________, unless earlier terminated in accordance with this Master
License. After the Initial Term expires, this Master License will automatically renew for
four (4) additional 5-year terms (each a “Renewal Term”) unless Licensee is in default at
the time the Initial Term or Renewal Term, if any, expires or Licensee irrevocably notifies
the City that Licensee does not intend to renew this Master License within 90 days before
the Initial Term or Renewal Term, if any, expires. The parties refer to the Initial Term and
any applicable Renewal Term(s) as the “Term”.
4.2. Holdover Term
Licensee will have no right or privilege whatsoever to use or occupy a License Area or an
Access/Utilities Route in any manner or for any purpose after this Master License expires
or terminates. In the event that Licensee continues to use or occupy the License Area or
Access/Utilities Route after this Master License expires or terminates, this Master License
will automatically convert to a month-to-month license on the same terms and conditions
(the “Holdover Term”), except that: (1) the License Fee (as defined below in Section 5.1)
will be automatically increased to one hundred fifty percent (150%) over the License Fee
payable in the immediately previous year (the “Holdover Fee”), and will continue to
increase in accordance with Section 5.2 (Annual License Fee Adjustments); and (2) either
the City or Licensee may terminate such license on 30 days’ written notice for any or no
reason.
5. LICENSE FEE AND OTHER PAYMENTS
5.1. License Fee
Commencing on the first day of the month following the Commencement Date, Licensee
shall pay the City Forty One Thousand Two Hundred Fifty One Dollars ($41,251) (the
“License Fee”) on or before the first calendar day of each month, in advance, without any
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prior demand, setoff, deduction or counterclaim for any reason. The initial License Fee
payment shall be due within 30 days after the Commencement Date.
5.2. Annual License Fee Adjustments
On January 1 each year throughout the Term, the License Fee will be automatically
increased three percent (3%) over the License Fee payable in the immediately previous
year.
5.3. Late Charges
In the event that Licensee fails to pay any License Fee or any other amount payable to
the City within five days after the City notifies that such amounts are due and unpaid,
such amounts will be subject to a late charge equal to five percent (5%) of unpaid
amounts.
5.4. Interest
Any License Fees and all other amounts payable to the City other than late charges will
bear interest at ten percent (10%) per annum or the highest rate permitted by applicable
Law (whichever is greater) from the due date when not paid within five days after due and
payable to the City. Any sums received shall be first applied towards any interest, then to
the late charge and lastly to principle amount owed. Any interest or late charge payments
will not alone excuse or cure any default by Licensee.
5.5. Administrative Fee
Within 60 days after the parties fully execute this Master License, Licensee shall pay to
the City a nonrefundable administrative fee equal to eight thousand and 00/100 Dollars
($8,000.00) (the “Administrative Fee”) to cover the City’s costs to review and execute
this Master License and each Schedule. The Administrative Fee shall not be any offset
to any License Fees owed pursuant to Section 5.1 (License Fee) and is fully earned by
the City upon the full execution of this Master License.
5.6. Payment Procedures
Licensee shall deliver all payments due under this Master License to the City of Chula
Vista, 276 Fourth Avenue, Chula Vista, CA 91910. The designated place of payment may
be changed from time-to-time upon written notice. Payments must be made by check
payable to the City of Chula Vista. No payment by Licensee or receipt by the City of a
lesser amount than payment due will be deemed to be other than a payment made on
account for the total payment due, nor will any endorsement or statement on any check
or any letter accompanying any check or payment be deemed an accord and satisfaction.
The City’s acceptance of such checks or payment will be without prejudice to the City’s
right to recover the balance of the amount due or pursue any other remedy in this Master
License or a Schedule, in equity, or at law. Upon agreement of the parties, Licensee may
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pay License Fees by electronic funds transfer and, in such event, the City agrees to
provide to Licensee bank routing information for such purpose upon request of Licensee.
6. GOVERNMENTAL APPROVALS
6.1. Proprietary Capacity Acknowledgement
The City and Licensee expressly acknowledge and agree the City enters this Master
License and each Schedule solely in its proprietary capacity as the owner or controller of
the Property and not in its capacity as a regulatory agency. Licensee acknowledges and
agrees that any federal or state Laws applicable to the City in its regulatory capacity will
not be applicable to the City in its proprietary capacity and Licensee will not seek to have
such Laws applied to the City or any approval, disapproval, act, or failure to act in
connection with this Master License or a Schedule. Licensee further acknowledges and
agrees that: (1) only the terms and conditions in this Master License or a Schedule will
govern the criteria and timeframes for the City’s decisions or actions in its proprietary
capacity in response to Licensee’s requests for approvals in connection with this Master
License or a Schedule; (2) any approval or disapproval the City may issue in its
proprietary capacity in connection with this Master License or a Schedule will not be
deemed to be an approval or disapproval the City may be required to issue in its
regulatory capacity, if any; and (3) any approval or disapproval the City may issue in its
proprietary capacity will not give preference to Licensee or Licensee’s applications over
other persons or applications in any regulatory proceeding solely based on this
proprietary relationship.
6.2. Permits and Other Regulatory Approvals
Licensee shall not commence any work at the Property until Licensee obtains all
necessary Regulatory Approvals, which includes without limitation a use permit, design
review permit, and any other permit obtained through any other City department. Subject
to the provisions and limitations in Section 6.1 (Proprietary Capacity Acknowledgment),
and only to the extent permissible under applicable Laws, the City will reasonably
cooperate with Licensee’s efforts to obtain and maintain all necessary Regulatory
Approvals.
7. MAINTENANCE
7.1. Licensee’s Maintenance Obligations
At all times throughout the Term and any Schedule Term, Licensee shall maintain, repair,
and secure its Equipment and all other personal property and improvements brought onto
the Property in good, orderly, and safe condition. Licensee shall keep all License Area(s)
free of debris, graffiti, and any other dangerous, noxious, or offensive condition which
would create a hazard or undue vibration, heat, noise, or interference, and shall correct
any such conditions within 48 hours after receipt of written notice.
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7.2. City’s Maintenance Obligations
The City shall not be responsible for repairs or maintenance in connection with the
Equipment, License Area(s) (which includes the Staging Area(s) during Licensee’s use),
or for any associated costs except to the extent caused by the City or its Agents. The City
shall maintain, at its sole expense, Access/Utilities Route(s) in a manner sufficient to allow
access, weather and seasonal conditions permitting. Licensee acknowledges that the
Access/Utilities Route(s) as currently constructed and maintained, or at the time of any
Schedule Commencement Date, are sufficient to provide it with access. The City, under
no circumstances, shall be required to expand or enlarge an Access/Utilities Route(s).
Access/Utilities Route(s) may be altered in design or location by the City provided that
the alteration does not materially impair Licensee’s ability to access a License Area. If
Licensee causes any damage to an Access/Utilities Route, Licensee shall promptly repair
same at its sole expense.
8. INTERFERENCE
8.1. Licensee’s Interference Obligations
Licensee shall not operate the Equipment, cause or allow others to operate the
Equipment, or use the License Area in a manner that causes interference with other
communication transmission or reception equipment lawfully used by the City, its Agents,
or any third parties authorized by the City to use the Property. Any such interference will
be deemed a default under this Master License and/or a Schedule and, after Licensee
receives notice that such interference exists, Licensee will be responsible to promptly
eliminate any such interference at no cost to the City. In the event that Licensee does not
promptly cure such interference within seventy-two (72) hours following notice, Licensee
shall reduce power or cease operations of the interfering equipment until the interference
is cured. The parties acknowledge that continued interference with communication
transmission or reception equipment lawfully used by the City, its Agents, or any third
parties authorized by the City to use the Property may result in irreparable harm and,
therefore, the City will have the right, in addition to all other rights provided by contract, in
equity, or at law, to bring an action against Licensee to enjoin such interference or
terminate this Master License or a Schedule.
8.2. City’s Interference Obligations
The City shall not operate commercial communications equipment on the Property, or
cause or allow any third parties authorized by the City to use the Property to operate
commercial communications equipment on the Property, in a manner that causes
unreasonable interference with other communication transmission or reception
equipment lawfully used by Licensee, its Agents, or Invitees. Nothing in this Section 8.2
is intended to limit, prohibit, or enjoin the City from entering into any agreements with any
third parties for uses on the Property similar to the Permitted Use. Licensee further
acknowledges that the City may use communications equipment on the Property in
connection with its police, governmental, or public safety communications systems.
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Notwithstanding anything in this Master License to the contrary, the City’s physical
placement and operation of such communications systems that may be in proximity to
Licensee’s Equipment will not constitute interference as that term is used in this Section
8.
8.3. City’s Governmental Communications
Licensee acknowledges that the City may use communications equipment on the
Property in connection with its governmental or regulatory functions, that such equipment
and/or the frequencies on which such equipment operates may change from time to time,
and that communications in connection with the City’s governmental or regulatory
functions are paramount over Licensee’s operations. Notwithstanding anything in this
Master License or a Schedule to the contrary, any interference with Licensee’s operations
or Equipment caused by any communications equipment used by the City in its
governmental or regulatory capacity in connection with its governmental or regulatory
functions: (1) will not be a default under this Master License or a Schedule; (2) will not
entitle Licensee to a cure for such interference; and (3) will not entitle Licensee to bring
any judicial action for any injunction. Notwithstanding the foregoing, the City agrees to
reasonably cooperate with Licensee’s efforts to locate the interference source and make
a good faith effort to resolve the interference with Licensee’s operations or Equipment in
a manner that does not diminish the City’s governmental or regulatory functions and use
of its communications equipment. The provisions in this Section 8.3 shall not preclude
Licensee’s right to seek relief from the FCC in accordance with the FCC’s rules and
regulations.
9. TAXES
9.1. Title to Licensee’s Equipment and Improvements
All Equipment and other improvements constructed, installed, or placed on a License
Area or Access/Utilities Route by Licensee or at Licensee’s request or direction will be
and at all times remain Licensee’s personal property and will not be deemed fixtures or
real property for any purpose, whether such objects would be deemed fixtures or real
property under applicable Laws or not.
9.2. Possessory Interest Taxes
Licensee understands and acknowledges that: (1) this Master License or a Schedule,or
any improvements placed on the Property may create a possessory interest, as defined
in California Revenue and Taxation Code § 107, subject to taxation; (2) Licensee will be
required to timely pay any and all such possessory interest taxes; and (3) any transfer,
assignment, or sublicense in connection with this Master License or a Schedule, and any
options to extend or renew this Master License or a Schedule, may constitute a change
in ownership for taxation purposes and therefore result in a revaluation for any
possessory interest created under this Master License or a Schedule. Licensee further
acknowledges that Licensee will have no claim for damages against the City for any
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possessory interest taxes levied against any License Area(s), Equipment, or
improvements because it received actual notice that this Master License or a Schedule
may create a possessory interest and that Licensee would be solely liable for any and all
taxes levied on such possessory interest.
9.3. Licensee’s Tax and Assessment Obligations
Licensee agrees to pay when due and prior to delinquency any and all taxes,
assessments, charges, excises, and exactions whatsoever (collectively, “Impositions”),
which include without limitation any possessory interest taxes, that arise from or in
connection with Licensee’s uses on a License Area or the Equipment that may be
imposed on Licensee under Law. Licensee shall not allow or suffer any lien for any
Impositions to be imposed on a License Area or Equipment. In the event that the City
receives any Imposition notices on or in connection with a License Area or Equipment,
the City shall promptly (but in no event later than 30 calendar days after receipt) forward
the same, together with reasonably sufficient written documentation that details any
increases in the taxable or assessable amount attributable to the Equipment.
9.4. Licensee’s Right to Contest Taxes or Assessments
Licensee will have the right to contest any Impositions that Licensee disputes in good
faith, so long as no lien attaches to the Property and Licensee complies with any bond,
deposit, collateral or other requirements under applicable Law.
10. LIENS
Licensee shall keep any and all License Area(s) free and clear from any and all liens or
other impositions in connection with any work performed, material furnished, or
obligations incurred by or for Licensee. Licensee will inform all contractors and material
suppliers that provide any work, service, equipment, or material to Licensee in connection
with the License Area that the License Area is public property not subject to any
mechanics’ liens or stop notices. If any Licensee contractor or material supplier files any
lien or imposition that attaches, or purports to attach, to the License Area, Licensee shall
promptly (but in no case later than 30 days after discovery) cause such lien or imposition
to be released. In the event that Licensee does not cause such lien or imposition to be
released within the 30-day period, the City will have the right, but not the obligation, to
cause such lien or imposition to be released in any manner the City deems proper, which
includes without limitation payment to the lienholder, with or without notice to Licensee.
Licensee shall reimburse the City for all costs and expenses incurred to cause such lien
or imposition to be released (which includes without limitation reasonable attorneys’ fees)
within 10 days after Licensee receives a written demand from the City together with
reasonable documentation to support such costs and expenses.
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11. INDEMNIFICATION
11.1. General Indemnification Obligations
Licensee, for itself and its successors and assigns, shall indemnify, defend, and hold the
harmless the City, its Agents, Invitees, and their respective heirs, legal representatives,
successors, and assigns (collectively, the “Indemnified City Parties”) from and against
any and all Claims, incurred in connection with or arising in whole or in part from any act
or omission by Licensee or its Agents, licensees, customers, contractors, or invitees in
connection with this Master License, any Schedule,or any Equipment, whether any
negligence may be attributed to any Indemnified City Parties or not, whether any liability
without fault is imposed or sought to be imposed on any Indemnified City Parties or not,
but except to the extent that that such Claim is directly and exclusively caused by the
City’s sole active negligence or willful misconduct. Licensee’s obligations under this
Section 11 includes, without limitation, all reasonable fees, reasonable costs and
expenses for attorneys, consultants and experts, and the City’s actual costs to investigate
and defend against any Claim. Licensee expressly acknowledges and agrees that: (a)
Licensee has an immediate and independent obligation to defend any Indemnified City
Parties from any Claim that actually or potentially falls within this Section 11, even when
the allegations in the Claim are or appear to be groundless, baseless, fraudulent, or false;
and (b) Licensee’s obligations arise at the time any Indemnified City Parties tender a
Claim to Licensee and continue until such Claim’s final, non-appealable resolution.
Licensee’s obligations under this Section 11 shall survive this Master License’s
revocation, termination, or expiration.
11.2. Licensee’s Indemnification for Personnel Injuries
Licensee acknowledges that (1) the City has delegated to Licensee control over any and
all License Area(s); and (2) the City is not a co-employer of any employee of Licensee or
any employee of Licensee’s Agents, and the City shall not be liable for any Claim by
Licensee’s or its Agent’s employee(s), except to the extent that that such Claim is directly
and exclusively caused by the City’s sole active negligence or willful misconduct.
Licensee agrees to fully indemnify, defend, and hold the City harmless in the same
manner and to the same extent as provided in Section 11.1 (General Indemnification
Obligations) against any Claim by any employee of Licensee or its Agents that arises in
connection with Licensee’s or its Agents’ access, use, or other activity on or about any
License Area, except to the extent that that such Claim is directly and exclusively caused
by the City’s sole active negligence or willful misconduct.
11.3. Licensee’s Defense Obligations
If any Claim is brought against any Indemnified City Parties in connection with any subject
matter for which any Indemnified City Parties are to be indemnified by Licensee, or where
Licensee is obligated to defend any Indemnified City Parties, under this Master License
or a Schedule, Licensee shall, upon written notice and at Licensee’s sole cost and
expense, resist, and defend against such Claim with competent and experienced legal
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counsel reasonably acceptable to the City. The City shall not unreasonably withhold or
delay its consent to legal counsel selected by Licensee; provided, however, that the City
has the absolute right to reject any proposed legal counsel that: (1) has less than 10
years’ direct experience representing public agencies in similar actions or proceedings as
those brought against the Indemnified City Parties; (2) is not duly licensed to practice law
in the State of California by the State Bar of California; (3) has any past or pending
disciplinary actions by any United States tribunal or state bar association; or (4) has any
actual or potential conflicts of interest with any Indemnified City Parties who would be
represented by such proposed legal counsel. Licensee shall not, without the City’s written
consent, enter into any compromise or settlement agreement on any Indemnified City
Parties’ behalf that: (a) admits any liability, culpability, or fault whatsoever on any
Indemnified City Parties’ part; or (b) requires any Indemnified City Party to take or refrain
from any action, which includes without limitation any change in the City’s policies or any
monetary payments. Nothing in this Master License or a Schedule shall be construed to
limit or preclude any Indemnified City Parties or their respective legal counsel from
cooperating with Licensee and/or participating in any judicial, administrative, alternative
dispute resolution, or other litigation or proceeding. Licensee’s obligations under this
Section 11.3 shall survive this Master License’s or any Schedule’s revocation,
termination, or expiration.
12. INSURANCE
Prior to any construction, installation, or other work by Licensee or its contractors or
subcontractors in, on, under, or above the Property, Licensee shall comply with all
insurance requirements and other obligations contained in Exhibit D (Licensee’s
Insurance Obligations), attached hereto and incorporated herein, and shall provide the
City with all required certificates and endorsements shall require its contractors or
subcontractors to comply with substantially the same insurance requirements and other
obligations contained in Exhibit D. To the extent designed to assure protection from and
against the kind and extent of risk that may exist under the activities subject to this Master
License or a Schedule, the City shall have the right to amend or replace the insurance
requirements and other obligations contained in Exhibit D on 30 days’ prior written notice
to Licensee. Any noncompliance with any insurance requirements in this Master License
or any Schedule by Licensee or its contractors or subcontractors shall be a material
default by Licensee.
13. ASSIGNMENT; SUBLICENSE
13.1. Assignment
Licensee may not assign this Master License or any Schedule at any time without the
City’s prior written consent. Any assignment that violates this Section 13.1 shall be
deemed void and without any legal effect whatsoever, and the City shall have the right
(but not the obligation) to terminate this Master License or any Schedule upon written
notice to Licensee. This Section 13.1 shall not preclude Licensee’s right to enter into a
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standard roaming agreement allowing subscribers of other wireless carriers to use the
Equipment specifically constructed for Licensee’s use.
13.2. Sublicense
Licensee shall not sublicense or in any other manner allow a third party to occupy or use
any License Area and/or support structure without the City’s prior written consent, which
the City, in the City’s sole discretion, may withhold or condition. Any act that violates this
Section 13.2 shall be deemed to be a material default by Licensee and the City shall have
the right (but not the obligation) to exclude any unauthorized third parties from the
Property.
13.3. Continuing Obligations after Transfer
No assignment, sublicense, or other transfer, whether with the City’s consent or not, will
relieve Licensee from any obligation under this Master License or any Schedule unless:
(1) the City expressly releases Licensee from such obligations in a written release signed
by the City; (2) Licensee’s transferee demonstrates the present ability to perform such
obligations to the City’s satisfaction; and (3) Licensee’s transferee expressly and
irrevocably assumes such obligations in a writing signed by Licensee’s transferee. Any
assignment, sublicense, or other transfer that is not in compliance with this Section 13
(Assignment; Sublicense) will be deemed to be a material default by Licensee. Any
payment by any third-party person or entity accepted by the City in connection with this
Master License or any Schedule will not be deemed to waive any provision or obligation
in this Master License or any Schedule or be construed to be consent by the City to any
assignment or sublicense.
14. DEFAULT; REMEDIES
14.1. Defaults and Cure Periods
The parties agree that it will be a default under this Master License when either the City
or Licensee: (1) fails to tender any sums payable pursuant to this Master License or any
Schedule when due, and such failure continues for 10 days after notice from the non-
defaulting party; or (2) fails to perform any non-monetary term, provision, covenant, or
obligation under this Master License or any Schedule, and such failure continues for 30
days after notice from the non-defaulting party. Notwithstanding the foregoing sentence,
said 30-day cure period will be reasonably extended when the default cannot be cured
within 30 days and the defaulting party commences to cure within said 30-day cure period
and diligently pursues the cure to completion.
14.2. Sums Paid During Default
Neither Licensee’s payment nor the City’s or its Agents’ acceptance of any License Fees
or any other sums due to the City or its Agents under this Master License or any Schedule
during any such default will be deemed to cure any such default, waive the City’s right to
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demand material compliance with such obligation, term, covenant, or condition or be
deemed to be an accord and satisfaction for any Claim the City may have for further or
additional sums.
14.3. No Consequential Damages
Licensee expressly acknowledges and agrees that the License Fee or any other sums
payable to the City under this Master License or any Schedule do not consider any
potential liabilities for consequential or incidental damages. The City would not willingly
enter this Master License or any Schedule without a complete waiver of liability, to the
fullest extent permitted by Law, for consequential or incidental damages due to the City’s
or its Agents’ acts or omissions, and Licensee expressly assumes the risk with respect
thereto. Accordingly, without limiting Licensee’s indemnification obligations or other
waivers contained in this Master License or any Schedule and as a material consideration
for this Master License and any Schedule, Licensee fully releases, waives, and
discharges forever any and all Claims against the City for consequential and/or incidental
damages that arise from or in connection with this Master License or any Schedule, which
includes without limitation any lost profits from disruption to Equipment, any interference
with uses or activities conducted by Licensee under this Master License or any Schedule,
from any cause whatsoever, and whether due to the City’s or its Agents’ active or passive
negligence or willful misconduct or not, and covenants not to sue for such damages the
City and the City’s other departments, and all the City agencies, officers, directors, and
employees, and all persons acting by, through, or under them.
14.4. No Personal Liability
No elected or appointive board, agency, member, officer, employee or other Agent
of the City will be personally liable to Licensee, its successors, or assigns, in the event of
any default or breach by the City or for any amount which may become due to Licensee,
its successors, or assigns, or for any obligation of the City under this Master License or
any Schedule.
14.5. No Relocation Assistance
This Master License or any Schedule does not create any right in Licensee to receive any
relocation assistance or payment for any reason under the California Relocation
Assistance Law (California Government Code §§ 7260 et seq.), the Uniform Relocation
Assistance and Real Property Acquisition Policies Act (42 U.S.C. §§ 4601 et seq.), as
either may be amended or superseded, or any similar Laws upon or after any termination.
To the extent that any such Laws may apply, Licensee waives, releases and relinquishes
forever any and all Claims that it may have against the City for any compensation from
the City except as provided in Section 18 (Condemnation).
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14.6. Cumulative Remedies
Except as may be specifically provided otherwise in this Master License, any and all
rights, benefits and/or remedies provided or afforded to either the City or Licensee under
this Master License or any other instrument or document executed pursuant to this Master
License are and will be cumulative and not exclusive of any legal or equitable rights,
benefits, or remedies available to either the City or Licensee under applicable Laws.
15. TERMINATION
15.1. Grounds for Termination
In addition to any other provision in this Master License or any Schedule that authorizes
the City or Licensee to terminate this Master License or any Schedule, this Master License
and any Schedule may be terminated as follows:
(1) by either the City or Licensee upon 30 days’ written notice when the other
remains in default beyond any applicable cure period, as may be extended;
(2) by Licensee upon written notice to the City at any time prior to the
Commencement Date if any Tests show, in Licensee’s opinion, that a
License Area is not suitable for the Permitted Use;
(3) by Licensee upon written notice to the City at any time prior to the
Commencement Date if Licensee cannot obtain all Regulatory Approvals
required for the Permitted Use after Licensee exhausts in good faith all
administrative remedies available to Licensee in connection with an
application for such Regulatory Approvals; or
(4) by Licensee upon one hundred and eighty (180) days’ written notice to the
City at any time after the Commencement Date for any or no reason; or
(5) by City upon one hundred and eighty (180) days’ written notice to Licensee
at any time after the Commencement Date for any or no reason
15.2. Early Termination Fee
If Licensee elects to terminate this Master License or any Schedule pursuant to Section
15.1(4), Licensee shall include with its termination notice a lump sum payable to the City
equal to the then-current License Fee multiplied by either 12 or the number of months
remaining in the then-current five (5) year term (whichever is less) (the “ETF”). Licensee
will not be obligated to pay any ETF if Licensee terminates this Master License prior to
the Commencement Date pursuant to Sections 15.1(1), (2) or (3).
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16. REMOVAL AND RESTORATION
Licensee shall remove all Equipment at its sole expense upon the expiration or within 90
days of earlier termination of this Master License or any Schedule, including but not
limited to facilities used to house Equipment that the City does not elect to retain and
provide reasonable advance written notice to Licensee of such election. Licensee shall
repair any damage to any and all License Area(s) caused by such removal and shall
return all License Area(s) to the condition which existed on the Effective Date, reasonable
wear and tear e excepted. Without limiting the generality of the foregoing, Licensee shall
remove all footings, foundations, utilities, wiring, and conduits. Licensee shall be deemed
in actual possession of all License Area(s) until and unless it completely removes its
personal property and restores License Area(s) consistent with this Section 16. City may,
but is not obligated to, perform Licensee’s above removal and restoration obligations after
expiration or earlier termination of the Master License or any Schedule. In addition to any
other sums due to City under this Agreement, Licensee shall reimburse City for all costs
incurred by City, including staff time at fully burdened hourly rates, to perform such
removal and restoration obligations (“Reimbursement Costs”). Licensee agrees to pay
City for all Reimbursement Costs by no later than ten (10) calendar days after receipt of
a notice of such Reimbursement Costs from the City.
17. ENVIRONMENTAL PROVISIONS
17.1. Licensee’s General Environmental Obligations
Licensee, its Agents, and Invitees may use only those Hazardous Substances on or about
the Property that are normally associated with the Permitted Use, and only in strict
compliance with all applicable Environmental Laws. Licensee shall use reasonable efforts
to minimize Hazardous Substance use on the Property and, to the extent commercially
reasonable, use non-hazardous alternatives in Licensee’s operations. Licensee shall
manage and conduct its, its Agents’ and Invitees’ activities on or in connection with the
Property: (1) in compliance with all applicable Environmental Laws and applicable
provisions in this Master License and any Schedule; (2) in cooperation with the City and
the City’s efforts to maintain compliance with all applicable Environmental Laws; and (3)
in accordance with all environmental or operational standards or guidelines for common
and accepted practices appropriate for the business that Licensee and its Agents or
Invitees engage in on the Property and/or such guidelines as have been articulated by
pertinent trade associations, professional associations or regulatory agencies applicable
to the Equipment and the Permitted Use. Licensee shall manage its, its Agents’ and
Invitees’ activities on or about the Property, and as may be appropriate, secure License
Area(s), so as to prevent any noncompliance with any applicable Environmental Law or
any applicable environmental provision in this Master License or any Schedule.
17.2. Response to Hazardous Substance Releases
If any actual, threatened, or reasonably suspected Release occurs for which Licensee is
responsible under this Master License or any Schedule, Licensee shall immediately
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undertake and diligently pursue, at Licensee’s sole cost and expense, all action or actions
necessary or appropriate to investigate, contain, stop, accomplish source control, remove
and perform interim remediation in connection with such Release. Licensee shall promptly
send the City written notice after Licensee discovers facts about: (1) an actual or
reasonably suspected violation in connection with any Environmental Law related to the
Property or this Master License or any Schedule; or (2) an actual or reasonably suspected
Release on, under, from, or adjacent to the Property.
17.3. Self Help Remedies
Except in an emergency or pursuant to a governmental order that requires immediate
action, in which case the City shall have the rights to perform immediate action, the City
shall have the right (but not the obligation) to perform Licensee’s environmental
obligations under this Section 17 or any applicable Environmental Laws after the City
provides Licensee with seven days’ written notice and a demand to perform the
obligations in issue. The City shall charge Licensee, and Licensee shall promptly
reimburse the City upon demand, for any Environmental Costs, which shall bear interest
at the statutory rate then in effect from the date the City expends any such funds.
However, the City may not perform Licensee’s obligations under this Section 17 when,
within the seven-day notice period, Licensee promptly notifies the City, begins and
continues thereafter to diligently pursue full performance to completion for all obligations
stated in the City’s notice.
17.4. Licensee’s Environmental Indemnifications
If Licensee breaches or fails to perform any environmental obligations contained in this
Section 17, or if any act, omission or negligence by Licensee or its Agents or Invitees
results in any contamination on or about the Property or the License Area, in whole or in
part, or in a Release from, on, about, in or beneath the Property or any License Area(s),
in whole or in part, or any Environmental Law violation, then Licensee, for itself and its
successors and assigns, shall indemnify, defend and hold harmless the City, including its
Agents, and their respective successors and assigns from and against any and all Claims
(including damages for decrease in value of the Property or any License Area(s), any loss
or restriction on the use of usable space on the Property or any License Area(s) and sums
paid to settle any Claims, which include without limitation attorneys’ fees, consultants’
fees, experts’ fees and related costs) that arise during or after the Term and in relation to
such Release or violation; provided, however, Licensee shall not be liable for any Claims
to the extent such Release or violation was caused by the City’s or its Agents’ sole
negligence or willful misconduct, or any conditions that existed prior to Licensee’s Term
from any cause. Licensee’s indemnification obligation includes costs incurred in
connection with any activities required to Investigate and Remediate any Hazardous
Substance brought onto the Property or the License Area by Licensee, its Agents, or
Invitees and to restore the Property or the License Area to its condition that existed
immediately before Licensee introduced such Hazardous Substance or to correct any
Environmental Law violation(s). Licensee specifically acknowledges and agrees that it
has an immediate and independent obligation to defend the City and the other
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Indemnified City Parties from any Claim that actually or potentially falls within this
indemnification provision even if the allegations that support the Claim are or may be
groundless, fraudulent or false, and which obligation arises at the time such Claim is
tendered to Licensee by the Indemnified City Party and continues until the Claim is finally
resolved. Licensee shall afford the City a full opportunity to participate in any discussions
with regulatory agencies regarding any settlement agreement, cleanup or abatement
agreement, consent decree or other compromise or proceeding involving Hazardous
Substances.
17.5. Licensee’s Cleanup Obligations
Without limiting the indemnification obligations in Section 17.4 (Licensee’s Environmental
Indemnification Obligations), Licensee will be responsible for all response, remediation,
and restoration obligations in connection with any Release and associated Environmental
Costs that results from or occurs in connection with Licensee’s occupation, possession
or use of the Property and/or License Area from the Commencement Date, throughout
the Term and after this Master License or any Schedule expires or terminates.
18. CONDEMNATION
18.1. Permanent Takings
If any entity with the power to condemn permanently takes any License Area in whole or
in part, or if the City transfers the License Area (in whole or in part) to such entity in lieu
of eminent domain, the following provisions will apply:
(1) Any affected Schedule will automatically terminate on the date the
permanent taking or transfer occurs. The City will be entitled to any award
paid or made in connection with the taking or any sums paid in lieu of such
taking. Licensee hereby expressly waives any right or claim to any portion
thereof, including any claim for loss of business or goodwill. All damages,
whether awarded as compensation for diminution in value of the License or
to the fee of the License Area, shall belong to the City. Licensee will have
no Claim against the City for the value of any unexpired Term of this Master
License or any Schedule or otherwise except that Licensee may claim any
portion of the award that is specifically allocable to Licensee’s loss or
damage to Licensee’s Equipment or other trade fixtures or personal
property.
(2) If the City transfers any License Area (in whole or in part) to any entity with
the power to condemn in lieu of eminent domain, the proceeds from such
transfer shall be distributed in the same manner as in a condemnation.
(3) The parties understand, acknowledge and agree that this Section 18.1 is
intended to fully govern the parties’ rights and obligations in the event of a
permanent taking. Licensee and the City each hereby waives and releases
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any right to terminate this Master License or any Schedule in whole or in
part under California Code of Civil Procedure §§ 1265.120 and 1265.130
and under any similar Laws to the extent applicable to this Master License
or any Schedule.
18.2. Temporary Takings
Any taking that affects any License Area in whole or in part for less than 90 days will have
no effect on this Master License or any Schedule, except that Licensee will be entitled to
a pro-rata abatement in the License Fee to the extent that such temporary taking
materially impairs Licensee’s use of the License Area. Furthermore, in the event that the
City receives an award, if any, in connection with such temporary taking, Licensee will
receive the portion from the award that represents compensation for the use or occupancy
of the License Area during the Term but not to exceed the License Fees payable by
Licensee for the period of the taking, and the City will retain the balance of the award.
19. DESTRUCTION
If any License Area, in whole or in part, becomes damaged or destroyed due to any cause,
the City will have no obligation to repair, rebuild, or replace the damaged or destroyed
License Area. If any License Area, in whole or in part, becomes so damaged or destroyed
that it materially impairs Licensee’s Permitted Use, and such damage or destruction
resulted from a cause not attributable to Licensee or any other person or entity affiliated
with Licensee or under Licensee’s direction or control, Licensee may elect to terminate a
Schedule affected thereby within 60 days after such damage or destruction occurs.
20. SECURITY DEPOSIT
Before the commencement of any work, Licensee shall maintain and furnish to the City
an executed performance bond, letter of credit, or other form of security acceptable to the
City (the “Security”) for the purpose of protecting the City from the costs and expenses
associated with Licensee’s failure to comply with its material obligations under and
throughout the life of this Master License and any Schedule, including but not limited to,
(a) the City restoration of any License Area, in whole or in part; (b) the City’s removal of
any of Licensee’s Equipment or associated improvements that are abandoned or not
properly maintained or that need to be removed after expiration or termination of this
Master License or any Schedule or to protect public health, safety, welfare, or City
property; or (c) the City’s remediation of environmental and hazardous waste issues
caused by Licensee pursuant to Section 17 (Environmental Provisions), after Licensee
receives reasonable notice from the City of any of the non-compliance listed above and
an opportunity to cure as described within this Master License. The amount of the Security
shall be Twenty Five Thousand Dollars ($25,000). The Security must be in a form
approved by the City Attorney. Any acceptable Security instrument having an expiration
date earlier than the expiration of the Term of this Master License or any Schedule shall
be automatically renewable. In the event the surety or party issuing the Security cancels
or decides not to renew or extend the Security, Licensee shall obtain, and provide to the
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City for approval, a replacement Security with another surety within 30 days of the date
of receipt of the notice that the existing surety intends to cancel or not renew. If Licensee
fails to provide the replacement Security within the 30-day period, the City may
immediately suspend Licensee from any further performance under this Master License
or any Schedule and begin procedures to terminate for default. Licensee’s obligations in
this Section 20 will survive expiration or earlier termination of this Master License and any
Schedule for three (3) years.
21. NOTICES
Except as may be specifically provided otherwise in this Master License or any Schedule,
all notices, demands or other correspondence required to be given in connection with or
pursuant to this Master License or any Schedule must be written and delivered through
(1) an established national courier service that maintains delivery records and
confirmations; (2) hand delivery; or (3) certified or registered U.S. Mail with prepaid
postage and return receipt requested, and addressed as follows:
TO CITY: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention: Director of Public Works
619-397-6000
TO LICENSEE: Dish Wireless
5701 South Santa Fe Boulevard
Littleton, CO 80120
Attention: Lease Administration
All notices, demands or other correspondence in connection with this Master License or
any Schedule will be deemed to have been delivered: (a) two days after deposit if
delivered by U.S. certified mail; (b) the date delivery is made by personal delivery or
overnight delivery; or (c) the date an attempt to make delivery fails if a party changes its
address without proper notice or refuses to accept delivery after an attempt. Any copies
required to be given constitute an administrative step for the parties’ convenience and not
actual notice. The parties may change the notice addresses above from time-to-time
through written notice to the addresses above or the then-current notice address.
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22. MISCELLANEOUS PROVISIONS
22.1. Interpretation; Construction
The parties agree as follows:
(1) The recitals set forth in this Master License are true and correct.
(2) The section captions in this Master License and the table of contents have
been included for the parties’ convenience and reference and neither the
captions nor the table of contents in no way define or limit the scope or
intent of any provision in this Master License or any Schedule.
(3) This Master License has been jointly negotiated and, although formulated
at the outset by counsel for the City, the Master License has been reviewed
by counsel for Licensee, and each such counsel has participated in the
preparation of the final Master License. The language used in this Master
License shall be construed as a whole according to its fair meaning and not
strictly for or against any party, and it is agreed that no provision hereof shall
be construed against any party hereto by virtue of the activities of that party
or such party’s attorneys.
(4) Inclusive terms and/or phrases, which includes without limitation the terms
and/or phrases “including,” “such as” or similar words or phrases that follow
any general or specific term, phrase, statement or matter may not be
construed to limit the term, phrase, statement or matter to the stated terms,
statements or matters, or the listed items that follow the inclusive term or
phrase, whether any non-limitation language or disclaimers, such as
“including, but not limited to” and/or “including without limitation” are used
or not. Rather, the stated term, phrase, statement or matter will be
interpreted to refer to all other items or matters that could reasonably fall
within such term, phrase, statement or matter given its broadest
interpretation.
(5) References in this Master License or any Schedule to “days” mean calendar
days, unless specifically provided otherwise. A “business day” means a day
other than a Saturday, Sunday or a bank or City holiday. If the last day in
any period to give notice, reply to a notice or to undertake any other action
occurs on a day that is not a business day, then the last day for giving notice,
replying to the notice or undertaking any other action will be the next
business day.
(6) Unless expressly provided otherwise, references in this Master License or
any Schedule to codified statutes and regulations will be interpreted to refer
to such statutes and regulations as the same may be duly amended,
recodified or superseded.
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(7) Whenever required by the context, the singular includes the plural and vice
versa; the masculine gender includes the feminine or neuter genders and
vice versa; and defined terms encompass all their correlated forms (e.g.,
the definition for “indemnify” applies to “indemnity,” “indemnification,” etc.).
22.2. Unenforceability; Severability
If a court of competent jurisdiction over this Master License or any Schedule holds any
provision in this Master License or any Schedule to be invalid or unenforceable with
respect to either the City or Licensee, or any third parties to whom this Master License or
any Schedule may become applicable or enforceable: (1) such provision or its application
to such person, entity, or circumstance will be deemed severed from this Master License
or such Schedule; (2) all other provisions in this Master License and each Schedule and
their application to any person, entity or circumstance will not be affected; and (3) all other
provisions in this Master License and each Schedule and their application to any person,
entity, or circumstance will be valid and enforceable to the fullest extent permitted by Law,
except to the extent that such enforcement would (a) be manifestly unreasonable or
manifestly inequitable under all the circumstances or (b) undermine one or both parties’
fundamental purpose in entering this Master License or any Schedule.
22.3. Time for Performance; Force Majeure
Time is of the essence of this Master License and each Schedule. Notwithstanding
anything in this Master License or any Schedule to the contrary, the time for performance
for any term, provision, covenant, or obligation under this Master License or any Schedule
will be deemed extended to account for any time lost due to delays that arise from strikes,
civil riots, floods, labor, or material shortages or restrictions, governmental intervention,
or any other cause not within the control of the party whose performance is due.
22.4. Integration; Entire Agreement
This Master License contains the entire agreement and understanding between the
parties as to the subject matter concerned in this Master License, and this Master License
supersedes all prior or contemporaneous agreements, commitments, conditions,
discussions, instruments, offers, promises and/or proposals between or among the City
and Licensee in connection with any License Area, whether oral or written.
22.5. Successors and Assigns
The parties intend and agree that this Master License will extend to and bind the parties’
respective heirs, personal representatives, successors and assigns.
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22.6. Amendments and Modifications
All amendments or modifications to this Master License, if any, must be in a written and
fully executed agreement signed by both parties.
22.7. Waivers
No failure by either the City or Licensee to insist that the other strictly perform any
obligation, term, covenant or condition under this Master License or to exercise any rights,
powers or remedies in connection with the other party’s failure to strictly perform such
obligation, term, covenant or condition no matter how long the failure to insist on such
performance or exercise such rights, powers or remedies, will be deemed to waive any
default for non-performance. No behaviors, patterns or customs that may arise between
the parties with respect to their performance required under this Master License will be
deemed to waive any rights, powers or remedies the parties’ may have to insist on strict
performance. Any express waiver by either the City or Licensee in connection with any
default or obligation to perform any provision, term, covenant or condition under this
Master License will: (1) be limited to the specific default or performance for which the
express waiver is granted; (2) not be deemed to be a continuing waiver; and (3) not affect
any other default or performance no matter how similar or contemporaneous such other
default or performance may be. The City’s or Licensee’s consent given in any specific
instance in connection with or pursuant to this Master License will not relieve the City or
Licensee from the obligation to secure the other’s consent in any other or future specific
instances, no matter how similar or contemporaneous the request for consent may be.
22.8. Governing Law; Venue; Attorneys’ Fees
This Master License shall be governed and construed in accordance with the laws of the
State of California and the City Charter without regard to conflicts of laws principles. Sole
and exclusive venue for any action or claim between the parties that arises from or in
connection with this Master License will reside exclusively in the Superior Court of the
County of San Diego (the “Court”). All parties to this Master License agree to be subject
to the Court’s jurisdiction and waive all claims whatsoever that would defeat the Court’s
jurisdiction to hear and adjudicate any action or claim between the parties that arises from
or in connection with this Master License. The prevailing party in any final or non-
appealable decision on the merits that arises from or in connection with this Master
License may be entitled to its reasonable attorneys’ fees and costs, which includes
without limitation reasonable witness, expert, and consultant fees, at the Court’s sole
discretion. With respect to any provision in this Master License that provides for payment
of attorneys’ fees, such fees will be deemed to include reasonable fees incurred through
any applicable appeal process and will include, but not be limited to, fees attributable to
legal services provided by any in-house counsel and staff to the prevailing or indemnified
party. For purposes in this Master License, all services rendered by all attorneys and their
staff will be valued at the average rates for independent counsel prevailing in the County
of San Diego, California.
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22.9. Government Claims Act
Any claim for money damages by Licensee against the City hereunder will be subject to
California Government Code §§ 910 et seq. (the “Government Claims Act”). The claims
presentation provisions in the Government Claims Act are hereby modified such that all
claims to be presented to the City will be irrevocably waived if not made within six (6)
months after Licensee discovers the facts that either give rise to the claim or would prompt
an investigation that, with reasonable diligence, would lead Licensee to facts that would
give rise to the claim. Neither the City nor its council members, commissioners, elected
or appointed officers or officials, administrators, directors, managers, employees,
attorneys, Agents, or volunteers will be personally liable to Licensee in the event of any
default or breach of the City, or for any amount which may become due to Licensee or
any successor in interest, or for any obligations directly or indirectly incurred under this
Master License.
Additionally, no suit or arbitration shall be brought arising out of this Master License
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, Licensee shall meet and confer in good
faith with City for the purpose of resolving any dispute over the terms of this Master
License.
22.10 False Claims Act
Licensee agrees that any License claim submitted to the City must be asserted as part of
the License process as set forth in this Master License and not in anticipation of litigation
or in conjunction with litigation. Licensee acknowledges that if a false claim is submitted
to the City by Licensee, it may be considered fraud and Licensee may be subject to
criminal prosecution. Licensee acknowledges that the False Claims Act, California
Government Code §§ 12650 et seq., applies to this Master License and provides for civil
penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information or
in reckless disregard of the truth or falsity of information. If the City seeks to recover
penalties pursuant to the False Claims Act, it is entitled to seek to recover its litigation
costs, including attorney’s fees. Licensee acknowledges that the filing of a false claim
may subject Licensee to an administrative debarment proceeding as the result of which
Licensee may be prevented to bid on any public work or improvement for a period of up
to five (5) years.
22.11. Public Records Act Disclosure
Licensee acknowledges that the City is a public entity under the laws of the State of
California. Furthermore, the parties acknowledge that this Master License and each
Schedule constitutes a public record that the City must publicly disclose under (1) the
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California Public Records Act, California Government Code §§ 6250 et seq.; (2) Title 17,
California Code of Regulations §§ 91000 et seq.; (3) Article I, § 3, of the California State
Constitution; and (4) any other applicable Law that may require the City to disclose public
records.
22.12. Estoppels
The City or Licensee, at any time and from time-to-time, on not less than 30 days’ notice
from the other party, shall execute, acknowledge and deliver to the City or its designee,
an estoppel certificate which states: (1) if the City is the requesting party, that Licensee
has accepted a License Area (or, if Licensee has not done so, that Licensee has not
accepted all or any part of a License Area and specifying the applicable portions of the
License Area and reasons for non-acceptance); (2) the Commencement Date, Effective
Date and expiration date for this Master License; (3) that this Master License is
unmodified and in full force and effect or, if modified, the manner in which this Master
License is modified; (4) whether any defenses then exist against the enforcement of any
obligations under this Master License (and if so, specifying the same); (5) whether any
obligations under this Master License are outstanding (and if so, identifying any
obligations that such party believes that the other party has failed to meet); (6) the dates,
if any, to which the License Fees have been paid; (7) if the City is the requesting party,
the number and identity of all sublicensees, if any, on the License Area, and the dates on
which such sublicensees commenced and terminated their use or occupancy on the
License Area; and (8) any other factual information that may be reasonably required by
any such persons.
22.13. Brokers
The parties represent to each other that neither has had any contact, dealings, or
communications with any Broker in connection with this Master License, whose
commission, if any, would be paid pursuant to a separate written agreement between
such Broker and such party with which such Broker contracted. If any Broker perfects a
claim for a commission or finder’s fee based upon any such contact, dealings or
communication, Licensee shall indemnify the City from all Claims brought by the Broker.
The representations and indemnification obligations in this Section 22.13 will survive
expiration or earlier termination of this Master License.
22.14. No Third-Party Beneficiaries
This Master License is not intended to (and shall not be construed to) give any third party,
which includes without limitation any authorized sublicensee, Licensee’s customers or
any other third-party beneficiaries, any right, title, or interest in this Master License or the
real or personal property(ies) that may be affected by this Master License.
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22.15. Bankruptcy
If Licensee becomes a debtor in any voluntary or involuntary bankruptcy proceeding
under the Bankruptcy Code, the City and Licensee expressly intend, acknowledge, and
agree that this Master License will be treated as either an unexpired commercial lease or
an executory contract for all purposes in connection with Bankruptcy Code § 365 and
subject to the provisions of Bankruptcy Code §§ 365(d)(3) and 365(d)(4) as those
provisions may be amended or superseded in the future. Any person or entity to which
this Master License is assigned pursuant to the Bankruptcy Code will be deemed without
any further act to have assumed all Licensee’s obligations under this Master License
which arose before or may arise after such assignment, and any such assignee shall
execute and deliver to the City a written instrument that confirms such assumption
promptly upon a written demand from the City. Any monies or other consideration payable
or otherwise to be delivered in connection with such assignment will be promptly paid to
the City, will be the City’s exclusive property and will not constitute Licensee’s or its
estate’s property for the purposes under the Bankruptcy Code. Any such monies or other
consideration not paid to the City will be held in trust for the City’s benefit and paid to the
City as soon as possible.
22.16. Survival
All terms, provisions, covenants, conditions and obligations in this Master License and
each Schedule will survive this Master License’s and each Schedule’s expiration or
termination when, by their sense or context, such provisions, covenants, conditions, or
obligations: (1) cannot be observed or performed until this Master License’s or the
Schedule’s expiration or earlier termination; (2) expressly so survive; or (3) reasonably
should survive this Master License’s or the Schedule’s expiration or earlier termination.
Notwithstanding any other provision in this Master License or any Schedule, the parties’
rights to enforce any and all indemnities, representations, and warranties given or made
to the other party under this Master License or any Schedule or any provision in this
Master License or any Schedule will not be affected by this Master License’s or any
Schedule’s expiration or termination.
22.17. Submission for Inspection; No Offer
Prior to the Effective Date, the parties may submit this Master License to each other for
inspection and examination purposes and such submission will not constitute an offer to
license the License Area. This Master License will become effective only upon full
execution by both the City and Licensee.
22.18. Execution; Counterparts
The parties warrant and represent to each other that the person who executes this Master
License on their behalf has the full power and authority to enter this Master License, and
that any approvals or authorizations necessary to enter this Master License have been
obtained. This Master License may be executed simultaneously or in one or more
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counterparts. If the parties elect to execute this Master License in one or more
counterparts, Licensee shall execute first, the City shall execute second, each executed
counterpart will be deemed to be an original, but all counterparts taken together will
constitute one and the same agreement.
[END OF LICENSE – SIGNATURES BEGIN ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed this Master License on the Effective
Date:
CITY LICENSEE
City of Chula Vista, a California
municipal corporation and charter city
Dish Wireless,
a Limited Liability Company,
By: _____________________________ By: _____________________________
Maria V. Kachadoorian, City Manager Dave Mayor, Executive Vice President
Its: _____________________________ Its: _____________________________
Date: ___________________________ Date: ____________________________
APPROVED AS TO FORM
By: _____________________________
Glen R. Googins
City Attorney
Date: ___________________________
[END OF SIGNATURES – EXHIBITS BEGIN ON NEXT PAGE]
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EXHIBIT A
SAMPLE SCHEDULE OF PREMISES
Schedule of Premises
Each Licensed Area must be described in a Schedule of Premises (Schedule) in substantially the
format outlined below and made part of this Exhibit A.
Schedule: INSERT
Site No: INSERT
Schedule Commencement Date: INSERT
Location: INSERT
APN: INSERT
Description of Installation (Attach Site Plan): ATTACH AND INSERT IN SUBSTANTIAL FOR AS
EXHIBIT C
Building Permit No: INSERT
Conditions of Approval: INSERT
Note: Violations of the above conditions, or any term or conditions of the Master License or this
Schedule, may result in the termination of this Schedule and any right to use the Licensed
Area.
Other: INSERT
In addition, except in the event of an emergency, all work shall be scheduled in advance and
coordinated with parks operations personnel, onsite recreational staff, City Engineer and Public Works
Staff or other City staff as appropriate prior to commencement of the work to minimize the potential
for conflicts with recreation and other City programs occurring on the site. The applicant agrees that
the site will not be activated until the City has signed off on final construction.
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Limitations:
• No more than 2 carriers are permitted to use, maintain, or operate Equipment on
the Licensed Area
• Licensee must comply with Chula Vista Municipal Code
CITY LICENSEE
City of Chula Vista, a California
municipal corporation and charter city
Dish Wireless,
a Colorado Limitated Liability Company,
By: _____________________________ By: _____________________________
Maria V. Kachadoorian Dave Mayo
Its: _____________________________ Its: _____________________________
Date: ___________________________ Date: ____________________________
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EXHIBIT C
SAMPLE APPROVED PLANS FOR EQUIPMENT AND OTHER IMPROVEMENTS TO
BE INCLUDED WITH AND ATTACHED TO SCHEDULE OF PREMISES
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EXHIBIT D
LICENSEE’S INSURANCE OBLIGATIONS
Insurance. Licensee, at its sole cost and expense, shall maintain in full force and
effect at all times during the Term of this License (including the period between the
expiration hereof and Licensee’s removal of the Licensee Improvements or other
equipment from the Premises or appurtenant property),
I. Comprehensive General Liability or Commercial General Liability insurance
covering bodily injury (including death), personal injury and property damage. Limits
shall be in an amount of not less than one million dollars ($1,000,000) per occurrence,
and two million dollars ($2,000,000) aggregate if applicable. Such insurance shall name
the City, its officers, agents and employees, individually and collectively, as additional
insureds with respect to any covered liability arising out of Licensee's performance of
work under this License. Throughout the Term of this License, Licensee, at its sole cost
and expense, shall also maintain in full force and effect, insurance coverage for bodily
injury (including death), and property damage which provides total limits of not less than
one million dollars ($1,000,000) combined single limit per occurrence applicable to all
owned, non-owned and hired vehicles/aircraft/watercraft. Additionally, Licensee shall
maintain not less than fifty thousand dollars ($50,000) Fire Legal Liability on all real
property being licensed, including improvements and betterments owned by City.
Licensee shall also provide fire insurance on all personal property contained within or
on the Licensed Premises. The policy shall be written on a standard "all risk" contract,
excluding earthquake and flood. The contract shall insure for not less than (90) percent
of the actual cash value of the personal property. Coverage shall be provided in
accordance with the limits specified and the Provisions indicated herein. Claims-made
policies are not acceptable. When an umbrella or excess coverage is in effect, coverage
shall be provided in following form. Such insurance shall provide thirty (30) days’
advance written notice of cancellation for any reason other than on-payment of premium
in which a ten (10) days’ notice of cancellation shall apply. Licensee shall be
responsible for notifying the City of such change or cancellation.
Filing of Certificates and Endorsements. Prior to the commencement of any work
pursuant to this License, Licensee shall file with the City the required original
certificate(s) of insurance with endorsements, subject to the City's prior approval, which
shall clearly state all of the following:
a. Provide on a form approved by the City's Risk Manager, an original
plus one (l) copy of a Certificate of Insurance certifying that coverage
as required has been obtained and remains in force for the period
required by the License.
b. All policies shall contain a special provision for thirty (30) days prior
written notice of any cancellation, except for non-payment of premium
in which a ten (10) days’ notice shall apply, to be sent to the City's Risk
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Manager, 276 Fourth Avenue, Chula Vista, CA 91910, or to the
address shown on the Certificate of Insurance; and
c. That Licensee's insurance is primary as respects any other valid or
collectible insurance that the City may possess, including any self-
insured retentions the City may have; and any other insurance the City
does possess shall be considered excess insurance only and shall not
be required to contribute with this insurance.
d. City is an additional insured. The certificate(s) of insurance with
endorsements and notices shall be mailed to the City as the address
specified in 4.4.1.b. above.
ll. Workers' Compensation Insurance. Throughout the Term of this License,
Licensee, at its sole cost and expense, shall maintain in full force and effect, insurance
coverage for:
a. Statutory California Workers' Compensation coverage including a
broad form all-states endorsement.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence for all employees engaged in services or
operations under this License.
III. Automobile Liability Insurance. ISO Form Number CA 00 01 covering any auto
(Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos
(Code 9), with limit no less than $1,000,000 per accident for bodily injury and property
damage.
Insurer Criteria. Any bond or insurance provider of Licensee shall be admitted and
authorized to do business in California and shall be rated at least AV in A.M. Best &
Company’s Insurance Guide. Insurance policies and certificates issued by non-
admitted insurance companies are not acceptable.
Severability of Interest. Prior to the execution of this License, "Additional insured",
"Cross liability," "severability of interest," or "separation of insured"
endorsements/clauses shall be made a part of the commercial general liability and
commercial automobile liability policies.
Contractors' and Subcontractors' Insurance. Licensee shall require that all
contractors and subcontractors obtain insurance meeting the limits set forth herein and
shall furnish to the City copies of all certificates evidencing such policies of insurance
upon request.
Insurance and Indemnification Obligation. Licensee's compliance with the insurance
requirements herein shall not excuse, replace, or otherwise affect Licensee's duty to
indemnify and defend the City pursuant to 4.4 of this License.
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Waiver of Recovery. Except as may be specifically provided for elsewhere in this
License, City and Licensee hereby each mutually waive and all rights of recovery from
the other in event of damage to the premises or property of either caused by acts of
God, perils of fire, lightning, and extended coverage perils as defined in insurance
policies and forms approved for use in the State of California. Each party shall obtain
any special endorsements, if required by their insurer, to evidence compliance with the
wavier.
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v . 0 03 P a g e | 1
February 21, 2023
ITEM TITLE
Ratification of Appointment: City Manager’s Appointment of the Assistant City Manager – Tiffany Allen
Report Number: 23-0053
Location: No specific geographic location
Department: Human Resources
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 ratifying the City Manager’s appointment of Tiffany Allen as Assistant City Manager.
SUMMARY
Deputy City Manager Kelly Broughton recently retired from the City in December 2022 and had underfilled
an Assistant City Manager position. The City Manager has selected current Deputy City Manager Tiffany Allen
to fill the position of Assistant City Manager.
This item seeks to approve the appointment of Tiffany Allen to the position of Assistant City Manager
effective February 24, 2023.
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
Not applicable.
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P a g e | 2
DISCUSSION
The Fiscal Year 2023 Adopted Budget for the Administration Department (City Manager’s Office) provides
for one full-time equivalent (1.0 FTE) Assistant City Manager position and two full-time equivalent (2.0 FTE)
Deputy City Manager positions. Deputy City Manager Kelly Broughton recently retired from the City in
December 2022 and had underfilled the Assistant City Manager position. The City Manager has since selected
Deputy City Manager Tiffany Allen to fill the position of Assistant City Manager. The City of Chula Vista’s
Charter Section 500(C) grants the City Manager the authority to appoint department heads subject to the
approval of the City Council.
Ms. Allen, one of two Deputy City Managers, has been with the City of Chula Vista for over twenty years and
brings a wide breadth and depth of leadership experience that will complement the current City management
team and continue to move the many City projects forward.
Her accomplishments, duties and responsibilities are impressive and can be reviewed in the attached
resume.
City Council adoption of the resolution will ratify the City Manager’s appointment.
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 section 18704.2(a)(1), is not
applicable to this decision. 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
There is no fiscal impact from this action as the position is in the City adopted budget.
ONGOING FISCAL IMPACT
There is no fiscal impact from this action as the position is in the City adopted budget.
ATTACHMENTS
1. Resume
Staff Contact: Courtney Chase, Director of Human Resources/Risk Management
Page 83 of 510
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February 21, 2023 Post Agenda
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING THE CITY MANAGER’S
APPOINTMENT OF ASSISTANT CITY MANAGER –
TIFFANY ALLEN
WHEREAS, the City of Chula Vista’s Charter Section 500(C) grants the City Manager
the authority to appoint department heads subject to the approval of the City Council; and
WHEREAS, the City Manager has selected Tiffany Allen to fill the position of Assistant
City Manager effective February 24, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it ratifies the City Manager’s appointment of Tiffany Allen to Assistant City Manager
effective February 24, 2023.
Presented by Approved as to form by
Courtney Chase Glen R. Googins
Director of Human Resources/Risk Management City Attorney
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TIFFANY ALLEN
SKILLS PROFILE
Management of complex projects and programs
Negotiation and consensus building
Presentation of technical information to elected officials and the community
Policy development and deployment
Supervision and management of technical and administrative personnel
Budgetary and fiscal analysis
Operating and capital project budget development and management
Systems analysis and design
Fee design and administration
Productivity and performance analysis
EMPLOYMENT HISTORY
Deputy City Manager 5/2022 - Current
City of Chula Vista – City Manager’s Office, Chula Vista, CA
Oversee operation of City’s Development Services, Engineering & Capital Projects, Housing &
Homeless Services, Finance and Human Resources Departments
Lead efforts related to development of the Chula Vista Bayfront, elimination of toll-only operations
of the SR-125, short-term rental regulations, and commercial cannabis
Member of dynamic and successful City of Chula Vista Executive Management Team
ADA Coordinator
Director 7/2020 – 5/2022
Assistant Director 10/2015 – 7/2020
City of Chula Vista – Development Services Department, Chula Vista, CA
Staff lead in development of the $1.3B Gaylord Pacific Resort Hotel and Convention Center,
including negotiating business terms, structuring public financing and overseeing permitting
process
Developed City’s first Short-Term Rental regulatory ordinance, garnering significant industry
support
Established new Facilities Financing workgroup, consolidating Citywide special tax district
formation and development impact fee activities, improving functional accuracy and efficiency
Oversee operations and administration of Development Services Department, including Front
Counter Operations, Advance Planning, Current Planning, Land Development, Landscape
Architecture, Building, Code Enforcement, Facilities Financing, and Housing functions ($17M annual
operating budget, 85 employees)
Negotiate with developers to ensure appropriate balancing of public and private interests
Act as subject matter expert for all City departments on impact, user, and regulatory fees
Liaison to Planning Commission
ADA Coordinator
Lead departmental management team, developing, setting and implementing policies and
procedures
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Page 2
Treasury Manager 6/2011 – 10/2015
City of Chula Vista – Finance Department, Chula Vista, CA
Spearheaded procurement and implementation of online sewer payment system, improving
customer experience and increasing staff efficiencies
Directed upgrade of business license administration software, increasing compliance and revenue
collection through automation of approval and renewal processes
Successfully negotiated new Municipal Services Agreement with Port of San Diego for provision of
public safety services, ensuring cost recovery for the City
Led multi-departmental team updating City's Master Fee Schedule, including all user and regulatory
fees
Responsible for all banking and merchant services relationships
Oversaw City's accounts-receivable function, including public counter services
Administered City's Business License program and in-house sewer billing function
Administered City's downtown parking district and oversaw collection of citywide parking citation
revenues
Member of management team, developing, setting and implementing departmental policies
Fiscal and Management Analyst 6/2007 – 6/2011
City of Chula Vista – Finance Department, Chula Vista, CA
Prepared comprehensive update of $350M public facility impact fee program including first audit of
program expenditures from inception
Automated and standardized preparation of City’s annual budget document
Developed system used by executive managers and elected officials to identify, prioritize and
implement budget reductions totaling $25M
Administered development impact fee programs including annual budgets up to $20M
Provided budget and management support to multiple City departments with annual budgets
ranging from $1M to $30M
Oversaw and coordinated budget work of high-level analysts in multiple City departments
Worked with multiple departments to develop, implement, and report performance measures
Reviewed and drafted fiscal impact analyses for elected officials in consideration of formal action
Reviewed and assisted in preparation of various master planning documents
Senior Management Analyst 10/2004 – 6/2007
City of Chula Vista – Engineering Department, Chula Vista, CA
Prepared comprehensive update of $250M Transportation Development Impact Fee program
Created, advertised and awarded consolidated special district administration services contract,
eliminating inefficiencies and omissions of previous consultant scheme
Supervised, managed, and coordinated all departmental staff functions related to budget
development, control, and fiscal accounting; including management and fiscal oversight of special
revenue funds, special tax districts, impact fees, development processing fees, and capital project
funds
Assisted Director of Engineering in development of administrative plans, policies and programs
Oversaw department’s $7M annual operating budget
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Page 3
Administrative Analyst II
City of Chula Vista – General Services Department, Chula Vista, CA 2/2004 – 9/2004
Developed automated developer impact fee credit tracking system, including automation of
quarterly statements
Redesigned capital improvement project staff time reimbursement process, reducing errors and
increasing efficiency
Assisted various City departments in capital improvement project budgeting and capital project
fund management
City of Chula Vista – Engineering Department, Chula Vista, CA 4/2003 – 1/2004
Audited park acquisition & development fee fund, creating revenue, expenditure, and obligation
tracking system
Designed and implemented developer deposit account invoicing system, reducing delinquencies by
approximately $750,000
Administered Special Tax Districts, from formation through annual budget and tax roll levy process
to delinquency monitoring
Provided analysis and recommendations for development processing fee and development impact
fee updates
Development Services Technician 1/2002 – 4/2003
City of Chula Vista – Engineering Department, Chula Vista, CA
Designed multiple systems to streamline front counter activities, including records management
and permit tracking
Created new developer deposit account management system, including identification of account
holders and associated permit activity
Provided research assistance and technical Engineering permit information to the public and City
staff, with an emphasis on customer service
Issued administrative Engineering permits
EDUCATION
University of Oregon, Eugene, Oregon
Bachelor of Science – Political Science
Walden University, Minneapolis, Minnesota
Master of Public Administration
Page 87 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
From: Delia Dominguez Cervantes <
Sent: Tuesday, February 21, 2023 11:10 AM
To: John McCann <jmccann@chulavistaca.gov>; Carolina Chavez <cchavez@chulavistaca.gov>; Jose
Preciado <jpreciado@chulavistaca.gov>; Alonso Gonzalez <agonzalez@chulavistaca.gov>; Andrea
Cardenas <acardenas@chulavistaca.gov>
Cc: Kerry Bigelow <KBigelow@chulavistaca.gov>
Subject: Future City Council Vacancies
Warning: External Email
Good Morning Mayor and City Council,
As most certainly you know, the appointment process of District #3 started without community
support. It only got worst. Please be prudent and prevent future community vs. city council
contentious meetings.
This is not the first time an appointment process has had such negative attention. Nothing was done
to prevent its repeat in the future; so here we are. No more appointments. Allow the people their
right to vote. No more voter suppression.
Put it on the Agenda. Prevent it from reoccurring in the future. Assign to a Board/Commission to
address and identify a process allowing the community to elect their representative.
Respectfully,
Delia Dominguez Cervantes
Public Comments - Received 2/21/2023
Dominguez Cervantes
Page 88 of 510
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February 21, 2023 Post Agenda
CHULA VISTA, CA 91910
Honorable Mayor & City Council February 23, 2023
I am here to give an update regarding the implementation
of Ordinance Number 3527 of the Chula Vista Municipal Code,
commonly known as the Tenant Protection Act). I have
attended two of the city's workshops. Along with about twenty
attorneys and representatives of large property owners, I was the
only "Mom & Pop" Landlord present. I mostly sat back and
listened to the concerns of those present.
I would like to give a big "shout out" to City Staffer Stacey
Kurtz who, along with her associates are doing their absolute
best to create the necessary Administration Regulations needed
to enforce this hastily drawn and, in my opinion, poorly worded
act.
One major item of discussion of those present was the
concern that their clients would be liable for $5,000.00 daily
fines for inadvertent errors when attempting to comply with
Ordinance's notification process. Staff attempted to cahn
everybody's fears by presenting two points;
1) Despite instructions form the City Council, the courts
would probably never allow $5,000.00 fines for
inadvertent errors.
Rage 1 of 10
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2) Present staff is going to initially ignore the clause within
the Ordinance which prohibits "The Right To Cure"
for offenders who make inadvertent errors.
I have talked to numerous City Staff Members. Staffers
insist that it is not their intention to dispense fines for mistakes.
However, considering substantial fines can be levied for simple
paperwork errors, prudent Landlords will not rely on the "Hope"
they will not face fines. A prudent Landlord must be prepared
by raising rents.
On a Personal note: One staff member and an attorney
took me aside suggesting I seek legal advice. They pointed out
a loop hole in the law which any competent legal council might
find a way to exempt my wife and I from this Ordinance all
together. I thanked the attorney but didn't have the opportunity
to inform him it was never about us. Mary and I are hoping to
prevent the inevitable rent increase and homeless problems
created by the present wording of this ordinance.
Honorable Mayor & City Council, may I suggest we avoid
future court challenges and staff's insurmountable difficulties
creating the necessary Administration Regulations by simply
correcting the poorly worded clauses within Ordinance Number
3 527 of the Chula Vista Municipal Code.
On many occasions, I have attempted to bring to your
attention the clauses within the ordinance which create the
greatest harm to the tenants of our community. Listed below are
the most egregious clauses.
Page 2 of 10
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February 21, 2023 Post Agenda
Clause 9.65.060E States if a tenant terminates them lease and
moves away; "Owners and Tenants shall provide Qy with
information regarding termination of Tenancies at such
times) and with such details as shall be required by city in the
attendant Administration Regulations. "
Although no one attending the workshops completely
understood what action Landlords and Tenants were to
undertake in order to comply with Clause 9.65.060E, the harm
caused becomes mute with the suggested amendment to the
above Cause 9.65.08002.
Another Discrepancy in The Ordinance:
The definition of the tenni "Substantial emodei' is deeply
flawed by subjecting landlords to $5,000.00 daily fines.
Additionally, if the City Attorney considers the remodel to be an
interference with a Tenant's peaceful enjoyment'' of the rental
as stated in Clause 9.65.080C4b), Landlord is subject to six
months imprisonment if the proposed improvement of the
property does not adhere evea point of the definition below.
Substantial Remodel means improvements to a Residential
Rental Unit meeting all of the following criteria:
1. Any structural, electrical, plumbing or mechanical system is
being replaced or substantially
2. The cost of the improvements (excluding insurance proceeds,
land costs, and architectural/engineering fees) is equal to or
Page 4 of 10
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City of Chula Vista City Council
February 21, 2023 Post Agenda
greater than $ 40 per square foot of the Residential Rental
Unit; and
3. A permit is required from a governmental agency, or the
abatement of hazardous materials, including lead-based paint,
mold, or asbestos is required in accordance with applicable
federal, State, County, or City laws and cannot be reasonably
accomplished in a safe manner with theTenant in place; and
4. It is necessary for the Residential Rental Unit to be vacant
for more than sixty( f0) days in
Cosmetic improvements alone, including, but not limited to,
painting, decorating, flooring replacement, counter
replacement, and minor repairs, or other work that can be
performed safely without having the Residential Rental Unit
vacated, do not constitute a Substantial Remodel.
The Italic text above should be simply replaced with "Any
improvement which cannot be safely completed without tenant
vacating the premises. "
Another "Problem" with the present wording of
Substantial Remodel" is that Landlords knowledgable of this
cruse are, in many cases, prohibited from improving antiquated
and rundown properties.
Mary & I have recently substantially remodeled three
condominiums in Chula Vista. We transformed these 1960's
outdated units into beautiful modern homes. I am proud to say,
upon completion, the units were rented at $600.00 below
identical units in the same complex. If this ordinance had
passed before we completed these projects, we would have been
Page 5of10
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City of Chula Vista City Council
February 21, 2023 Post Agenda
prohibited by law from improving these properties because the
work we performed did not comply with the definition of
Substantial Remodel'".
Many properties on the West Side of Chula Vista are old
and in much need of repairs. Discouraging property
improvements in this area of our city not only degrades our
community but also encourages the establishment of slums.
What our previous City Council failed to realize is that
many of our rental neighbors are barely hanging on financially.
Those who passed this law did not take into account...
The average monthly Chula Vista rent now tops X$3,047.00
X U.S. Dept of Housing & Urban Development April 2022)...
42%" Percentage of CV housing units are rentals. ('Data
compiled by City Staff) ...
Of these households 46% pay more than 50% of their income
towards housing costs. ('Data compiled by City Staff).
I am a 12 year CAST (Community Assistance Support
Team) Volunteer attached to the Chula Vista Fire Department.
CAST members, who are on call 24 hours a day seven days a
week, are dispatched by the CVPD to assist members of our
community who's loved one has passed away. I have witnessed
first hand how the financial bottom rung of our society lives. I
feel in my gut the implementation of this ordinance, as written,
will absolutely devastate a portion of our community which has
already endured all the hardships society can present.
Page 6 of 10
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City of Chula Vista City Council
February 21, 2023 Post Agenda
Mary & I are very fortunate that staff pointed out we may
be exempted from the effects of this ordinance. This fact should
prove to all present our motives are not selfish. Some of our
tenants have been with us for 10, 20, and even 30 years. We
consider them neighbors and friends.
Our only goal of this and past presentations to The city
Council is to modify Ordinance Number 3527 of the Chula Vista
Municipal Code so that simple paperwork errors by Tenants and
Landlords does not result the the loss of a persons life savings.
I will continue to work with the Chula Vista Housing
Commission, the San Diego Alliance of Californians for
Community Empowerment (A.C.C.E) and any other
organization which would assist in our efforts modify clauses
within this Ordinance which are detrimental to Chula Vista
renters.
I am pleading with you to show compassion for the most
vulnerable of our society by offering and passing the following
motion:
Implementation of ORDINANCE NO. 3527 (The
Residential Landlord and Tenant Ordinance) to be delayed
to give staff sufficient time modify clauses which adversely
affects renters and insert language giving "the right to cure"
to those who are in violation because of an inadvertent
mistake."
Page 7of10
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City of Chula Vista City Council
February 21, 2023 Post Agenda
Maxim average monthly rent increase allowed.. $304.70
3047.00 x 10%. California AB- 5% plus inflation
Max 10%)
9) Average number of months required for Landlord to recoup a
one day fine: 16.41
5000.00 divided by $304.70)
10) Approximate total monthly maximum rent increase levied on
Chula Vista Renters if Landlords are forced to impound funds to
the pay daily fines.. $10,979,255.00
36,033 Rental Units multiplied by $304.70)
11) With rents at an all time high, Credit Card debt at historic
levels, and savings at an all time low, pushing a $10,979,255.00
monthly rent increase on the Chula Vista residents who can least
afford will be devastating. If less than one half of one percent of
Chula Vista renters are "Pushed Over The Edge" and are forced
to live on the streets, almost 600 of our neighbors will be left
homeless. (119, 268 times. 005 equals 594)
Page 9 of 10
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City of Chula Vista City Council
February 21, 2023 Post Agenda
U.S. Department of }lousing and Urban Development SmallAreaFairMarketRent (April 2022)
Efficient
Y
1,£50
1,430
1,4:0
2,1 W
52,3360
2,36-0
925
3
Bedroom Bedroom Bedroor,, Bedroo-
2,040 $2,620 53,640 4,4;a, Exhibit
1.530 52,03052,320 Comparison of Survey Data vs. SAFMR3.-0 --- ---
1,600 52;050 $2,850 $3,440 S4,5W
IAWO522,340 S3.000$4,170 5=. i c0 S30w33,34
52.010 :33 50 3.000
54..650 $5,700 >zsx
2.61; 53.350 54,650
51,000
52,1330 52.733 S3,797 $4,6.3 SSoo
so
1,302 $2,311 S3,210 $3,4,7 '
Page 10 of 10
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City of Chula Vista City Council
February 21, 2023 Post Agenda
From: Margaret Baker <
Sent: Wednesday, February 22, 2023 1:14 PM
To: CityClerk <CityClerk@chulavistaca.gov>
Cc: Patti Huffman <
Subject: Missing eComment for last night's City Council meeting
Warning: External Email
I’m writing on behalf of a friend - Patti Huffman, who is a long-time Chula Vista resident, former
teacher and community volunteer.
She attempted to submit an eComment for last night’s City Council meeting, but her eComment
doesn’t seem to appear under Agenda Item 6: Public Comments.
Here is what she wrote:
Several years ago I worked hard encouraging the city to become a Welcoming City.I have lived in
Chula Vista for 92 years and was so proud that we had done this. Now I hear, with no input from
the residents and in secret, you have not renewed. Please stop using this as though you had
renewed, and tell us why this has happened.”
Can you please add her public comment if you do not see it posted somewhere already?
Thank you.
Margaret Baker
Written Communications - Huffman
Received 2/22/2023
v . 0 03 P a g e | 1
February 21, 2023
ITEM TITLE
Community Facilities District Annexation: Public Hearing and Election for Annexation of Property located
at K Street and Third Avenue, known as Casa Estilo, into CFD 17-I
Report Number: 23-0031
Location: Intersection of K Street and Third Avenue
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
Conduct the public hearing and adopt a resolution certifying the results of a special election relating to the
levy of special taxes within Annexation No. 2023-02 to CFD 17-I.
SUMMARY
In March 2016, the City Council formed Community Facilities District 17-I (“CFD 17-I”), the Western Chula
Vista Development Impact Fee (“DIF”) Financing Program. CFD 17-I was established for the purpose of
financing the payment of certain DIF obligations for multi-family, commercial or industrial properties in
Western Chula Vista (i.e., the area generally located between Interstate 5 and Interstate 805), and the Chula
Vista Auto Park, which is situated to the east of Interstate 805 and to the west of Heritage Road. In March
2016, the City Council also authorized the annexation of territory within the Future Annexation Areas in the
future pursuant to the provisions and authorization of Article 3.5 of the Mello-Roos Community Facilities Act
of 1982 (the “Act”).
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with 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.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Investment in Western Chula Vista presents a financing challenge for potential investors and developers.
Financing challenges derive primarily from the lending industry’s increased requirements imposed upon
infill development projects in Western Chula Vista. To help address the additional burden being placed on
infill development in this area, the City Council formed CFD 17-I, which allows the deferral of DIFs to
incentivize future investment in this area.
The deferral of the DIF payment reduces the additional burden by an amount equal to the DIFs. CFD 17-I
enables the developer to shift the DIF burden from the construction/development cost side of their ledger to
the operating side of the development. CFD 17-I is unique in that it is not used as a mechanism to issue debt,
but rather as a way to finance DIFs over time.
When CFD 17-I was formed in March 2016, only one property was included within CFD 17-I. However, the
City Council authorized the annexation of territory in the “Future Annexation Area” into CFD 17-I at a later
date, if desired. The purpose of forming a Future Annexation Area is that, pursuant to the Act, the City can
expedite proceedings significantly, and can complete the annexation with the unanimous consent of the
property owners within the territory to be annexed.
Such Future Annexation Area includes multi-family, commercial or industrial properties in Western Chula
Vista (i.e., the area generally located between Interstate 5 and Interstate 805), and the Chula Vista Auto Park,
which is situated to the east of Interstate 805 and to west of Heritage Road. Property owners can voluntarily
annex into CFD 17-I through an election process. An owner of a residential, commercial, or industrial
property located within the Future Annexation Area may apply to have such property annexed to CFD 17-I.
Such owner may waive the public hearing otherwise required for annexations and may waive the time limit
for conducting the election to authorize the levy of special taxes within the property proposed to be annexed
into CFD 17-I. Prior to the proposed annexation, five properties have been annexed into CFD 17-I, including:
1. Annexation No. 2017-01: the Urbana Apartments located at 371, 385, and 395 H Street annexed into
CFD 17-I (2017).
2. Annexation No. 2018-01: 62 multi-family residences located at 260-270 Broadway annexed into CFD
17-I (2018).
3. Annexation No. 2018-02: 43 multi-family residences located at 288 Center Street, 336 Church
Avenue, 338 Church Avenue, and 342 Church Avenue annexed into CFD 17-I (2018).
4. Annexation No. 2018-03: 29 multi-family residences located at 230 Church Avenue annexed into
CFD 17-I (2018).
5. Annexation No. 2020-02: 170 multi-family residences located on the north side of Bonita Glen Drive,
just west of its intersection with Vista Drive and south of the La Quinta Inn and the I-805 Freeway
annexed into CFD 17-1 (2020).
Due to its success in inducing investment in western Chula Vista, in 2021 the City Council extended the
program through March 2026. At this meeting, the Council is also considering proposed Annexation No.
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P a g e | 3
2023-01 to CFD 17-I. If Annexation No. 2023-01 is approved, the proposed Annexation No. 2023-02 would
increase cumulative CFD 17-I annexations from six to seven. The project seeking annexation into CFD 17-I
is as follows:
Annexation No. 2023-02
The project, known as Casa Estilo, is located at the intersection of K Street and Third Avenue and consists of
142 multi-family residences. The project occupies Assessor’s Parcel Number 573-371-25-00, which consists
of approximately 1.1 acres. Construction started in February 2021, and the construction schedule is
anticipated to be 24-28 months to final occupancy. The applicant estimates the total project cost to be $20
million.
Annexation Process
The owner of the property, as the qualified elector for the election to authorize the levy of the special tax on
the property proposed to be annexed into CFD 17-I, has waived the public hearing and the time limit for
conducting such an election. Ballot documents were transmitted to the property owners and completed and
returned by the property owner to the City Clerk on or before February 21, 2023. The City Clerk canvassed
the ballot and determined that the property owner had cast the ballot in favor of authorizing the levy of the
special tax on the property proposed for annexation into CFD 17-I. By adoption of the resolution, the City
Council will be determining the results of the election and determining and declaring that such property is
added to and become a part of CFD 17-I.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this
item does not present a disqualifying real property-related financial conflict of interest under California Code
of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code
§87100, et seq.). Staff is not independently aware and has not been informed by any City Council member,
of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There are no current year fiscal impacts to the General Fund or Development Services Fund with this action.
Most DIFs are paid by the applicant at the Certificate of Occupancy stage of development. For this annexation,
Certificate of Occupancy would occur following construction, which, based on applicant estimates, would be
approximately in July 2023. Additionally, all costs of this annexation are borne by the developer and the on-
going administration will be funded entirely by the CFD. The City will recover the full cost of staff time
expended for this annexation and administration activities in perpetuity.
ONGOING FISCAL IMPACT
The Western Chula Vista Financing Program will defer payment of following three DIFs: the Public Facilities
Development Impact Fee (“PFDIF”), the Parkland Acquisition and Development Fee (PAD). This deferral
would be for a period of thirty years incurring two percent interest, per annum, upon receipt of occupancy.
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There would be no obligation to make a payment on the deferment in years 1 through 10. The deferred fees
are required to be repaid in years 11 through 30. If a property is sold or subdivided, the obligation to repay
the fees runs with the land. The non-payment period aligns with standard commercial lending practices. It
is anticipated that some projects will repay the deferred fees in year ten when the project is refinanced.
New developments are assessed DIFs for the incremental impacts resulting from said development. DIFs do
not pay for or resolve the deficiencies of facilities that may exist today. As stated above, all new development
will continue to mitigate for on-site impacts resulting from each respective project.
Should the CFD 17-I program be successful, it is anticipated to generate new development, which would
translate into an increase in assessed valuation generating additional property taxes and have a positive
impact on the neighboring property values, while also helping new residents and employees support the
surrounding businesses located along the retail corridors.
DIFs to be deferred for the proposed annexation is as follows:
Annexation 2023-02
WTDIF Deferral PFDIF Deferral PAD Deferral Total Deferral
-0- $1,627,605.25 $1,442,294 $3,069,899.25
The construction costs for the project represents a $20 million investment in Western Chula Vista.
ATTACHMENTS
1. Rate and Method of Apportionment (RMA)
2. Boundary Map
Staff Contact: Kimberly Elliott, Facilities Financing Manager, Development Services
Laura C. Black, AICP, Director of Development Services
Page 100 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
60297.05005\40905794.3
1
RESOLUTION NO. 2023 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 17-I (WESTERN CHULA VISTA DIF FINANCING
PROGRAM), CERTIFYING THE RESULTS OF A SPECIAL
ELECTION IN THAT TERRITORY DESIGNATED AS
COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN
CHULA VISTA DIF FINANCING PROGRAM), ANNEXATION
NO. 2023-02, AND ADDING SUCH TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN
CHULA VISTA DIF FINANCING PROGRAM)
(Annexation No. 2023-02)
WHEREAS, the City Council of the City of Chula Vista, C alifornia (the “City Council”)
has previously formed Community Facilities District No. 17-I (Western Chula Vista DIF
Financing Program) (“CFD No. 17-I”) pursuant to the Mello-Roos Community Facilities Act of
1982 (the “Act”), as amended, and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5
and 7 of Article XI of the Constitution of the State of California (the “Ordinance”) (the Act and
the Ordinance may be referred to collectively as the “Community Facilities District Law”) for the
purpose of financing the payment of certain development impact fee obligations; and
WHEREAS, acting pursuant to the Community Facilities District Law, the City Council
also authorized by the adoption of Resolution No. 2016-051 (the “Resolution Authorizing Future
Annexation”) the annexation in the future of territory to CFD No. 17-I, such territory designated
as Future Annexation Area, Community Facilities District No. 17-I (the “Future Annexation
Area”); and
WHEREAS, the owner of that property located within western Chula Vista known as “Casa
Estilo” which is approximately 1.05 acres and is within the “Future Annexation Area,” made
application pursuant to the Community Facilities District Law to annex such territory to CFD No.
17-I and such property has been designated as Annexation No. 2023-02 (the “Territory”); and
WHEREAS, at this time the unanimous consent to the annexation of the Territory to CFD
No. 17-I has been received from the property owner of the Territory, and
WHEREAS, less than twelve (12) registered voters have resided within the Territory for
each of the ninety (90) days preceding the election date established for the Territory; therefore,
pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is
defined in Government Code Section 53317(f), of such Territory and such landowner who is the
owner of record as of the applicable election date, or the authorized representative thereof, shall
have one vote for each acre or portion of an acre of the parcel of land that landowner owns within
such Territory; and
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WHEREAS, the time limit specified by the Act for conducting an election to submit the
levy of the special taxes on the Territory to the qualified elector thereof and the requirements for
impartial analysis and ballot arguments have been waived with the unanimous consent of the
qualified elector of the Territory; and
WHEREAS, the City Clerk of the City of Chula Vista has caused a ballot to be distributed
to the qualified elector of the Territory, has received and canvassed such ballot and made a report
to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit A
hereto and incorporated herein by this reference; and
WHEREAS, at this time the measure voted upon and such measure did receive the
favorable vote of the qualified elector of the Territory, and the City Council desires to declare the
results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2023-02
(the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated herein
by this reference, has been submitted to this legislative body.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
California, acting in its capacity as the legislative body of Community Facilities District No. 17-I
(Western Chula Vista DIF Financing Program), that the results of a special election in that territory
designated as Community Facilities District No. 17-I (Western Chula Vista DIF Financing
Program), Annexation No. 2023-02, and adding such territory to Community Facilities District
No. 17-I (Western Chula Vista DIF Financing Program) is hereby certified.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that t he
above recitals are true and correct.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, acting in
its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista
DIF Financing Program), that the legislative body does hereby further determine as follows:
A. The unanimous consent as described in the recitals hereto to the annexation of the
Territory to CFD No. 17-I has been given by the owner of the Territory and such consent shall be
kept on file in the Office of the City Clerk of the City of Chula Vista.
B. Less than twelve (12) registered voters have resided within the Territory for each
of the ninety (90) days preceding the election date established for each of the parcels located within
the Territory; therefore, pursuant to the Act the qualified elector for the Territory shall be the
“landowner” of the Territory as such term is defined in Government Code Section 53317(f).
C. The qualified elector of the Territory has voted in favor of the levy of special taxes
on the Territory upon its annexation to CFD No. 17-I.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, acting in
its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista
DIF Financing Program), that the boundaries and parcels of property within the Territory and on
which special taxes will be levied in order to finance the payment of development impact fees
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which will pay for public facilities are shown on the Annexation Map as submitted to and hereby
approved by this legislative body.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, acting in
its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista
DIF Financing Program), that this legislative body does hereby determine and declare that the
Territory, and each parcel therein, is now added to and becomes a part of CFD No. 17-I. The City
Council, acting as the legislative body of CFD No. 17-I, is hereby empowered to levy the
authorized special tax within the Territory.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, acting in
its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista
DIF Financing Program), that immediately upon adoption of this Resolution, notice shall be given
as follows:
A. A copy of the Annexation Map as approved shall be filed in the Office of the County
Recorder no later than fifteen (15) days after the date of adoption of this Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be
recorded in the Office of the County Recorder no later than fifteen (15) days after the date of
adoption of this Resolution.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that this
Resolution shall become effective upon its adoption.
PRESENTED BY:
APPROVED AS TO FORM BY:
Laura C. Black, AICP
Director of Development Services
Glen R. Googins,
City Attorney
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A - 1
EXHIBIT A
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the
provisions of Section 53326 of the Government Code and Division 12, commencing with Section
17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast
at the
COMMUNITY FACILITIES DISTRICT NO. 17-I
(WESTERN CHULA VISTA DIF FINANCING PROGRAM)
SPECIAL ELECTION
ANNEXATION NO. 2023-02
held on the election date established for each parcel located within the territory included in
Annexation No. 2023-02.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast
in the area proposed to be annexed to Community Facilities District No. 17-I (Western Chula Vista
DIF Financing Program) for or against the Proposition are full, true and correct.
VOTES CAST ON PROPOSITION 1: YES
NO
WITNESS my hand this 21st day of February 2023.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
OF THE STATE OF CALIFORNIA
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EXHIBIT B
ANNEXATION MAP
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RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 17-I
(WESTERN CHULA VISTA DIF FINANCING PROGRAM)
ANNEXATION 2023-02
A Special Tax shall be levied on each Assessor’s Parcel of Taxable Property within the boundaries of
Community Facilities District No. 17-I (Western Chula Vista DIF Financing) of the City of Chula Vista
(the “City”) and collected each FY commencing in Special Tax Commencement FY applicable to
such Assessor’s Parcel, in an amount determined by the CFD Administrator through the application
of the procedures described below. All of the real property within CFD No. 17-I, unless exempted
by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the
manner herein provided.
1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accrued Interest Obligation” means for each Assessor’s Parcel, the amount of interest accrued on
the Deferred DIF Obligation from the date of the issuance or grant of a Certificate of Occupancy for
such property as determined in accordance with Section 3.D below.
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel
Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the
applicable Final Map. An Acre means 43,560 square feet of land.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of
Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Annual Special Tax” means the Special Tax actually levied in any FY on any Assessor’s Parcel
which is equal to the sum of the Annual Special Tax for Facilities and the Annual Special Tax for
Accrued Interest in accordance with Section 3.E below.
“Annual Special Tax for Facilities” means the amount of the Special Tax levied on an Assessor’s
Parcel of Developed Property in any FY, commencing with the Special Tax Commencement FY, to
satisfy the repayment of the Deferred DIF Obligation over the term of the Special Tax as set forth
in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is
prepaid pursuant to the provisions of Section 6 thereto.
“Annual Special Tax for Accrued Interest” means the amount levied on an Assessor’s Parcel
of Developed Property in any FY, commencing with the Special Tax Commencement FY, to satisfy
the repayment of the Accrued Interest Obligation over the term of the Special Tax as set
forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax
Obligation is prepaid pursuant to the provisions of Section 6 thereto.
“Annual Special Tax for Current Interest” means the amount levied on an Assessor’s Parcel of
Developed Property in any FY, commencing with the Special Tax Commencement FY, to satisfy the
requirement to pay interest on unpaid deferred fees during the 20-year repayment period
commencing with the Special Tax Commencement FY and ending on June 30th of the Special Tax
Final Year.
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“Assessor” means the Assessor of the County of San Diego.
“Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
“Assessor's Parcel Map” means an official map of the Assessor designating parcels by Assessor’s
Parcel Number.
“Assessor's Parcel Number” means the number assigned to an Assessor's Parcel by the Assessor
for purposes of identification.
“Assigned Special Tax Obligation” means for each Assessor’s Parcel, the amount determined in
accordance with Section 3.B below.
“Building Permit” means a building permit issued by the City for construction of a Residential Unit
or Non-Residential Property located within CFD No. 17-I.
“Building Square Footage” means all of the square footage of usable area within the perimeter of
a residential structure, not including any carport, walkway, garage, overhang, or similar area. The
determination of Building Square Footage shall be made by reference to the Building Permit(s)
issued for such Assessor’s Parcel and/or by reference to appropriate records kept by the City.
“Certificate of Occupancy” means a certificate issued or approval granted by the City, or other
applicable government entity, that authorizes the actual occupancy of a Residential Unit for
habitation by one or more residents or the occupancy of Non-Residential Property.
“CFD Administrator” means an authorized representative of the City, or designee thereof,
responsible for determining the Assigned Special Tax Obligation and the Annual Special Tax, for
preparing the Annual Special Tax roll and/or calculating the Backup Special Tax.
“CFD No. 17-I” means the City of Chula Vista Community Facilities District No. 17-I (Western Chula
Vista DIF Financing).
“City” means the City of Chula Vista, California.
“Council” means the City Council of the City acting as the legislative body of CFD No. 17-I under
the Act.
“County” means the County of San Diego, California.
“Deferred DIF Obligation” means for each Assessor’s Parcel, the remaining balance of DIFs that
have been deferred on such Assessor’s Parcel since Building Permit issuance as determined in
accordance with Section 3.C below.
“Developed Property” means for each FY, all Taxable Property for which a Building Permit was
issued prior to May 1 of the previous FY. An Assessor’s Parcel classified as Developed Property but
for which the Building Permit that caused such Assessor’s Parcel to be classified as Developed
Property has been cancelled and/or voided prior to the FY for which Special Taxes are being levied
shall be reclassified as Undeveloped Property.
“DIF Deferral Agreement” means, as to an Assessor’s Parcel, the Agreement for Deferral of
Development Impact Fees by and between the owner of such Assessor’s Parcel and the City.
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“DIF” or “DIFs” shall, as to an Assessor’s Parcel, have the meaning given such terms in the DIF
Deferral Agreement applicable to such Assessor’s Parcel.
“Effective Date” shall mean, as to each DIF Deferral Agreement, the effective date of such
agreement as specified therein.
“Exempt Property” means for each FY, all Assessor’s Parcels designated as being exempt from
Special Taxes pursuant to Section 8 below.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates
individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” or “FY” means the period starting on July 1 and ending the following June 30.
“Initial Fiscal Year” means, as to any Assessor’s Parcel subject to a DIF Deferral Agreement, the FY
in which the Effective Date of such DIF Deferral Agreement falls.
“Initial Interest Accrual Date” shall mean, as to any Assessor’s Parcel of Developed Property, the
date on which the Certificate of Occupancy for such Assessor’s Parcel is issued.
“Initial Accrued Interest Obligation FY” shall mean, as to any Assessor’s Parcel of Developed
Property, the FY in which the Initial Interest Accrual Date for such Assessor’s Parcel falls.
“Maximum Special Tax Obligation” means for each Assessor’s Parcel, the amount assigned in
accordance with Sections 3.A below.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a
building permit has been issued for the purpose of constructing one or more non-residential
structures or facilities.
“Original Parcel” means an Assessor’s Parcel within the boundaries of CFD No. 17-I that was
assigned a Maximum Special Tax Obligation and an Assigned Special Tax Obligation in the prior FY
but has been subsequently subdivided into Successor Parcels for the current FY.
“Prepayment Amount” means the amount required to prepay the Annual Special Tax obligation in
full for an Assessor’s Parcel as described in Section 6.A below.
“Public Property” means any property within the boundaries of CFD No. 17-I, which is owned by,
or irrevocably offered for dedication to the federal government, the State of California,
the County, the City or any other public agency; provided however that any property owned
by a
public agency and leased to a private entity and subject to taxation under Section 53340.1 of
the Act shall be taxed and classified in accordance with its use.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a Building
Permit has been issued for the purpose of constructing one or more Residential Units.
“Residential Unit” means each separate residential dwelling unit that comprises an independent
facility capable of conveyance or rental, separate from adjacent residential dwelling units.
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“Special Tax” means any special tax levied within CFD No. 17-I pursuant to the Act and this Rate
and Method of Apportionment of Special Tax.
“Special Tax Commencement FY” shall mean, as to each Assessor’s Parcel classified as Developed
Property, the FY falling after the first day of the eleventh calendar year after the date of the issuance
of the Certificate of Occupancy applicable to such Assessor’s Parcel.
“Special Tax Final FY” shall mean, as to each Assessor’s Parcel of Developed Property, the FY
commencing on July 1 of nineteenth (19th) FY following the Special Tax Commencement FY.
“Special Tax Obligation” means the total obligation of an Assessor’s Parcel of Developed Property
to pay the Special Tax for the remaining term of the Special Tax applicable to such Assessor’s
Parcel.
“Successor Parcel” means an Assessor’s Parcel created by the Subdivision of one or more Original
Parcels pursuant to Section 4 below.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 17-I,
which are not exempt from the levy of the Special Tax pursuant to law or Section 8 below.
“Undeveloped Property” means, for each FY, all Taxable Property not classified as Developed
Property.
2. LAND USE CLASSIFICATION
Each FY, beginning with FY 2016-17, each Assessor’s Parcel within CFD No. 17-I shall be classified as
Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as
Developed Property or Undeveloped Property, and all such Taxable Property shall be subject to the
levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax
determined pursuant to Sections 3 and 4 below.
3. SPECIAL TAX RATES
A. Maximum Special Tax Obligation
The Maximum Special Tax Obligation applicable to an Assessor's Parcel subject to a DIF Deferral
Agreement in the Initial FY applicable to such Assessor’s Parcel shall be determined pursuant
to Table 1 below.
B.
Table 1
Initial FY Maximum Special Tax Obligation
Assessor’s Parcel No.
Maximum
Special Tax Obligation
573-371-25-00 $3,069,899.25
The Maximum Special Tax Obligation applicable to an Assessor’s Parcel subject to a DIF
Deferral Agreement shall be subject to escalation by the increase in any DIF included in the
Deferred DIF Obligation between amount of such DIF in effect on the Effective Date of such DIF
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Deferral Agreement and the amount of such DIF in effect on the date of issuance of the first
Building Permit for development of such Assessor’s Parcel.
Commencing on July 1 of the FY following the Initial Interest Accrual Date, the Maximum Special
Tax Obligation for such Assessor’s Parcel shall increase on July 1 of each FY by an amount equal
to two percent (2%) of the Maximum Special Tax Obligation in effect for the prior FY.
C. Assigned Special Tax Obligation
On July 1 of each FY commencing the Special Tax Commencement FY, the CFD Administrator
shall determine the Assigned Special Tax Obligation for that FY.
The Assigned Special Tax Obligation in any given FY commencing the Special Tax
Commencement FY shall be the sum of the Deferred DIF Obligation plus the Accrued Interest
Obligation. If for any FY the Assigned Special Tax Obligation is determined to be greater than
the Maximum Special Tax Obligation, then the Assigned Special Tax Obligation shall be equal to
the Maximum Special Tax Obligation.
D. Deferred DIF Obligation
The Deferred DIF Obligation applicable to an Assessor’s Parcel classified as Undeveloped
Property shall be zero.
The initial Deferred DIF Obligation applicable to an Assessor's Parcel classified as Developed
Property shall be determined by the CFD Administrator at the time of issuance of a Building
Permit for such Assessor’s Parcel. The Deferred DIF Obligation shall be equal to the sum of the
applicable DIFs specified in the DIF Deferral Agreement for each Building Permit issued for
Assessor’s Parcels within CFD No. 17-I. The amount of each DIF specified in the DIF Deferral
Agreement for an Assessor’s Parcel shall be based on the fee schedule applicable to such DIF in
effect at the time of issuance of such Building Permit.
The Deferred DIF Obligation in any FY applicable to an Assessor’s Parcel of Developed
Property shall be equal to the Deferred DIF Obligation in the prior FY less any Annual Special
Tax for Facilities payments made in the prior FY.
If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will
also be reduced by the applicable amount of the Deferred DIF Obligation that was prepaid.
E. Accrued Interest Obligation
The Accrued Interest Obligation in the Initial FY and each subsequent FY prior to the Initial
Accrued Interest Obligation FY applicable to an Assessor’s Parcel classified as Developed
Property for which a Certificate of Occupancy has not been issued prior to July 1 of such FY shall
be zero.
The Accrued Interest Obligation applicable to any Assessor’s Parcel classified as Developed
Property shall commence to accrue on the Initial Interest Accrual Date. The Accrued Interest
Obligation applicable to such Assessor’s Parcel in the Initial Accrued Interest Obligation FY
shall be equal to two percent (2%) of the Deferred DIF Obligation as of July 1 of such FY multiplied
by a fraction the numerator of which is the number of calendar days from and including the Initial
Interest Accrual Date to and including June 30th of such FY and the denominator of which is 365.
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The Accrued Interest Obligation for each subsequent FY prior to the Special Tax Commencement
FY shall be equal to the Accrued Interest Obligation in the prior FY plus two percent (2%) of the
Deferred DIF Obligation as of July 1 of the prior FY.
The Accrued Interest Obligation in the Special Tax Commencement FY and each subsequent FY
applicable to an Assessor’s Parcel classified as Developed Property shall be equal to the Accrued
Interest Obligation as of July 1 of the prior FY less any Annual Special Tax for Accrued Interest
payments made in the prior FY.
If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will
also be reduced by the applicable amount of the Accrued Interest Obligation that was prepaid.
F. Annual Special Tax
The Annual Special Tax for Developed Property in any FY commencing the Special Tax
Commencement FY shall be equal to (i) the Annual Special Tax for Facilities plus (ii) the Annual
Special Tax for Accrued Interest plus (iii) the Annual Special Tax for Current Interest.
The Annual Special Tax for Facilities in any FY commencing the Special Tax Commencement FY shall
be equal to the Deferred DIF Obligation on July 1 of the Special Tax Commencement FY
times the Repayment Rate specified in Table 2 below that corresponds with such FY. In each
subsequent FY, the Annual Special Tax for Facilities will remain unchanged until the Deferred
DIF Obligation is paid in full.
The Annual Special Tax for Accrued Interest in any FY commencing the Special Tax
Commencement FY shall be equal to the Accrued Interest Obligation on July 1 of the Special
Tax Commencement FY times the Repayment Rate specified in Table 2 below that corresponds
with such FY. In each subsequent FY, the Annual Special Tax for Accrued Interest will remain
unchanged until the Accrued Interest Obligation is paid in full.
The Annual Special Tax for Current Interest in any FY commencing the Special Tax
Commencement FY shall be equal to the Deferred DIF Obligation on July 1 of such FY times the
Current Interest Rate in Table 2 below that corresponds with such FY.
Table 2 Amortization Table
Fiscal Year Repayment Rate Current Interest
Rate
Initial Accrued Interest
Obligation FY
through the FY preceding the
Special Tax Commencement
FY
0%
0%
Special Tax Commencement
FY through the Special Tax
Final FY
5%
2%
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4. METHOD OF APPORTIONMENT
Commencing with the Special Tax Commencement FY and for each following FY, the CFD
Administrator shall apportion the Assigned Special Tax Obligation as set forth below.
First: All Original Parcels that are reflected on the Assessor’s Parcel Maps applicable to the current
FY will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in
accordance with Section 3 above.
Second: All Original Parcels that are not reflected on the Assessor’s Parcel Maps applicable to the
current FY will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation
in accordance with Section 3 above as if such parcels still existed in their previous form.
Third: The Maximum Special Tax Obligation and Assigned Special Tax Obligation that were
calculated in the Second step above will be assigned to each applicable Successor Parcel based on
the amount of Taxable Acreage contained in such Successor Parcel divided by the amount of
Taxable Acreage contained in the relevant Original Parcel. The sum of the Maximum Special Tax
Obligations of each group of Successor Parcels shall be equal to Maximum Special Tax Obligation of
the applicable Original Parcel that was determined in the Second step. Likewise, the sum of the
Assigned Special Tax Obligations of each group of Successor Parcels shall be equal to Assigned
Special Tax Obligation of the applicable Original Parcel that was determined in the Second step.
Fourth: The Special Tax shall be levied on each Assessor’s Parcel of Developed Property at 100% of
the applicable Annual Special Tax.
Successor Parcels that are assigned a Maximum Special Tax Obligation and an Assigned Special Tax
Obligation in the current FY will be considered Original Parcels in the following FY.
5. COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary
ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided,
however, that the Council may provide for (i) other means of collecting the Special Tax, including
direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual
Special Taxes.
6. PREPAYMENT OF SPECIAL TAX OBLIGATION
A. Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash
settlement with the City as permitted under Government Code Section 53344.
The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and the
obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as
described herein, provided that a prepayment may be made with respect to a particular
Assessor’s Parcel only if there are no delinquent Special Taxes with respect to such
Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel eligible to prepay
the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to
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prepay and designate or identify the company or agency that will be acting as the escrow agent,
if any. The CFD Administrator shall provide the owner with a statement of the Prepayment
Amount for such Assessor’s Parcel within thirty (30) days of the request and may charge a
reasonable fee for providing this service. The Prepayment Amount (defined below) shall be
calculated for each applicable Assessor’s Parcel or group of Assessor’s Parcels as summarized
below (capitalized terms as defined below):
Deferred DIF Obligation
Plus Accrued Interest Obligation
Plus Prepayment Administrative Fees and Expenses
Total: Equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below)
shall be calculated as follows:
Step No.:
1. Confirm that no Special Tax delinquencies apply to such
Assessor’s Parcel.
2. For Assessor’s Parcels of Developed Property, determine the Deferred
DIF Obligation and the Accrued Interest Obligation. For Assessor’s
Parcels of Undeveloped Property for which a Building Permit has been
issued, compute the Deferred DIF Obligation for that Assessor’s Parcel
as though it was already designated as Developed Property, based upon
the Building Permit which has already been issued for that Assessor’s
Parcel.
3. Calculate the administrative fees and expenses of CFD No. 17-I,
including the costs of computation of the prepayment and the costs of
recording any notices to evidence the prepayment and the redemption
(the “Prepayment Administrative Fees”).
4. The amount to prepay the Special Tax Obligation is equal to the sum
of the amounts computed pursuant to paragraphs 1, 2 and 3 (the
“Prepayment Amount”).
The CFD Administrator will confirm that all previously levied Special Taxes have been paid in
full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full,
once the CFD Administrator has confirmed that all previously levied Special Taxes have been
paid, the Council shall cause a notice of cancellation of Special Tax lien to be recorded in
compliance with the Act, to indicate the prepayment of the Special Tax and the release of the
Special Tax lien on such Assessor’s Parcel, and the obligation of the owner of such Assessor's
Parcel to pay the Special Tax shall cease.
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B. Partial Prepayment
The Special Tax on an Assessor’s Parcel of Developed Property or Undeveloped Property for which
a building permit has been issued may be partially prepaid. The amount of the prepayment
shall be calculated as in Section 6.A, except that a partial prepayment shall be calculated according
to the following formula:
PP = (PE-A) x F+A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section 6.A
F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the
Special Tax Obligation
A = the Prepayment Administrative Fees and Expenses from Section 6.A
The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFD
Administrator of (i) such owner’s intent to partially prepay the Special Tax Obligation,
(ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company
or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the
owner with a statement of the amount required for the partial prepayment of the Special Tax
Obligation for an Assessor’s Parcel within sixty (60) days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute the
funds remitted to it according to Section 6.A., and (ii) indicate in the records of CFD No. 17-I that
there has been a partial prepayment of the Special Tax Obligation and that the remaining
Special Tax Obligation of such Assessor’s Parcel, equal to the outstanding percentage (1.00
- F) of the Deferred DIF Obligation and the Accrued Interest Obligation, shall continue to be
levied on such Assessor’s Parcel in the same manner as before the Partial Prepayment.
7. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to satisfy the Assigned Special Tax Obligation
for a period not to exceed thirty (30) FYs commencing with Special Tax Commencement FY,
provided however that the Special Tax will cease to be levied in an earlier FY if the CFD
Administrator has determined that all CFD No. 17-I obligations have been satisfied.
8. EXEMPTIONS
The CFD Administrator shall classify only Assessor’s Parcels of Public Property as Exempt Property
(i) Assessor’s Parcels of Public Property.
If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no
longer classified as Public Property, per the first paragraph of Section 8 above such Assessor’s
Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.
9. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or
her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error
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10
not later than thirty-six (36) months after first having paid the first installment of the Special Tax
that is disputed. If following such consultation, the CFD Administrator determines that an error has
occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in
order to correct the error:
(i) Amend the Special Tax levy on the landowner’s Assessor’s Parcel(s) for the
current FY prior to the payment date,
(ii) Require the CFD to reimburse the landowner for the amount of the overpayment
to the extent of available CFD funds, or
(iii) Grant a credit against, eliminate or reduce the future Special Taxes on the
landowner’s Assessor’s Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the landowner believes such
error still exists, such person may file a written notice of appeal with the City Council. Upon the
receipt of such notice, the City Council or designee may establish such procedures as deemed
necessary to undertake the review of any such appeal. If the City Council or designee determines
an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii)
above, in order of priority, in order to correct the error.
The City Council or designee thereof shall interpret this Rate and Method of Apportionment of
Special Tax for purposes of clarifying any ambiguities and make determinations relative to the
administration of the Special Tax and any landowner appeals. The decision of the City Council or
designee shall be final.
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ANNEXATION MAP NO. 2023-02OF COMMUNITY FACILITIES DISTRICT NO. 17-I(W ESTERN CHULA VISTA DIF FINANCING)CITY OF CHULA VISTACOUNTY OF SAN DIEGO, STATE OF CALIFORNIA
/
SHEET 1 OF 1
THIRD AVECHURCH AVEK ST
Filed in the Office of the City Clerk of the City of Chula Vista this_______ day ___________, 20__.
__________________________________________CITY CLERKCITY OF CHULA VISTASTATE OF CALIFORNIA
I hereby certify that the within map showing proposed boundaries ofAnnexation No. 2023-02 to Community Facilities District No. 17-I (WestEnd DIF Financing) of the City of Chula Vista, County of San Diego,State of California, was approved by the City Council of the City ofChula Vista at a regular meeting thereof, held on the ________ day of___________,20__, by its Resolution No. _________.
__________________________________________CITY CLERKCITY OF CHULA VISTASTATE OF CALIFORNIA
Filed this ______ day of ___________, 20__ at the hour of _____o'clock __.M. in Book _______, Page _____ of Maps of Assessmentand Community Facilities Districts in the Office of the County Recorderin the County of San Diego, California.
___________________________________COUNTY RECORDERCOUNTY OF SAN DIEGOSTATE OF CALIFORNIA
Reference is made to that boundary map of Community FacilitiesDistrict No. 17-I (Western Chula Vista DIF Financing) of the City ofChula Vista recorded with the San Diego County Recorder's Office onFebruary 18, 2016 in book 45 of maps of assessment and CommunityFacilities Districts, page 26 as instrument number 2016-7000074.
The lines and dimensions of each lot or parcel encompassed by thismap shall be those lines and dimensions as shown on the San DiegoCounty assessor's maps.
The San Diego County assessor's maps shall govern for all detailsconcerning the lines and dimensions of such lots or parcels.
Shwy 905Shwy15 Shwy9 4Shwy94
Shwy1
2
5
I-
8
0
5
I
-5VICINITY MAP
SITE
Legend
MAP REFERENCE NUMBER
ANNEXATION BOUNDARY
1
1
MAP REFERENCE NUMBER
ASSESSOR'S PARCEL NUMBER LEGAL DESCRI PTI ON
1 573-371-25-00 TR 16277 LOT 1
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February 21, 2023 1
City Council Meeting
Item 7.1
Casa Estilo
Community Facilities District
Annexation No. 17-I
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What is a Community Facilities
District (CFD)?
Community Facilities Districts
Click
to
add
text
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Background
•Community Facilities Districts (CFD) are a type of
special tax district formed in order to finance the
construction of improvements or public services
•Legislation –Mello-Roos Community Facilities act of
1982 in response to Proposition 13
•Thousands of CFDs have been formed throughout
the State of California –resulting in funding billions
of dollars of infrastructure
•Chula Vista has over 30 active CFD’s
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The City of Chula Vista adopted
“CFD Goals and Policies”
Step 1 –Initiation by property owner, or City,
draft Rate and Method of Apportionment,
Boundary Map
Step 2 –Council adopts a Resolution of Intention
to Form a CFD
CFD Formation
CCComulick to add text
CFD Formation Process
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Step 3 –City conducts a Public Hearing and calls
an Election of Property Owners
Step 4 –Council adopts a Resolution of
Formation and, if applicable, a Resolution to
incur bonded indebtedness
CFD Formation
CCComulick to add textCFD Formation Process (cont.)
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Tax-exempt bonds are sold to fund
infrastructure, special tax levied against the
parcels to repay the bonds
Benefit:Provides public facilities concurrently
with the need instead of waiting for
collection of development impact fees
CFDs in Chula Vista
CCComulick to add textBonded CFDs
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Funds items like landscape, street lighting and
open space maintenance. These are in
perpetuity. Each district has a budget that
Council votes annually on the amount to levy
Benefit:Homeowners pay for and receive
enhanced maintenance that cannot be
funded via the General Fund.
CFDs in Chula Vista
CCComulick to add textMaintenance CFDs (non-bonded)
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CFD 17-I
CCComulick to add text
CFD 17-I Western Chula Vista
Deferral Program
Created in 2016 to incentivize investment in
the western portion of the City
Infill redevelopment projects are financially
challenging: high construction costs and high
equity requirements by lenders
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CFD 17-I
CCComulick to add text
CFD 17-I Western Chula Vista
Deferral Program (cont.)
Annexation into CFD 17-I allows developers to
defer certain Development Impact Fees
Fees are deferred for 10 years and payments
are made for the subsequent 20 years, for a
total of 30 years
The obligation runs with the land and is
secured by a lien on the land.
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CFD 17-I Activity To-Date
CCComulick to add text Six separate
properties have
annexed to-date
516 multi-family
units
Investment of over
$100 million
Council extended
the program until
March 2026
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Item 7.1 -Casa Estilo Page 127 of 510
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Property Location
Sesame Place /
Amphitheatre
Village 3
Quarry
MSCP Preserve Area
Industrial
Industrial / Residential
Single Family
Residential
Gas
Station
Office
Building
West Coast
Home Loan
Bank of America
Jack-in-the-Box
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Boundary Map Page 129 of 510
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RECOMMENDATIONS
1.Hold the Public Hearing and Special Election
2.If affirmative vote, Adopt the Resolution
certifying the results of a Special Election in that
territory designated as Community Facilities District
No. 17-I, Annexation No. 2023-02 and adding such
territory to Community Facilities District No. 17-I.
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v . 0 03 P a g e | 1
February 21, 2023
ITEM TITLE
Community Facilities District Annexation: Public Hearing and Election for Annexation of a Parcel located at
Church Avenue and Davidson Street (Backhouse Apartments) Into CFD 17-I
Report Number: 23-0013
Location: Northeast corner of Church Avenue and Davidson Street intersection
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
Conduct the public hearing and adopt a resolution certifying the results of a special election relating to the
levy of special taxes within Annexation No. 2023-01 to CFD 17-I.
SUMMARY
In March 2016, the City Council formed Community Facilities District 17-I (CFD 17-I), the Western Chula
Vista Development Impact Fee (“DIF”) Financing Program. CFD 17-I was established for the purpose of
financing the payment of certain DIF obligations for multi-family, commercial or industrial properties in
Western Chula Vista (i.e., the area generally located between Interstate 5 and Interstate 805), and the Chula
Vista Auto Park, which is situated to the east of Interstate 805 and to the west of Heritage Road. In March
2016, the City Council also authorized the annexation of territory within the Future Annexation Areas in the
future pursuant to the provisions and authorization of Article 3.5 of the Mello-Roos Community Facilities Act
of 1982 (the “Act”).
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with 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.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Investment in Western Chula Vista presents a financing challenge for potential investors and developers.
Financing challenges derive primarily from the lending industry’s increased requirements imposed upon
infill development projects in Western Chula Vista. To help address the additional burden being placed on
infill development in this area, the City Council formed CFD 17-I, which allows the deferral of DIFs to
incentivize future investment in this area.
The deferral of the DIF payment reduces the additional burden by an amount equal to the DIFs. CFD 17-I
enables the developer to shift the DIF burden from the construction/development cost side of their ledger to
the operating side of the development. CFD 17-I is unique in that it is not used as a mechanism to issue debt,
but rather as a way to finance DIFs over time.
When CFD 17-I was formed in March 2016, only one property was included within CFD 17-I. However, the
City Council authorized the annexation of territory in the “Future Annexation Area” into CFD 17-I at a later
date, if desired. The purpose of forming a Future Annexation Area is that, pursuant to the Act, the City can
expedite proceedings significantly, and can complete the annexation with the unanimous consent of the
property owners within the territory to be annexed.
Such Future Annexation Area includes multi-family, commercial or industrial properties in Western Chula
Vista (i.e., the area generally located between Interstate 5 and Interstate 805), and the Chula Vista Auto Park,
which is situated to the east of Interstate 805 and to west of Heritage Road. Property owners can voluntarily
annex into CFD 17-I through an election process. An owner of a residential, commercial, or industrial
property located within the Future Annexation Area may apply to have such property annexed to CFD 17-I.
Such owner may waive the public hearing otherwise required for annexations and may waive the time limit
for conducting the election to authorize the levy of special taxes within the property proposed to be annexed
into CFD 17-I. Prior to the proposed annexation, five properties have been annexed into CFD 17-I, including:
1. Annexation No. 2017-01: the Urbana Apartments located at 371, 385, and 395 H Street annexed into
CFD 17-I (2017).
2. Annexation No. 2018-01: 62 multi-family residences located at 260-270 Broadway annexed into CFD
17-I (2018).
3. Annexation No. 2018-02: 43 multi-family residences located at 288 Center Street, 336 Church
Avenue, 338 Church Avenue, and 342 Church Avenue annexed into CFD 17-I (2018).
4. Annexation No. 2018-03: 29 multi-family residences located at 230 Church Avenue annexed into
CFD 17-I (2018).
5. Annexation No. 2020-02: 170 multi-family residences located on the north side of Bonita Glen Drive,
just west of its intersection with Vista Drive and south of the La Quinta Inn and the I-805 Freeway
annexed into CFD 17-1 (2020).
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Due to its success in inducing investment in western Chula Vista, in 2021, the City Council extended the
program through March 2026. The proposed annexation would increase cumulative CFD 17-I annexations
from five to six. The project seeking annexation into CFD 17-I is as follows:
Annexation No. 2023-01
This project is located at the intersection of Church Avenue and Davidson Street and consists of 31 multi-
family residences. The project occupies Assessor’s Parcel Number 568-161-25-00, which is approximately
0.28 acres. The applicant has indicated a tentative construction start date of March 1, 2023, and a 19-month
construction schedule. The applicant also estimates the total project cost to be approximately $13 million.
Annexation Process
The owner of the property, as the qualified elector for the election to authorize the levy of the special tax on
the property proposed to be annexed into CFD 17-I, has waived the public hearing and the time limit for
conducting such an election. Ballot documents were transmitted to the property owners and completed and
returned by the property owner to the City Clerk on or before January 17, 2023. The City Clerk canvassed the
ballot and determined that the property owner had cast the ballot in favor of authorizing the levy of the
special tax on the property proposed for annexation into CFD 17-I. By adoption of the resolution, the City
Council will be determining the results of the election and determining and declaring that such property is
added to and become a part of CFD 17-I.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings
within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item
does not present a disqualifying real property-related financial conflict of interest under California Code of
Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code
§87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member,
of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There are no current year fiscal impacts to the General Fund or the Development Services Fund as a result of
this action. All costs of this annexation are borne by the developer and the on-going administration will be
funded entirely by the CFD. The City will recover the full cost of staff time expended for this annexation and
administration activities in perpetuity.
ONGOING FISCAL IMPACT
There are no ongoing fiscal impacts to the General Fund or the Development Services Fund as a result of this
action. The Western Chula Vista Financing Program will defer payment of following three DIFs: the Public
Facilities Development Impact Fee (“PFDIF”), the Parkland Acquisition and Development Fee (“PAD”), and
the portion of the Western Transportation Development Impact Fee (“WTDIF”) that is not allocated to the
San Diego Association of Governments (“SANDAG”) pursuant to the Regional Transportation Congestion
Improvement Program, as required by SANDAG’s TransNet Extension Ordinance. This deferral would be for
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a period of thirty years incurring two percent interest, per annum, upon receipt of occupancy. There would
be no obligation to make a payment on the deferment in years 1 through 10. The deferred fees are required
to be repaid in years 11 through 30. If a property is sold or subdivided, the obligation to repay the fees runs
with the land. The non-payment period aligns with standard commercial lending practices. It is anticipated
that some projects will repay the deferred fees in year ten when the project is refinanced.
New developments are assessed DIFs for the incremental impacts resulting from said development. DIFs do
not pay for or resolve the deficiencies of facilities that may exist today. As stated above, all new development
will continue to mitigate for on-site impacts resulting from each respective project.
Should the CFD 17-I program be successful, it is anticipated to generate new development, which would
translate into an increase in assessed valuation and have a positive impact on the neighboring property
values, while also helping new residents and employees support the surrounding businesses located along
the retail corridors.
DIFs to be deferred for the proposed annexation are as follows:
Annexation 2023-01
WTDIF Deferral PFDIF Deferral PAD Deferral Total Deferral
$9,101.91 $392,243 $330,057 $731,401.91
The construction costs for the project represents a $13 million investment in Western Chula Vista
ATTACHMENTS
1. Rate and Method of Apportionment (RMA)
2. Boundary Map
Staff Contact: Kimberly Elliott, Facilities Financing Manager, Development Services
Laura C. Black AICP, Director of Development Services
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60297.05005\40905794.3
1
RESOLUTION NO. 2023 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 17-I (WESTERN CHULA VISTA DIF FINANCING
PROGRAM), CERTIFYING THE RESULTS OF A SPECIAL
ELECTION IN THAT TERRITORY DESIGNATED AS
COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN
CHULA VISTA DIF FINANCING PROGRAM), ANNEXATION
NO. 2023-01, AND ADDING SUCH TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN
CHULA VISTA DIF FINANCING PROGRAM)
(Annexation No. 2023-01)
WHEREAS, the City Council of the City of Chula Vista, C alifornia (the “City Council”)
has previously formed Community Facilities District No. 17-I (Western Chula Vista DIF
Financing Program) (“CFD No. 17-I”) pursuant to the Mello-Roos Community Facilities Act of
1982 (the “Act”), as amended, and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5
and 7 of Article XI of the Constitution of the State of California (the “Ordinance”) (the Act and
the Ordinance may be referred to collectively as the “Community Facilities District Law”) for the
purpose of financing the payment of certain development impact fee obligations; and
WHEREAS, acting pursuant to the Community Facilities District Law, the City Council
also authorized by the adoption of Resolution No. 2016-051 (the “Resolution Authorizing Future
Annexation”) the annexation in the future of territory to CFD No. 17-I, such territory designated
as Future Annexation Area, Community Facilities District No. 17-I (the “Future Annexation
Area”); and
WHEREAS, the owner of that property located within western Chula Vista known as
“Backhouse” which is approximately 0.28 acres located at the intersection of Church Avenue and
Davidson Street, which is within the “Future Annexation Area,” made application pursuant to the
Community Facilities District Law to annex such territory to CFD No. 17-I and such property has
been designated as Annexation No. 2023-01 (the “Territory”); and
WHEREAS, at this time the unanimous consent to the annexation of the Territory to CFD
No. 17-I has been received from the property owner of the Territory, and
WHEREAS, less than twelve (12) registered voters have resided within the Territory for
each of the ninety (90) days preceding the election date established for the Territory; therefore,
pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is
defined in Government Code Section 53317(f), of such Territory and such landowner who is the
owner of record as of the applicable election date, or the authorized representative thereof, shall
have one vote for each acre or portion of an acre of the parcel of land that landowner owns within
such Territory; and
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2
WHEREAS, the time limit specified by the Act for conducting an election to submit the
levy of the special taxes on the Territory to the qualified elector thereof and the requirements for
impartial analysis and ballot arguments have been waived with the unanimous consent of the
qualified elector of the Territory; and
WHEREAS, the City Clerk of the City of Chula Vista has caused a ballot to be distributed
to the qualified elector of the Territory, has received and canvassed such ballot and made a report
to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit A
hereto and incorporated herein by this reference; and
WHEREAS, at this time the measure voted upon and such measure did receive the
favorable vote of the qualified elector of the Territory, and the City Council desires to declare the
results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2023-01
(the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated herein
by this reference, has been submitted to this legislative body.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
California, acting in its capacity as the legislative body of Community Facilities District No. 17-I
(Western Chula Vista DIF Financing Program), that the results of a special election in that territory
designated as Community Facilities District No. 17-I (Western Chula Vista DIF Financing
Program), Annexation No. 2023-01, and adding such territory to Community Facilities District
No. 17-I (Western Chula Vista DIF Financing Program) is hereby certified.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that t he
above recitals are true and correct.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, acting in
its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista
DIF Financing Program), that the legislative body does hereby further determine as follows:
A. The unanimous consent as described in the recitals hereto to the annexation of the
Territory to CFD No. 17-I has been given by the owner of the Territory and such consent shall be
kept on file in the Office of the City Clerk of the City of Chula Vista.
B. Less than twelve (12) registered voters have resided within the Territory for each
of the ninety (90) days preceding the election date established for each of the parcels located within
the Territory; therefore, pursuant to the Act the qualified elector for the Territory shall be the
“landowner” of the Territory as such term is defined in Government Code Section 53317(f).
C. The qualified elector of the Territory has voted in favor of the levy of special taxes
on the Territory upon its annexation to CFD No. 17-I.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, acting in
its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista
DIF Financing Program), that the boundaries and parcels of property within the Territory and on
which special taxes will be levied in order to finance the payment of development impact fees
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3
which will pay for public facilities are shown on the Annexation Map as submitted to and hereby
approved by this legislative body.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vist a, acting in
its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista
DIF Financing Program), that this legislative body does hereby determine and declare that the
Territory, and each parcel therein, is now added to and becomes a part of CFD No. 17-I. The City
Council, acting as the legislative body of CFD No. 17-I, is hereby empowered to levy the
authorized special tax within the Territory.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, act ing in
its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista
DIF Financing Program), that immediately upon adoption of this Resolution, notice shall be given
as follows:
A. A copy of the Annexation Map as approved shall be filed in the Office of the County
Recorder no later than fifteen (15) days after the date of adoption of this Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be
recorded in the Office of the County Recorder no later than fifteen (15) days after the date of
adoption of this Resolution.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that this
Resolution shall become effective upon its adoption.
PRESENTED BY: APPROVED AS TO FORM BY:
Laura C. Black, AICP
Director of Development Services
Glen R. Googins,
City Attorney
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A - 1
EXHIBIT A
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the
provisions of Section 53326 of the Government Code and Division 12, commencing with Section
17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast
at the
COMMUNITY FACILITIES DISTRICT NO. 17-I
(WESTERN CHULA VISTA DIF FINANCING PROGRAM)
SPECIAL ELECTION
ANNEXATION NO. 2023-01
held on the election date established for each parcel located within the territory included in
Annexation No. 2023-01.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast
in the area proposed to be annexed to Community Facilities District No. 17-I (Western Chula Vista
DIF Financing Program) for or against the Proposition are full, true and correct.
VOTES CAST ON PROPOSITION 1: YES
NO
WITNESS my hand this 21st day of February, 2023.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
OF THE STATE OF CALIFORNIA
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February 21, 2023 Post Agenda
60297.05005\40905794.3
B - 1
EXHIBIT B
ANNEXATION MAP
Page 146 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
1
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 17-I
(WESTERN CHULA VISTA DIF FINANCING PROGRAM)
ANNEXATION 2023-01
A Special Tax shall be levied on each Assessor’s Parcel of Taxable Property within the boundaries of
Community Facilities District No. 17-I (Western Chula Vista DIF Financing) of the City of Chula Vista
(the “City”) and collected each FY commencing in Special Tax Commencement FY applicable to
such Assessor’s Parcel, in an amount determined by the CFD Administrator through the application
of the procedures described below. All of the real property within CFD No. 17-I, unless exempted
by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the
manner herein provided.
1. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accrued Interest Obligation” means for each Assessor’s Parcel, the amount of interest accrued on
the Deferred DIF Obligation from the date of the issuance or grant of a Certificate of Occupancy for
such property as determined in accordance with Section 3.D below.
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel
Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the
applicable Final Map. An Acre means 43,560 square feet of land.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of
Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Annual Special Tax” means the Special Tax actually levied in any FY on any Assessor’s Parcel
which is equal to the sum of the Annual Special Tax for Facilities and the Annual Special Tax for
Accrued Interest in accordance with Section 3.E below.
“Annual Special Tax for Facilities” means the amount of the Special Tax levied on an Assessor’s
Parcel of Developed Property in any FY, commencing with the Special Tax Commencement FY, to
satisfy the repayment of the Deferred DIF Obligation over the term of the Special Tax as set forth
in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is
prepaid pursuant to the provisions of Section 6 thereto.
“Annual Special Tax for Accrued Interest” means the amount levied on an Assessor’s Parcel
of Developed Property in any FY, commencing with the Special Tax Commencement FY, to satisfy
the repayment of the Accrued Interest Obligation over the term of the Special Tax as set
forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax
Obligation is prepaid pursuant to the provisions of Section 6 thereto.
“Annual Special Tax for Current Interest” means the amount levied on an Assessor’s Parcel of
Developed Property in any FY, commencing with the Special Tax Commencement FY, to satisfy the
requirement to pay interest on unpaid deferred fees during the 20-year repayment period
commencing with the Special Tax Commencement FY and ending on June 30th of the Special Tax
Final Year.
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City of Chula Vista City Council
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“Assessor” means the Assessor of the County of San Diego.
“Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
“Assessor's Parcel Map” means an official map of the Assessor designating parcels by Assessor’s
Parcel Number.
“Assessor's Parcel Number” means the number assigned to an Assessor's Parcel by the Assessor
for purposes of identification.
“Assigned Special Tax Obligation” means for each Assessor’s Parcel, the amount determined in
accordance with Section 3.B below.
“Building Permit” means a building permit issued by the City for construction of a Residential Unit
or Non-Residential Property located within CFD No. 17-I.
“Building Square Footage” means all of the square footage of usable area within the perimeter of
a residential structure, not including any carport, walkway, garage, overhang, or similar area. The
determination of Building Square Footage shall be made by reference to the Building Permit(s)
issued for such Assessor’s Parcel and/or by reference to appropriate records kept by the City.
“Certificate of Occupancy” means a certificate issued or approval granted by the City, or other
applicable government entity, that authorizes the actual occupancy of a Residential Unit for
habitation by one or more residents or the occupancy of Non-Residential Property.
“CFD Administrator” means an authorized representative of the City, or designee thereof,
responsible for determining the Assigned Special Tax Obligation and the Annual Special Tax, for
preparing the Annual Special Tax roll and/or calculating the Backup Special Tax.
“CFD No. 17-I” means the City of Chula Vista Community Facilities District No. 17-I (Western Chula
Vista DIF Financing).
“City” means the City of Chula Vista, California.
“Council” means the City Council of the City acting as the legislative body of CFD No. 17-I under
the Act.
“County” means the County of San Diego, California.
“Deferred DIF Obligation” means for each Assessor’s Parcel, the remaining balance of DIFs that
have been deferred on such Assessor’s Parcel since Building Permit issuance as determined in
accordance with Section 3.C below.
“Developed Property” means for each FY, all Taxable Property for which a Building Permit was
issued prior to May 1 of the previous FY. An Assessor’s Parcel classified as Developed Property but
for which the Building Permit that caused such Assessor’s Parcel to be classified as Developed
Property has been cancelled and/or voided prior to the FY for which Special Taxes are being levied
shall be reclassified as Undeveloped Property.
“DIF Deferral Agreement” means, as to an Assessor’s Parcel, the Agreement for Deferral of
Development Impact Fees by and between the owner of such Assessor’s Parcel and the City.
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“DIF” or “DIFs” shall, as to an Assessor’s Parcel, have the meaning given such terms in the DIF
Deferral Agreement applicable to such Assessor’s Parcel.
“Effective Date” shall mean, as to each DIF Deferral Agreement, the effective date of such
agreement as specified therein.
“Exempt Property” means for each FY, all Assessor’s Parcels designated as being exempt from
Special Taxes pursuant to Section 8 below.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates
individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” or “FY” means the period starting on July 1 and ending the following June 30.
“Initial Fiscal Year” means, as to any Assessor’s Parcel subject to a DIF Deferral Agreement, the FY
in which the Effective Date of such DIF Deferral Agreement falls.
“Initial Interest Accrual Date” shall mean, as to any Assessor’s Parcel of Developed Property, the
date on which the Certificate of Occupancy for such Assessor’s Parcel is issued.
“Initial Accrued Interest Obligation FY” shall mean, as to any Assessor’s Parcel of Developed
Property, the FY in which the Initial Interest Accrual Date for such Assessor’s Parcel falls.
“Maximum Special Tax Obligation” means for each Assessor’s Parcel, the amount assigned in
accordance with Sections 3.A below.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a
building permit has been issued for the purpose of constructing one or more non-residential
structures or facilities.
“Original Parcel” means an Assessor’s Parcel within the boundaries of CFD No. 17-I that was
assigned a Maximum Special Tax Obligation and an Assigned Special Tax Obligation in the prior FY
but has been subsequently subdivided into Successor Parcels for the current FY.
“Prepayment Amount” means the amount required to prepay the Annual Special Tax obligation in
full for an Assessor’s Parcel as described in Section 6.A below.
“Public Property” means any property within the boundaries of CFD No. 17-I, which is owned by,
or irrevocably offered for dedication to the federal government, the State of California,
the County, the City or any other public agency; provided however that any property owned
by a public agency and leased to a private entity and subject to taxation under Section 53340.1
of the Act shall be taxed and classified in accordance with its use.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a Building
Permit has been issued for the purpose of constructing one or more Residential Units.
“Residential Unit” means each separate residential dwelling unit that comprises an independent
facility capable of conveyance or rental, separate from adjacent residential dwelling units.
“Special Tax” means any special tax levied within CFD No. 17-I pursuant to the Act and this Rate
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and Method of Apportionment of Special Tax.
“Special Tax Commencement FY” shall mean, as to each Assessor’s Parcel classified as Developed
Property, the FY falling after the first day of the eleventh calendar year after the date of the issuance
of the Certificate of Occupancy applicable to such Assessor’s Parcel.
“Special Tax Final FY” shall mean, as to each Assessor’s Parcel of Developed Property, the FY
commencing on July 1 of nineteenth (19th) FY following the Special Tax Commencement FY.
“Special Tax Obligation” means the total obligation of an Assessor’s Parcel of Developed Property
to pay the Special Tax for the remaining term of the Special Tax applicable to such Assessor’s
Parcel.
“Successor Parcel” means an Assessor’s Parcel created by the Subdivision of one or more Original
Parcels pursuant to Section 4 below.
“State” means the State of California.
“Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 17-I,
which are not exempt from the levy of the Special Tax pursuant to law or Section 8 below.
“Undeveloped Property” means, for each FY, all Taxable Property not classified as Developed
Property.
2. LAND USE CLASSIFICATION
Each FY, beginning with FY 2016-17, each Assessor’s Parcel within CFD No. 17-I shall be classified as
Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as
Developed Property or Undeveloped Property, and all such Taxable Property shall be subject to the
levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax
determined pursuant to Sections 3 and 4 below.
3. SPECIAL TAX RATES
A. Maximum Special Tax Obligation The Maximum Special Tax Obligation applicable to
an Assessor's Parcel subject to a DIF Deferral Agreement in the Initial FY applicable
to such Assessor’s Parcel shall be determined pursuant to Table 1 below.
Table 1
Initial FY Maximum Special Tax Obligation
Assessor’s Parcel No.
Maximum
Special Tax Obligation
568-161-25-00 $731,401.91
The Maximum Special Tax Obligation applicable to an Assessor’s Parcel subject to a DIF
Deferral Agreement shall be subject to escalation by the increase in any DIF included in the
Deferred DIF Obligation between amount of such DIF in effect on the Effective Date of such DIF
Deferral Agreement and the amount of such DIF in effect on the date of issuance of the first
Building Permit for development of such Assessor’s Parcel.
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Commencing on July 1 of the FY following the Initial Interest Accrual Date, the Maximum Special
Tax Obligation for such Assessor’s Parcel shall increase on July 1 of each FY by an amount equal
to two percent (2%) of the Maximum Special Tax Obligation in effect for the prior FY.
B. Assigned Special Tax Obligation
On July 1 of each FY commencing the Special Tax Commencement FY, the CFD Administrator
shall determine the Assigned Special Tax Obligation for that FY.
The Assigned Special Tax Obligation in any given FY commencing the Special Tax
Commencement FY shall be the sum of the Deferred DIF Obligation plus the Accrued Interest
Obligation. If for any FY the Assigned Special Tax Obligation is determined to be greater than
the Maximum Special Tax Obligation, then the Assigned Special Tax Obligation shall be equal to
the Maximum Special Tax Obligation.
C. Deferred DIF Obligation
The Deferred DIF Obligation applicable to an Assessor’s Parcel classified as Undeveloped
Property shall be zero.
The initial Deferred DIF Obligation applicable to an Assessor's Parcel classified as Developed
Property shall be determined by the CFD Administrator at the time of issuance of a Building
Permit for such Assessor’s Parcel. The Deferred DIF Obligation shall be equal to the sum of the
applicable DIFs specified in the DIF Deferral Agreement for each Building Permit issued for
Assessor’s Parcels within CFD No. 17-I. The amount of each DIF specified in the DIF Deferral
Agreement for an Assessor’s Parcel shall be based on the fee schedule applicable to such DIF in
effect at the time of issuance of such Building Permit.
The Deferred DIF Obligation in any FY applicable to an Assessor’s Parcel of Developed
Property shall be equal to the Deferred DIF Obligation in the prior FY less any Annual Special
Tax for Facilities payments made in the prior FY.
If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will
also be reduced by the applicable amount of the Deferred DIF Obligation that was prepaid.
D. Accrued Interest Obligation
The Accrued Interest Obligation in the Initial FY and each subsequent FY prior to the Initial
Accrued Interest Obligation FY applicable to an Assessor’s Parcel classified as Developed
Property for which a Certificate of Occupancy has not been issued prior to July 1 of such FY shall
be zero.
The Accrued Interest Obligation applicable to any Assessor’s Parcel classified as Developed
Property shall commence to accrue on the Initial Interest Accrual Date. The Accrued Interest
Obligation applicable to such Assessor’s Parcel in the Initial Accrued Interest Obligation FY
shall be equal to two percent (2%) of the Deferred DIF Obligation as of July 1 of such FY multiplied
by a fraction the numerator of which is the number of calendar days from and including the Initial
Interest Accrual Date to and including June 30th of such FY and the denominator of which is 365.
The Accrued Interest Obligation for each subsequent FY prior to the Special Tax Commencement
FY shall be equal to the Accrued Interest Obligation in the prior FY plus two percent (2%) of the
Deferred DIF Obligation as of July 1 of the prior FY.
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The Accrued Interest Obligation in the Special Tax Commencement FY and each subsequent FY
applicable to an Assessor’s Parcel classified as Developed Property shall be equal to the Accrued
Interest Obligation as of July 1 of the prior FY less any Annual Special Tax for Accrued Interest
payments made in the prior FY.
If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will
also be reduced by the applicable amount of the Accrued Interest Obligation that was prepaid.
E. Annual Special Tax
The Annual Special Tax for Developed Property in any FY commencing the Special Tax
Commencement FY shall be equal to (i) the Annual Special Tax for Facilities plus (ii) the Annual
Special Tax for Accrued Interest plus (iii) the Annual Special Tax for Current Interest.
The Annual Special Tax for Facilities in any FY commencing the Special Tax Commencement FY shall
be equal to the Deferred DIF Obligation on July 1 of the Special Tax Commencement FY
times the Repayment Rate specified in Table 2 below that corresponds with such FY. In each
subsequent FY, the Annual Special Tax for Facilities will remain unchanged until the Deferred
DIF Obligation is paid in full.
The Annual Special Tax for Accrued Interest in any FY commencing the Special Tax
Commencement FY shall be equal to the Accrued Interest Obligation on July 1 of the Special
Tax Commencement FY times the Repayment Rate specified in Table 2 below that corresponds
with such FY. In each subsequent FY, the Annual Special Tax for Accrued Interest will remain
unchanged until the Accrued Interest Obligation is paid in full.
The Annual Special Tax for Current Interest in any FY commencing the Special Tax
Commencement FY shall be equal to the Deferred DIF Obligation on July 1 of such FY times the
Current Interest Rate in Table 2 below that corresponds with such FY.
Table 2: Amortization Table
Fiscal Year Repayment Rate Current Interest
Rate
Initial Accrued Interest
Obligation FY
through the FY preceding the
Special Tax Commencement
FY
0%
0%
Special Tax Commencement
FY through the Special Tax
Final FY
5%
2%
4. METHOD OF APPORTIONMENT
Commencing with the Special Tax Commencement FY and for each following FY, the CFD
Administrator shall apportion the Assigned Special Tax Obligation as set forth below.
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First: All Original Parcels that are reflected on the Assessor’s Parcel Maps applicable to the current
FY will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in
accordance with Section 3 above.
Second: All Original Parcels that are not reflected on the Assessor’s Parcel Maps applicable to the
current FY will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation
in accordance with Section 3 above as if such parcels still existed in their previous form.
Third: The Maximum Special Tax Obligation and Assigned Special Tax Obligation that were
calculated in the Second step above will be assigned to each applicable Successor Parcel based on
the amount of Taxable Acreage contained in such Successor Parcel divided by the amount of
Taxable Acreage contained in the relevant Original Parcel. The sum of the Maximum Special Tax
Obligations of each group of Successor Parcels shall be equal to Maximum Special Tax Obligation of
the applicable Original Parcel that was determined in the Second step. Likewise, the sum of the
Assigned Special Tax Obligations of each group of Successor Parcels shall be equal to Assigned
Special Tax Obligation of the applicable Original Parcel that was determined in the Second step.
Fourth: The Special Tax shall be levied on each Assessor’s Parcel of Developed Property at 100% of
the applicable Annual Special Tax.
Successor Parcels that are assigned a Maximum Special Tax Obligation and an Assigned Special Tax
Obligation in the current FY will be considered Original Parcels in the following FY.
5. COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary
ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided,
however, that the Council may provide for (i) other means of collecting the Special Tax, including
direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual
Special Taxes.
6. PREPAYMENT OF SPECIAL TAX OBLIGATION
A. Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash
settlement with the City as permitted under Government Code Section 53344.
The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and the
obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as
described herein, provided that a prepayment may be made with respect to a particular
Assessor’s Parcel only if there are no delinquent Special Taxes with respect to such
Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel eligible to prepay
the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to
prepay and designate or identify the company or agency that will be acting as the escrow agent,
if any. The CFD Administrator shall provide the owner with a statement of the Prepayment
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Amount for such Assessor’s Parcel within thirty (30) days of the request and may charge a
reasonable fee for providing this service. The Prepayment Amount (defined below) shall be
calculated for each applicable Assessor’s Parcel or group of Assessor’s Parcels as summarized
below (capitalized terms as defined below):
Deferred DIF Obligation
Plus Accrued Interest Obligation
Plus Prepayment Administrative Fees and Expenses
Total: Equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14
below) shall be calculated as follows:
Step No.:
1. Confirm that no Special Tax delinquencies apply to such
Assessor’s Parcel.
2. For Assessor’s Parcels of Developed Property, determine the Deferred
DIF Obligation and the Accrued Interest Obligation. For Assessor’s
Parcels of Undeveloped Property for which a Building Permit has been
issued, compute the Deferred DIF Obligation for that Assessor’s Parcel
as though it was already designated as Developed Property, based upon
the Building Permit which has already been issued for that Assessor’s
Parcel.
3. Calculate the administrative fees and expenses of CFD No. 17-I,
including the costs of computation of the prepayment and the costs of
recording any notices to evidence the prepayment and the redemption
(the “Prepayment Administrative Fees”).
4. The amount to prepay the Special Tax Obligation is equal to the sum
of the amounts computed pursuant to paragraphs 1, 2 and 3 (the
“Prepayment Amount”).
The CFD Administrator will confirm that all previously levied Special Taxes have been paid in
full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full,
once the CFD Administrator has confirmed that all previously levied Special Taxes have been
paid, the Council shall cause a notice of cancellation of Special Tax lien to be recorded in
compliance with the Act, to indicate the prepayment of the Special Tax and the release of the
Special Tax lien on such Assessor’s Parcel, and the obligation of the owner of such Assessor's
Parcel to pay the Special Tax shall cease.
B. Partial Prepayment
The Special Tax on an Assessor’s Parcel of Developed Property or Undeveloped Property for which
a building permit has been issued may be partially prepaid. The amount of the prepayment
shall be calculated as in Section 6.A, except that a partial prepayment shall be calculated according
to the following formula:
PP = (PE-A) x F+A
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These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section 6.A
F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the
Special Tax Obligation
A = the Prepayment Administrative Fees and Expenses from Section 6.A
The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFD
Administrator of (i) such owner’s intent to partially prepay the Special Tax Obligation,
(ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company
or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the
owner with a statement of the amount required for the partial prepayment of the Special Tax
Obligation for an Assessor’s Parcel within sixty (60) days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute the
funds remitted to it according to Section 6.A., and (ii) indicate in the records of CFD No. 17-I that
there has been a partial prepayment of the Special Tax Obligation and that the remaining
Special Tax Obligation of such Assessor’s Parcel, equal to the outstanding percentage (1.00
- F) of the Deferred DIF Obligation and the Accrued Interest Obligation, shall continue to be
levied on such Assessor’s Parcel in the same manner as before the Partial Prepayment.
7. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to satisfy the Assigned Special Tax Obligation
for a period not to exceed thirty (30) FYs commencing with Special Tax Commencement FY,
provided however that the Special Tax will cease to be levied in an earlier FY if the CFD
Administrator has determined that all CFD No. 17-I obligations have been satisfied.
8. EXEMPTIONS
The CFD Administrator shall classify only Assessor’s Parcels of Public Property as Exempt Property
(i) Assessor’s Parcels of Public Property.
If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no
longer classified as Public Property, per the first paragraph of Section 8 above such Assessor’s
Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.
9. APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or
her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error
not later than thirty-six (36) months after first having paid the first installment of the Special Tax
that is disputed. If following such consultation the CFD Administrator determines that an error has
occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in
order to correct the error:
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(i) Amend the Special Tax levy on the landowner’s Assessor’s Parcel(s) for the
current FY prior to the payment date,
(ii) Require the CFD to reimburse the landowner for the amount of the overpayment
to the extent of available CFD funds, or
(iii) Grant a credit against, eliminate or reduce the future Special Taxes on the
landowner’s Assessor’s Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the landowner believes such
error still exists, such person may file a written notice of appeal with the City Council. Upon the
receipt of such notice, the City Council or designee may establish such procedures as deemed
necessary to undertake the review of any such appeal. If the City Council or designee determines
an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii)
above, in order of priority, in order to correct the error.
The City Council or designee thereof shall interpret this Rate and Method of Apportionment of
Special Tax for purposes of clarifying any ambiguities and make determinations relative to the
administration of the Special Tax and any landowner appeals. The decision of the City Council or
designee shall be final.
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ANNEXATION MAP 2023-01 OFANNEXATION MAP 2023-01 OFCOMMUNITY FAC ILITIES DISTR IC T NO. 17-ICOMMUNITY FAC ILITIES DISTR IC T NO. 17-I(WESTER N CHU LA VISTA D IF F IN AN CING)(WESTER N CHU LA VISTA D IF F IN AN CING)CITY OF CHULA VISTACOUNTY OF SAN DIEGO, STATE OF CALIFORNIA
SITE
VICINITY MAP SHEET 1 OF 1
Legend
ANNEXATION BOUNDARY
MAP REFERENCE NUMBER1 Chur
c
h Av
eFILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CHULA VISTA THIS_______ DAY ___________, 20__.
__________________________________________CITY CLERKCITY OF CHULA VISTASTATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OFANNEXATION 2023-01 TO COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERNCHULA VISTA DIF FINANCING) OF THE CITY OF CHULA VISTA, COUNTY OF SANDIEGO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITYOF CHULA VISTA AT A REGULAR MEETING THEREOF, HELD ON THE ________ DAYOF ___________,20__, BY ITS RESOLUTION NO. _________.
__________________________________________CITY CLERKCITY OF CHULA VISTASTATE OF CALIFORNIA
FILED THIS ______ DAY OF ___________, 20__ AT THE HOUR OF _____ O'CLOCK __.M.IN BOOK _______, PAGE _____ OF MAPS OF ASSESSMENT AND COMMUNITYFACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTYOF SAN DIEGO, CALIFORNIA.
___________________________________COUNTY RECORDERCOUNTY OF SAN DIEGOSTATE OF CALIFORNIA
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL ENCOMPASSED BY THISMAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE SAN DIEGOCOUNTY ASSESSOR'S MAPS.
THE SAN DIEGO COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILSCONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.
1
D a vid so n S t/3RD AVEE S T R E E T
BROADWAYSR -54I-805
3
RD Av
e
MAP REFEREN C E NU MBER ASSESSOR'S PARC EL N U MBER1568-161-25-00
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February 21, 2023 1
City Council Meeting
Item 7.2
Backhouse Apartments
Community Facilities District
Annexation No. 17-I
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Backhouse Apartments Page 159 of 510
City of Chula Vista City Council
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Project Location
Otay Landfill
Sesame Place /
Amphitheatre
Village 3
Quarry
MSCP Preserve Area
Industrial
Otay River Valley / Preserve Area
Industrial / Residential
City
Parking Lot
Retail/
Office
Duplexes
Triplex
Medical Offices
Project
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BOUNDARY MAP Page 161 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
RECOMMENDATIONS
1.Hold a Public Hearing and Special Election
2.If affirmative vote, Adopt the Resolution
certifying the results of a Special Election in that territory
designated as Community Facilities District No. 17-I,
Annexation No. 2023-01 and adding such territory to
Community Facilities District No. 17-I.
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February 21, 2023
ITEM TITLE
Permit Processes and Regulations: Consideration of Amendments to Various Sections of the Chula Vista
Municipal Code to Streamline and Clarify Permit Processes and Regulations, Fix Outdated References, and
Align with State Law
Report Number: 23-0018
Location: No specific geographic location
Department: Development Services
Environmental Notice: The Project qualifies for an Exemption pursuant to Section 15061(b)(3) of the
California Environmental Quality Act State Guidelines.
Recommended Action
Place an ordinance on first reading amending Chula Vista Municipal Code Title 2 (Administration and
Personnel), Title 6 (Animals), Title 9 (Public Peace, Morals, and Welfare), Title 10 (Vehicles and Traffic), Title
12 (Streets and Sidewalks), Title 13 (Sewers), Title 14 (Watercourses), Title 15 (Buildings and Construction),
Title 17 (Environmental Quality), Title 18 (Subdivisions), Title 19 (Planning and Zoning), and Title 21
(Historic Preservation). (First Reading)
SUMMARY
This item consists of proposed amendments to the Chula Vista Municipal Code (CVMC) while covering
numerous topics. These updates will help streamline and clarify permit processes/regulations, fix outdated
references, and comply with State Law.
ENVIRONMENTAL REVIEW
The Director of Development Services reviewed the proposed legislative action for compliance with CEQA
and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines
Section 15061(b)(3). The action involves updates, modifications, and organizational changes to the CVMC
relating to City Department names and staff titles, section numbering, hearing and appeal processes for
zoning decisions, additions of definitions, and Code Enforcement processes and actions. The action of
updating and modifying the CVMC with procedural and clerical changes will not result in an intensification
of uses or a change in development potential within the City above what already is permitted under the
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existing land use and zoning policies of the CVMC. Based on an analysis of the nature and type of these
procedural and clerical changes to the CVMC, the action will not have a significant effect on the environment.
Therefore, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On December 14, 2022, the Planning Commission voted 7-0-0 to adopt Resolution No. 2022-015 (Attachment
2), recommending that the City Council adopt an Ordinance approving the CVMC amendments, with the
exception of the updates for Community Purpose Facilities (CPFs) and Family Day Care Homes.
Staff will bring back an item to the Planning Commission at a future date regarding proposed changes to the
language for CPFs. Family Day Care Homes has been added back into this item for Council consideration, as
the CVMC must be revised to comply with applicable State Law.
DISCUSSION
Background
Within the past five (5) years, as the amount and complexity of development has increased within the City,
so has the list of long-awaited and high priority CVMC (“Code”) amendments needed to remain relevant,
match the City’s growth and be compliant with State Laws. Recently, staff reconvened the Development
Oversight Committee (“Oversight Committee”), to assist staff in identifying areas of the Code needing updates
or revisions. These revisions aim to streamline and clarify permit processes/regulations, fix outdated
references, and comply with State Law.
In 2009, the Oversight Committee was formed to work with staff to identify areas within the Development
Services Department needing improvement and assist in the development of workable solutions. The
Oversight Committee is comprised of developers, business owners, community organizations, engineers,
architects, and contractors. The Oversight Committee met on a semi-regular but consistent basis from 2010
to 2017, and less frequently between 2017 and 2019 until completely curtailing during the COVID-19
pandemic. The Oversight Committee reconvened in August 2022 to provide feedback on the proposed Code
amendments for this item.
Moving forward, staff intends to address Code amendments and other work products on a semi-annual basis,
while also engaging with and reconvening the Oversight Committee on a more consistent basis.
Proposed Amendments
A list of all proposed Code amendments can be found within Table 1. Each individual item is grouped into
four (4) broader categories: Procedural, State Law Compliance, Land Use and Development, and Process
Improvements.
“Procedural” generally means revisions to procedures and/or formatting changes. This includes the
following items: 1) outdated department/manager titles needing to be updated; 2) removing old committees
which no longer exist; 3) adding new holidays to the City’s parking schedule; 4) consolidating section
numbers to each Title 19 (Planning and Zoning) definition and creating one overall Code number; and 5)
removal of outdated labels for specific population groups within Title 19 (Planning and Zoning).
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“State Law Compliance” includes revisions for State Law compliance. Only one item at this time is proposed,
pertaining to small and large family daycare homes.
“Land Use and Development” broadly covers revisions within Title 19 (Planning and Zoning) to use or
development standards. This includes the following items: 1) Massage Parlors; 2) Design Review Permit
Requirement; 3) R-3 Zoning Designation Height Standards; and 4) Addition of new zoning-related
definitions.
“Process Improvements” means updates to existing processes for projects and/or permits. This includes the
following items: 1) Scheduling of public hearings related to project appeals; 2) Short-Term Rental Permits;
6) enforcement/abatement of violations occurring within the public right-of-way (ROW).
Table 1 – Proposed Municipal Code Amendments
Procedural
Topic Issue Solution CVMC Location
Department and
Director Title Changes
Outdated Department
names and Director/
Manager titles, specifically
the Planning and Building
Department and Director of
Planning, still exist
throughout the Code,
primarily in Title 19
(Planning & Zoning).
Revise the Department
titles to Development
Services Department,
and, depending on the
context, change titles to
Director of Development
Services and Zoning
Administrator.
Title 6
(Animals)
Title 9 (Public
Peace, Morals
and Welfare)
Title 12
(Streets and
Sidewalks)
Title 14
(Watercourses)
Title 15
(Buildings and
Construction)
Title 17
(Environmental
Quality)
Title 19
(Planning and
Zoning)
Removal of CVRC and
DRC
The Chula Vista
Redevelopment
Corporation (CVRC) and
Design Review Committee
(DRC), City-created
groups/committees that no
longer exist, are still found
in the Code.
Remove references to
CVRC and DRC from the
Code.
Title 10
(Administration
and Personnel)
Title 19
(Planning and
Zoning)
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Addition of Juneteenth
Parking Holiday
The Chula Vista City Council
adopted the recognized
Federal holiday of
Juneteenth as a City Holiday
at their regular meeting on
June 14, 2022. It is not yet
reflected in the City’s
Parking Holiday Schedule.
Adds Juneteenth Holiday
as a recognized City
Holiday for parking
purposes.
Title 10
(Vehicles and
Traffic)
Definition Section
Numbers – Title 19
(Planning & Zoning)
If additional definitions are
added within Title 19 of the
Code, there may be future
conflicts with running out of
number options.
Remove section
numbers for definitions
within Title 19 and
consolidate all
definitions into one
Code section.
Title 19
(Planning and
Zoning)
Removal of Outdated
Labels for Specific
Population Groups
Outdated language
currently exists within Title
19 (Planning & Zoning), mis-
labeling what now could be
perceived as persons with
disabilities in the context of
nursing homes.
Remove the label
entirely, but keep the
original intent of
generally allowing a
nursing home as an
unclassified use.
Title 19
(Planning and
Zoning)
State Law Compliance
Topic Issue Solution CVMC Location
Small & Large Family
Day Care Homes
State Senate Bill 234
specifies that both small and
large family day care homes
shall be treated as a single-
family residential use.
Therefore, discretionary
approval shall no longer be
required.
Remove the
discretionary permit
requirement for both
small and large family
day care homes.
Title 19
(Planning and
Zoning)
Land Use & Development
Topic Issue Solution CVMC Location
Massage Parlors The use is not listed as a
permitted, conditionally
permitted, or unpermitted
uses anywhere within Title
19.
Add Massage Parlors as
a permitted by right use
within the Commercial-
Core (C-C) and
Commercial-
Thoroughfare (C-T)
zoning designations.
These zones were
selected due to research
indicating these
Title 19
(Planning and
Zoning)
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businesses are primarily
concentrated in the C-C
and C-T zones.
Design Review Permit
Requirement
A property owner of a legal
non-conforming single-
family dwelling in the R-3
zoning designation, who
wishes to do a simple
building addition, is
required to go through a
Design Review Permit
(which would normally be a
ministerial action). This is
because a Permit is required
for a modification of a
structure within a multi-
family zoning designation.
Current Code language does
not specify the type of
structure (i.e.: single-family
dwelling, duplex, dwelling –
multiple, etc.) requiring a
Design Review Permit.
Clarify that the
establishment, location,
expansion or alteration
of any multifamily
structures in all
multifamily residential
zones requires a Design
Review Permit.
Title 19
(Planning and
Zoning)
R-3 Zone Height
Standards
A discrepancy was found
within the height standards
for the R-3 zoning
designation, specifically the
R-3-M, R-3-T and R-3-G sub-
classifications. There is a
discrepancy between the
maximum story/building
height the Planning
Commission could approve,
and the minimum
story/building height
allowed in the R-3-H sub-
classification.
In addition, the R-3-L sub-
classification was missing
from the height standards
and now has been added to
the height standards
outlined for the R-3-H sub-
classification.
1. Eliminate the story
height standard
entirely from the R-3
zone, to focus solely
on building height.
2. Add the R-3-L sub-
classification to the
height standard
outlined for the R-3-H
sub-classification.
Title 19
(Planning and
Zoning)
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Zoning Definition
Additions
An increasing number of
industrial uses from the last
five (5) years focus on: 1)
the transfer/movement of
good purchased on websites
and smartphone
applications such as
Amazon; and 2) flexibility of
businesses using large
industrial buildings to store
and/or sell manufactured
goods.
Additionally, it was
recognized that no
definitions exist for: 1)
Interested Party, regarding
the latter topic of project
appeals; and 2) Self-Storage
Facility.
Add the following
definitions to Title 19, to
align with pre-existing
and emerging business
models/trends
specifically in industrial
zones, and, to address
uses not defined within
the Code:
E-Commerce
(Electronic
Commerce).
Fulfilment
Center.
Interested Party.
Self-Storage
Facility.
Warehousing
Facility.
Warehousing,
Logistics and
Distribution
Facility.
Warehousing
Sales, Retail.
Title 19
(Planning and
Zoning)
Process Improvements
Topic Issue Solution CVMC Location
Scheduling and Timing of
Public Hearings for
Project Appeals
Once a valid appeal
application has been
received, the City currently
has to set the public hearing
date within thirty (30)
calendar days.
Revise the process so
that once a valid appeal
application has been
received, the City has
thirty (30) calendar days
to generally set the
matter for public
hearing. Additionally,
that public hearing date
shall occur within sixty
(60) calendar days of
receiving a valid appeal
application.
Title 10
(Vehicles and
Traffic)
Title 12 (Streets
and Sidewalks)
Title 13
(Sewers)
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Title 14
(Watercourses
Title 15
(Buildings and
Construction)
Title 17
(Environmental
Quality)
Title 18
(Subdivisions)
Title 19
(Planning and
Zoning)
Title 21
(Historic
Preservation)
Short-Term Rental
Permits
Dwellings owned by active-
duty military members who
are deployed, sit vacant for
months on end. They can
instead be used to earn extra
income for deployed
families.
Separately, causes to deny
and/or issue a Short-Term
Rental Permit, and, to
modify, suspend, or revoke
an issued Permit, are
missing from this Chapter.
Expand the Short-Term
Rental Permit eligibility
requirements to include
active-duty military
members to utilize their
dwelling as a Short-
Term Rental while on
deployment.
Add reasons to deny
and/or issue a Short-
Term Rental Permit,
and, causes to modify,
suspend, or revoke an
issued Permit.
Title 5
(Business
Licenses, Taxes
and
Regulations)
Enforcement/Abatement
of Violations Within the
Public ROW
There is not enough clarity
regarding City enforcement
of violations within the
public ROW area, and
whether the responsibility
falls either on Code
Enforcement staff, or the
Police Department.
Change the enforcement
responsibility to reflect
that the Police
Department primarily
handles violations
within the street public
ROW area, and noise
violations. Code
Enforcement staff will
Title 12
(Streets and
Sidewalks)
Title 19
(Zoning)
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handle most private
property violations, and
also any that occur
between the property
line and curb area of the
public ROW.
The Oversight Committee was provided the draft Code amendments at their meeting on August 29, 2022,
with final comments provided by September 9, 2022. After an in-depth discussion and conversation, specific
feedback was given regarding public hearing dates for project appeals should occur no later than sixty (60)
days from application filing, a higher maximum height standard for the R-3 zone, objective performance
standards for large family daycare homes, and development standards for warehousing/distribution and
self-storage uses. The first two items are reflected within this Code update. The two latter items will
specifically be addressed in future Code updates. However, in general, the proposed draft revisions were met
with support.
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
There is no current-year fiscal impact to the General Fund or the Development Services Fund as a result of
this action.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action.
ATTACHMENTS
Attachment 1: City Council Ordinance
Attachment 2: Planning Commission Resolution No. 2022-015
Attachment 3: Draft Amendment related to Department and Director Title Changes
Attachment 4: Draft Amendment related to the removal of CVRC and DRC
Attachment 5: Draft Amendment related to the addition of the Juneteenth Parking Holiday
Attachment 6: Draft Amendment related to the removal of the Definition Section Numbers within Title 19
(Planning & Zoning)
Attachment 7: Draft Amendment related to the removal of Outdated Labels for Specific Population Groups
Attachment 8: Draft Amendment related to Small & Large Family Day Care Homes
Attachment 9: Draft Amendment related to Massage Parlors
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Attachment 10: Draft Amendment related to the Design Review Permit Requirements
Attachment 11: Draft Amendment related to the R-3 Zoning Designation Height Regulations
Attachment 12: Draft Amendment related to addition of new zoning-related definitions to Title 19 (Planning
& Zoning)
Attachment 13: Draft Amendment related to the Scheduling and Timing of Public Hearings for Project
Appeals
Attachment 14: Draft Amendment related to Short-Term Rental Permits
Attachment 15: Draft Amendment related to Public ROW Enforcement
Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services
Laura C. Black, AICP, Director of Development Services
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ORDINANCE NO. _________
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.24
(REDEVELOPMENT AGENCY), TITLE 6 (ANIMALS), TITLE 9
(PUBLIC PEACE, MORALS, AND WELFARE), TITLE 10
(VEHICLES AND TRAFFIC), TITLE 12 (STREETS AND
SIDEWALKS), TITLE 13 (SEWERS), TITLE 14
(WATERCOURSES), TITLE 15 (BUILDINGS AND
CONSTRUCTION), TITLE 17 (ENVIRONMENTAL QUALITY),
TITLE 18 (SUBDIVISIONS), TITLE 19 (PLANNING AND
ZONING), AND TITLE 21 (HISTORIC PRESERVATION)
WHEREAS, necessary amendments to the Chula Vista Municipal Code (“CVMC”) have
been identified to help further streamline and clarify permit processes and regulations, fix outdated
references, and comply with State Law; and
WHEREAS, in 2009, the Development Oversight Committee (“Oversight Committee”)
was formed to work with staff in identifying areas within the Development Services Department
needing improvement and assisting in developing workable solutions; and
WHEREAS, staff presented the draft code amendments to the Oversight Committee, which
recommended adoption; and
WHEREAS, the Director of Development Services reviewed the proposed legislative
action for compliance with the California Environmental Quality Act (“CEQA”) and determined
that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section
15061(b)(3). The action involves updates, modifications, and organizational changes to the CVMC
relating to City Department names and staff titles, section numbering, hearing and appeal processes
for zoning decisions, additions of definitions, and Code enforcement processes and actions. The
action of updating and modifying the CVMC with procedural and clerical changes will not result
in an intensification of uses or a change in development potential within the City above what
already is permitted under the existing land use and zoning policies of the CVMC. Based on an
analysis of the nature and type of these procedural and clerical changes to the CVMC, the action
will not have a significant effect on the environment; and
WHEREAS, the Planning Commission held an advertised public hearing on the subject
Ordinance and voted 7-0-0 to adopt Resolution No. 2022-015, excluding Community Purpose
Facilities and Family Day Care Homes, and thereby recommends that the City Council adopt the
Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the subject CVMC
amendments and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City, at least ten (10) days prior to the hearing.
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NOW THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
The City Council of the City of Chula Vista finds that the proposed amendments to the
CVMC identified in this Ordinance No. ____ qualifies for the “common sense” exemption under
State CEQA Guidelines Section 15061(b)(3). The action involves updates, modifications, and
organizational changes to the CVMC relating to City Department names and staff titles, section
numbering, hearing and appeal processes for zoning decisions, additions of definitions, and Code
enforcement processes and actions. The action of updating and modifying the CVMC with
procedural and clerical changes will not result in an intensification of uses or a change in
development potential within the City above what already is permitted under the existing land use
and zoning policies of the CVMC. Based on an analysis of the nature and type of these procedural
and clerical changes to the CVMC, the action will not have a significant effect on the environment.
Section I. Revision of Outdated Department and Manager Titles. The Chula Vista
Municipal Code is hereby amended as follows:
6.08.080 Kennels, catteries and pet shops – Permit prerequisites.
No permit for the activities included in this chapter shall be valid unless it shall have has
been certified by the Director of Development Services, Planning and Building or designee,
as not being in conflict with ordinances and local regulations concerning planning and
zoning.
9.40.030 Application for conversion or discontinuance of mobilehome or trailer
park.
A. Application for Conversion or Discontinuance. Prior to the approval of any rezoning,
subdivision map, or the issuance of any permit, including a building permit, which would
allow the use of any properties presently or hereinafter utilized for mobilehome or trailer
parks to be used for any purpose other than a mobilehome or trailer park, or prior to the
cessation of use of all or any part of a mobilehome or trailer park, an application to convert
from such use or to discontinue must be filed with the Community Development
Development Services Department. The requirements of this section shall be applicable
whether or not the mobilehome or trailer park is:
1. Located within an exclusive mobilehome park zone;
2. Located within a zone subject to conditional use permit; or
3. Entitled to be used as a mobilehome or trailer park based on nonconforming rights.
B. Application Requirements. The following information or documentation shall
constitute application for conversion or discontinuance of an existing mobilehome or trailer
park.
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1. A relocation plan which shall make adequate provision for the relocation of the
mobilehome or trailer owner/occupant who will be displaced by the discontinuance of
the use of the property for a mobilehome or trailer park;
2. A profile of the existing park, including:
a. Number of spaces,
b. Names and addresses of all mobilehome or trailer owner/occupants,
c. Date of manufacture of each home,
d. Replacement value of each home,
e. Estimated cost of relocation of each home,
f. Length of tenancy of each mobilehome or trailer owner/occupant,
g. Estimated income and age of each mobilehome or trailer owner/occupant;
3. A timetable for vacating the existing park;
4. Evidence satisfactory to the Community Development Director of Development
Services, or designee, that agreements satisfying the relocation assistance
requirements of this chapter have been offered to eligible mobilehome or trailer
owner/occupants. Such evidence may include, but is not limited to, the following:
a. Written agreements to relocate mobilehomes or trailers owned by low- and
moderate-income mobilehome or trailer owner/occupants,
b. Assistance for low- and moderate-income mobilehome or trailer
owner/occupants in the form of payment by the park owner of 75 percent, up to a
maximum of $3,000, of the cost of relocating the mobilehome or trailer to another
mobilehome or trailer park within 100 miles;
5. Evidence that the park owner has informed all mobilehome or trailer
owner/occupants in writing of alternative sites available to them;
6. Evidence that the park owner has agreed to purchase those homes of low- and
moderate-income mobilehome or trailer owner/occupants which are determined to be
not relocatable due to age and/or condition. Such purchases shall be based on standard
insurance replacement criteria;
7. Evidence that the displaced residents have been provided right of first refusal to
purchase, lease or rent any dwelling units or mobilehome or trailer spaces which may
be built on the subject property;
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8. A narrative summary of planned new use of property to be converted or reason for
non-use;
9. As an alternative to subsection (B)(4)(b) of this section, evidence that the park
owner has given the mobilehome or trailer owner/occupants a three-year notice to
vacate, said notice being pursuant to Section 798.56(f) of the Civil Code. If such a
three-year notice is given, the applicant must assist all low- and moderate-income
displaced mobilehome or trailer owner/occupants in accordance with the following
schedule:
If Mobilehome or
Trailer
Owner/Occupant
Vacates Before
End of
Portion of
Expenses
Paid by
Owner
Up to a
Maximum
of
First year 75% $3,000
Second year 50% $2,000
Third year 25% $1,000
C. Submittal to and Decision of the Community Development Director of Development
Services, or designee. All of the above application information shall be submitted to the
Community Development Director of Development Services, or designee. The Community
Development Director of Development Services, or designee, shall make hisa decision in
the following manner:
1. If the Community Development Director of Development Services, or designee,
determines that the application is complete and conforms with all regulations, policies
and guidelines, and that the relocation plan or other commitments by the park owner
mitigate the impact of conversion or discontinuance on the health, safety and general
welfare of persons residing in the mobilehome or trailer park, he shall grant the
application for conversion.
2. If the Community Development Director of Development Services, or designee,
determines that the application is not complete or it does not conform with all
regulations, policies and guidelines, or that the relocation plan or other commitments
by the park owner do not mitigate the impact of conversion or discontinuance on the
health, safety or general welfare of persons residing in the mobilehome or trailer park,
he shall deny the application for conversion.
3. The Community Development Director of Development Services, or designee,
may establish the date on which the resolution of conversion or discontinuance will
become effective. Such date shall not be more than three years from the date of
decision of the Community Development Director of Development Services, or
designee, or such earlier date as the applicant has complied with the provisions of an
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approved relocation plan and submitted evidence thereof to the Community
Development Director of Development Services, or designee.
4. In granting or denying the application for conversion or discontinuance of the
mobilehome or trailer park, the Community Development Director of Development
Services, or designee, shall make a written finding in rendering the decision and shall
fully set forth wherein the facts and circumstances fulfill or fail to fulfill the
requirements set forth herein.
5. A copy of this written finding of facts shall be filed with the City Clerk and the
Director of Development ServicesPlanning and Building, or designee, and shall be
mailed to the applicant and to the mobilehome or trailer owner/occupants of the
mobilehome or trailer park.
6. The decision of the Community Development Director of Development Services,
or designee, shall be final on the fifteenth day following the mailing of the decision to
the applicant and the mobilehome or trailer owner/occupants required in subsection
(C)(5) of this section, except when appeal is taken to the City Council as provided in
subsection (D) of this section.
D. Appeal from the Decision from the Community Development Director of Development
Services, or designee.
1. An appeal from the decision of the Community Development Director of
Development Services, or designee, on an application for conversion or
discontinuance of a mobilehome or trailer park may be taken to the City Council within
15 days following the decision of the Community Development Director. The appeal
may be taken by the applicant, any governmental body or agency, any owner of real
property located within the City or any resident of the City. The appeal shall be in
writing on a prescribed form and filed with the City Clerk. The appeal shall specify
wherein there was an error in the decision of the Community Development Director of
Development Services, or designee. If an appeal is filed within the time specified, it
shall automatically stay proceedings in the matter until a determination is made by the
City Council.
2. Upon the filing of the appeal, the Community Development Director of
Development Services, or designee, shall set the matter for public hearing before the
City Council at the earliest practicable date. The public hearing shall be noticed and
held in accordance with the provisions of this code. Notice of time and place and
purpose of such hearing shall be given as follows:
a. By at least one publication in the official newspaper of the City, not less than
10 days prior to the date of the hearing;
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b. By mailing notices at least 10 days prior to the date of such hearing to the
mobilehome or trailer park owner and to all mobilehome or trailer
owner/occupants of the mobilehome or trailer park.
3. Upon the hearing of the appeal, the City Council may by resolution affirm, reverse
or modify in whole or in part any determination of the Community Development
Director of Development Services, or designee, subject to the same limitations as are
placed upon the Community Development Director of Development Services, or
designee, by law and the provisions of this code. The resolution must contain a finding
of fact showing wherein the proposed development meets or fails to meet the
requirements herein.
4. The decision of the City Council shall be final unless appealed to a court of
competent jurisdiction.
E. Waiver. The Community Development Director of Development Services, or designee,
may recommend to the City Council the acceptance of other mitigating actions by the park
owner in lieu of the specific provisions herein if extreme economic hardship would result
for the park owner, or if other proposed mitigating actions have recommending benefit.
F. Notification Requirements. In addition to any notification requirements under the
California Civil Code, the following notification requirements shall apply to any
application for conversion or discontinuance of mobilehome or trailer park use:
1. A minimum of 10 calendar days prior to an applicant filing an application for
conversion or discontinuance of the mobilehome or trailer park, the applicant shall
give written notice to each mobilehome or trailer owner/occupant of the mobilehome
or trailer park of the proposed change. Such notice shall be subject to the prior approval
of the Community Development Director of Development Services, or designee.
2. No public hearing required hereunder to consider an application for conversion or
discontinuance of a mobilehome or trailer park use shall be held unless and until the
applicant submits to the Community Development Director of Development Services,
or designee, an affidavit approved as to form by the City Attorney declaring that the
applicant has given the notice required by this provision.
G. Penalty. Violation of any provision of this chapter by the owners of mobilehome or
trailer parks shall be deemed to be a misdemeanor subject to the penalties as established
by state law for misdemeanors. In addition thereto, any mobilehome or trailer
owner/occupant in a mobilehome or trailer park where conversion to other uses or
discontinuance has been sought or accomplished, and in which violations of the terms and
provisions of this chapter have occurred, may seek civil remedies for damages in
accordance with the relocation provisions contained herein, no later than one year from the
date of lease cancellation or eviction from the mobilehome or trailer park.
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Section 10.84.035 Citation authority.
The Director of Development Services (or designee)Planning and Building Director, code
enforcement officers and other employees designated by the Director of Development
ServicesPlanning and Building Director shall have the authority to enforce Chapters 10.52,
10.84 and 19.62 CVMC by issuing written notice of the violation.
Section 12.48.040 Existing buildings – Occupant duty to obtain number.
It shall be the duty of the lessee, occupant, or owner of any existing building to obtain the
proper building number from the Director of Planning and Building and to place this
number on said building within 30 days from July 18, 1969.
Section 12.48.050 New bBuildings – Occupant to place number on building when.
It shall be the duty of the lessee, occupant or owner of any new building to place the number
assigned by the Director of Development Services, or designee,Planning and Building on
said building on or before the day final inspection is made by the Building Inspector.
Section 12.48.060 Enforcement – Notice required – Occupant compliance
required.
A. If the Director of Development Services, or designee,Planning and Building finds any
building upon which the proper number has not been properly placed as required by this
chapter, theyhe may order the applicant, lessee, occupant or owner to obtain and properly
place such number within 10 days.
B. The posting of a notice upon the entrance door of such building shall meet the
requirements of this section for legal service of such notice or order.
C. It shall be the duty of the lessee, occupant and/or owner of said building to comply
with said order.
Section 12.50.020 Authority.
California Penal Code Section 556 provides that signs may be temporarily placed in public
rights-of-way only after the person placing the sign in the right-of-way has received the
lawful permission of the City by permit and in accordance with the restrictions on signs set
forth in this section. It shall be the responsibility of the Director of Development Services,
or designee, Planning and Building or his or her designee to receive applications and fees,
issue permit stickers, and monitor the temporary placement of portable signs.
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Section 12.50.040 Permit issuance.
A. Except for signs allowed under Section VIII of City Council Policy 465-02, no sign
shall be placed within any portion of the public right-of-way without first being issued a
temporary public right-of-way sign permit from the City of Chula Vista. To obtain a permit,
the requestor/permittee shall:
1. Complete and sign an application form as required by the Director of Development
Services, or designee Planning and Building.
2. Indemnify and hold the City, its officers, employees, and representatives harmless
from all liability for damage or claims for damage for personal injury, including death,
and claims for property damage, which may arise from the direct or indirect operations
of the permittees, agents, employees, or other persons acting on the permittees’ behalf
for all damages and claims for damages suffered or alleged to have been suffered by
reason of the obligations referred to in the permit, regardless of whether or not the City
approved plans or specifications or inspected any of the signs erected pursuant to this
permit.
3. Provide proof of and maintain in force policies or certificates of insurance, of
comprehensive public liability insurance in a combined single limit amount of at least
$1,000,000. Such insurance shall be procured from an insurer authorized to do
business in California, shall provide primary and not excess coverage, and shall name
the City of Chula Vista as additional insured. Lapse of valid insura nce shall
immediately render void any permit issued pursuant to this section.
4. Remit the permit fee. Permit stickers are issued on a calendar year basis and are
not prorated. The fee for the permit shall be set by the City Council. Two permit
stickers numbered alike shall be issued for each fee paid so that a permit is visible on
each side of every sign.
B. Permits are issued to an individual, business, or group and shall not be reassigned or
transferred.
Section 13.04.010 Definitions.
K. “Grease pretreatment device” shall mean a device conforming to the Uniform
Plumbing Code requirements for grease interceptors and/or grease traps approved by the
Director and the Director of Development Services, or designee,Planning and Building and
designed to remove grease from wastewater before it enters the building sewer.
Section 14.18.250 Duties of the Planning Director of Development Services.
The duties and responsibilities of the Planning Director of Development Services, or
designee, shall include, but not be limited to, assuring that the General Plan is consistent
with floodplain management objectives in this chapter.
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Section 15.18.040 Section 201.1 amended to remove designation of Assistant
Director of Planning and Building from the Building Official.
Section 201.1 of the Uniform Code for the Abatement of Dangerous Buildings, as it applies
in Chula Vista, shall read as follows:
Section 201.1 Administration. The building official is hereby authorized and
directed to enforce all the provisions of this code.
The building official shall have the power to render interpretations of this code
and to adopt and enforce rules and supplemental regulations in order to clarify the
application of its provisions. Such interpretations, rules and regulations shall be in
conformity with the intent and purpose of this code.
Section 15.18.050 Section 205.1 amended to reclassify the designation of Assistant
Director of Planning and Building to Building Officials within the Board of Appeals.
Section 205.1 of the Uniform Code for the Abatement of Dangerous Buildings, and the
title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 205.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and
interpretations of this code, there is hereby established a board of appeals and
advisors consisting of seven members who are qualified by experience and
training to pass upon matters pertaining to building construction, use and
occupancy. The building official shall be an ex-officio member who shall not be
entitled to vote and who shall act as secretary to the board. The board of appeals
and advisors shall be appointed by the mayor and confirmed by the city council.
The board shall render all decisions and findings in writing to the building official
with a duplicate copy to the appellant. Appeals to the board shall be process ed in
accordance with the provisions contained in Chapter 5 of this code or in
accordance with such procedures as may be prescribed by the city attorney of the
city of Chula Vista. The decision of the board is final. The board of appeals and
advisors shall recommend to the city council such new legislation deemed
necessary to govern construction, use and occupancy of structures in the city of
Chula Vista.
Section 15.20.025 Section 201.1 amended to remove the designation of Assistant
Director of Building and Housing from the Building Official.
Section 201.1 of the Uniform Housing Code, as it applies in Chula Vista, shall read as
follows:
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Section 201.1 Authority. The building official is hereby authorized and directed
to enforce all the provisions of this code. For such purpose, the building official
shall have the powers of a law enforcement officer.
The building official shall have the power to render interpretations of this code
and to adopt and enforce rules and regulations supplemental to this code as may
be deemed necessary in order to clarify the application of the provisions of this
code. Such interpretations, rules and regulations shall be in conformity with the
intent and purpose of this code.
Section 15.20.035 Section 203.1 amended to remove the designation of Assistant
Director of Building and Housing from the Building Official, regarding serving as
Advisor to the Housing Advisory and Appeals Board.
Section 203.1 of the Uniform Housing Code, and the title precedent thereto, as it applies
in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 203.1 General. In order to provide for reasonable interpretation of the
provisions of this code, to mitigate specific provisions of the code which create
practical difficulties in their enforcement and to hear appeals provided for
hereunder, there is hereby established a board of appeals and advisors consisting
of seven members who are qualified by experience and training to pass upon
matters pertaining to building construction, use and occupancy of residential
structures. The building official shall be an ex-officio member who shall not be
entitled to vote and who shall act as secretary to the board. The board of appeals
and advisors shall be appointed by the mayor and confirmed by the city council.
The board shall render all decisions and findings in writing to the building official
with a duplicate copy to the appellant. Appeals to the board shall be processed in
accordance with the provisions contained in Section 1201 of this code or in
accordance with such procedures as may be prescribed by the city attorney of the
city of Chula Vista. The decision of the board is final. The board of appeals and
advisors shall recommend to the city council such new legislation deemed
necessary to govern construction, use and occupancy of residential structures, in
the city of Chula Vista.
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Section 15.38.040 Subsection (a) of Section 104.1 amended to reclassify the
designation of Assistant Director of Planning and Building to Building Official within
the Board of Appeals.
Subsection (a) of Section 104.1 of the Urban-Wildland Interface Code, and the title
precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 104.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and
interpretations of this code, there is hereby established a Board of Appeals and
Advisors consisting of seven members who are qualified by experience and
training to pass upon matters pertaining to building construction, use and
occupancy. The building official and the fire marshal shall be ex-officio members
who shall not be entitled to vote. The building official shall act as secretary to the
Board. The Board of Appeals and Advisors shall be appointed by the mayor and
confirmed by the city council. The Board shall render all decisions and findings
in writing to the building official with a duplicate copy to the appellant. Appeals
to the Board shall be processed in accordance with the procedures as may be
prescribed by the City Attorney of the City of Chula Vista. The decision of the
Board is final. The Board of Appeals and Advisors shall recommend to the city
council such new legislation deemed necessary to govern construction, use and
occupancy of structures, in the City of Chula Vista.
Section 15.04.017 Other required permits.
Prior to the City’s issuance of a land development permit or clearing and grubbing permit,
the applicant shall show compliance with a habitat loss and incidental take (HLIT) permit
issued pursuant to Chapter 17.35 CVMC, for areas that contain sensitive biological
resources, as defined by CVMC 17.35.030, and are within:
A. Development areas outside of covered projects, as defined by CVMC 17.35.030;
B. Seventy-five (75) to 100 percent conservation areas, as defined by CVMC 17.35.030;
or
C. One hundred (100) percent conservation areas, as defined by CVMC 17.35.030.
Prior to the City’s issuance of a land development permit or clearing and grubbing permit
for areas that contain sensitive biological resources, as defined by CVMC 17.35.030, and
are within the development areas of covered projects, as defined by CVMC 17.35.030, the
applicant shall show compliance with all applicable provisions of previous project
entitlements issued by the City and with any applicable conditions of coverage listed in the
Chula Vista MSCP subarea plan, as determined by the Director of Development Services
Planning and Building or designee.
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Prior to the City’s issuance of a land development permit or clearing and grubbing permit
for areas that will result in impacts to wetlands or to listed noncovered species, as defined
by CVMC 17.35.030, the applicant shall obtain, and show compliance with, all applicable
federal and/or state permits.
Section 15.04.060 Landscaping and irrigation system.
All cut and fill slopes shall be planted and irrigated in accordance with an approved plan.
Said plan shall be prepared in accordance with the City landscape manual and shall be
approved by the City landscape architect, and the Director of Development Services
Planning and Building or designee, as necessary.
Section 15.04.100 Building construction – Land development permit required –
Prerequisite to building permit.
A. An owner of land desiring to do land development work incidental to and in connection
with the construction of a building or structure shall present an application and obtain a
land development permit or clearing and grubbing permit. The City Engineer may require
an on-site field inspection of the rough grading phase of the work between representatives
of the City’s Development Services Department Engineering, Planning and Building
Departments and the permittee; civil engineer; soil engineer; biologist, as defined by
CVMC 17.35.030; and engineering geologist, as appropriate, before the issuance of a
building permit. The permittee shall request a field inspection of the rough grading phase,
if required, five working days prior to the inspection. The rough grading phase of the land
development work described on form PW-E-106B shall be completed prior to the issuance
of a building permit except as provided below. The City may suspend any building permit
where it is found that land development work is being done or has been done without a
land development permit or clearing and grubbing permit until a land development permit
or clearing and grubbing permit is issued. The City may not certify to the completion of
the building where land development work has been done until a land development permit
is obtained and certified as complete.
Section 15.04.140 Completion of work – Final reports.
E. A final biology report, if determined necessary by the Director of Development
ServicesPlanning and Building or designee, which includes an assessment of the impacts
on sensitive biological resources affected by the land development work.
Section 15.04.145 Notification of completion.
The permittee shall notify the City Engineer when the land development work is ready for
final inspection. HeThey shall also notify the City Landscape Architect and the Director of
Development ServicesPlanning and Building, or designee, when planting and irrigation are
completed. Final approval shall not be given until all work, including installation of all
drainage structures and facilities, sprinkler irrigation systems, planting and all protective
devices, has been completed and any required planting established and all as-built plans
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and reports have been submitted. The City Engineer may accept in writing the completion
of all work, or any portion of the work, required by the permit issued in accordance with
this chapter and thereupon accept said work or portion thereof.
Section 15.04.150 Exemptions from applicability designated.
D. Excavation for foundations of buildings, structures, basements, cellars, swimming
pools or basins which are authorized by appropriate permits obtained from the
Development Services DepartmentPlanning and Building Department;
K. Clearing and grubbing in an area located entirely within a mapped development area,
as defined by CVMC 17.35.030, where it has been demonstrated to the satisfaction of the
Director of Development ServicesPlanning and Building, or designee, that no sensitive
biological resources, as defined by CVMC 17.35.030, exist;
Section 15.04.155 Contractor – Qualifications required.
Every person doing land development work shall meet such qualifications as may be
determined by the City Engineer and/or Director of Development Services, or
designee,Planning and Building to be necessary to protect the public interest. The City
Engineer and/or Director of Development Services, or designee, sPlanning and Building
may require an application for qualification which shall contain all information necessary
to determine the person’s qualifications to do the land development work.
Section 15.04.180 Private contract performance bond – Required when – Issuance
conditions generally.
Persons performing private contract work under a permit issued in accordance with this
chapter shall furnish a bond/bonds or cash deposit or instrument of credit executed by the
owner or his agent, or both, as principal in accordance with the provisions codified in this
section through CVMC 15.04.215.
The performance bond/bonds shall be issued by a surety company authorized to do business
in the state and shall be approved as to form by the City Attorney. The bond/bonds shall
be in favor of the City and shall be conditioned upon the completion, free of liens, of the
work authorized by the permit in accordance with the requirements of this chapter and the
conditions prescribed by the permit. Slope planting and irrigation bonds will be separate
from the performance bond requirements for appurtenant structures and grading. They will
be held with the Development Services Departmentin the office of the Director of Planning
and Building until satisfactory compliance with landscaping and irrigation has been
accepted.
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Section 15.04.270 Permits – Application – Detailed plans and specifications
required.
11. An erosion control plan as may be required by the City Engineer, or, the Director
of Development Services, or designeePlanning and Building.
Section 15.04.305 Fees – To be doubled in certain cases – Effect of imposition.
In the event that land development work is commenced without a land development or
clearing and grubbing permit, the City Engineer shall cause such work to be stopped until
a permit is obtained. The permit fee, in such instance, shall then be the normally required
permit fee, plus $500.00. The payment of the increased permit fees shall not relieve any
person from fully complying with the requirements of this chapter in the performance of
the work. Such fee shall defray the expense of enforcement of the provisions of this chapter
in such cases.
When land development work commences without a permit and results in damage to
sensitive biological resources, as defined by CVMC 17.35.030, restoration requirements
(including maintenance and monitoring) shall be imposed at the sole discretion of the
Director of Development Services, or designee,Planning and Building and the full cost of
the restoration shall be borne by the property owner.
When land development work is inconsistent with a permit issued pursuant to Chapter
17.35 CVMC and results in damage to sensitive biological resources, as defined by CVMC
17.35.030, restoration requirements (including maintenance and monitoring) shall be
imposed at the sole discretion of the Director of Development Services, or
designee,Planning and Building and the full cost of the restoration shall be borne by the
property owner. The payment of such fees or penalties as described above shall not prevent
the imposition of any penalty prescribed or imposed by this chapter, Chapter 1.41 CVMC,
or other federal or state law.
Section 17.35.030 Definitions.
“Biologist” means a person meeting the qualifications as established by the Director of
Development Services, or designee,Planning and Building and approved by the same. At a
minimum, the person shall have at least a four-year college degree in biology, zoology,
botany, wildlife management, or other closely related field, with at least two years’
experience conducting field investigations in San Diego County.
“Project area” means an area considered for development and shall include the entire
contiguous land under the same ownership or like property interest, or in the case of
development proposed by a public agency, the area required for development as determined
by the Director of Development Services, or designeePlanning and Building.
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17.35.060 Application for HLIT permit.
A. General Submittal Requirements. The following are general submittal requirements
for all HLIT permits:
1. Submit a completed application form to the City of Chula Vista Development
Services DepartmentPlanning and Building Department – planning division.
3. For project areas located in 100 percent conservation areas, 75 to 100 percent
conservation areas, development areas outside of covered projects with indicators or
the presence of narrow endemic species or wetlands, or as otherwise deemed necessary
by the biological survey as determined by the Director of Development
ServicesPlanning and Building, or his/her designee, the applicant shall prepare and
submit an opportunities and constraints analysis to evaluate the proposed development
and its relationship to the sensitive biological resources. The opportunities and
constraints identified shall be used to determine the portions of the project area that
are most suitable for development and those that should be conserved for biological
purposes. The opportunities and constraints analysis shall include:
d. Map of the project area at a suitable scale, which includes and clearly
delineates, to the satisfaction of the Director of Development Services, or
designeePlanning and Building, the following information:
4. Any other requirements deemed necessary by the Director of Development
Services, or designee,Planning and Building for consideration of the proposed HLIT
permit application.
(B)(1)f. Any other requirements deemed necessary by the Director of Development
Services, or designee,Planning and Building for consideration of the proposed HLIT permit
application.
(C)(1)f. Any other requirements deemed necessary by the Director of Development
Services, or designee,Planning and Building for consideration of the proposed HLIT permit
application.
Section 17.35.070 Permit process.
B. The HLIT permit may be approved, approved with conditions, or denied by the
Director of Development ServicesPlanning and Building, or his/her designee, without a
public hearing in accordance with CVMC 19.14.030, in the following circumstances:
C. For all other HLIT permit applications, the Director of Development ServicesPlanning
and Building or, and or his/her designee, may approve, conditionally approve, or deny such
permit at a public hearing noticed in accordance with CVMC 19.14.180. The decision
Director of Planning and Building decision may be appealed to the City Council in
accordance with CVMC 19.14.110 and 19.14.130.
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Section 17.35.080 Required findings for issuance of an HLIT permit.
(C)1. Prior to issuance of a land development permit or clearing and grubbing permit,
the project proponent will be required to obtain any applicable state and federal
permits, with copies provided to the Director of Development ServicesPlanning and
Building, or his/her designee.
Section 17.35.110 Mitigation.
(A)4. Mitigation for permanent impacts to narrow endemic species populations shall
be determined on a case-by-case basis by the Director of Development
ServicesPlanning and Building, or his/her designee, and may include such measures
as management, enhancement, restoration and/or transplantation. Mitigation shall be
in-kind and mitigation ratios for such measures shall be required at a 1:1 to 3:1 ratio
depending on the sensitivity of the species and population size and in accordance with
Section 5.2.3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and
as may be amended from time to time and the MSCP implementation guidelines.
(B)2. Mitigation for impacts to narrow endemic species populations shall be
determined on a case-by-case basis by the Director of Development ServicesPlanning
and Building, or his/her designee, and may include such measures as management,
enhancement, restoration and/or transplantation. Mitigation shall be in-kind and
mitigation ratios for such measures shall be at a 1:1 to 3:1 ratio depending on the
sensitivity of the species and population size and in accordance with Section 5.2.3 of
the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be
amended from time to time, and the MSCP implementation guidelines.
(C)2. Mitigation for permanent impacts to narrow endemic species populations shall
be determined on a case-by-case basis by the Director of Development
ServicesPlanning and Building, or his/her designee, and may include such measures
as management, enhancement, restoration and/or transplantation. Mitigation shall be
in-kind and mitigation ratios for such measures shall be at a 1:1 to 3:1 ratio depending
on the sensitivity of the species and population size and in accordance with Section
5.2.3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may
be amended from time to time, and the MSCP implementation guidelines.
Section 17.35.140 Emergencies.
A. If the emergency work involves only temporary impacts to sensitive biological
resources, a HLIT permit is not required, provided the sensitive biological resources are
restored to their natural state in accordance with a revegetation plan approved by the
Director of Development ServicesPlanning and Building, or his/her designee. The
revegetation plan shall be submitted to the City within 60 days of completion of the
emergency work.
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Section 17.35.180 Local coastal program.
Prior to issuance of an HLIT permit for any project located within the Chula Vista local
coastal plan (LCP) area, the applicant shall obtain a determination of project consistency
with the Chula Vista LCP from the Director of Development Services, or designeePlanning
and Building. If the project cannot be deemed consistent with the LCP, an LCP amendment
must be completed prior to issuance of the HLIT permit.
Section 19.04.002 Definitions and construction of terms generally.
Unless the context requires otherwise, the definitions codified in this chapter shall be used
in the interpretation and construction of this title; and words used in the present tense
include the future, the singular number shall include the plural, and the plural the singular;
the word “building” shall include the word “structure”; and the word “used” shall include
“arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or
“intended to be used”; and the word “shall” is mandatory and not directionary.
Whenever any of the following terms is used, it shall mean the corresponding officer,
department, board or commission of Chula Vista, herein referred to as the City: “Assessor,”
“City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director
of Public Works,” “Director of Development ServicesPlanning,” “Zoning Administrator,”
or “Building Inspector.” In each case, the term shall be deemed to include an employee of
any such officer or department of the City who is lawfully authorized to perform any duty
or exercise any power as his/her, or, its representative or agent.
Section 19.14.270 Procedures for enforcing conditional use permits and variances.
(C)3. A general explanation of the matter to be considered including the nature of the
recommendation by the Director of Development Services,Planning Director’s or their
designee recommendation;
Section 19.14.577 Precise plan approval – Modifications of the precise plan.
Requests for modifications shall be submitted to the Development Services Director in
written form and shall be accompanied by the required filing fee(s) and such additional
maps, statements or other information as may be required to support the modification. If
the proposed modification is deemed by the Development Services Director to be
insignificant in nature, the changes may be approved by the Director subject to the filing
of a written report to the Planning Commission and City Council. If, in the opinion of the
Director of Development Services, or designeePlanning, the proposed changes are
significant in scope, the applicant will be notified within 10 days of the written request that
a new application and hearing will be required.
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Section 19.14.830 Initiation application process.
C. Materials and Information. The City Manager shall maintain a list specifying the
materials and information to be submitted with each initiation application for a land use
plan amendment or a rezone. The list may be revised on a quarterly basis or as needed to
comply with revisions to local, state, or federal law, regulation, or policy. The subject list
shall be available at the Development Services Division of the Planning Department and
shall apply to all applications submitted.
Section 19.28.160 Landscaping.
All landscaping in the R-3 zone shall conform to the requirements as specified in the
landscaping manual of the City and as approved by the Director of Development
Services,Planning or designee.
Section 19.30.150 Landscaping.
All landscaping in the C-O zone shall conform to the requirements as specified in the
landscape manual and approved by the Director of Development Services, or
designeePlanning. Any parking visible from the street shall be screened with an appropriate
screen not less than four feet in height or a masonry wall of three and one-half feet in
height.
Section 19.34.210 Landscaping.
The site shall be landscaped in conformance with the landscape manual of the City, and
approved by the Director of Development ServicesPlanning or designee.
Section 19.36.090 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the City and
approved by the Director of Development Services or designeePlanning.
Section 19.38.080 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the City, and
approved by the Director of Development ServicesPlanning or designee.
Section 19.40.080 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the City, and
approved by the Director of Development Services or designee.Planning.
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Section 19.46.120 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the City, and
approved by the Director of Development Services or designee.Planning.
Section 19.48.040 Application – General development plan required – Contents
required.
(B)(6)d. Where recreational facilities are proposed to be located in CPF land use districts,
a CPF master plan is required. The master plan shall show the specific boundaries of said
plan which may be the SPA, GDP or planned community boundaries (or more than one
GDP as deemed appropriate by the Director of Planning and BuildingDirector of
Development Services, or designee); the distribution of existing and proposed CPF
designated parcels within the master plan area; and the tabulation of individual sites
acreages which shall be prepared and incorporated into the planned community’s sectional
planning area (SPA) plan and into the general development plan (GDP) if the CPF master
plan involves more than one SPA plan. The incorporation of the CPF master plan into the
SPA or GDP shall be done through a SPA or GDP amendment/adoption pursuant to CVMC
19.48.090 and 19.48.130.
Section 19.48.090 Sectional planning areas and sectional planning area plans –
Requirements and content.
(C)1. A site utilization plan of the sectional planning area at a scale of one inch equals
200 feet minimum or as determined by the Director of Development Services, or
designee Planning. The plan shall extend a minimum of 300 feet beyond the
boundaries of the sectional planning area and show the following:
Section 19.52.020 Permitted uses – Approval required – Application – Planning
Commission and City Council action.
B. An application for approval shall be filed with the Planning Department in a manner
prescribed by the Planning Commission and shall contain sufficient data and information
to assure a full presentation of the proposed use and the type of improvements and
structures to be constructed. The Director of Development Services, or designee,Planning
shall, at the earliest possible date, forward the application to the Planning Commission and
thereafter to the City Council. Failure of the Planning Commission and the City Council to
act on said application within 20 days of the submission date shall be deemed approvedal
of the application as submitted. The Planning Commission and the City Council may
approve, conditionally approve, or disapprove such applications. No continuance or
extension of time beyond the periods set forth herein shall be permitted except upon the
stipulation of the applicant.
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Section 19.56.230 H hillside modifying district – Method for computing average
natural slope – Formula.
Using a scale and contour interval deemed appropriate by the Director of Development
Services, or designeePlanning, the applicant shall show the boundaries of his site, proposed
land uses and acreages of each land use, and the average natural slope of the residential
acreage of the site, using the following formula:
Section 19.58.042 Carnivals and circuses.
D. The site shall be cleared of weeds and obstructions. Fire regulations shall be met as
established by the fire marshal including inspection prior to opening. Security guards as
required by the Police Department shall be provided. Uniformed parking attendants are to
be determined by the Traffic Engineer. The number of sanitary facilities shall be as
determined by the Development Services Department of Planning and Building. All
electrical installations shall be inspected and approved by the Development Services
Department of Planning and Building.
Section 19.58.055 Auctions of vehicles, heavy machinery and equipment.
E. All areas shall be properly paved, striped and improved to City standards, and screened
to the satisfaction of the City Engineer and the Director of Development Services, or
designee)Planning.
Section 19.58.090 Club, country – Golf course.
C. Swimming pools, tennis courts, and the like shall be located not less than 25 feet from
any property line, and when adjoining property in an R or C zone, shall be effectively
landscaped, subject to the approval of the Director of Development Services or
designeePlanning and Building.
Section 19.58.130 Dwelling groups.
J. Development proposed on existing natural topography having an average natural slope
of 10 percent or greater, and with less than 10 percent of the site to be graded, shall be
subject to the approval of the Director of Development Services Planning or designee, who
shall consider whether such development will adversely affect adjacent properties or
development.
N. The development shall be subject to site plan and architectural approval of the Director
of Development Services or designee Planning.
Section 19.58.142 Electrical generating facilities.
(B)12. All development shall be subject to site plan and architectural approval
through the Director of Development Services or designee.
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Section 19.58.178 Hazardous waste facilities.
D. Notice of Intent To Apply – Application for a Land Use Decision – Completeness of
Application.
1. Pursuant to the provisions of State Health and Safety Code Section 25199.7(a) and
(b), at least 90 days before filing an application for a conditional use permit for a
hazardous waste facility, the applicant shall file with the Planning Department and
with the Office of Permit Assistance in the State Office of Planning and Research a
notice of intent (NOI) to make the application. The NOI shall be on such form as
approved by the Director of Development Services, or designeePlanning, and shall
specify the project location to which it applies, and contain a complete description of
the nature, function, and scope of the project.
5. Within 30 days of the filing of the NOI, the applicant shall schedule a
preapplication conference with the Planning Department to be held not later than 45
days thereafter, at which time the applicant and the Planning Department shall discuss
information and materials necessary to evaluate the application. Within 30 days after
this meeting, the Director of Development Services, or designee,Planning shall inform
the applicant, in writing, of all submittals necessary in order to deem the conditional
use permit application complete.
6. The applicant may not file an application for a conditional use permit unless the
applicant has first complied with the above items, and presented the required
application fee. Furthermore, said application shall not be considered and acted upon
until it is deemed complete as provided by CVMC 19.14.070, and until all materials
necessary to evaluate the application as set forth by the Director of Development
Services, or designee,Planning pursuant to subsection (D)(5) of this section have been
received and accepted as to content.
Section 19.58.320 Tract office, temporary.
B. If alterations are needed in the initial conversion from a house to a temporary office,
the following shall be done: a $250.00 penal bond shall be filed with the City Clerk to
assure said work will be completed. Upon a recommendation from the Director of
Development Services, or designeePlanning and Building or his authorized deputy, hethey
shall approve or reject the final alteration work.
Section 19.58.330 Trailers.
B. It is unlawful to use a trailer, excluding commercial coach units, as a business office
in any zone; except, that a general contractor and/or property owner or lessee may obtain
a temporary permit for the parking of one or more mobilehomes, motor homes, campers or
travel trailers for watchmen, supervisory or other special personnel, or for use as a
temporary office at or immediately adjoining a major construction site upon
commencement of such construction. Any such permit shall be issued only by the Director
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of Development Services, or designee, Planning and Building of the City after an
application, in writing, is submitted by the general contractor specifying:
Section 19.58.340 Recycling and solid waste storage.
A. All subdivisions or any new construction requiring a building permit and costing more
than $20,000 to construct (“qualifying project”) shall include adequate, accessible, and
convenient areas dedicated for the accumulation, temporary storage and removal of
designated recyclables and solid waste. These recycling and solid waste areas shall be
enclosed within a minimum five-foot-high masonry wall or higher if deemed necessary by
the Director of Development Services, or designee, Planning to adequately screen the area,
built to standards adopted by the City for a freestanding wall (No. 4 steel and fully grouted)
and shall be designed to accommodate the containers used by the recycling and solid waste
service company contracted with the City. A wooden enclosure may be substituted for a
wall in the C-O zone and multiple-family zones by the Development Services Director of
Development Services, or designee.
D. The precise location of any recycling and solid waste area shall be approved by the
Director of Development Services, or designee,Planning upon review of the site plan.
Recycling and solid waste areas shall be accessible and convenient to both the occupants
and franchise hauler and shall only be used for the temporary storage, collection and
loading of solid waste and recyclables.
Section 19.58.350 Commercially zoned double frontage lots.
B. A six-foot-high decorative masonry wall shall be constructed across the entire width
of the parcel at a minimum of 10 feet behind the edge of the sidewalk or as otherwise
designated by the Zoning Administrator. The design of the wall shall be uniform
throughout the area in which located, and such design shall be subject to the approval of
the Director of Development Services, or designeePlanning.
C. The area between the wall and the edge of the sidewalk shall be permanently
landscaped. Such landscaped area shall be provided with an automatic irrigation system
and shall be permanently maintained and kept free of debris. A landscape plan shall be
submitted to the Development Services Director of Development Services, or designee, for
approval prior to any planting.
F. If new or enlarged commercial development occurs adjacent to the existing dwelling
units which face a local street, a fence separating the property shall also be constructed on
the side lot line, the length of such fence to be determined by the Development Services
Director of Development Services, or designee. Such a fence may be of wood construction.
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Section 19.58.370 Outside sales and display – Permanent and temporary.
(B)(1)i. Only merchandise customarily sold on the premises shall be considered for
temporary outside sales and display; provided, that all other requirements of this section
are met, the Director of Development Services, or designee, shall make an exception for
temporary holiday sales (e.g., Christmas tree and pumpkin patch lots).
Section 19.58.400 Recreational vehicle storage yards.
An application to establish a recreational vehicle (RV) storage yard (storage area for
motorhomes, camping trailers, boats and other recreation equipment) shall address the
following issues: (1) height limit for stored items, (2) screening (landscaping and fencing),
(3) surfacing, (4) access to the site, (5) office facilities, (6) customer parking, (7) lighting,
(8) hours of operation, (9) security, (10) signing, (11) surrounding land uses and structures.
The application shall also be accompanied by a comprehensive list of items which would
be eligible for storage. Any subsequent additions to the list shall be subject to the approval
of the Development Services Director of Development Services, or designee.
Section 19.60.060 Definitions.
“Director” means the City of Chula Vista Director of Development Services, or such
Director’s designee.Planning and Building or such Director’s designee.
Section 19.60.810 Processing of applications.
B. Completeness. The Zoning Administrator shall determine whether the application
contains all the information and items required by this chapter. If it is determined that the
application is not complete, the applicant shall be notified in person or in writing within 30
days of the date of receipt of the application that the application is not complete and the
reasons therefor, including any additional information necessary to render the application
complete. The applicant shall then have 30 calendar days to submit additional information
to render the application complete; failure to do so within the 30-day period shall render
the application void. Within 30 days following the receipt of an amended application or
supplemental information, the Planning Director, or designee, shall again determine
whether the application is complete in accordance with the procedures set forth in this
subsection. Evaluation and notification shall occur as provided above until such time as the
application is found to be complete (the “application date”).
F. Decisions. Where an application is denied by the Zoning Administrator, or the Design
Review Committee, Planning Commission or City Council on appeal, the applicant shall
be informed in writing of the changes necessary in order to approve the application. If the
applicant chooses to amend the application to reflect said changes, the Zoning
Administrator shall grant the permit within 30 days of when a complete and conforming
application is submitted.
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I. Multiple Sign Applications. When an application proposes two or more signs, the
application may be granted either in whole or in part, with separate decisions as to each
proposed sign. When an application is denied in whole or in part, the Director or their
designee’s written notice of determination shall specify the grounds for such denial.
J. Revocation or Cancellation. The Director, or designee, shall revoke any approval upon
refusal of the holder thereof to comply with the provisions of this chapter after written
notice of noncompliance and at least 15 days’ opportunity to cure.
Section 19.66.030 Applicability and scope of provisions.
Only those uses specified in the industrial zones as subject to performance standards, and
uses accessory thereto, are subject to performance standards review procedures specified
in this chapter in obtaining a zoning permit, unless either the Building Inspector, or, the
Director of Development Services, or designee,Planning has reasonable grounds to believe
that any other proposed use, regardless of zone, is likely to violate performance standards,
in which event the applicant shall comply with the performance standards procedures.
Section 19.68.030 Exterior noise limits.
(A)3. Where doubt exists when making identification of receiving land use, the
Director of Development Services, or designee,Planning and Building may make an
interpretation.
Section 19.68.070 Exceptions.
B. Any person seeking exceptions pursuant to this section shall file an application with
the Director of Development Services, or designeePlanning and Building. The application
shall be submitted and processed in the same manner as conditional use permits. The
application shall contain information which demonstrates that bringing the source of sound
or activity for which the exception is sought into compliance with this chapter would
constitute an unreasonable hardship on the applicant, on the community, or on other
persons.
Section 19.68.078 Enforcement.
B. Environmental Noise.
1. Classification of Environmental Noise. The enforcement officer shall determine
that any given obtrusive noise condition that falls within the definition of
environmental noise disturbance, pursuant to CVMC 19.68.020, is an environmental
noise. The enforcement officer may use Appendix A in CVMC 19.68.090, as an aid in
making such determinations. The Director of Development Services, or
designee,Planning and Building may make determinations classifying noise sources
not specifically mentioned in Appendix A.
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2. Responsibility. The Planning and Building Director of Development Services, or
designee, shall be responsible for investigation and enforcement of environmental
noise disturbances.
3. Guidelines. The Planning and Building Director of Development Services, or
designee, may, from time to time, promulgate guidelines for administration and
enforcement of the provisions of this chapter pertaining to noise violations.
C. Nuisance Noise.
1. Classification of Nuisance Noise. The Chief of Police shall determine that any
given obtrusive noise condition that falls within the definition of nuisance noise
disturbance, pursuant to CVMC 19.68.020, is a nuisance noise. The Chief of Police
may use Appendix A as an aid in making such determinations. At the request of the
Chief of Police, the Director of Development Services, or designee,Planning and
Building may make determinations for classifying nuisance noise sources not
specifically mentioned in Appendix A.
Section 19.69.090 Financial assurances for reclamation.
E. Revisions to financial assurances shall be submitted to the Director of Development
Services, or designee,Planning and Building each year prior to the anniversary date for
approval of the financial assurances. The financial assurance shall cover the cost of existing
disturbance and anticipated activities for the next calendar year, including any required
interim reclamation. If revisions to the financial assurances are not required, the operator
shall explain, in writing, why revisions are not required.
Section 19.69.110 Modification to approved surface mining operation.
An approved conditional use permit, reclamation plan, or any conditions thereof, may be
revised or modified in the same manner as provided for a new application, including the
requirement for environmental impact review. Requests for minor modifications may be
submitted to the Director of Development Services, or designeePlanning and Building. If
in the Director’s sole determination the requested modification is in substantial
conformance with approved plans, the Director may approve said modification.
Section II. Removal of Committees No Longer in Existence. The Chula Vista Municipal
Code is hereby amended as follows:
2.24.030 Implementation of Redevelopment Agency functions in designated
areas by Chula Vista Redevelopment Corporation.
In accordance with Chapter 2.55 CVMC, and notwithstanding any provision of this
chapter, the Chula Vista Redevelopment Corporation shall carry out those duties of the
Redevelopment Agency as set forth in CVMC 2.55.050 and 2.55.060 within those
geographic areas of the City that the City Council designates as areas within which the
Chula Vista Redevelopment Corporation has the authority to exercise planning and
redevelopment functions. (Ord. 3009 § 1, 2005).
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Section 19.14.020 Zoning Administrator – Creation of position – Authority.
A. In order to relieve the Planning Commission, the Historic Preservation Commission or
Chula Vista Redevelopment Corporation, within designated redevelopment project areas,
of certain routine functions necessary to the proper administration of this chapter, a Zoning
Administrator is created.
Section 19.14.070 Conditional use permit – Application – Fee – Public hearing.
B. In the case of hazardous waste facilities as defined in CVMC 19.04.107, applications
for conditional use permits or modifications thereto shall be made pursuant to CVMC
19.58.178, and shall be considered by the Planning Commission, or Chula Vista
Redevelopment Corporation for projects within a designated redevelopment project area,
with a recommendation to be forwarded to the City Council for final review and action.
The requirements of CVMC 19.14.090 shall apply to both the Planning Commission, or
Chula Vista Redevelopment Corporation for projects within a designated redevelopment
project area, recommendation and the City Council resolution, with the following
modifications:
(B)2. The decision of the Planning Commission, or Chula Vista Redevelopment
Corporation for projects within a designated redevelopment project area, shall
constitute a recommendation only, and shall neither be a final decision nor subject to
appeal.
Section 19.14.080 Conditional use permit – Prerequisites for granting.
After the public hearing, the Zoning Administrator, or as the case may be, Planning
Commission, or Chula Vista Redevelopment Corporation for projects within a designated
redevelopment project area, may, by resolution, grant a conditional use permit if it finds
from the evidence presented at said hearing that all of the following facts exist:
Section 19.14.090 Conditional use permit – Public hearing procedure – Finding of
facts.
Not more than 10 business days following the decision, the decision maker, whether
Zoning Administrator, or Planning Commission, or Chula Vista Redevelopment
Corporation for projects within a designated redevelopment project area, shall make a
written finding specifying the acts relied upon in rendering said decision, fully setting forth
the facts and circumstances that fulfill or fail to fulfill the requirements of this section and
CVMC 19.14.080, and, in situations where approval was granted, the conditions and
safeguards deemed necessary and desirable for such approval. A copy of this written
finding of facts shall be filed with the Development Services Director and mailed to the
applicant. The decision shall become final on the eleventh day following the decision,
except where appeal is taken as provided herein.
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Section 19.14.260 Conditional use permit or variance – Time limit for utilization
– Void when – Extensions – Validity.
C. Application for an Extension. Prior to the expiration of a permit, the appropriate
decision maker, whether the Zoning Administrator, or the Planning Commission, or Chula
Vista Redevelopment Corporation for projects within a designated redevelopment project
area, whichever heard the original application, may grant an extension of time contained
in a then-current and valid variance or conditional use permit without a public hearing upon
written request of the property owner; provided, that:
Section 19.14.270 Procedures for enforcing conditional use permits and variances.
(H)2. If the permitting authority is the Planning Commission or Chula Vista
Redevelopment Corporation, an appeal shall be filed with the City Council;
Section 19.20.040 Conditional uses.
The following uses shall be permitted in the A zone,; provided, a conditional use permit is
issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects with a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.22.040 Conditional uses.
The following uses shall be permitted in the R-E zone,; provided, a conditional use permit
is issued by the Planning Commission or Chula Vista Redevelopment Corporation for
projects with a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.24.040 Conditional uses.
The following uses shall be permitted in the R-1 zone;, provided, a conditional use permit
is issued by the Planning Commission or Chula Vista Redevelopment Corporation for
projects with a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.26.040 Conditional uses.
The following uses shall be permitted in the R-2 zone,; provided, a conditional use permit
is issued by the Planning Commission or Chula Vista Redevelopment Corporation for
projects with a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020.
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Section 19.28.040 Conditional uses.
The following uses shall be permitted in the R-3 zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.34.030 Conditional uses.
The following uses shall be permitted in the C-N zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.36.030 Conditional uses.
The following uses shall be permitted in the C-C zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.38.030 Conditional uses.
The following uses shall be permitted in the C-V zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.40.030 Conditional uses.
The following uses shall be permitted in the C-T zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.42.040 Conditional uses.
The following uses shall be permitted in the I-R zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
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Section 19.44.040 Conditional uses.
The following uses shall be permitted in the I-L zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.46.040 Conditional uses.
The following uses shall be permitted in the I zone; provided, a conditional use permit is
issued by the Planning Commission, or Chula Vista Redevelopment Corporation if located
within a designated redevelopment project area, or for unclassified uses as defined in
CVMC 19.54.020:
Section 19.47.040 Conditional uses.
The following uses shall be permitted in the P-Q zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation if
located within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.60.510 Commercial – Administrative and professional office (C-O)
zone.
F. The Design Review Committee Zoning Administrator may reduce sign areas and height
below those authorized above based on the sign guidelines and criteria contained in the
design manual, without consideration of the graphic design of the copy or message
displayed on the sign.
Section 19.60.530 Neighborhood commercial (C-N) zone.
E. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized above based on the sign guidelines and criteria contained in the design
manual, without consideration of the graphic design of the copy or message displayed on
the sign.
Section 19.60.540 Central commercial (C-C) zone.
E. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized above based on the sign guidelines and criteria contained in the design
manual, without consideration of the graphic design of the copy or message displayed on
the sign.
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Section 19.60.550 Visitor commercial (C-V) zone.
E. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized based on the sign guidelines and criteria contained in the design manual,
without consideration of the graphic design of the copy or message displayed on the sign.
Section 19.60.560 Commercial thoroughfare (C-T) zone.
G. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized above based on the sign guidelines and criteria contained in the design
manual, without consideration of the graphic design of the copy or message displayed on
the sign.
Section 19.60.570 Industrial research (I-R) zone.
E. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized above based on the sign guidelines and criteria contained in the design
manual, without consideration of the graphic design of the copy or message displayed on
the sign.
Section 19.60.580 Limited industrial (I-L) zone.
E. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized above based on the sign guidelines and criteria contained in the design
manual, without consideration of the graphic design of the copy or message displayed on
the sign.
Section 19.60.590 General industrial (I) zone.
D. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized consideration of the graphic design of the copy or message displayed on
the sign.
Section 19.60.810 Processing of applications.
D. Method of Review. The method of review is standard compliance review. The Zoning
Administrator, or the Design Review Committee, Planning Commission or City Council
on appeal, shall determine whether approval shall be granted for any sign based on its
conformance with the regulations and design standards set forth herein and in the City
design manual, without consideration of the graphic design of the copy or message
displayed on the sign.
F. Decisions. Where an application is denied by the Zoning Administrator, or the Design
Review Committee, Planning Commission or City Council on appeal, the applicant shall
be informed in writing of the changes necessary in order to approve the application. If the
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applicant chooses to amend the application to reflect said changes, the Zoning
Administrator shall grant the permit within 30 days of when a complete and conforming
application is submitted.
19.62.100a Parking areas – Surfacing requirements – Waiver permitted
when.
Any off-street parking areas shall be surfaced in accordance with CVMC 19.62.100b,
Surfacing standards for private vehicular areas, so as to provide a durable and dustless
surface, and shall be so graded and drained as to dispose of all surface water accumulated
within the area, and shall be so arranged and marked as to provide the orderly and safe
loading or unloading and parking and storage of vehicles. The Planning Commission, or
Chula Vista Redevelopment Corporation for projects within a designated redevelopment
project area, may by resolution, waive or modify the standards for any use within the
agricultural zone, or any use deemed as temporary (operating for a maximum of one year);
provided, however, such temporary use shall be done in accordance with the surfacing
standards noted in CVMC 19.62.100b(A).
19.62.100b Surfacing standards for private vehicular areas.
Areas upon private property which are required to be surfaced per the various City
regulations, or pursuant to conditional approval of the Planning Commission, or Chula
Vista Redevelopment Corporation for projects within a designated redevelopment project
area, shall be surfaced in accordance with the requirements contained herein and with the
standard specifications for public works construction and any amendments or supplements
thereto, including the San Diego regional supplement amendments and the City of Chula
Vista standard special provisions. Such requirements shall apply to all areas to be surfaced
for the movement, parking or storage of vehicles except as specifically noted.
19.62.130 Waiver or modification of provisions permitted when.
The Planning Commission or Chula Vista Redevelopment Corporation for projects within a
designated redevelopment project area may, by resolution, waive or modify the provisions as
herein set forth, establishing required parking areas for such uses as electrical power generating
plants, electrical transformer stations, utility or corporation storage yards or other uses requiring a
very limited number of persons as compared to the number of persons required by the usual
industry of comparable size expressed in square footage.
Section III. Addition of the Juneteenth Parking Holiday. The Chula Vista Municipal
Code is hereby amended as follows:
Section 10.08.110 Holidays.
“Holidays,” within the meaning of this chapter, are:
A. January 1st, known as New Year’s Day.
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B. The third Monday in January, known as Dr. Martin Luther King, Jr. Day.
C. February 12th, known as Lincoln’s birthday.
D. The third Monday in February, known as Washington’s birthday.
E. March 31st, known as Cesar Chavez Day.
F. The last Monday in May, known as Memorial Day.
G. June 19th, known as Juneteenth.
GH. July 4th, known as Independence Day.
HI. The first Monday in September, known as Labor Day.
IJ. September 9th, known as Admission Day.
JK. November 11th, known as Veterans Day.
KL. The fourth Thursday in November, known as Thanksgiving Day.
LM. The fourth Friday in November, the day after Thanksgiving Day.
MN. December 25th, known as Christmas Day.
Section IV. Removal of Individual Section Numbers for Zoning-Related Definitions.
The Chula Vista Municipal Code is hereby amended as follows:
Chapter 19.04 (DEFINITIONS)
Sections:
19.04.002 Definitions and construction of terms generally.
19.04.004 Access.
19.04.006 Accessory use or structure.
19.04.007 Adult bookstore. Repealed.
19.04.007A Adult motion picture theater. Repealed.
19.04.007B Adult mini-motion picture theater. Repealed.
19.04.008 Agent of owner.
19.04.010 Agriculture.
19.04.012 Alley.
19.04.013 Amusement facility.
19.04.014 Apartment, efficiency. Repealed.
19.04.015 Auction.
19.04.016 Automobile dismantling.
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19.04.018 Automobile or trailer sales area.
19.04.020 Automobile repair, major.
19.04.022 Automobile maintenance and repair, minor.
19.04.024 Automobile service station.
19.04.026 Basement.
19.04.028 Beginning of construction.
19.04.030 Block.
19.04.032 Boardinghouse or lodginghouse.
19.04.034 Boatel.
19.04.035 Body painting studio. Repealed.
19.04.036 Building.
19.04.038 Building, height of.
19.04.039 Building, high rise.
19.04.040 Building line map.
19.04.042 Building, main.
19.04.044 Bulkhead.
19.04.045 Carnival.
19.04.046 Carport.
19.04.047 Cabaret. Repealed.
19.04.048 Cellar.
19.04.050 Chula Vista General Plan.
19.04.051 Coin-operated adult entertainment facility. Repealed.
19.04.052 Commission.
19.04.054 Communication equipment building or use.
19.04.055 Community purpose facility.
19.04.056 Council.
19.04.058 Court.
19.04.060 Coverage.
19.04.062 Crop and tree farming.
19.04.063 Dance floor.
19.04.064 Day nursery.
19.04.065 Day spa.
19.04.066 Development unit.
19.04.068 Distance between residential structures.
19.04.070 Dock.
19.04.072 Driveway.
19.04.074 Dwelling.
19.04.076 Dwelling group.
19.04.078 Dwelling, single-family.
19.04.080 Dwelling, two-family or duplex.
19.04.082 Dwelling, multiple.
19.04.084 Dwelling, townhouse.
19.04.086 Dwelling unit.
19.04.087 Dwelling, accessory dwelling unit.
19.04.088 Efficiency living unit.
19.04.089 Electrical generating facilities.
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19.04.089.2 Emergency shelter.
19.04.090 Essential services.
19.04.092 Family. Repealed.
19.04.093 Family day care.
19.04.094 Family day care home, large.
19.04.095 Family day care home, small.
19.04.096 Filling station.
19.04.097 Floor area ratio (residential).
19.04.098 Full-time foster home.
19.04.100 Garage, private.
19.04.102 Garage, public.
19.04.104 General development plan.
19.04.106 Guest house.
19.04.107 Hazardous waste facility.
19.04.108 Home occupation.
19.04.110 Hospital.
19.04.112 Hotel/motel.
19.04.114 Houseboat.
19.04.116 Junkyard.
19.04.118 Kennel.
19.04.120 Kitchen or kitchenette.
19.04.122 Landscape manual.
19.04.124 Landscaping.
19.04.126 Lot.
19.04.128 Lot area.
19.04.130 Lot, corner.
Lot Coverage.
19.04.132 Lot depth.
19.04.134 Lot, interior.
19.04.136 Lot line, front.
19.04.138 Lot line, interior.
19.04.140 Lot line, rear.
19.04.142 Lot line, side.
19.04.144 Lot line, street or alley.
19.04.146 Lot lines.
19.04.148 Lot of record.
19.04.150 Lot, through.
19.04.152 Lot width.
19.04.153 Massage parlor.
19.04.154 Mobilehome.
19.04.155 Model studio. Repealed.
19.04.156 Motor hotel, including motel and hotel. Repealed.
19.04.157 Narcotic or drug paraphernalia shop.
19.04.158 Nonconforming structure.
19.04.160 Nonconforming use.
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19.04.162 Nursing home.
19.04.164 Off-shore.
19.04.166 On-shore.
19.04.168 Open space, usable.
19.04.169 Park.
19.04.170 Parking area, private.
19.04.172 Parking area, public.
19.04.174 Parking space.
19.04.176 Performance standards.
19.04.178 Permitted use.
19.04.179 Pet shop.
19.04.180 Pharmacy, prescription.
19.04.182 Planned development permit.
19.04.184 Poultry farm.
19.04.188 Prescription pharmacy.
19.04.190 Public/quasi-public.
19.04.191 Qualified employee housing.
19.04.192 Recreation, commercial.
19.04.194 Recreation, private, noncommercial.
19.04.196 Recreation, public.
19.04.197 Religious institution.
19.04.197.1 Residence, single room occupancy (SRO).
19.04.198 Residential density.
19.04.198.1 Residential facility.
19.04.199 Salvage yard.
19.04.200 Satellite dish antenna.
19.04.200.1 School.
19.04.201 Senior housing development.
19.04.202 Service station.
19.04.204 Setback.
19.04.205 Sexual encounter studio. Repealed.
19.04.205.1 Sexually explicit material. Repealed.
19.04.206 Shoreline.
19.04.208 – 19.04.268 Repealed.
19.04.270 Specified anatomical area. Repealed.
19.04.271 Specified sexual activity. Repealed.
19.04.272 Stable, private.
19.04.274 Stable, riding.
19.04.276 Story.
19.04.278 Story, first.
19.04.280 Story, half.
19.04.282 Story, mezzanine.
19.04.284 Street.
19.04.286 Street, private.
19.04.288 Structural alteration.
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19.04.290 Structure.
19.04.290.1 Supportive housing.
19.04.291 Surface mining operations.
19.04.292 Tideland.
19.04.294 Townhouses.
19.04.296 Trailer camp, trailer park or mobilehome park.
19.04.298 Trailers.
19.04.299 Transitional housing.
19.04.300 Underwater land.
19.04.302 Usable open space.
19.04.304 Unified control.
19.04.306 Waterfront land.
19.04.308 Yard, front.
19.04.310 Yard, front, least depth.
19.04.312 Yard, front, least depth – How measured.
19.04.314 Yard, rear.
19.04.316 Yard, rear, least depth.
19.04.318 Yard, side.
19.04.320 Yard, side, least width.
19.04.322 Yard, side, least width – How measured.
19.04.324 Zone.
19.04.326 Zoning map.
19.04.328 Zoning permit.
19.04.330 Zoning wall or fence.
Whenever any of the following terms is used, it shall mean the corresponding officer,
department, board or commission of Chula Vista, herein referred to as the City: “Assessor,”
“City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director
of Public Works,” “Director of Development ServicesPlanning,” “Zoning Administrator,”
or “Building Inspector.” In each case, the term shall be deemed to include an employee of
any such officer or department of the City who is lawfully authorized to perform any duty
or exercise any power as his or its representative or agent.
19.04.004 Access.
“Access” means an opening in a fence, wall or structure, or a walkway or driveway,
permitting pedestrian or vehicular approach to or within any structure or use. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.006 Accessory use or structure.
“Accessory use or structure” means a use or structure subordinate to the principal use of a
building on the same lot, and serving a purpose customarily incidental to the use of the
principal building. (Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.007 Adult bookstore. Repealed by Ord. 3316 § 2, 2014.
19.04.007A Adult motion picture theater. Repealed by Ord. 3316 § 2, 2014.
19.04.007B Adult mini-motion picture theater. Repealed by Ord. 3316 § 2, 2014.
19.04.008 Agent of owner.
“Agent of owner” is any person who can show certified written proof that he is acting for
the property owner. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.010 Agriculture.
“Agriculture” means the use of the land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal
husbandry (excluding swine); incidental to other agricultural uses; and the necessary
accessory uses for storing produce and qualified employee housing; provided, however,
that the operation of any such accessory use shall be secondary to that of primary uses and
shall not include stockyards or the commercial feeding of garbage or offal to animals. (Ord.
3442 § 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.012 Alley.
“Alley” means a public or private way not more than 30 feet wide, which affords only
secondary access to abutting property. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.013 Amusement facility.
“Amusement facility” means a place of amusement or entertainment wherein are found
games, rides (animal or mechanical), coin-operated or token-operated machines or devices
(e.g., video and pinball), shooting galleries, movies or entertainment machines and other
games of skill or chance offered to the public. This definition does not include vending,
photocopying, laminating and photo machines.
A. “Amusement arcade or center” means a facility wherein are found games, coin -
operated or token-operated machines or devices (e.g., video and pinball machines) of skill,
chance or entertainment offered to the public.
B. “Amusement park” means an amusement facility encompassing several acres of land
and may include other commercial activities such as restaurants, retail stores and services.
C. “Amusement games or machines as accessory uses” means not more than three coin-
operated or token-operated machines, rides or devices (e.g., video, pinball, mechanized
rides and other electronic games) within any commercial retail or service establishment,
and provided they do not constitute more than five percent of the floor area of the
establishment. (Ord. 2053 § 1, 1983).
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19.04.014 Apartment, efficiency. Repealed by Ord. 3442 § 2(B), 2018.
19.04.015 Auction.
“Auction” means the auctioning and sale of merchandise and equipment to the highest
bidder, but excluding auction rooms and livestock auctioning. (Ord. 2584 § 3, 1994).
19.04.016 Automobile dismantling.
For “automobile dismantling,” see “junkyard”. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.018 Automobile or trailer sales area.
“Automobile or trailer sales area” means an open area, other than a street or an alley, used
for display, sale or rental of new or used motor vehicles or trailers in operable condition
and where no repair work is done. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.020 Automobile repair, major.
“Major automobile repair” means general repair, rebuilding, and reconditioning of engines,
motor vehicles or trailers; collision service, including body, frame, or fender repair; and
overall painting. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.022 Automobile maintenance and repair, minor.
“Minor automobile maintenance and repair” means general lubrication services, engine
tune-up, and replacement of parts and motor service to passenger cars and trucks not
exceeding one and one-half tons capacity, but not including other operations named under
“automobile repair, major” or similar thereto as determined by the Commission. (Ord. 2633
§ 3, 1995; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.024 Automobile service station.
“Automobile service station” means an establishment engaged in the sale of motor fuel
dispensing devices directly into motor vehicles. In addition, other services may be
performed such as tube and tire repair, battery charging, storage of merchandise to be sold
on the premises as permitted herein, lubricating of automobiles, and automobil e washing,
not including mechanical wash, and minor repairs. (Ord. 2162 § 1, 1986; Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.026 Basement.
“Basement” means a story whose floor is more than 12 inches below the average level of
the adjoining ground, but where no more than one-half of its floor-to-ceiling height is
below the average contact level of the adjoining ground, as distinguished from a “cellar”
which is a story where more than one-half of its floor-to-ceiling height is below the average
level of the adjoining ground. A basement, when usable as a dwelling, shall be counted as
a story for purposes of height measurement, and as a half-story for purposes of side yard
determination. (Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.028 Beginning of construction.
“Beginning of construction” means the demolition, elimination and removal of an existing
structure preparatory to new construction, or the incorporation of labor and materials in the
foundation of a building or buildings. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.030 Block.
“Block” means a tract of land bounded by streets, dead-ends of streets, railroad rights-of-
way, watercourses, large tracts of land in uses such as parks and golf courses, or a City
boundary. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.032 Boardinghouse or lodginghouse.
“Boardinghouse or lodginghouse” means a dwelling or part thereof (not including rest
homes, convalescent homes, bed care, supervision and other special care, such as
counseling), where meals and/or lodging are provided (but not separate cooking facilities)
for compensation and with not more than five guest rooms and 10 persons total. (Ord. 2034
§ 1, 1983; Ord. 1697 § 1, 1976; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.034 Boatel.
“Boatel” means any hotel or motor hotel provided with landing facilities to accommodate
boats or other vessels. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.035 Body painting studio. Repealed by Ord. 3316 § 2, 2014.
19.04.036 Building.
“Building” means any structure having a roof supported by columns or walls, used or
intended to be used for the shelter or enclosure of persons, animals or property. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.038 Building, height of.
“Height of building” means the vertical distance from the average contact ground level of
the building to the highest point of the coping of a flat roof or to the deck line of a mansard
roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.039 Building, high rise.
“High rise building” means any structure which is five stories or more in height. (Ord. 1689
§ 1, 1976).
19.04.040 Building line map.
The front yards of all lots and side yards along the street side of a reversed corner lot are
shown upon a map on file in the Planning Department, and made a part of this title, being
designated as the “building line map,” and such map and all notations, references and other
information shown thereon shall be as much a part of this title as if the matters and
information set forth by such map were all fully described h erein. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
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19.04.042 Building, main.
“Main building” means a building in which is conducted the principal use of the building
site on which it is situated. In any residential zone, any dwelling shall be deemed to be a
main building on the building site on which it is located. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.044 Bulkhead.
“Bulkhead” means a structure, including riprap or sheet piling, constructed to separate land
and water and establish a permanent shoreline. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.045 Carnival.
“Carnival” means a traveling enterprise offering amusements with organized entertainment
or exhibits and includes mechanical rides. (Ord. 2075 § 1, 1984).
19.04.046 Carport.
“Carport” means a private garage, as defined herein, which is designed to be open on one
or more sides. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.047 Cabaret. Repealed by Ord. 3316 § 2, 2014.
19.04.048 Cellar.
“Cellar” means a story where more than one-half of its floor-to-ceiling height is below the
average contact ground level of the adjoining ground. A cellar shall be counted as a story,
for the purpose of height regulations, only if used for dwelling purposes. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.050 Chula Vista General Plan.
“Chula Vista General Plan” means the General Plan for the City, as adopted by the City
Council on September 22, 1964, and as amended from time to time. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.051 Coin-operated adult entertainment facility. Repealed by Ord. 3316 § 2,
2014.
19.04.052 Commission.
“Commission” means the City Planning Commission of Chula Vista. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.054 Communication equipment building or use.
“Communication equipment building or use” means a building or lot housing electrical and
mechanical equipment necessary for the conduct of a public communications business with
or without necessary personnel. For the purpose of this title, a communication equipment
building or use shall be considered a quasi-public use, where such use is referred to in the
zoning regulations. (Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.055 Community purpose facility.
“Community purpose facility” means a land use designation in a planned community
intended for nonprofit and certain for-profit land uses as listed in CVMC 19.48.025(C).
(Ord. 2883 § 5, 2002; Ord. 2830 § 5, 2001; Ord. 2732 § 5, 1998; Ord. 2452A § 1, 1991).
19.04.056 Council.
“Council” means the City Council of Chula Vista. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.058 Court.
“Court” means a yard on the same lot with a building which is bounded on two or more
sides by the exterior walls of buildings on the same lot. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.062 Crop and tree farming.
“Crop and tree farming” means the raising for commercial purposes of any truck, field or
orchard crops or wholesale nurseries or greenhouses, including necessary buildings
incidental to such crop and qualified employee housing. (Ord. 3442 § 2(B), 2018; Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.063 Dance floor.
“Dance floor” shall mean a defined floor area located within a business establishment
designed for the purpose of dancing by patrons of the establishment. (Ord. 3316 § 3, 2014).
19.04.064 Day nursery.
“Day nursery” means day nurseries for working mothers; nursery schools for children
under the minimum age of admission to public schools; parent-cooperative nursery
schools; play groups for preschool children; programs giving afterschool care to school
children; and all other types of group day care programs. The term “day nursery” does not
include family day care homes; facilities offering 24-hour care; or regular elementary
schools which offer educational programs only. (Ord. 1494 § 6, 1973; prior code
§ 33.1401).
19.04.065 Day spa.
“Day spa” means a business which provides a variety of services for the purpose of
improving health, beauty and relaxation through personal care treatments. Treatments may
include foot and body massage; facials; waxing; body wraps; salt scrubs; manicures;
pedicures; aromatherapy; moxibustion; ear candling; and guasha (scraping), or other
similar treatments. (Ord. 3316 § 3, 2014).
19.04.066 Development unit.
“Development unit” means that portion, along with the uses contained therein, of a planned
community district which is proposed for development at one time and under one planned
development permit. Development units may consist of portions of a planned community
district or of the entire district. (Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.068 Distance between residential structures.
“Distance between residential structures” means the shortest horizontal distance between
the vertical walls of two residential structures as herein defined. Location of points of
measurement are subject to the exceptions contained in CVMC 19.16.060. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.070 Dock.
“Dock” means a landing pier for boats; a wharf; or a structure supported by pilings or floats
in such a manner as to allow free flow of water beneath said structure and in which any
buildings constructed thereon are incidental to the use of said structure as a wharf or
landing pier. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.072 Driveway.
“Driveway” means a private road, the use of which is limited to persons residing, employed
or otherwise using or visiting the parcel on which located. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.074 Dwelling.
“Dwelling” means any building or portion thereof designed or used exclusively as the
residence of one or more persons, but not including a hotel/motel, tent, cabin, trailer or
mobile home. (Ord. 3442 § 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.076 Dwelling group.
“Dwelling group” means a group of two or more detached buildings used for dwelling
purposes located on a parcel of land in one ownership and having any yard or court in
common. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.078 Dwelling, single-family.
“Single-family dwelling” means a building designed for or used exclusively for residence
purposes by one family or housekeeping unit. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.080 Dwelling, two-family or duplex.
“Two-family or duplex dwelling” means a building designed for or used exclusively for
residence purposes by two families or housekeeping units, living independently of one
another. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.082 Dwelling, multiple.
“Multiple dwelling” means a building or portions thereof designed for or used exclusively
for residence purposes by three or more families or housekeeping units, living
independently of one another. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.084 Dwelling, townhouse.
“Townhouse dwelling” means an attached or semi-attached building containing a single
dwelling unit and located or capable of being located on a separate lot. (Ord. 1212 § 1,
1969; prior code § 33.1401).
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19.04.086 Dwelling unit.
“Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by
one family for living and sleeping purposes and having only one kitchen or kitchenette.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.087 Dwelling, accessory dwelling unit.
“Accessory dwelling units or junior accessory dwelling units” are independent living
facilities of limited size that provide permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as a single-family dwelling. This includes
efficiency units and manufactured homes, in conformance with the requirements for such
units as defined in State Government Code Section 65852.2. (Ord. 3423 § 2, 2018; Ord.
2897 § 1, 2003).
19.04.088 Efficiency living unit.
“Efficiency living unit” means a dwelling unit for occupancy, which has a minimum floor
area of 150 square feet and a maximum floor area of 450 square feet and which may also
have partial kitchen or bathroom facilities and shall have the same meaning as “Efficiency
Unit” as defined in Section 17958.1 of the California Health and Safety Code. (Ord. 3442
§ 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.089 Electrical generating facilities.
“Electrical generating facilities” is a collective term of reference for each of the following
individually defined sub-types:
A. Base Load Facility. A “base load facility” means an electrical generating facility that
is intended to run constantly at near capacity levels. This sub-type includes generating
facilities that transmit electricity over transmission or distribution power lines using the
public right-of-way and investor-owned utility transmission corridors right-of-way. Base
load facilities serve multiple meters beyond the immediate contiguous parcels on which
the facility is located.
B. Peaking Facility. A “peaking facility” means an electrical generating facility that is
used to produce extra electricity during peak load times and is permitted to operate not
more than 4,000 hours per year. This sub-type includes generating facilities that transmit
electricity over transmission or distribution power lines using the public right-of-way and
investor-owned utility transmission corridors. Peaking facilities serve multiple meters
beyond the immediate contiguous parcels on which the facility is located.
C. Private Facility. A “private facility” means an electrical generating facility that,
regardless of fuel or energy source, is operated by a private property owner or lessee, and
whose function is the provision of electricity to the permitted use(s) on a single or adjoining
parcel(s) on which the facility is located or serves. The associated power load shall
generally be up to 25 megawatts, or as determined by applicable state or other codes. A
private facility can include district heat and power, and combined heat and power types as
defined in the City’s Electrical Generating Facilities (EGF) Policy.
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D. Backup and Emergency Facility. A “backup and emergency facility” means an
electrical generating facility that is operated only during the interruption of electrical
service from the distribution system or transmission grid due to circumstances beyond the
operator’s control.
E. Residential-Level Facility. A “residential-level facility” means an electrical generating
facility whose function is the provision of electricity to serve an individual private
residential dwelling unit(s). (Ord. 3279 § 3, 2013).
19.04.089.2 Emergency shelter.
“Emergency shelter” means 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(e) of the
California Health and Safety Code. (Ord. 3442 § 2(A), 2018).
19.04.090 Essential services.
“Essential services” means the erection, construction, alteration or maintenance by public
utilities or municipal or other governmental agencies of underground or overhead gas,
electrical, steam or water transmission or distribution systems, collection, communication,
supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar
equipment and accessories in connection therewith reasonably necessary for the furnishing
of adequate service by such utilities or municipal or other governmental agencies or for the
public health or safety or general welfare, but not including any buildings, electric
substations, or water storage tanks. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.092 Family. Repealed by Ord. 3442 § 2(B), 2018.
19.04.093 Family day care.
“Family day care” means regularly provided care, protection and supervision of 14 or fewer
children in the state-licensed provider’s own home, for periods of less than 24 hours per
day, while the parents or guardians are away; provided, that the licensee of such family day
care home who rents or leases their home shall notify the property owner or landlord in
writing that they are operating a family day care home in the rented or leased property.
(Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985).
19.04.094 Family day care home, large.
“Family day care home, large” means a family day care home, as defined by CVMC
19.04.093, which provides family day care to nine to 14 children, inclusive, including
children who reside at the home. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985).
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19.04.095 Family day care home, small.
“Family day care home, small” means a family day care home, as defined by CVMC
19.04.093, which provides family day care to eight or fewer children, including children
who reside at the home. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985).
19.04.096 Filling station.
For “filling station,” see “automobile service station.” (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.097 Floor area ratio (residential).
“Floor area ratio (residential)” means the numerical value obtained by dividing the total
area of all the floors of a building or buildings included within the surrounding walls, by
the total area of the premises. (Ord. 2144 § 1, 1986).
19.04.098 Full-time foster home.
“Full-time foster home” means a family residence in which 24-hour care is provided for
not more than six children, including children of the foster family. (Ord. 1494 § 6, 1973;
prior code § 33.1401).
19.04.100 Garage, private.
“Private garage” means a detached, fully enclosed accessory building or a portion of the
principal building used only for the storage of passenger vehicles, boats or trailers by the
persons resident or employed upon the premises; provided, that such garage, when in a
residential zone or incidental to a residential use, shall not be used for the storage of more
than one commercial vehicle of one and one-half tons or greater rated capacity per family
residence upon the premises. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.102 Garage, public.
“Public garage” means a structure or portion thereof, other than a private garage, used for
the storage, sale, care, repair or refinishing of self-propelled vehicles or trailers. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.104 General development plan.
“General development plan” means a description of the development proposed within a
particular planned community zone consisting at a minimum of a map and written
statement setting forth, in general, the regulations governing, and the location and
arrangement of, all proposed uses and improvements to be included in the development.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.106 Guest house.
“Guest house” means detached living quarters of a permanent type of construction, without
kitchen or cooking facilities and intended for use by occasional guests of the occupants of
the main building, but not to exceed 90 days for any one guest over a one -year period. A
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guest house shall not be separately rented, let, or leased, whether compensation is direct or
indirect. (Ord. 2145 § 1, 1986).
19.04.107 Hazardous waste facility.
“Hazardous waste facility” means, as applicable, a hazardous waste facility project,
specified hazardous waste facility, specified hazardous waste facility project, or land
disposal facility as defined in Section 25199.1 of the California Health and Safety Code,
and shall include any structures, other appurtenances, and improvements on the land, and
all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal,
or recycling of hazardous waste. (Ord. 2542 § 1, 1993).
19.04.108 Home occupation.
“Home occupation” means a commercial activity conducted in a dwelling, which is clearly
incidental and secondary to the use of the dwelling for residential purposes, and in
accordance with CVMC 19.14.490. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.110 Hospital.
“Hospital” means an institution in which patients are given medical or surgical care and
which is licensed by the state to use the title “hospital” without qualifying descriptive word.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.112 Hotel/motel.
“Hotel/motel” means a building or group of buildings comprised of six or more guestrooms
or suites of rooms, where a majority of such rooms are occupied, intended or designed for
occupancy by guests for temporary lodging or sleeping purposes for less than 30
consecutive calendar days, and is held out as such to the public (not including hospitals,
residential facilities, qualified employee housing, boarding or lodging houses or single
room occupancy residences). (Ord. 3442 § 2(B), 2018; Ord. 2034 § 1, 1983; Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.114 Houseboat.
“Houseboat” means any vessel used or intended to be used primarily as a dwelling unit, in
contrast to a vessel used or intended to be used primarily for carrying persons or goods.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
Interested Party.
“Interested party” means any person who, in person or through a representative, appeared
at a public hearing of the City of Chula Vista in connection with the decision or action
appealed, or who, by other appropriate means prior to a hearing with the City of the nature
of their concerns or who for good cause was unable to do either. “Interested party” shall
also include the applicant for a permit.
19.04.116 Junkyard.
“Junkyard” means a place where waste, discarded, or salvaged materials are bought, sold,
exchanged, baled, packed, disassembled, handled, stored or abandoned, including auto
wrecking yards, house wrecking yards, used lumber yards and places or yards for storage
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of salvaged house wrecking and structural steel materials and equipment, but not including
such places where such uses are conducted entirely within a completely enclosed building,
and not including pawnshops and establishments for the sale, purchase or storage of used
furniture and household equipment when conducted entirely within a completely enclosed
building, and not including sale of used cars in operable condition, or salvaged materials
incidental to manufacturing operations. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.118 Kennel.
“Kennel” means a place kept for the purpose of the boarding, breeding, raising, selling or
exchanging of dogs. (Ord. 2267 § 3, 1988; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.120 Kitchen or kitchenette.
“Kitchen or kitchenette” means any room or part of a room which is designed, built, used
or intended to be used for food preparation and dishwashing, but not including a bar,
butler’s pantry or similar room adjacent to or connected with a kitchen. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.122 Landscape manual.
“Landscape manual” refers to the landscape manual adopted by the City Council of Chula
Vista. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.124 Landscaping.
“Landscaping” means planting, including trees, shrubs, lawn areas, and ground covers,
suitably designed, selected, installed and maintained so as to be permanently attractive.
Decorative screens, fences, decorative rock or other paved surfaces are considered as
elements of landscape development. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.126 Lot.
“Lot” means a piece or parcel of land occupied or intended to be occupied by a principal
building or a group of such buildings and accessory buildings, or utilized for a principal
use and uses accessory thereto, together with such open spaces as required by this title, and
having frontage on a public or an approved private street. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.128 Lot area.
“Lot area” means the computed area contained within the lot lines. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.130 Lot, corner.
“Corner lot” means a lot abutting upon two or more streets at their intersection or upon two
parts of the same street, such streets or parts of the same street forming an interior angle of
less than 135 degrees. The point of intersection of the street right-of-way lines is the
“corner.” (Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.060 Lot Coverage.
“Lot cCoverage” means the percent of the total site area covered by structures other than
those excepted in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.132 Lot depth.
“Lot depth” means the mean horizontal distance between the front and the rear lot lines, or
between the front lot line and the intersection of the two side lines if there should be no
rear lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.134 Lot, interior.
“Interior lot” means a lot other than a corner lot. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.136 Lot line, front.
“Front lot line” means the line separating the lot from the street. In the case of a corner lot,
the front lot line is the shorter of any two adjacent street lot lines. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.138 Lot line, interior.
For “interior lot line,” see “lot line, side.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.1401).
19.04.140 Lot line, rear.
“Rear lot line” means a lot line which is opposite and most distant from the front lot line.
For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot
the rear line of which is formed by two or more lines, the following shall apply:
A. For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest
removed from the front lot line and at right angles to the lot depth line shall be used as the
rear lot line; or
B. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line,
the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn
through a point bisecting the recorded rear lot line; or
C. In the case of a pentagonal lot, the rear boundary of which includes an angle formed
by two lines, such angle shall be employed for determining the rear lot line in the same
manner as prescribed for a triangular lot. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.142 Lot line, side.
“Side lot line” means any lot line other than a front or rear lot line which intersects a front
lot line. A side lot line separating a lot from a street is called a “side street lot line.” (Ord.
1212 § 1, 1969; prior code § 33.1401).
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19.04.144 Lot line, street or alley.
“Street or alley lot line” means a lot line separating the lot from a street or alley. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.146 Lot lines.
“Lot lines” means the property lines bounding the lot. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.148 Lot of record.
For “lot of record,” see CVMC 19.16.020. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.1401).
19.04.150 Lot, through.
“Through lot” means a lot having frontage on two parallel or approximately parallel streets.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.152 Lot width.
“Lot width” means the horizontal distance between the side lot lines, measured at right
angles to the depth at a point midway between the front and rear lot lines. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.153 Massage parlor.
“Massage parlor” means a massage establishment as defined in CVMC 5.36.030. (Ord.
1855 § 2, 1979).
19.04.154 Mobilehome.
For “mobilehome,” see “trailers.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.155 Model studio. Repealed by Ord. 3316 § 2, 2014.
19.04.156 Motor hotel, including motel and hotel. Repealed by Ord. 3442 § 2(B),
2018.
19.04.157 Narcotic or drug paraphernalia shop.
“Narcotic or drug paraphernalia shop” or “head shop” means any business establishment
or a portion of the premises of any business establishment wherein devices, contrivances,
instruments or paraphernalia for smoking, sniffing or injection of marijuana, hashish,
cocaine, PCP or any controlled substance is displayed or offered for sale. (Ord. 1954 § 1,
1981).
19.04.158 Nonconforming structure.
“Nonconforming structure” means a structure which was lawfully erected prior to July 8,
1969, but which, under the provisions herein, does not conform to the standards of
coverage, yards, height of structures, or distances between structures prescribed in the
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regulations for the district in which the structure is located. (Ord. 1212 § 1, 1969; prior
code § 33.1401).
19.04.160 Nonconforming use.
“Nonconforming use” means a use of a structure or land which was lawfully established
and maintained prior to July 8, 1969, but which, under the provisions herein, does not
conform with the use regulations for the district in which it is located. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.162 Nursing home.
“Nursing home” means any premises with sleeping rooms where persons are lodged and
furnished with meals and nursing care, not including persons suffering from contagious
disease, mental diseases, alcoholism or drug addiction. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.164 Off-shore.
“Off-shore” means land below “mean higher high water” as defined by the U.S. Coast and
Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.166 On-shore.
“On-shore” means land above “mean higher high water” as defined by the U.S. Coast and
Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.168 Open space, usable.
“Usable open space” means any portion of a lot which is landscaped and/or developed for
recreational and leisure use, and is conveniently located and accessible to all the units. (See
CVMC 19.28.090.) (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.169 Park.
“Park” means the land and easements owned or leased by the City of Chula Vista which,
by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City
for purposes of sports and public recreation. The term shall include the buildings, parking
lots, streets and sidewalks within the territorial boundaries establishing the park. (Ord. 3316
§ 3, 2014).
19.04.170 Parking area, private.
“Private parking area” means an open area for the same uses as a private garage. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.172 Parking area, public.
“Public parking area” means an open area, other than a street or other public way, used for
the parking of automobiles and available to the public whether for a fee, free, or as an
accommodation for clients or customers. (Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.174 Parking space.
“Parking space” means a permanently surfaced area of a size defined by Planning
Commission resolution, within a structure or in the open, excluding area necessary for
access under the provisions of this title, designed or used for the parking of a motor vehicle.
When the long dimension of a parking space adjoins a wall or fence more than six inches
in height, the width of such parking space shall be not less than 10 feet. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.176 Performance standards.
“Performance standards” are the regulations for the control of “dangerous or objectionable
elements” as defined in CVMC 19.66.080 through 19.66.150. (Ord. 1212 § 1, 1969; prior
code § 33.1401).
19.04.178 Permitted use.
For the purpose of this title, a “permitted use” in any zone shall include any use listed as a
“principal permitted use” or “accessory use” and shall further include a “conditional use”
as listed for the particular zone, provided a conditional use permit is obtained. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.179 Pet shop.
“Pet shop” means an establishment involved in selling or exchanging (but excluding
boarding, breeding or raising) any birds, dogs or other pets, all of which for the purpose of
this chapter are called “pets.” (Ord. 2267 § 4, 1988).
19.04.180 Pharmacy, prescription.
For “pharmacy, prescription,” see “prescription pharmacy.” (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.182 Planned development permit.
“Planned development permit” means a permit issued by the City Planning Commission,
authorizing the actual development and construction within a planned community zone.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.184 Poultry farm.
“Poultry farm” means any premises on which the primary use is the breeding, raising or
maintaining of poultry for sale of eggs or poultry, or where the primary income from the
premises is derived from the aforesaid occupation. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.188 Prescription pharmacy.
“Prescription pharmacy” means an establishment whose primary function is the sale of
pharmaceutical drugs and prescriptions as well as medicinal supplies and goods. The
incidental sales of toilet goods, toiletries, cosmetics, confections, tobacco and accessories,
newspapers and magazines is also permitted. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.1401).
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19.04.190 Public/quasi-public.
“Public/quasi-public” means used as public or seemingly public. For the purposes of this
title, electrical substations, electrical generating facilities as defined in CVMC
19.04.089(A), (B), (C) and (D) only, water or wastewater treatment and storage facilities,
education, civic, government offices, or other municipal, public agency or utility facilities,
and others as listed in Chapter 19.47 CVMC shall be considered public/quasi-public uses,
of a public service type. (Ord. 3279 § 3, 2013; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.191 Qualified employee housing.
“Qualified employee housing” means 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.). (Ord. 3442 § 2(A), 2018).
19.04.192 Recreation, commercial.
“Commercial recreation” means recreation facilities operated as a business and open to the
general public for a fee. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.194 Recreation, private, noncommercial.
“Private, noncommercial recreation” means clubs or recreation facilities operated by a
nonprofit organization and open only to bona fide members of such nonprofit organization.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.196 Recreation, public.
“Public recreation” means publicly owned or operated recreation facilities. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.197 Religious institution1.
“Religious institution” means an institution that people regularly attend to participate in or
hold religious services and incidental religious education, but not including private schools
as defined in this chapter. (Ord. 3316 § 3, 2014).
19.04.197.1 Residence, single room occupancy (SRO)2.
“Residence, single room occupancy (SRO)” means 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 30 consecutive days. Kitchen and bathroom facilities may
be wholly or partially included in each living space or may be fully shared. (Ord. 3442
§ 2(A), 2018).
19.04.198 Residential density.
“Residential density” means the average number of families living on one acre of land in a
given area. “Net residential density” is determined by dividing the total number of families
in a defined area by the total acreage of all parcels of land within the area that are used for
residential and accessory purposes. “Gross residential density” is obtained by dividing all
land in a defined area used for residences, streets, local schools, local parks and local
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shopping facilities into the total number of families in said area. (Ord. 1212 § 1, 1969; prior
code § 33.1401).
19.04.198.1 Residential facility.
“Residential facility” means 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. (Ord. 3442 § 2(A), 2018).
19.04.199Salvage yard.
For “salvage yard,” see “junkyard.” (Ord. 2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.200 Satellite dish antenna.
“Satellite dish antenna” is a device or instrument designed or used for the reception of
television or other electronic communications signal broadcast or relayed from an earth
satellite. It may be a solid, open mesh or bar configured structure, typically eight to 12 feet
in diameter, in the shape of a shallow dish or parabola. (Ord. 2108 § 1, 1985).
19.04.200.1 School.
“School” means any child or day care facility, or an institution of learning for minors,
whether public or private, offering instruction in those courses of study required by the
California Education Code and maintained pursuant to standards set by the State Board of
Education. This definition includes nursery school, kindergarten, elementary school,
middle or junior high school, senior high school, or any special institution of education,
but it does not include a vocational or professional institution of higher education,
including a community or junior college, college, or university. (Ord. 3316 § 3, 2014).
19.04.201 Senior housing development.
“Senior housing development” means a residential project which may exceed the
maximum density permitted for families in the zones in which it is located, and which is
established and maintained for the exclusive use of low- or moderate-income senior
residents. (Ord. 1878 § 1, 1979).
19.04.205 Sexual encounter studio. Repealed by Ord. 3316 § 2, 2014.
19.04.205.1 Sexually explicit material. Repealed by Ord. 3316 § 2, 2014.
19.04.206 Shoreline.
“Shoreline” means the boundary between land above and land below the “mean higher
high water,” as defined by the latest U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
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19.04.208 – 19.04.268 Repealed by Ord. 2924 § 3, 2003.
19.04.270 Specified anatomical area. Repealed by Ord. 3316 § 2, 2014.
19.04.271 Specified sexual activity. Repealed by Ord. 3316 § 2, 2014.
19.04.272 Stable, private.
“Private stable” means an accessory stable, corral or paddock used or designed to shelter
horses belonging to the occupants of a dwelling, and where no horses are kept for hire or
sale. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.274 Stable, riding.
“Riding stable” means any stable where horses are kept for hire. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.276 Story.
“Story” means that portion of a building included between the surface of any floor and the
floor or ceiling next above it. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.278 Story, first.
“First story” means the lowest story or the ground story of any building, the floor of which
is not more than 12 inches below the average contact ground level at the exterior walls of
the building; except, that any basement or cellar used for residential purposes shall be
deemed the first story. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.280 Story, half.
“Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of
which on at least two opposite exterior walls are not more than four feet above the floor of
such story; provided, however, that any partial story used for one or more dwelling units
shall be deemed a full story. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.282 Story, mezzanine.
“Mezzanine story” means a story which covers one-third or less of the area of the story
directly underneath it. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.284 Street.
“Street” means a public right-of-way, more than 30 feet in width, which provides a public
means of access to abutting property. The term “street” includes “avenue,” “drive,”
“circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” or any other similar
term. The term shall include the total width of the dedicated right-of-way. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.286 Street, private.
“Private street” means a right-of-way or easement in private ownership, not dedicated or
maintained as a public street, which affords the principal means of access to two or more
sites. (Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.288 Structural alteration.
“Structural alteration” means any change in the structural members of a building, such as
walls, columns, beams or girders. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.290 Structure.
“Structure” means anything constructed, the use of which requires permanent location on
the ground, or attachment to something having a permanent location on the ground. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.290.1 Supportive housing.
“Supportive housing” means 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. (Ord. 3442 § 2(A), 2018).
19.04.291 Surface mining operations.
“Surface mining operations” means all, or part of, the process involved in the mining of
minerals on mined lands, as defined in Chapter 19.69 CVMC, by removing overburden
and mining directly from the mineral deposits, open-pit mining of minerals naturally
exposed, mining by the auger method, dredging and quarrying, or surface work incident to
an underground mine. Surface mining operations include, but are not limited to, in-place
distillation or retorting or leaching, the production and disposal of mining waste,
prospecting and exploratory activities, borrow pitting, streambed skimming, and
segregation and stockpiling of mined materials (and recovery of same). (Ord. 2921 § 1,
2003).
19.04.292 Tideland.
“Tideland” means lands between the “mean higher high water” and the “mean lower low
water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.294 Townhouses.
“Townhouses” means attached or semi-attached buildings, each containing a single
dwelling unit and each located or capable of being located on a separate lot. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.296 Trailer camp, trailer park or mobilehome park.
“Trailer camp, trailer park or mobilehome park” means any lot or part thereof, or any parcel
of land, which is used or offered as a location for two or more camp trailers or mobilehomes
occupied as a residence. (Ord. 1941 § 1, 1981; Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.298 Trailers.
A. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed
with collapsible partial side walls which fold for towing by another vehicle and unfold at a
campsite to provide temporary living quarters.
B. “Motorhome” means a vehicular unit built on or permanently attached to a self-
propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the
completed vehicle, primarily designed to provide temporary living quarters.
C. “Camper (slide in)” means a portable unit, consisting of a roof, floor and sides designed
to be loaded into and unloaded from the bed of a pickup truck, constructed to provide
temporary living quarters.
D. “Cargo trailer” means a vehicle designed to be drawn by a motor vehicle for the
purpose of transporting cargo, including a boat or livestock.
E. “Travel trailer” means a vehicular portable unit mounted on wheels of such a size or
weight as not to require special highway movement permits when drawn by a motorized
vehicle and primarily designed and constructed to provide temporary living quarters.
F. “Mobilehome” means a structure transportable in one or more sections, designed and
equipped to contain not more than two dwelling units, and shall not include a recreational
vehicle, commercial coach or factory-built housing.
G. “Commercial coach” means a vehicle, with or without motive power, designed and
equipped for human occupancy for industrial, professional or commercial purposes, and
shall not include mobilehomes. Such coaches shall bear the State Division of Housing’s
insignia of approval as a commercial coach. (Ord. 1941 § 1, 1981; Ord. 1518 § 2, 1974;
Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.299 Transitional housing.
“Transitional housing” means 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). (Ord. 3442 § 2(A), 2018).
19.04.300 Underwater land.
“Underwater land” means land below the “mean lower low water” as defined by the U.S.
Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.304 Unified control.
“Unified control” means the written consent or agreement of all property owners. (Ord.
1212 § 1, 1969; prior code § 33.1401).
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19.04.306 Waterfront land.
“Waterfront land” means any lot above the “mean higher high water” as defined by the
U.S. Coast and Geodetic Survey having frontage directly upon the shoreline, as defined
herein. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.308 Yard, front.
“Front yard” means an open space extending the full width of the lot measured between
the building closest to the front lot line, which open space is between a building and the
front lot line, unoccupied and unobstructed from the ground upward except as specified
elsewhere in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.310 Yard, front, least depth.
“Front yard, least depth” means the shortest distance, measured horizontally, between any
part of a building, other than parts herein excepted, and the front lot line. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.312 Yard, front, least depth – How measured.
Such depth shall be measured from the front lot line; provided, however, that if the
proposed location of the right-of-way line of such street as adopted by the City (“plan line
procedure”) differs from that of the existing street, then the required front yard, least depth,
shall be measured from the right-of-way line of such street as adopted; or said building
shall comply with the official setback lines as adopted by the City. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.314 Yard, rear.
“Rear yard” means an open space between a building and the rear lot line, unoccupied and
unobstructed from the ground upward and extending across the full width of the lot, except
as specified elsewhere in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.316 Yard, rear, least depth.
“Rear yard, least depth” means the shortest distance, measured horizontally, between any
part of a principal building, other than parts hereinafter excepted, and the rear lot line. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.318 Yard, side.
“Side yard” means an open space extending from the front yard to the rear yard between a
building and the nearest side lot line, unoccupied and unobstructed from the ground
upward, except as specified elsewhere in this title. A side yard on the street side of a corner
lot shall be known as an “exterior side yard.” (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.320 Yard, side, least width.
“Side yard, least width” means the shortest distance, measured horizontally, between any
part of a building, other than parts herein excepted, and the nearest side lot line. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
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19.04.322 Yard, side, least width – How measured.
Such width shall be measured from the nearest side lot line and, in case the nearest side lot
line is a side street lot line, from the right-of-way line of the existing street; provided,
however, that if the proposed location of the right-of-way line of such street as adopted by
the City differs from that of the existing street, then the required side yard, least width,
shall be measured from the right-of-way of such street as adopted; or said building shall
comply with any applicable official setback lines. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.324 Zone.
“Zone” means a portion of the territory of the City within which certain uniform regulations
and requirements or various combinations thereof apply under the provisions of this title.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.326 Zoning map.
“Zoning map” means the zoning map or maps of Chula Vista, together with all amendments
subsequently adopted. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.328 Zoning permit.
“Zoning permit” means a document issued by the Building Inspector authorizing buildings,
structures or uses consistent with the terms of this title, and for the purpose of carrying out
and enforcing its provisions. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.330 Zoning wall or fence.
“Zoning wall or fence” means a wall or fence erected along the property line or zoning
boundary to separate any commercial or industrial zones or uses from adjacent residential
zones and a fence to separate multiple-family zones from single-family zones. (Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
Section V. Removal of Outdated Labels for Specific Population Groups. The Chula
Vista Municipal Code is hereby amended as follows:
Section 19.54.020 Designated – Limitations and standards.
H. Hospitals, including, but not limited to, emergency, general, convalescent, rest homes,
nursing homes (for the aged, crippled, and mentally retarded of all ages), psychiatric, etc.:
See CVMC 19.58.110.
Further, approval shall not be granted until the following findings can be made (homes for
mentally retarded children):
Section VI. Small and Large Family Day Care Homes. The Chula Vista Municipal Code
is hereby amended as follows:
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Section 19.22.020 Permitted uses.
Principal permitted uses in the R-E zone include:
A. One single-family detached dwelling on each lot or parcel;
B. Crop and tree farming;
C. Notwithstanding subsection (A) of this section, two-unit residential developments
pursuant to CVMC 19.58.450.;
D. Small and Large Family Daycare Homes
Section 19.22.030 Accessory uses and buildings.
D. Full-time foster homes and small family day care homes, as defined in CVMC
19.04.095 and 19.04.098;
G. Large family day care homes, subject to the provisions of CVMC 19.58.147;
HG. Accessory dwelling units, subject to the provisions of CVMC 19.58.022;
IH. Residential-level electrical generating facilities, as defined in CVMC 19.04.089(E).
The siting and establishment of a residential-level facility shall be subject to and governed
by CVMC Title 15.
Section 19.24.020 Permitted uses.
D. Small and Large family day care homes, subject to the provisions of CVMC 19.58.147.
Section 19.24.030 Accessory uses and buildings.
D. Full-time foster homes and small family day care homes, as defined in CVMC
19.04.095 and 19.04.098;
J. Large family day care homes, subject to the provisions of CVMC 19.58.147;
KJ. Accessory dwelling units, subject to the provisions of CVMC 19.58.022;
LK. Residential-level electrical generating facilities, as defined in CVMC 19.04.089(E).
The siting and establishment of a residential-level facility shall be subject to and governed
by CVMC Title 15.
Section 19.26.020 Permitted uses.
The following are the principal permitted uses in an R-2 zone:
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A. One single-family dwelling on any lot;
B. One duplex or two-family dwelling on any lot;
C. Attached single-family dwelling units;
D. Dwelling groups, subject to the provisions of CVMC 19.58.130;
E. Other accessory uses and accessory buildings customarily appurtenant to a permitted
use, subject to the requirements of CVMC 19.58.020;
F. Agricultural uses as provided in CVMC 19.16.030;.
G. Small and Large Family Daycare Homes.
Section 19.26.040 Conditional uses.
The following uses shall be permitted in the R-2 zone,; provided, a conditional use permit
is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may
be applicable, and CVMC 19.14.050 through 19.14.090:
A. Off-street parking areas, subject to the provisions of Chapter 19.62 CVMC;
B. Small family day care homes, as defined in CVMC 19.04.095, if not operating within
a single-family dwelling;
C. Large family day care homes, as defined in CVMC 19.04.094, within a single-family
dwelling;
DB. Professional offices (for additional provisions, see CVMC 19.58.244).
The following uses shall be permitted in the R-2 zone,; provided, a conditional use permit
is issued by the Planning Commission or Chula Vista Redevelopment Corporation for
projects with a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020.
EC. Electrical substations and gas regulators, subject to the provisions of CVMC
19.58.140;
FD. Unclassified uses, see Chapter 19.54 CVMC.
Section 19.28.020 Permitted uses.
Principal permitted uses in the R-3 zone are as follows:
A. Dwellings, multiple: R-3 zone;
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B. Dwellings, multiple, low-rise: R-3-G zone;
C. Dwellings, multiple, medium-rise: R-3-M zone;
D. Dwellings, multiple, high-rise: R-3-H zone;
E. Dwellings, townhouses: R-3-T zone;
F. Duplexes;
G. Agricultural uses as provided in CVMC 19.16.030;
H. Residence, single room occupancy (SRO);
I. Boarding or lodging houses;
J. Small and Large Family Daycare Homes.
Section 19.28.040 Conditional uses.
The following uses shall be permitted in the R-3 zone,; provided, a conditional use permit
is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may
be applicable, and CVMC 19.14.050 through 19.14.090:
A. Except in R-3-T, day nurseries;
B. Except in R-3-T, incidental services, such as restaurants and retail sales to serve
residents; provided, there is no exterior display or advertising and such activities are
conducted in spaces which are integral parts of a main building;
C. Commercial parking garages and off-street parking lots, in accordance with the
provisions of CVMC 19.62.010 through 19.62.130;
D. Small family day care homes, as defined in CVMC 19.04.095;
ED. Private, noncommercial recreational facilities, such as swimming pools, tennis
courts, and clubhouses (for additional provisions, see CVMC 19.58.100 and 19.58.270);
FE. Professional offices (for additional provisions, see CVMC 19.58.244);
G. Large family day care homes, as defined in CVMC 19.04.094, within a single-family
dwelling.
The following uses shall be permitted in the R-3 zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
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projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
HF. Electric substations and gas regulators, subject to the provisions of CVMC 19.58.140;
IG. Unclassified uses, see Chapter 19.54 CVMC.
Section 19.84.005 Residential zones.
(A)2. Permitted Uses. The following uses are permitted:
a. Dwellings, multiple, mid-rise;
b. Dwellings, multiple, high-rise;
c. Short-term vacation rentals;
d. Retail commercial uses at street level;
e. Incidental services, such as restaurants, retail sales, fitness clubs, and other such
services, provided such activities are conducted in spaces that are integral parts of
a main building;
f. Small and Large Family Daycare Homes;
fg. Private, noncommercial recreational facilities, such as swimming pools, tennis
courts, and clubhouses (for additional provisions, see CVMC 19.58.100
19.58.270); and
gh. Day care/nursery facilities; and
hi. Accessory uses and buildings including:
i. Customary incidental home occupations, subject to the provisions of
CVMC 19.14.490;
ii. Other accessory uses and accessory buildings customarily appurtenant to a
permitted use, subject to the provisions of CVMC 19.58.020;
iii. Full-time foster homes as defined in CVMC 19.04.098;
iv. Satellite dish antennas per the provisions of CVMC 19.22.030(F);
v. Accessory dwelling units pursuant to the provisions of CVMC 19.58.022.
3. Conditionally Permitted Uses. The following uses may be allowed subject to the
approval of a conditional use permit:
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a. Commercial parking garages and off-street parking lots, in accordance with the
provisions of CVMC 19.62.010 through 19.62.130; and
b. Unclassified uses; see Chapter 19.54 CVMC; and
c. Small family day care homes, as defined in CVMC 19.04.095.
Section 19.58.147 Family day care homes, large.
A large family day care home shall be allowed in the R-E and R-1 zones, and within the P-
C designated R-E and R-S zones, upon the issuance of a large family day care permit by
the Zoning Administrator and in compliance with the following standards:
A. Notice shall be given to properties within 500 feet of the proposed large family
day care home at least 10 days prior to consideration of the permit.
B. The permit shall be considered without public hearing unless a hearing is
requested by the applicant or other affected party by the hearing deadline date. The
applicant or other affected party may appeal the Zoning Administrator’s decision
to the City Council.
C. The family day care function shall be incidental to the residential use of the
property.
D. A large family day care home shall not locate within:
1. Three hundred (300) feet of another such facility with said measurement
being defined as the shortest distance between the property lines of any such
facilities; and
2. One thousand two hundred (1,200) feet of another such facility along
the same street with said measurements being defined as the shortest
distance between front property lines, as measured along the same street, of
any such facilities.
E. The owner must provide a double-wide driveway which shall be paved to meet
City standards and be a minimum of 16 feet wide and 19 feet in depth as measured
from the edge of sidewalk to any vertical obstruction. The driveway shall be
available during all hours of operation for the loading and unloading of children. If
a garage exists on-site, it must be utilized for parking of personal vehicle(s). In the
event that less than a two-car garage exists on-site, the owner must designate an
area on-site other than on the driveway so that a total of two personal vehicles can
be parked on-site, including the garage. Notwithstanding the foregoing, the
applicant must comply with all other Municipal Code provisions as to parking and
traffic.
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F. If, in the opinion of the Zoning Administrator, there is a potential for significant
traffic problems, the Zoning Administrator shall request review of the application
by the City Traffic Engineer. The City Traffic Engineer may impose accessory
requirements for the day care permit in these instances to ensure maintenance of
traffic safety levels within the vicinity of the home.
G. Adequate outdoor play space shall be required and determined on a case-by-
case basis. Outdoor play activity shall not be allowed in the front or exterior side
yard of the home.
H. Play areas shall be designed and located to reduce the impact of n oise on
surrounding properties.
I. A business license will be obtained concurrently with the use permit.
J. At the City’s discretion, an annual review of the permit may be done to
determine compliance with state and City requirements and the permit’s conditions
of approval.
Section VII. Massage Parlors. The Chula Vista Municipal Code is hereby amended as
follows:
Section 19.36.020 Permitted uses.
F. Massage parlors, subject to the provisions of CVMC 5.36;
G. Any other retail business or service establishment which the Zoning
AdministratorCommission finds to be consistent with the purpose of this title and which
will not impair the present or potential use of adjacent properties;
GH. Accessory uses and buildings customarily appurtenant to a permitted use and satellite
dish antennas in accordance with the provisions in CVMC 19.22.030(F)(1) through (9);
HI. Agricultural uses as provided in CVMC 19.16.030;
IJ. Mixed commercial-residential projects, if designated by the Chula Vista General Plan
as MUR, subject to the provisions of CVMC 19.58.205.
Section 19.40.020 Permitted uses.
Q. Upholstery shops;.
R. Massage parlors, subject to the provisions of CVMC 5.36.
Section VIII. Design Review Permit Requirements. The Chula Vista Municipal Code is
hereby amended as follows:
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Section 19.14.582 Design review approval.
A. Plans for the establishment, location, expansion or alteration of 1) multifamily
structures in all multifamily residential zones, and 2) non-residential structures in all
commercial and industrial zones, shall require design review by the Planning Commission.
Section IX. Height Standards Within the R-3 (Apartment-Residential) Zoning
Designation. The Chula Vista Municipal Code is hereby amended as follows:
Section 19.28.060 Height regulations.
A. Height regulations in the R-3 zone and R-3-M, R-3-T and R-3-G classifications are as
follows: No principal building shall exceed either two and one-half stories or 54 feet in
height and no accessory building shall exceed either two stories or 25 feet in height, except
as provided in CVMC 19.16.040 and 19.58.022.
B. Height regulations in the R-3-H and R-3-L classifications zone are as follows: No
principal building shall be less than 4655 feet or five stories in height and no accessory
building shall exceed either two stories or 25 feet in height, except as provided in CVMC
19.16.040.
Section X. Addition of New Zoning-Related Definitions. The Chula Vista Municipal
Code is hereby amended as follows:
Chapter 19.04 (DEFINITIONS)
Sections:
19.04.002 Definitions and construction of terms generally.
19.04.004 Access.
19.04.006 Accessory use or structure.
19.04.007 Adult bookstore. Repealed.
19.04.007A Adult motion picture theater. Repealed.
19.04.007B Adult mini-motion picture theater. Repealed.
19.04.008 Agent of owner.
19.04.010 Agriculture.
19.04.012 Alley.
19.04.013 Amusement facility.
19.04.014 Apartment, efficiency. Repealed.
19.04.015 Auction.
19.04.016 Automobile dismantling.
19.04.018 Automobile or trailer sales area.
19.04.020 Automobile repair, major.
19.04.022 Automobile maintenance and repair, minor.
19.04.024 Automobile service station.
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19.04.026 Basement.
19.04.028 Beginning of construction.
19.04.030 Block.
19.04.032 Boardinghouse or lodginghouse.
19.04.034 Boatel.
19.04.035 Body painting studio. Repealed.
19.04.036 Building.
19.04.038 Building, height of.
19.04.039 Building, high rise.
19.04.040 Building line map.
19.04.042 Building, main.
19.04.044 Bulkhead.
19.04.045 Carnival.
19.04.046 Carport.
19.04.047 Cabaret. Repealed.
19.04.048 Cellar.
19.04.050 Chula Vista General Plan.
19.04.051 Coin-operated adult entertainment facility. Repealed.
19.04.052 Commission.
19.04.054 Communication equipment building or use.
19.04.055 Community purpose facility.
19.04.056 Council.
19.04.058 Court.
19.04.060 Coverage.
19.04.062 Crop and tree farming.
19.04.063 Dance floor.
19.04.064 Day nursery.
19.04.065 Day spa.
19.04.066 Development unit.
19.04.068 Distance between residential structures.
19.04.070 Dock.
19.04.072 Driveway.
19.04.074 Dwelling.
19.04.076 Dwelling group.
19.04.078 Dwelling, single-family.
19.04.080 Dwelling, two-family or duplex.
19.04.082 Dwelling, multiple.
19.04.084 Dwelling, townhouse.
19.04.086 Dwelling unit.
19.04.087 Dwelling, accessory dwelling unit.
E-Commerce.
19.04.088 Efficiency living unit.
19.04.089 Electrical generating facilities.
19.04.089.2 Emergency shelter.
19.04.090 Essential services.
19.04.092 Family. Repealed.
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19.04.093 Family day care.
19.04.094 Family day care home, large.
19.04.095 Family day care home, small.
19.04.096 Filling station.
19.04.097 Floor area ratio (residential).
Fulfillment Center.
19.04.098 Full-time foster home.
19.04.100 Garage, private.
19.04.102 Garage, public.
19.04.104 General development plan.
19.04.106 Guest house.
19.04.107 Hazardous waste facility.
19.04.108 Home occupation.
19.04.110 Hospital.
19.04.112 Hotel/motel.
19.04.114 Houseboat.
19.04.116 Junkyard.
Interested Party.
19.04.118 Kennel.
19.04.120 Kitchen or kitchenette.
19.04.122 Landscape manual.
19.04.124 Landscaping.
19.04.126 Lot.
19.04.128 Lot area.
19.04.130 Lot, corner.
19.04.132 Lot depth.
19.04.134 Lot, interior.
19.04.136 Lot line, front.
19.04.138 Lot line, interior.
19.04.140 Lot line, rear.
19.04.142 Lot line, side.
19.04.144 Lot line, street or alley.
19.04.146 Lot lines.
19.04.148 Lot of record.
19.04.150 Lot, through.
19.04.152 Lot width.
19.04.153 Massage parlor.
19.04.154 Mobilehome.
19.04.155 Model studio. Repealed.
19.04.156 Motor hotel, including motel and hotel. Repealed.
19.04.157 Narcotic or drug paraphernalia shop.
19.04.158 Nonconforming structure.
19.04.160 Nonconforming use.
19.04.162 Nursing home.
19.04.164 Off-shore.
19.04.166 On-shore.
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19.04.168 Open space, usable.
19.04.169 Park.
19.04.170 Parking area, private.
19.04.172 Parking area, public.
19.04.174 Parking space.
19.04.176 Performance standards.
19.04.178 Permitted use.
19.04.179 Pet shop.
19.04.180 Pharmacy, prescription.
19.04.182 Planned development permit.
19.04.184 Poultry farm.
19.04.188 Prescription pharmacy.
19.04.190 Public/quasi-public.
19.04.191 Qualified employee housing.
19.04.192 Recreation, commercial.
19.04.194 Recreation, private, noncommercial.
19.04.196 Recreation, public.
19.04.197 Religious institution.
19.04.197.1 Residence, single room occupancy (SRO).
19.04.198 Residential density.
19.04.198.1 Residential facility.
19.04.199 Salvage yard.
19.04.200 Satellite dish antenna.
19.04.200.1 School.
Self-Storage Facility.
19.04.201 Senior housing development.
19.04.202 Service station.
19.04.204 Setback.
19.04.205 Sexual encounter studio. Repealed.
19.04.205.1 Sexually explicit material. Repealed.
19.04.206 Shoreline.
19.04.208 – 19.04.268 Repealed.
19.04.270 Specified anatomical area. Repealed.
19.04.271 Specified sexual activity. Repealed.
19.04.272 Stable, private.
19.04.274 Stable, riding.
19.04.276 Story.
19.04.278 Story, first.
19.04.280 Story, half.
19.04.282 Story, mezzanine.
19.04.284 Street.
19.04.286 Street, private.
19.04.288 Structural alteration.
19.04.290 Structure.
19.04.290.1 Supportive housing.
19.04.291 Surface mining operations.
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19.04.292 Tideland.
19.04.294 Townhouses.
19.04.296 Trailer camp, trailer park or mobilehome park.
19.04.298 Trailers.
19.04.299 Transitional housing.
19.04.300 Underwater land.
19.04.302 Usable open space.
19.04.304 Unified control.
Warehousing Facility.
Warehousing, Logistics and Distribution Facility.
Warehousing Sales, Retail.
Warehousing Sales, Wholesale.
19.04.306 Waterfront land.
19.04.308 Yard, front.
19.04.310 Yard, front, least depth.
19.04.312 Yard, front, least depth – How measured.
19.04.314 Yard, rear.
19.04.316 Yard, rear, least depth.
19.04.318 Yard, side.
19.04.320 Yard, side, least width.
19.04.322 Yard, side, least width – How measured.
19.04.324 Zone.
19.04.326 Zoning map.
19.04.328 Zoning permit.
19.04.330 Zoning wall or fence.
E-Commerce (Electronic Commerce).
“E-Commerce (Electronic Commerce)” includes commercial activities involving the sale
of goods or services for profit, where those sales occur on virtual platforms including but
not limited to, the internet and applications within smartphones or other similar mobile
cellular devices.
Fulfilment Center.
“Fulfilment Center” is a facility where a building is primarily used to receive, process, and
fulfill numerous consumer orders associated with electronic commerce ("e-commerce") or
similar high capacity and high frequency orders and deliveries. The use includes the indoor
storage of goods, products, and similar items and is typically characterized by a high
intensity and a high frequency of truck traffic and may include multiple shifts of
employees.
Interested Party.
“Interested party” means any person who, in person or through a representative, appeared
at a public hearing of the City of Chula Vista, or made written comments via US Mai l, e-
comment or electronic mail (e-mail) to the City, in connection with a decision or action
appealed. “Interested party” shall also include the applicant for a permit.
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Self-Storage Facility.
“Self-storage facility” is a structure(s) containing separated storage spaces of varying sizes,
leased or rented on an individual basis, may include recreational vehicles storage.
Warehousing, Logistics and Distribution Facility.
“Warehousing, logistics and distribution facility” is one used for the storage and/or
consolidation of manufactured goods (and to a lesser extent, raw materials and includes
bulk storage of materials, which are flammable, or explosive or create hazardous or
commonly recognized offensive conditions) before their distribution to retail locations or
other warehouses. Warehouse/distribution centers generally are generally greater than
200,000 square feet in size, with a land coverage ratio of approximately 40 to 60 percent;
have dock-high loading doors that also could be located on opposing sides of the building
(cross dock facility); significant movement and storage of products, materials, or
equipment; truck activities frequently outside of the peak hour of the adjacent street system;
and freeway access, including:
• Freight yards/forwarding terminals
• Warehousing distribution/high cube distribution centers
• Moving agencies
• Parcel delivery terminals
• Railroad freight stations
• Shipping/receiving yards
• Truck terminals
Warehousing Facility.
“Warehousing facility” means the use of a building primarily for the storage of goods of
any type (i.e.: cold storage) by one or two businesses and used for the sale or distributio n
of those goods to their direct customers (excluding bulk storage of materials which are
flammable or explosive or which create hazardous or commonly recognized offensive
conditions). Typically, 200,000 square feet or less in size with a land coverage ratio of
approximately 45 to 55 percent with dock high and/or ground level loading doors on one
side of the building only.
Warehousing Sales, Retail.
“Warehousing sales, retail” means the use of a building or buildings primarily for the
internal storage of goods of any type, which includes the selling of such goods both directly
to the ultimate consumer and includes incidental wholesaling. Generally, sales tax is
collected from the ultimate consumer.
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Warehousing Sales, Wholesale.
“Warehousing sales, wholesale” means the use of a building or buildings primarily for the
internal storage of goods of any type, which includes the selling of such goods to other
businesses, including retailers, industrial, commercial, institutional, or professional
business users, other wholesalers, or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies, and specifically excluding
sales of goods directly to the ultimate consumer. Generally, sales tax is not collected from
businesses purchasing such goods.
Section XII. Scheduling of Public Hearings Related to Project Appeals. The Chula
Vista Municipal Code is hereby amended as follows:
Section 10.84.020 Parking prohibited on portions of private property.
D. When parking is not available under subsections (A) through (C) of this section, then
consideration shall be given by the Zoning Administrator to select a parking area on the
opposite side of the lot or other appropriate locations on the property as per CVMC
19.62.110. Any interested party The applicant or other interested persons may appeal the
decision of the Zoning Administrator to the Planning Commission. The appeal shall be
filed in writing with the Development Services DepartmentPlanning Department within 10
days of the Administrator’s action, and accompanied by the required appeal fee(s). Once a
valid application for appeal has been filed, the Development Services Department shall
take no longer than thirty (30) calendar days to set the matter for public hearing at a
regularly scheduled Planning Commission meeting. The meeting date shall also be no more
than sixty (60) calendar days from the application’s filing date. Appeals to the City Council
from the actions of the Planning Commission shall follow the same procedure.The decision
of the Planning Commission shall be final.
Section 12.24.110 Installation of public improvements – Appeal of Director of
Development Services’ ruling – Application and fees.
In the event thatIf the Director of Development Services denies the request for a waiver of
obligation to install improvements, a written the property owner or his agent may file an
application shall be filed with the Development Services DepartmentCity Clerk to appeal
such denial;, the which appeal shall be heard by the Planning CommissionCity Council.
Said application must be filed within 10 days of the date on which the Director of
Development Services made theirhis ruling, be accompanied by the required appeal fee,
and include a written statement describing the basis of the appeal.
Following the filing of a complete application, including all associated fees, the
Development Services Department shall take no longer than thirty (30) calendar days to
set a hearing before the Planning CommissionCity Council shall be set for the next at a
regularly- scheduled meeting, or at such time thereafter as may be designated, to consider
the appeal. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date. The decision of the Planning Commission shall be final.
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Section 12.40.060 Appeal – Decision authority.
Upon receipt of such appeal, by the City Clerk shall take no longer than thirty (30) calendar
days to, the matter shall be placed the matter upon the agenda of a regularly scheduledthe
next meeting of the City Council. The meeting date shall also be no more than sixty (60)
calendar days from the application’s filing date., which shall, by formal resolution, render
its decision thereon within 40 days from the date of receipt by the City Clerk. The failure
of the City Council to act upon such appeal within the 40-day period shall be deemed a
denial of such appeal. The decision of the City Council shall be final and conclusive.
Section 15.04.260 Appeals – Time limit for filing – Form.
The applicant for a permit issued pursuant to this chapter, or the permittee, An interested
party may appeal to the Planning CommissionCity Council from any decision of the City
Engineer within ten (10) businessworking days after said decision. Appeals shall be in
writing and shall state the specific nature of the appeal. Appeals shall be filed with the
Development Services DepartmentCity Clerk. Once a valid application for appeal has been
filed, the Development Services Department shall take no longer than thirty (30) calendar
days to set the matter for public hearing at a regularly scheduled Planning Commission
meeting. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date. The decision of the Planning Commission shall be final.Planning
Commission
Section 17.28.040 Lighting plans – Approval required when.
All lighting plans in multiple-family, commercial and industrial zones shall be submitted
to the Director of PlanningZoning Administrator for approval prior to installation thereof.
Should the City disapprove of the plans, a written appeal by an interested party may be
filed to the Development Services Department may be taken to the Planning Commission.
Once a valid application for appeal has been filed, the Development Services Department
shall take no longer than thirty (30) calendar days to set the matter for a public hearing at
a regularly scheduled Planning Commission meeting. The meeting date shall also be no
more than sixty (60) calendar days from the application’s filing date. The decision of the
Planning Commission shall be final The determination of the Commission shall be final.
Section 17.35.070 Permit process.
B. The HLIT permit may be approved, approved with conditions, or denied by the
Director of Planning and Building Zoning Administrator, or his/her designee, without a
public hearing in accordance with CVMC 19.14.030, in the following circumstances:
1. Any planned facility project listed in Table 6-1 of the Chula Vista MSCP subarea
plan that only impacts natural vegetation and does not impact habitat occupied by
covered species, listed noncovered species, narrow endemic species, or wetlands.
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2. Any future facility project listed in Table 6-2 of the Chula Vista MSCP subarea
plan associated with a covered project that only impacts natural vegetation and does
not impact habitat occupied by covered species, listed noncovered species, narrow
endemic species or wetlands.
C. For all other HLIT permit applications, the Zoning AdministratorDirector of Planning
and Building, and or his/her designee, may approve, conditionally approve, or deny such
permit at a public hearing noticed in accordance with CVMC 19.14.180. The Zoning
AdministratorDirector of Planning and Building decision may be appealed to the Planning
CommissionCity Council in accordance with CVMC 19.14.110 and 19.14.130. The
decision of the Planning Commission shall be final.
Section 18.12.125 Appeals from determinations – Procedure.
In the event that an interested party the applicant or any interested party adversely affected
by a determination is dissatisfied with any determination of the Planning Commission, they
applicant or interested party may appeal to the City Council by filing a written statement
in writing with the City ClerkDirector of Development Services stating the reasons for
appeal within ten ( 10) business days following the determination. Once a valid application
for appeal has been filed, the City Clerk shall take no longer than thirty (30) calendar days
to set the matter for public hearing at a regularly scheduled Council meeting. The meeting
date shall also be no more than sixty (60) calendar days from the application’s filing date.
The decision of the City Council shall be finalThe matter shall be placed on the Council
agenda and heard within 30 days of receipt of a valid application of appeal.
Section 18.16.220 Approval – Appeal.
The decision of the Director of Development Services and the City Engineer’s decision
may be appealed by an interested party to the Planning CommissionCouncil. A written
notice of appeal must be filed with the Development Services Department within ten (10)
business days of the date the Planning Commission was noticed that the final map was
under review for final approval. Once a valid application for appeal has been filed, the
Development Services Department shall take no longer than thirty (30) calendar days to
set the matter for public hearing at a regularly scheduled Planning Commission meeting.
The meeting date shall also be no more than sixty (60) calendar days from the application’s
filing date. within 10 business days of the date Council was noticed that the final map was
under review for final approval. Within 30 days of the filing of a valid application for
appeal the Council shall hear the matter at a regularly scheduled meeting. The decision of
the Planning Commission shall be final.
Section 18.18.090 Appeals from determinations – Procedure.
In the event that the applicant or any interested party If an interested party is dissatisfied
with any determination of the City Engineer as to whether the property division qualifies
as a parcel map division, or as to any requirements or conditions which they seek to impose,
they may then the applicant may appeal the determination within ten (10) business days to
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the Planning CommissionCouncil by filing a written statement in writing with the
Development Services DepartmentDirector of Development Services stating the reasons
for appeal within 10 business days following the determination. Once a valid application
for appeal has been filed, the Development Services Department shall take no longer than
thirty (30) calendar days to set the matter for public hearing at a regularly scheduled
Planning Commission meeting. The meeting date shall also be no more than sixty (60)
calendar days from the application’s filing date. The decision of the Planning Commission
shall be final. The matter shall be placed on the Council agenda and heard within 30 days
of receipt of a valid application for appeal.
Section 18.18.120 Tentative parcel map – Waiver – Appeal.
All interested parties areAn interested party is provided the opportunity to appeal the
decision in writing to the Development Services Department within ten (10) business days
of decision of the City Engineer. Once a valid application for appeal has been filed, the
Development Services Department shall take no longer than thirty (30) calendar days to
set the matter for public hearing at a regularly scheduled Planning Commission meeting.
The meeting date shall also be no more than sixty (60) calendar days from the application’s
filing date. The appeal shall be heard within 30 days of filing a valid application for appeal
by the Council. Any application for a tentative parcel map waiver shall be filed as outlined
in the subdivision manual. The decision of the Planning Commission shall be final.
Section 18.20.210 Approval – Appeal – Procedure.
In the event that the applicant or any interested party If an interested party is dissatisfied
with any determination of the City Engineer as to whether the property division qualifies
as a parcel map division, or, as to any requirements or conditions imposed, they may then
the applicant or interested party may appeal the determination within ten (10) business days
to the Planning CommissionCouncil by filing a written statement in writing with the
Development Services DepartmentCity Engineer stating thehis reasons for appeal within
10 business days following the determination. Once a valid application for appeal has been
filed, the Development Services Department shall take no longer than thirty (30) calendar
days to set the matter for public hearing at a regularly scheduled Planning Commission
meeting. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date. The decision of the Planning Commission shall be final. The
matter shall be placed on the Council agenda and heard by the Council within 30 days of
the appeal.
Section 19.14.050 Public hearing – Mandatory when – Consolidation of public
hearings for multiple permit applications.
B. An interested party The applicant or other interested person who disagrees with the
ruling of the Zoning Administrator may appeal such ruling to the Planning
CommissionCity Council. In such cases, a public hearing as provided herein shall be
mandatory. Once a valid, written application for appeal has been filed, the Development
Services Department shall take no longer than thirty (30) calendar days to set the matter
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for public hearing at a regularly scheduled Planning Commission meeting. The meeting
date shall also be no more than sixty (60) calendar days from the application’s filing date.
The decision of the Planning Commission shall be final.
Section 19.14.120 Conditional use permit – Appeals of Planning Commission
decision – City Clerk duties.
Once a valid application for appeal has been filed, the City Clerk shall take no longer than
thirty (30) days to set the matter for public hearing at a regularly scheduled Council
meeting, and, giving the same notice as required in CVMC 19.12.060 through 19.12.080.
The meeting date shall also be no more than sixty (60) calendar days from the application’s
filing date. Upon the filing of the appeal, the City Clerk shall set the matter for public
hearing, giving the same notice as required in CVMC 19.12.060 through 19.12.080. The
matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid
application for appeal. The City Clerk shall send the Development Services Department a
duplicate copy of the appeal and request the Planning Commission to transmit to the City
Council a copy of its decision and findings, minutes of the hearing and all other evidence,
maps, papers and exhibits upon which the Planning Commission made its decision. The
decision of the City Council shall be final.
Section 19.14.240 Variance – Appeals – Procedure generally – Effect of filing –
Public hearing.
An interested party The applicant or other interested party may appeal the decision of the
Zoning Administrator to the Planning CommissionCity Council, within ten (10) business
days from the date on which said decision was made. Said appeal shall be in writtening and
filed with the Development Services Department on forms provided by said Department,
and shall specify therein that the decision of the Zoning Administrator was in error and
identify the facts and circumstances on which claim of error is based. Once a valid
application for appeal has been filed, the Development Services Department shall take no
longer than thirty (30) calendar days to set the matter for public hearing at a regularly
scheduled Planning Commission meetingIf an appeal is filed within the time limit
specified, it stays proceedings in the matter until a determination is made by the City
Council. The City Council shall set the matter for hearing, and, in compliance with noticing
requirements as set forth herein in CVMC 19.12.070 and 19.12.080. The meeting date shall
also be no more than sixty (60) calendar days from the application’s filing date. The
decision of the Planning CommissionCity Council shall beis final.
Where an application for a variance is included in a consolidated hearing and is neither
approved nor denied by the Planning Commission, or Chula Vista Redevelopment
Corporation for projects within a designated redevelopment project area, due to failure to
achieve a majority vote, the applicant shall have the right to either a rehearing at the next
Planning Commission or Chula Vista Redevelopment Corporation meeting, whichever is
applicable to the project, or an appeal to the City Council without payment of additional
fees. The choice of alternatives shall be at the discretion of the applicant. All other
proceedings pertaining to appeals shall continue to apply.
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Section 19.14.480 Site plan and architectural approval – Building Inspector
authority – Appeals.
A. Following site plan and architectural approval by the Zoning Administrator as provided
in this chapter, a copy of the decision resolution of the Zoning Administrator shall be filed
with the Development Services Director and mailed to the applicant. Appeals from
determinations by the Zoning Administrator shall be sent in writing by an interested party
to the Development Services DepartmentCity Council upon written request for a hearing
before the Planning CommissionCity Council. In the absence of such request being filed
within ten (10) business days after determination by the Zoning Administrator, the
determination shall be final.
B. A writtenThe appeal shall be filed by the applicant or an interested party with the
Development Services Department Development Services Director on athe form required
by the Development Services Director, and, to be accompanied by the nonrefundable
required fee therefor. The appeal shall include a statement of the reasons supporting the
appeal, including a demonstration that any issues being raised were raised before the
Zoning Administrator. Once a valid application for appeal has been filed, the Development
Services Department shall take no longer than thirty (30) days to set the matter for public
hearing at a regularly-scheduled Planning Commission meeting, and, giving the same
notice as required in CVMC 19.12.070 and 19.12.080. The meeting date shall also be no
more than sixty (60) calendar days from the application’s filing date. Upon the proper filing
of the appeal, the Development Services Director shall cause the matter to be set for public
hearing, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The matter
shall be placed on the Council agenda and heard within 30 days of receipt of a valid
application for appeal.
C. Upon the hearing of an appeal, the Planning Commission City Council may, by
resolution, affirm, reverse or modify, in whole or in any part, any determination of the
Zoning Administrator. The resolution shall contain findings of facts showing wherein the
project meets or fails to meet any applicable site plan and architectural principles in CVMC
19.14.470, the provisions of the design manual or any design standards required for the
project, or other nonconformity with the requirements of this chapter. A copy of the
decision resolution of the City CouncilPlanning Commission shall be filed with the
Development Services Director, and mailed to the applicant. The decision of the Planning
CommissionCity Council shall be final.
Section 19.14.486 Landscape plan approval – Application – Accompanying
documents – Fee.
B. Appeal. The Zoning Administrator shall approve, conditionally approve or deny
landscape plans. An interested party The applicant may appeal a denial or conditions
imposed upon approval by filing a written appeal to the Development Services
DepartmentCity Council, in accordance with CVMC 19.14.050, within 10 business days
of receipt of notification of denial or conditional approval from the Zoning Administrator.
Such shall be in writing on the form promulgated by the Director of Development
Servicesaffected director, accompanied by the required fee, and shall specify wherein the
action of the Zoning Administrator is inconsistent with the landscape manual and/or other
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applicable ordinances, manuals or policies of the City. Once a valid application for appeal
has been filed, the Development Services Department shall take no longer than thirty (30)
calendar days to set the matter for public hearing at a regularly scheduled Planning
Commission meeting. The meeting date shall also be no more than sixty (60) calendar days
from the application’s filing date. The Planning Commission City Council may grant,
conditionally grant, or deny the appeal. The decision of the Planning CommissionCity
Council is shall be final, and shall be based upon the landscape manual, and/or other
applicable ordinances, manuals, or policies of the City.
Section 19.14.490 Home occupations – Permit required when – Restrictions and
requirements – Revocation when – Appeals.
D. Permit any external display of products, merchandise, or any sign to identify the home
occupation.
A home occupation permit shall be revoked by the Director of Development Services
Director upon violation of any requirement of this chapter, or of any conditions or
limitation of any permit issued, unless such violation is corrected within 15 days of notice
of such violation, and any such permit may be revoked for repeated violation of the
requirements of this section or of the conditions of such permit.
In the event of denial of any permit, or the revocation thereof, or of objection to the
limitations placed thereon, appeal may be made in writing to the Planning Commission, In
the event of denial of any permit, or the revocation thereof, or of objection to the limitations
placed thereon, an interested party may then appeal the determination within ten (10)
business days to the Planning Commission by filing a written statement with the
Development Services Department, stating the reasons for appeal. Once a valid application
for appeal has been filed, the Development Services Department shall take no longer than
thirty (30) calendar days to set the matter for public hearing in front of the Planning
Commission. The meeting date shall also be no more than sixty (60) calendar days from
the application’s filing date.
Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm,
reverse or modify, in whole or in part, any determination of the Director of Development
Services. The resolution must contain a finding of facts showing wherein the project meets
or fails to meet the requirements of this chapter and the provisions of the design review
manual. The decision of the Planning Commission shall be final.whose decision shall be
final.
Section 19.14.588 Design review – Appeal procedure.
A. An interested party The applicant or other interested person may file an appeal from
the decision of the Planning Commission or Zoning Administrator for minor projects to
the Planning CommissionCity Council within ten (10) business days after the decision is
made. The appeal shall be in writing and filed with the Development Services Department
on forms prescribed for the appeal, and shall specify therein the argument against the
decision of the Planning Commission. Once a valid application for appeal has been filed,
the Development Services Department shall take no longer than thirty (30) calendar days
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to set the matter for public hearing at a regularly scheduled Planning Commission meeting.
The meeting date shall also be no more than sixty (60) calendar days from the application’s
filing date. If an appeal is filed within the time limit specified, it automatically stays
proceedings in the matter until a determination is made by the City Council.
Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm,
reverse or modify, in whole or in part, any determination of the Zoning Administrator. The
resolution must contain a finding of facts showing wherein the project meets or fails to
meet the requirements of this chapter and the provisions of the design review manual. The
decision of the Planning Commission shall be final.
B. An interested party may file an appeal from the decision of the Planning Commission
to the City Council within ten (10) business days after the decision is made. The appeal
shall be in writing and filed with the City Clerk on forms prescribed for the appeal, and
shall specify therein the argument against the decision of the Planning Commission. Once
a valid application for appeal has been filed, the City Clerk shall take no longer than thirty
(30) calendar days to set the matter for public hearing at a regularly scheduled City Council
meeting. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date. Upon the hearing of such appeal, the City Council may, by
resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning
Commission or Zoning Administrator for minor projects. The resolution must contain a
finding of facts showing wherein the project meets or fails to meet the requirements of this
chapter and the provisions of the design review manual.
Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or
modify, in whole or in part, any determination of the Planning Commission. The resolution
must contain a finding of facts showing wherein the project meets or fails to meet the
requirements of this chapter and the provisions of the design review manual. The decision
of the City Council shall be final.
B. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse
or modify, in whole or in part, any determination of the Planning Commission or Zoning
Administrator for minor projects. The resolution must contain a finding of facts showing
wherein the project meets or fails to meet the requirements of this chapter and the
provisions of the design review manual.
C. The decision of the City Council is final.
Section 19.48.060 P-C zone – Planning Commission action.
Following a public hearing, and upon making the required findings, the Planning
Commission shall make a recommendation to the City Council for approval or modified
approval of a proposed P-C zone, and shall also adopt a resolution recommending that the
City Council adopt the general development plan as submitted or as modified. Such
recommendation and the recommended general development plan shall be forwarded to
the City Council for its consideration. If unable to make the required findings, the Planning
Commission shall deny said application, and, forward that recommendation to the City
Council. An appeal from the action of the Planning Commission may be filed in accordance
with CVMC 19.12.110.
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Section 19.58.430 Liquor stores in the C-N zone.
Establishments that include the sale of alcoholic beverages for off-site use or consumption
may be allowed in the C-N zone upon issuance of a conditional use permit. The Zoning
Administrator shall hold a public hearing in accordance with CVMC 19.14.060 through
19.14.090 upon giving notice thereof in accordance with CVMC 19.12.070 and 19.12.080.
A conditional use permit shall not be granted unless the Zoning Administrator or other
issuing authority finds in his or her sole discretion, and based on substantial evidence in
view of the entire record, that all of the facts required by CVMC 19.14.080 exist, and that
approval of the permit will not result in an overconcentration of such facilities.
Overconcentration may be found to exist based on (A) the number and location of existing
facilities; (B) compliance with State Alcohol Beverage Control overconcentration
standards in effect at the time of project consideration; (C) the impact of the proposed
facility on crime; and (D) the impact of the proposed facility on traffic volume and traffic
flow. The Police Department or other appropriate City departments may provide evidence
at the hearing. A permit to operate may be restricted by any reasonable conditions
including, but not limited to, limitations on hours of operation. The City Council shall be
informed of the decision on each such permit by the City Clerk when the decision is filed
in accordance with CVMC 19.14.090. The decision of the Zoning Administrator may be
appealed.
Such appeal shall be directed to the Planning CommissionCity Council and must be filed
in writing with the Development Services Department within ten (10) business days after
the decision is made, as provided in CVMC 19.14.100. If a valid appeal applicationed is
received within the time limit, the Development Services Department shall take no longer
than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled
Planning Commission meeting. The meeting date shall also be no more than sixty (60)
calendar days from the application’s filing date. The Planning Commission must make the
same written findings required of the Zoning Administrator herein in order to grant the
permit, and, the decision of the Planning Commission shall be final. said appeal shall be
considered in a public hearing conducted by the City Council, in the same manner as other
appeals pursuant to CVMC 19.14.120 and 19.14.130; except, that the City Council must
make the same written findings required of the Zoning Administrator herein in order to
grant the permit.
Section 19.60.810 Processing of applications.
G. Appeals. All sign permit applications shall be initially reviewed by the Zoning
Administrator. An interested party The applicant or any concerned person may appeal any
sign related decision to the in this order: Design Review Committee, Planning
Commission, and City Council. AIn each case, written notice of appeal must be filed with
the Development Services DepartmentCity Clerk within ten (10) business days of when
the decision was delivered or sent to applicant and all known concerned persons, or, the
last day on which a decision could have been timely rendered. Once a valid application for
appeal has been filed, the Development Services Department shall take no longer than
thirty (30) calendar days to set the matter for public hearing at a regularly scheduled
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Planning Commission meeting. The meeting date shall also be no more than sixty (60)
calendar days from the application’s filing date. In each case, tThe appellate body must
conduct a hearing and consider evidence, and render a written decision within 30 days. In
the cases of appeal to the Planning Commission and the City Council, tThe hearing must
follow normal procedures for agendizing and giving public notice. The decision of the
Planning Commission shall be final. Unless time is waived by the applicant, any permit or
approval on which the City does not render a definite decision within the required time
shall be deemed denied, and the time for appeal or filing judicial review shall commence
on the last date on which the City could have issued a decision.
Section 19.66.220 Appeals of determinations.
The Zoning Administrator’s action with respect to the performance standards procedures
may be appealed to the Planning Commission within ten (10) business days following said
action. In the absence of such appeal, the Zoning Administrator’s determination shall be
final. If a valid application for appeal has been filed, the Development Services Department
shall take no longer than thirty (30) calendar days to set the matter for public hearing at a
regularly scheduled Planning Commission meeting. The meeting date shall also be no more
than sixty (60) calendar days from the application’s filing date. The decision of the
Planning Commission shall be final.
Section 19.89.080 Abandonment.
B. Notice, Appeal and Hearing. A written notice of the determination of abandonment, as
noted in subsection (A) of this section, shall be sent by certified first class mail, return
receipt requested, or personally delivered to the operator of the wireless
telecommunications facility at said operator’s business address on file with the City or the
operator’s agent for service of process on file with the California Secretary of State. Service
shall be effective on the date the notice was signed for or received. If the mailed notice is
returned unsigned, service shall be deemed effective three business days after the mailing
of a duplicate notice by regular first-class mail. The notice shall explain the consequences
of failing to remove the facility and identify all hearing/appeal rights.
The operator may appeal in writing to the Development Services Department the
determination of abandonment within ten (10) business days of being served with the
notice. The appeal shall include a statement of the reasons supporting the appeal, including
a demonstration that any issues being raised were raised before the Zoning Administrator.
Once a valid application for appeal has been filed, the Development Services Department
shall take no longer than thirty (30) calendar days to set the matter for public hearing at a
regularly scheduled Planning Commission meeting. The meeting date shall also be no more
than sixty (60) calendar days from the application’s filing date. After receiving the appeal,
City staff shall schedule a hearing on the matter to be conducted before the Planning
Commission at which time tThe operator may present at the hearing any relevant evidence
on the issue of abandonment. The Planning Commission may affirm, reverse, or modify
with or without conditions the determination of abandonment and shall make written
findings in support of its decision. The decision of the Planning Commission shall be final.
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Section 21.12.030 Appeals.
An interested party Theapplicant or any other interested party may appeal in writing the
decision of the Zoning Administrator or HPC to the Development Services Department
within ten (10) business days after the date of the decision. Once a valid application has
been received, Tthe Development Services Department shall take no longer than thirty (30)
calendar days to set the matter shall be set for public hearing and placed on an agenda for
a regularly scheduled HPC meeting upon receipt of appeal application., The meeting date
shall also be no more than sixty (60) calendar days from the application’s filing date. The
appeal which shall address in writing each of the findings for denial on a form prescribed
by the City and shall submit a fee pursuant to CVMC 21.12.020, for appeals of historic
preservation matters. All appeals shall be considered by the Planning
CommissionHPCCouncil, and the decision shall be final.
Section XIII. Short-Term Rental Licenses. The Chula Vista Municipal Code is
hereby amended as follows:
Section 5.68.050 Eligibility requirements.
H. An active-duty member of the military who is currently deployed shall be eligible to
operate their Dwelling as a Short-Term Rental. Proof of ownership within the City for at
least one year prior to the date(s) of deployment, documented to the satisfaction of the
Director of Development Services, shall be included as part of the application submittal.
I. The Dwelling Unit shall not have been developed or converted as part of a two-unit
residential development or Urban Lot Split Parcel Map pursuant to CVMC 19.58.450.
Section 5.68.070 Permit application requirements.
I. The Director of Development Services shall approve an application for a Short-Term
Rental Permit;, provided, that:
1. At the time of submission of the application, or at any time during the processing
of the application, the Dwelling Unit and the Applicant meet the eligibility
requirements of CVMC 5.68.050, and the application meets the conditions of permit
issuance pursuant to this section, including payment of the required fees.
2. Such approval shall be conditioned upon and subject to compliance with the
conditions identified by the Director of Development Services in the renewal, the
operational requirements of CVMC 5.68.110, and with all other terms, conditions, and
requirements of this chapter and the code.
J. If a permit application is denied, the Director of Development Services shall notify the
Applicant in writing. The notice will set forth the reasons for denial and the procedures for
an appeal of the Director of Development Services’ determination.
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J. The Director of Development Services shall deny an application and decline to issue a
Short-Term Rental Permit for any of the following reasons, in their discretion:
1. Failure to meet the eligibility requirements.
2. Failure to meet the conditions of permit issuance, including payment of the required
fees.
3. Failure to resolve violations of applicable codes regarding fire, building and safety,
health and safety, and other relevant laws, regulations, and ordinances applicable
to residential uses and the underlying zone, as more fully described in CVMC
Section 5.68.110(A).The notice will set forth the reasons for denial and the
procedures for an appeal of the Director of Development Services’ determination.
4. Determination that the Applicant has made a false, misleading, or fraudulent
statement or omission of fact in the application or in the application process.
5. Determination that the Applicant, Owner, or Agent has been adversely sanctioned,
or penalized by the City, or any other city, county, or state, for a violation of
applicable laws or regulations related to STR operations.
6. Determination that the Applicant, Owner, or Agent has conducted, facilitated,
caused, aided, abetted, suffered, or concealed unlawful STR activity in the City or
any other jurisdiction.
Additionally, if a Short-Term Rental Permit application is denied, the Director of
Development Services shall notify the Applicant in writing of the determination. The
notice will set forth the reasons for denial and the procedures for an appeal of the
determination.
LK. The Director of Development Services’ determination on the issuance or denial of a
Short-Term Rental Permit in response to a pending application or a renewal of a duly issued
Short-Term Rental Permit may be appealed in accordance with the appeal procedures of
CVMC 5.68.180.
ML. Upon issuance of a Short-Term Rental Permit in response to a permit application,
the Permittee shall comply with all requirements of the business license provisions and
transient occupancy tax provisions of this code for the Short-Term Rental Unit.
Section 5.68.170 Procedure for imposition of modification, suspension and/or
revocation of short-term rental permit.
A. In addition to any other penalty authorized by law, a Short-Term Rental Permit may
be modified, suspended, or revoked for any violation of this chapter or federal, state, or
local law in accordance with the provisions of this section, including the following:.
1. The Applicant or Agent for, and/or Owner of, the Short-Term Rental has been
adversely sanctioned or penalized by the City, or any other city, county, or state,
for a material violation of State or local laws or regulations related to Short -Term
Rentals.
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B - 83
The Applicant or Agent for, and/or Owner of, the Short-Term Rental has conducted,
facilitated, caused, aided, abetted, suffered, or concealed unlawful activity in the
City.
Section XIV. Enforcement and/or Abatement of Violations Occurring Within the
Public Right-of-Way. The Chula Vista Municipal Code is hereby amended as follows:
Chapter 12.04
GENERAL PROVISIONS
Sections:
12.04.010 Short title.
12.04.020 Plans, maps and studies applicable – Scope – Drainage facility defined.
12.04.025 Enforcement – Generally.
12.04.030 Enforcement – Lien procedure.
12.04.040 Exemptions from fee payment and insurance designated – Liability
agreement required.
Section 12.04.025 Enforcement – Generally.
The general enforcement of this Title, including the abatement of violations and non-
compliance with an issued Permit, shall fall within the following purview: 1) Code
Enforcement, for any violation occurring within the area of public right-of-way between
the property line and curb; 2) Police Department, for any violation occurring within the
street area of the public right-of-way.
Section 19.08.010 Conformance to regulations required – Officers authorized for
enforcement duty.
All Department officials and public employees of the City vested with the duty or authority
to issue permits shall conform to the provisions of this title, and shall issue no permit,
certificate or license for uses, buildings or purposes in conflict with the provisions
contained herein; and any such permit, certificate or license issued in conflict with the
provisions of this title, intentionally or otherwise, shall be null and void. It shall be the duty
of the Building Inspector, the Zoning Administrator and the Police Department to enforce
the provisions of this title, pertaining to the erection, construction, reconstruction, moving,
conversion, alteration or addition to any building or structure and the use of any land,
building or premises. Additionally, Code Enforcement staff shall enforce and subsequently
abate any violations under this Title that are located within the section of the public right-
of-way from the property line to the curb.
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B - 84
Section XVII. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section XVIII. 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 XIX. Effective Date
This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final
passage.
Section XX. Publication.
The City Clerk shall certify to the passage and adoption of this Ord inance 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
Director of Development Services City Attorney
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RESOLUTION NO. 2022-015
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING AMENDMENTS TO CHULA VISTA
MUNICIPAL CODE (CVMC) CHAPTER 2.24 (REDEVELOPMENT
AGENCY), TITLE 6 (ANIMALS), TITLE 9 (PUBLIC PEACE, MORALS,
AND WELFARE), TITLE 10 (VEHICLES AND TRAFFIC), TITLE 12
(STREETS AND SIDEWALKS), TITLE 13 (SEWERS), TITLE 14
(WATERCOURSES), TITLE 15 (BUILDINGS AND CONSTRUCTION),
TITLE 17 (ENVIRONMENTAL QUALITY), TITLE 18 (SUBDIVISIONS),
TITLE 19 (PLANNING AND ZONING), AND TITLE 21 (HISTORIC
PRESERVATION).
WHEREAS, in 2009, the Development Services Oversight Committee (“Oversight
Committee”) was formed to work with staff in identifying areas within the Development Services
Department needing improvement and assisting in developing workable solutions; and
WHEREAS, necessary amendments to the Chula Vista Municipal Code (CVMC) have
been identified to help further streamline and clarify permit processes/regulations, fix outdated
references, and comply with State Law; and
WHEREAS, staff presented the draft code amendments to the Oversight Committee, which
recommended adoption; and
WHEREAS, the Director of Development Services reviewed the proposed legislative
action for compliance with the California Environmental Quality Act (CEQA) and determined that
the action qualifies for the “common sense” exemption under State CEQA Guidelines Section
15061(b)(3). The action involves only updates, modifications, and organizational changes to the
CVMC relating to City Department names and staff titles, section numbering, hearing and appeal
processes for zoning decisions, additions of definitions, and Code en forcement processes and
actions. Furthermore, the action of updating and modifying the CVMC with procedural and clerical
changes will not result in an intensification of uses or a change in development potential within
the City above what already is permitted under the existing land use and zoning policies of the
CVMC that are being updated. Based on an analysis of the nature and type of these procedural and
clerical changes to the CVMC, there is a certainty that there is no possibility that the action may
have a significant effect on the environment; and
WHEREAS, a hearing time and place was set by the Planning Commission to consider the
CVMC amendments and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, at least ten (10) days prior to the
hearing;
WHEREAS, the Planning Commission held a duly noticed public hearing to consider said
code amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and the hearing was thereafter closed.
DocuSign Envelope ID: 1176FF46-F0E2-45BB-BE15-97A65B057AB3
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Planning Commission Resolution 2022-2015
December 14, 2022
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission hereby
recommends that the City Council of the City of Chula Vista adopt the proposed amendments,
excluding Community Purpose Facilities and Family Day Care Homes, to Chula Vista Municipal
Code Title 2, Title 6, Title 9, Title 10, Title 12, Title 13, Title 14, Title 15, Title 17, Title 18, Title
19, and Title 21, related to streamlined improvements for both the overall City and specifically the
Development Services Department.
BE IT FURTHER RESOLVED THAT that the Planning Commission hereby recommends
that the City Council of the City of Chula Vista find that the proposed amendments , excluding
Community Purpose Facilities and Family Day Care Homes, to the Chula Vista Municipal Code
(CVMC) identified in this Resolution qualifies for the “common sense” exemption under State
CEQA Guidelines Section 15061(b)(3). The action involves only updates, modifications, and
organizational changes to the CVMC relating to City Department names and staff titles, section
numbering, hearing and appeal processes for zoning decisions, additions of definitions, and Code
enforcement processes and actions. Furthermore, the action of updating and modifying the CVMC
with procedural and clerical changes will not result in an intensification of uses or a change in
development potential within the City above what already is permitted under the existing land use
and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and
type of these procedural and clerical changes to the CVMC, there is a certainty that there is no
possibility that the action may have a significant effect on the environment.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City
Council.
Presented by: Approved as to form by:
_________________________ _____________________
Laura C. Black, AICP Glen R. Googins
Director of Development Services City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 14th day of December, 2022, by the following vote, to-wit:
AYES: Burroughs, Combs, De La Rosa, Felber, Milburn, Torres, Zaker
NOES: 0
ABSENT: 0
ABSTAIN: 0
DocuSign Envelope ID: 1176FF46-F0E2-45BB-BE15-97A65B057AB3
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Planning Commission Resolution 2022-2015
December 14, 2022
Page 3
___________________________
Max Zaker, Chair
ATTEST:
_______________________
Patricia Salvacion, Secretary
DocuSign Envelope ID: 1176FF46-F0E2-45BB-BE15-97A65B057AB3
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Attachment #3 – Changes to
Department and Director Titles
6.08.080 Kennels, catteries and pet shops – Permit prerequisites.
No permit for the activities included in this chapter shall be valid unless it shall have has
been certified by the Director of Development Services, Planning and Building or designee,
as not being in conflict with ordinances and local regulations concerning planning and
zoning.
9.40.030 Application for conversion or discontinuance of mobilehome or trailer
park.
A. Application for Conversion or Discontinuance. Prior to the approval of any rezoning,
subdivision map, or the issuance of any permit, including a building permit, which would
allow the use of any properties presently or hereinafter utilized for mobilehome or trailer
parks to be used for any purpose other than a mobilehome or trailer park, or prior to th e
cessation of use of all or any part of a mobilehome or trailer park, an application to convert
from such use or to discontinue must be filed with the Community Development
Development Services Department. The requirements of this section shall be applicable
whether or not the mobilehome or trailer park is:
1. Located within an exclusive mobilehome park zone;
2. Located within a zone subject to conditional use permit; or
3. Entitled to be used as a mobilehome or trailer park based on nonconforming rights.
B. Application Requirements. The following information or documentation shall
constitute application for conversion or discontinuance of an existing mobilehome or trailer
park.
1. A relocation plan which shall make adequate provision for the relocation of the
mobilehome or trailer owner/occupant who will be displaced by the discontinuance of
the use of the property for a mobilehome or trailer park;
2. A profile of the existing park, including:
a. Number of spaces,
b. Names and addresses of all mobilehome or trailer owner/occupants,
c. Date of manufacture of each home,
d. Replacement value of each home,
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e. Estimated cost of relocation of each home,
f. Length of tenancy of each mobilehome or trailer owner/occupant,
g. Estimated income and age of each mobilehome or trailer owner/occupant;
3. A timetable for vacating the existing park;
4. Evidence satisfactory to the Community Development Director of Development
Services, or designee, that agreements satisfying the relocation assistance
requirements of this chapter have been offered to eligible mobilehome or trailer
owner/occupants. Such evidence may include, but is not limited to, the following:
a. Written agreements to relocate mobilehomes or trailers owned by low- and
moderate-income mobilehome or trailer owner/occupants,
b. Assistance for low- and moderate-income mobilehome or trailer
owner/occupants in the form of payment by the park owner of 75 percent, up to a
maximum of $3,000, of the cost of relocating the mobilehome or trailer to another
mobilehome or trailer park within 100 miles;
5. Evidence that the park owner has informed all mobilehome or trailer
owner/occupants in writing of alternative sites available to them;
6. Evidence that the park owner has agreed to purchase those homes of low- and
moderate-income mobilehome or trailer owner/occupants which are determined to be
not relocatable due to age and/or condition. Such purchases shall be based on standard
insurance replacement criteria;
7. Evidence that the displaced residents have been provided right of first refusal to
purchase, lease or rent any dwelling units or mobilehome or trailer spaces which may
be built on the subject property;
8. A narrative summary of planned new use of property to be converted or reason for
non-use;
9. As an alternative to subsection (B)(4)(b) of this section, evidence that the park
owner has given the mobilehome or trailer owner/occupants a three-year notice to
vacate, said notice being pursuant to Section 798.56(f) of the Civil Code. If such a
three-year notice is given, the applicant must assist all low- and moderate-income
displaced mobilehome or trailer owner/occupants in accordance with the following
schedule:
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If Mobilehome or
Trailer
Owner/Occupant
Vacates Before
End of
Portion of
Expenses
Paid by
Owner
Up to a
Maximum
of
First year 75% $3,000
Second year 50% $2,000
Third year 25% $1,000
C. Submittal to and Decision of the Community Development Director of Development
Services, or designee. All of the above application information shall be submitted to the
Community Development Director of Development Services, or designee. The Community
Development Director of Development Services, or designee, shall make hisa decision in
the following manner:
1. If the Community Development Director of Development Services, or designee,
determines that the application is complete and conforms with all regulations, policies
and guidelines, and that the relocation plan or other commitments by the park owner
mitigate the impact of conversion or discontinuance on the health, safety and general
welfare of persons residing in the mobilehome or trailer park, he shall grant the
application for conversion.
2. If the Community Development Director of Development Services, or designee,
determines that the application is not complete or it does not conform with all
regulations, policies and guidelines, or that the relocation plan or other commitments
by the park owner do not mitigate the impact of conversion or discontinuance on the
health, safety or general welfare of persons residing in the mobilehome or trailer park,
he shall deny the application for conversion.
3. The Community Development Director of Development Services, or designee,
may establish the date on which the resolution of conversion or discontinuance will
become effective. Such date shall not be more than three years from the date of
decision of the Community Development Director of Development Services, or
designee, or such earlier date as the applicant has complied with the provisions of an
approved relocation plan and submitted evidence thereof to the Community
Development Director of Development Services, or designee.
4. In granting or denying the application for conversion or discontinuance of the
mobilehome or trailer park, the Community Development Director of Development
Services, or designee, shall make a written finding in rendering the decision and shall
fully set forth wherein the facts and circumstances fulfill or fail to fulfill the
requirements set forth herein.
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5. A copy of this written finding of facts shall be filed with the City Clerk and the
Director of Development ServicesPlanning and Building, or designee, and shall be
mailed to the applicant and to the mobilehome or trailer owner/occupants of the
mobilehome or trailer park.
6. The decision of the Community Development Director of Development Services,
or designee, shall be final on the fifteenth day following the mailing of the decision to
the applicant and the mobilehome or trailer owner/occupants required in subsection
(C)(5) of this section, except when appeal is taken to the City Council as provided in
subsection (D) of this section.
D. Appeal from the Decision from the Community Development Director of Development
Services, or designee.
1. An appeal from the decision of the Community Development Director of
Development Services, or designee, on an application for conversion or
discontinuance of a mobilehome or trailer park may be taken to the City Council within
15 days following the decision of the Community Development Director. The appeal
may be taken by the applicant, any governmental body or agency, any owner of real
property located within the City or any resident of the City. The appeal shall be in
writing on a prescribed form and filed with the City Clerk. The appeal shall specify
wherein there was an error in the decision of the Community Development Director of
Development Services, or designee. If an appeal is filed within the time specified, it
shall automatically stay proceedings in the matter until a determination is made by the
City Council.
2. Upon the filing of the appeal, the Community Development Director of
Development Services, or designee, shall set the matter for public hearing before the
City Council at the earliest practicable date. The public hearing shall be noticed and
held in accordance with the provisions of this code. Notice of time and place and
purpose of such hearing shall be given as follows:
a. By at least one publication in the official newspaper of the City, not less than
10 days prior to the date of the hearing;
b. By mailing notices at least 10 days prior to the date of such hearing to the
mobilehome or trailer park owner and to all mobilehome or trailer
owner/occupants of the mobilehome or trailer park.
3. Upon the hearing of the appeal, the City Council may by resolution affirm, reverse
or modify in whole or in part any determination of the Community Development
Director of Development Services, or designee, subject to the same limitations as are
placed upon the Community Development Director of Development Services, or
designee, by law and the provisions of this code. The resolution must contain a finding
of fact showing wherein the proposed development meets or fails to meet the
requirements herein.
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4. The decision of the City Council shall be final unless appealed to a court of
competent jurisdiction.
E. Waiver. The Community Development Director of Development Services, or designee,
may recommend to the City Council the acceptance of other mitigating actions by the park
owner in lieu of the specific provisions herein if extreme economic hardship would result
for the park owner, or if other proposed mitigating actions have recommending benefit.
F. Notification Requirements. In addition to any notification requirements under the
California Civil Code, the following notification requirements shall apply to any
application for conversion or discontinuance of mobilehome or trailer park use:
1. A minimum of 10 calendar days prior to an applicant filing an application for
conversion or discontinuance of the mobilehome or trailer park, the applicant shall
give written notice to each mobilehome or trailer owner/occupant of the mobilehome
or trailer park of the proposed change. Such notice shall be subject to the prior approval
of the Community Development Director of Development Services, or designee.
2. No public hearing required hereunder to consider an application for conversion or
discontinuance of a mobilehome or trailer park use shall be held unless and until the
applicant submits to the Community Development Director of Development Services,
or designee, an affidavit approved as to form by the City Attorney declaring that the
applicant has given the notice required by this provision.
G. Penalty. Violation of any provision of this chapter by the owners of mobilehome or
trailer parks shall be deemed to be a misdemeanor subject to the penalties as established
by state law for misdemeanors. In addition thereto, any mobilehome or trailer
owner/occupant in a mobilehome or trailer park where conversion to other uses or
discontinuance has been sought or accomplished, and in which violations of the terms and
provisions of this chapter have occurred, may seek civil remedies for damages in
accordance with the relocation provisions contained herein, no later than one year from the
date of lease cancellation or eviction from the mobilehome or trailer park.
Section 10.84.035 Citation authority.
The Director of Development Services (or designee)Planning and Building Director, code
enforcement officers and other employees designated by the Director of Development
ServicesPlanning and Building Director shall have the authority to enforce Chapters 10.52,
10.84 and 19.62 CVMC by issuing written notice of the violation.
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Section 12.48.040 Existing buildings – Occupant duty to obtain number.
It shall be the duty of the lessee, occupant, or owner of any existing building to obtain the
proper building number from the Director of Planning and Building and to place this
number on said building within 30 days from July 18, 1969.
Section 12.48.050 New bBuildings – Occupant to place number on building when.
It shall be the duty of the lessee, occupant or owner of any new building to place the number
assigned by the Director of Development Services, or designee,Planning and Building on
said building on or before the day final inspection is made by the Building Inspector.
Section 12.48.060 Enforcement – Notice required – Occupant compliance
required.
A. If the Director of Development Services, or designee,Planning and Building finds any
building upon which the proper number has not been properly placed as required by this
chapter, theyhe may order the applicant, lessee, occupant or owner to obtain and properly
place such number within 10 days.
B. The posting of a notice upon the entrance door of such building shall meet the
requirements of this section for legal service of such notice or order.
C. It shall be the duty of the lessee, occupant and/or owner of said building to comply
with said order.
Section 12.50.020 Authority.
California Penal Code Section 556 provides that signs may be temporarily placed in public
rights-of-way only after the person placing the sign in the right-of-way has received the
lawful permission of the City by permit and in accordance with the restrictions on signs set
forth in this section. It shall be the responsibility of the Director of Development Services,
or designee, Planning and Building or his or her designee to receive applications and fees,
issue permit stickers, and monitor the temporary placement of portable signs.
Section 12.50.040 Permit issuance.
A. Except for signs allowed under Section VIII of City Council Policy 465-02, no sign
shall be placed within any portion of the public right-of-way without first being issued a
temporary public right-of-way sign permit from the City of Chula Vista. To obtain a permit,
the requestor/permittee shall:
1. Complete and sign an application form as required by the Director of Development
Services, or designee Planning and Building.
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2. Indemnify and hold the City, its officers, employees, and representatives harmless
from all liability for damage or claims for damage for personal injury, including death,
and claims for property damage, which may arise from the direct or indirect operations
of the permittees, agents, employees, or other persons acting on the permittees’ behalf
for all damages and claims for damages suffered or alleged to have been suffered by
reason of the obligations referred to in the permit, regardless of whether or not the City
approved plans or specifications or inspected any of the signs erected pursuant to this
permit.
3. Provide proof of and maintain in force policies or certificates of insurance, of
comprehensive public liability insurance in a combined single limit amount of at least
$1,000,000. Such insurance shall be procured from an insurer authorized to do
business in California, shall provide primary and not excess coverage, and shall name
the City of Chula Vista as additional insured. Lapse of valid insura nce shall
immediately render void any permit issued pursuant to this section.
4. Remit the permit fee. Permit stickers are issued on a calendar year basis and are
not prorated. The fee for the permit shall be set by the City Council. Two permit
stickers numbered alike shall be issued for each fee paid so that a permit is visible on
each side of every sign.
B. Permits are issued to an individual, business, or group and shall not be reassigned or
transferred.
Section 13.04.010 Definitions.
K. “Grease pretreatment device” shall mean a device conforming to the Uniform
Plumbing Code requirements for grease interceptors and/or grease traps approved by the
Director and the Director of Development Services, or designee,Planning and Building and
designed to remove grease from wastewater before it enters the building sewer.
Section 14.18.250 Duties of the Planning Director of Development Services.
The duties and responsibilities of the Planning Director of Development Services, or
designee, shall include, but not be limited to, assuring that the General Plan is consistent
with floodplain management objectives in this chapter.
Section 15.18.040 Section 201.1 amended to remove designation of Assistant
Director of Planning and Building from the Building Official.
Section 201.1 of the Uniform Code for the Abatement of Dangerous Buildings, as it applies
in Chula Vista, shall read as follows:
Section 201.1 Administration. The building official is hereby authorized and
directed to enforce all the provisions of this code.
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The building official shall have the power to render interpretations of this code
and to adopt and enforce rules and supplemental regulations in order to clarify the
application of its provisions. Such interpretations, rules and regulations shall be in
conformity with the intent and purpose of this code.
Section 15.18.050 Section 205.1 amended to reclassify the designation of Assistant
Director of Planning and Building to Building Officials within the Board of Appeals.
Section 205.1 of the Uniform Code for the Abatement of Dangerous Buildings, and the
title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 205.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and
interpretations of this code, there is hereby established a board of appeals and
advisors consisting of seven members who are qualified by experience and
training to pass upon matters pertaining to building construction, use and
occupancy. The building official shall be an ex-officio member who shall not be
entitled to vote and who shall act as secretary to the board. The board of appeals
and advisors shall be appointed by the mayor and confirmed by the city council.
The board shall render all decisions and findings in writing to the building official
with a duplicate copy to the appellant. Appeals to the board shall be processed in
accordance with the provisions contained in Chapter 5 of this code or in
accordance with such procedures as may be prescribed by the city attorney of the
city of Chula Vista. The decision of the board is final. The board of appeals and
advisors shall recommend to the city council such new legislation deemed
necessary to govern construction, use and occupancy of structures in the city of
Chula Vista.
Section 15.20.025 Section 201.1 amended to remove the designation of Assistant
Director of Building and Housing from the Building Official.
Section 201.1 of the Uniform Housing Code, as it applies in Chula Vista, shall read as
follows:
Section 201.1 Authority. The building official is hereby authorized and directed
to enforce all the provisions of this code. For such purpose, the building official
shall have the powers of a law enforcement officer.
The building official shall have the power to render interpretations of this code
and to adopt and enforce rules and regulations supplemental to this code as may
be deemed necessary in order to clarify the application of the provisions of this
code. Such interpretations, rules and regulations shall be in conformity with the
intent and purpose of this code.
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Section 15.20.035 Section 203.1 amended to remove the designation of Assistant
Director of Building and Housing from the Building Official, regarding serving as
Advisor to the Housing Advisory and Appeals Board.
Section 203.1 of the Uniform Housing Code, and the title precedent thereto, as it applies
in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 203.1 General. In order to provide for reasonable interpretation of the
provisions of this code, to mitigate specific provisions of the code which create
practical difficulties in their enforcement and to hear appeals provided for
hereunder, there is hereby established a board of appeals and advisors consisting
of seven members who are qualified by experience and training to pass upon
matters pertaining to building construction, use and occupancy of residential
structures. The building official shall be an ex-officio member who shall not be
entitled to vote and who shall act as secretary to the board. The board of appeals
and advisors shall be appointed by the mayor and confirmed by the city council.
The board shall render all decisions and findings in writing to the building official
with a duplicate copy to the appellant. Appeals to the board shall be processed in
accordance with the provisions contained in Section 1201 of this code or in
accordance with such procedures as may be prescribed by the city attorney of the
city of Chula Vista. The decision of the board is final. The board of appeals and
advisors shall recommend to the city council such new legislation deemed
necessary to govern construction, use and occupancy of residential structures, in
the city of Chula Vista.
Section 15.38.040 Subsection (a) of Section 104.1 amended to reclassify the
designation of Assistant Director of Planning and Building to Building Official within
the Board of Appeals.
Subsection (a) of Section 104.1 of the Urban-Wildland Interface Code, and the title
precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 104.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and
interpretations of this code, there is hereby established a Board of Appeals and
Advisors consisting of seven members who are qualified by experience and
training to pass upon matters pertaining to building construction, use and
occupancy. The building official and the fire marshal shall be ex-officio members
who shall not be entitled to vote. The building official shall act as secretary to the
Board. The Board of Appeals and Advisors shall be appointed by the mayor and
confirmed by the city council. The Board shall render all decisions and findings
in writing to the building official with a duplicate copy to the appellant. Appeals
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to the Board shall be processed in accordance with the procedures as may be
prescribed by the City Attorney of the City of Chula Vista. The decision of the
Board is final. The Board of Appeals and Advisors shall recommend to the city
council such new legislation deemed necessary to govern construction, use and
occupancy of structures, in the City of Chula Vista.
Section 15.04.017 Other required permits.
Prior to the City’s issuance of a land development permit or clearing and grubbing permit,
the applicant shall show compliance with a habitat loss and incidental take (HLIT) permit
issued pursuant to Chapter 17.35 CVMC, for areas that contain sensitive biological
resources, as defined by CVMC 17.35.030, and are within:
A. Development areas outside of covered projects, as defined by CVMC 17.35.030;
B. Seventy-five (75) to 100 percent conservation areas, as defined by CVMC 17.35.030;
or
C. One hundred (100) percent conservation areas, as defined by CVMC 17.35.030.
Prior to the City’s issuance of a land development permit or clearing and grubbing permit
for areas that contain sensitive biological resources, as defined by CVMC 17.35.030, and
are within the development areas of covered projects, as defined by CVMC 17.35.030, the
applicant shall show compliance with all applicable provisions of previous project
entitlements issued by the City and with any applicable conditions of coverage listed in the
Chula Vista MSCP subarea plan, as determined by the Director of Development Services
Planning and Building or designee.
Prior to the City’s issuance of a land development permit or clearing and grubbing permit
for areas that will result in impacts to wetlands or to listed noncovered species, as defined
by CVMC 17.35.030, the applicant shall obtain, and show compliance with, all applicable
federal and/or state permits.
Section 15.04.060 Landscaping and irrigation system.
All cut and fill slopes shall be planted and irrigated in accordance with an approved plan.
Said plan shall be prepared in accordance with the City landscape manual and shall be
approved by the City landscape architect, and the Director of Development Services
Planning and Building or designee, as necessary.
Section 15.04.100 Building construction – Land development permit required –
Prerequisite to building permit.
A. An owner of land desiring to do land development work incidental to and in connection
with the construction of a building or structure shall present an application and obtain a
land development permit or clearing and grubbing permit. The City Engineer may require
an on-site field inspection of the rough grading phase of the work between representatives
of the City’s Development Services Department Engineering, Planning and Building
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Departments and the permittee; civil engineer; soil engineer; biologist, as defined by
CVMC 17.35.030; and engineering geologist, as appropriate, before the issuance of a
building permit. The permittee shall request a field inspection of the rough grading phase,
if required, five working days prior to the inspection. The rough grading phase of the land
development work described on form PW-E-106B shall be completed prior to the issuance
of a building permit except as provided below. The City may suspend any building permit
where it is found that land development work is being done or has been done without a
land development permit or clearing and grubbing permit until a land development permit
or clearing and grubbing permit is issued. The City may not certify to the completion of
the building where land development work has been done until a land development permit
is obtained and certified as complete.
Section 15.04.140 Completion of work – Final reports.
E. A final biology report, if determined necessary by the Director of Development
ServicesPlanning and Building or designee, which includes an assessment of the impacts
on sensitive biological resources affected by the land development work.
Section 15.04.145 Notification of completion.
The permittee shall notify the City Engineer when the land development work is ready for
final inspection. HeThey shall also notify the City Landscape Architect and the Director of
Development ServicesPlanning and Building, or designee, when planting and irrigation are
completed. Final approval shall not be given until all work, including installation of all
drainage structures and facilities, sprinkler irrigation systems, planting and all protective
devices, has been completed and any required planting established and all as-built plans
and reports have been submitted. The City Engineer may accept in writing the completion
of all work, or any portion of the work, required by the permit issued in accordance with
this chapter and thereupon accept said work or portion thereof.
Section 15.04.150 Exemptions from applicability designated.
D. Excavation for foundations of buildings, structures, basements, cellars, swimming
pools or basins which are authorized by appropriate permits obtained from the
Development Services DepartmentPlanning and Building Department;
K. Clearing and grubbing in an area located entirely within a mapped development area,
as defined by CVMC 17.35.030, where it has been demonstrated to the satisfaction of the
Director of Development ServicesPlanning and Building, or designee, that no sensitive
biological resources, as defined by CVMC 17.35.030, exist;
Section 15.04.155 Contractor – Qualifications required.
Every person doing land development work shall meet such qualifications as may be
determined by the City Engineer and/or Director of Development Services, or
designee,Planning and Building to be necessary to protect the public interest. The City
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Engineer and/or Director of Development Services, or designee, sPlanning and Building
may require an application for qualification which shall contain all information necessary
to determine the person’s qualifications to do the land development work.
Section 15.04.180 Private contract performance bond – Required when – Issuance
conditions generally.
Persons performing private contract work under a permit issued in accordance with this
chapter shall furnish a bond/bonds or cash deposit or instrument of credit executed by the
owner or his agent, or both, as principal in accordance with the provisions codified in this
section through CVMC 15.04.215.
The performance bond/bonds shall be issued by a surety company authorized to do business
in the state and shall be approved as to form by the City Attorney. The bond/bonds shall
be in favor of the City and shall be conditioned upon the completion, free of liens, of the
work authorized by the permit in accordance with the requirements of this chapter and the
conditions prescribed by the permit. Slope planting and irrigation bonds will be separate
from the performance bond requirements for appurtenant structures and grading. They will
be held with the Development Services Departmentin the office of the Director of Planning
and Building until satisfactory compliance with landscaping and irrigation has been
accepted.
Section 15.04.270 Permits – Application – Detailed plans and specifications
required.
11. An erosion control plan as may be required by the City Engineer, or, the Director
of Development Services, or designeePlanning and Building.
Section 15.04.305 Fees – To be doubled in certain cases – Effect of imposition.
In the event that land development work is commenced without a land development or
clearing and grubbing permit, the City Engineer shall cause such work to be stopped until
a permit is obtained. The permit fee, in such instance, shall then be the normally required
permit fee, plus $500.00. The payment of the increased permit fees shall not relieve any
person from fully complying with the requirements of this chapter in the performance of
the work. Such fee shall defray the expense of enforcement of the provisions of this chapter
in such cases.
When land development work commences without a permit and results in damage to
sensitive biological resources, as defined by CVMC 17.35.030, restoration requirements
(including maintenance and monitoring) shall be imposed at the sole discretion of the
Director of Development Services, or designee,Planning and Building and the full cost of
the restoration shall be borne by the property owner.
When land development work is inconsistent with a permit issued pursuant to Chapter
17.35 CVMC and results in damage to sensitive biological resources, as defined by CVMC
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17.35.030, restoration requirements (including maintenance and monitoring) shall be
imposed at the sole discretion of the Director of Development Services, or
designee,Planning and Building and the full cost of the restoration shall be borne by the
property owner. The payment of such fees or penalties as described above shall not prevent
the imposition of any penalty prescribed or imposed by this chapter, Chapter 1.41 CVMC,
or other federal or state law.
Section 17.35.030 Definitions.
“Biologist” means a person meeting the qualifications as established by the Director of
Development Services, or designee,Planning and Building and approved by the same. At a
minimum, the person shall have at least a four-year college degree in biology, zoology,
botany, wildlife management, or other closely related field, with at least two years’
experience conducting field investigations in San Diego County.
“Project area” means an area considered for development and shall include the entire
contiguous land under the same ownership or like property interest, or in the case of
development proposed by a public agency, the area required for development as determined
by the Director of Development Services, or designeePlanning and Building.
17.35.060 Application for HLIT permit.
A. General Submittal Requirements. The following are general submittal requirements
for all HLIT permits:
1. Submit a completed application form to the City of Chula Vista Development
Services DepartmentPlanning and Building Department – planning division.
3. For project areas located in 100 percent conservation areas, 75 to 100 percent
conservation areas, development areas outside of covered projects with indicators or
the presence of narrow endemic species or wetlands, or as otherwise deemed necessary
by the biological survey as determined by the Director of Development
ServicesPlanning and Building, or his/her designee, the applicant shall prepare and
submit an opportunities and constraints analysis to evaluate the proposed development
and its relationship to the sensitive biological resources. The opportunities and
constraints identified shall be used to determine the portions of the project area that
are most suitable for development and those that should be conserved for biological
purposes. The opportunities and constraints analysis shall include:
d. Map of the project area at a suitable scale, which includes and clearly
delineates, to the satisfaction of the Director of Development Services, or
designeePlanning and Building, the following information:
4. Any other requirements deemed necessary by the Director of Development
Services, or designee,Planning and Building for consideration of the proposed HLIT
permit application.
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(B)(1)f. Any other requirements deemed necessary by the Director of
Development Services, or designee,Planning and Building for consideration of the
proposed HLIT permit application.
(C)(1)f. Any other requirements deemed necessary by the Director of
Development Services, or designee,Planning and Building for consideration of the
proposed HLIT permit application.
Section 17.35.070 Permit process.
B. The HLIT permit may be approved, approved with conditions, or denied by the
Director of Development ServicesPlanning and Building, or his/her designee, without a
public hearing in accordance with CVMC 19.14.030, in the following circumstances:
C. For all other HLIT permit applications, the Director of Development ServicesPlanning
and Building or, and or his/her designee, may approve, conditionally approve, or deny such
permit at a public hearing noticed in accordance with CVMC 19.14.180. The decision
Director of Planning and Building decision may be appealed to the City Council in
accordance with CVMC 19.14.110 and 19.14.130.
Section 17.35.080 Required findings for issuance of an HLIT permit.
(C)1. Prior to issuance of a land development permit or clearing and grubbing permit,
the project proponent will be required to obtain any applicable state and federal
permits, with copies provided to the Director of Development ServicesPlanning and
Building, or his/her designee.
Section 17.35.110 Mitigation.
(A)4. Mitigation for permanent impacts to narrow endemic species populations shall
be determined on a case-by-case basis by the Director of Development
ServicesPlanning and Building, or his/her designee, and may include such measures
as management, enhancement, restoration and/or transplantation. Mitigation shall be
in-kind and mitigation ratios for such measures shall be required at a 1:1 to 3:1 ratio
depending on the sensitivity of the species and population size and in accordance with
Section 5.2.3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and
as may be amended from time to time and the MSCP implementation guidelines.
(B)2. Mitigation for impacts to narrow endemic species populations shall be
determined on a case-by-case basis by the Director of Development ServicesPlanning
and Building, or his/her designee, and may include such measures as management,
enhancement, restoration and/or transplantation. Mitigation shall be in-kind and
mitigation ratios for such measures shall be at a 1:1 to 3:1 ratio depending on the
sensitivity of the species and population size and in accordance with Section 5.2.3 of
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the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be
amended from time to time, and the MSCP implementation guidelines.
(C)2. Mitigation for permanent impacts to narrow endemic species populations shall
be determined on a case-by-case basis by the Director of Development
ServicesPlanning and Building, or his/her designee, and may include such measures
as management, enhancement, restoration and/or transplantation. Mitigation shall be
in-kind and mitigation ratios for such measures shall be at a 1:1 to 3:1 ratio depending
on the sensitivity of the species and population size and in accordance with Section
5.2.3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may
be amended from time to time, and the MSCP implementation guidelines.
Section 17.35.140 Emergencies.
A. If the emergency work involves only temporary impacts to sensitive biological
resources, a HLIT permit is not required, provided the sensitive biological resources are
restored to their natural state in accordance with a revegetation plan approved by the
Director of Development ServicesPlanning and Building, or his/her designee. The
revegetation plan shall be submitted to the City within 60 days of completion of the
emergency work.
Section 17.35.180 Local coastal program.
Prior to issuance of an HLIT permit for any project located within the Chula Vista local
coastal plan (LCP) area, the applicant shall obtain a determination of project consistency
with the Chula Vista LCP from the Director of Development Services, or designeePlanning
and Building. If the project cannot be deemed consistent with the LCP, an LCP amendment
must be completed prior to issuance of the HLIT permit.
Section 19.04.002 Definitions and construction of terms generally.
Unless the context requires otherwise, the definitions codified in this chapter shall be used
in the interpretation and construction of this title; and words used in the present tense
include the future, the singular number shall include the plural, and the plural the singular;
the word “building” shall include the word “structure”; and the word “used” shall include
“arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or
“intended to be used”; and the word “shall” is mandatory and not directionary.
Whenever any of the following terms is used, it shall mean the corresponding officer,
department, board or commission of Chula Vista, herein referred to as the City: “Assessor,”
“City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director
of Public Works,” “Director of Development ServicesPlanning,” “Zoning Administrator,”
or “Building Inspector.” In each case, the term shall be deemed to include an employee of
any such officer or department of the City who is lawfully authorized to perform any duty
or exercise any power as his/her, or, its representative or agent.
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Section 19.14.270 Procedures for enforcing conditional use permits and variances.
(C)3. A general explanation of the matter to be considered including the nature of the
recommendation by the Director of Development Services,Planning Director’s or their
designee recommendation;
Section 19.14.577 Precise plan approval – Modifications of the precise plan.
Requests for modifications shall be submitted to the Development Services Director in
written form and shall be accompanied by the required filing fee(s) and such additional
maps, statements or other information as may be required to support the modificati on. If
the proposed modification is deemed by the Development Services Director to be
insignificant in nature, the changes may be approved by the Director subject to the filing
of a written report to the Planning Commission and City Council. If, in the opinion of the
Director of Development Services, or designeePlanning, the proposed changes are
significant in scope, the applicant will be notified within 10 days of the written request that
a new application and hearing will be required.
Section 19.14.830 Initiation application process.
C. Materials and Information. The City Manager shall maintain a list specifying the
materials and information to be submitted with each initiation application for a land use
plan amendment or a rezone. The list may be revised on a quarterly basis or as needed to
comply with revisions to local, state, or federal law, regulation, or policy. The subject list
shall be available at the Development Services Division of the Planning Department and
shall apply to all applications submitted.
Section 19.28.160 Landscaping.
All landscaping in the R-3 zone shall conform to the requirements as specified in the
landscaping manual of the City and as approved by the Director of Development
Services,Planning or designee.
Section 19.30.150 Landscaping.
All landscaping in the C-O zone shall conform to the requirements as specified in the
landscape manual and approved by the Director of Development Services, or
designeePlanning. Any parking visible from the street shall be screened with an appropriate
screen not less than four feet in height or a masonry wall of three and one-half feet in
height.
Section 19.34.210 Landscaping.
The site shall be landscaped in conformance with the landscape manual of the City, and
approved by the Director of Development ServicesPlanning or designee.
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Section 19.36.090 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the City and
approved by the Director of Development Services or designeePlanning.
Section 19.38.080 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the City, and
approved by the Director of Development ServicesPlanning or designee.
Section 19.40.080 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the City, and
approved by the Director of Development Services or designee.Planning.
Section 19.46.120 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the City, and
approved by the Director of Development Services or designee.Planning.
Section 19.48.040 Application – General development plan required – Contents
required.
(B)(6)d. Where recreational facilities are proposed to be located in CPF land use districts,
a CPF master plan is required. The master plan shall show the specific boundaries of said
plan which may be the SPA, GDP or planned community boundaries (or more than on e
GDP as deemed appropriate by the Director of Planning and BuildingDirector of
Development Services, or designee); the distribution of existing and proposed CPF
designated parcels within the master plan area; and the tabulation of individual sites
acreages which shall be prepared and incorporated into the planned community’s sectional
planning area (SPA) plan and into the general development plan (GDP) if the CPF master
plan involves more than one SPA plan. The incorporation of the CPF master plan into the
SPA or GDP shall be done through a SPA or GDP amendment/adoption pursuant to CVMC
19.48.090 and 19.48.130.
Section 19.48.090 Sectional planning areas and sectional planning area plans –
Requirements and content.
(C)1. A site utilization plan of the sectional planning area at a scale of one inch equals
200 feet minimum or as determined by the Director of Development Services, or
designee Planning. The plan shall extend a minimum of 300 feet beyond the
boundaries of the sectional planning area and show the following:
Section 19.52.020 Permitted uses – Approval required – Application – Planning
Commission and City Council action.
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B. An application for approval shall be filed with the Planning Department in a manner
prescribed by the Planning Commission and shall contain sufficient data and information
to assure a full presentation of the proposed use and the type of improvements and
structures to be constructed. The Director of Development Services, or designee,Planning
shall, at the earliest possible date, forward the application to the Planning Commission and
thereafter to the City Council. Failure of the Planning Commission and the City Council to
act on said application within 20 days of the submission date shall be deemed approvedal
of the application as submitted. The Planning Commission and the City Council may
approve, conditionally approve, or disapprove such applications. No continuance or
extension of time beyond the periods set forth herein shall be permitted except upon the
stipulation of the applicant.
Section 19.56.230 H hillside modifying district – Method for computing average
natural slope – Formula.
Using a scale and contour interval deemed appropriate by the Director of Development
Services, or designeePlanning, the applicant shall show the boundaries of his site, proposed
land uses and acreages of each land use, and the average natural slope of the residential
acreage of the site, using the following formula:
Section 19.58.042 Carnivals and circuses.
D. The site shall be cleared of weeds and obstructions. Fire regulations shall be met as
established by the fire marshal including inspection prior to opening. Security guards as
required by the Police Department shall be provided. Uniformed parking attendants are to
be determined by the Traffic Engineer. The number of sanitary facilities shall be as
determined by the Development Services Department of Planning and Building. All
electrical installations shall be inspected and approved by the Development Services
Department of Planning and Building.
Section 19.58.055 Auctions of vehicles, heavy machinery and equipment.
E. All areas shall be properly paved, striped and improved to City standards, and screened
to the satisfaction of the City Engineer and the Director of Development Services, or
designee)Planning.
Section 19.58.090 Club, country – Golf course.
C. Swimming pools, tennis courts, and the like shall be located not less than 25 feet from
any property line, and when adjoining property in an R or C zone, shall be effectively
landscaped, subject to the approval of the Director of Development Services or
designeePlanning and Building.
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Section 19.58.130 Dwelling groups.
J. Development proposed on existing natural topography having an average natural slope
of 10 percent or greater, and with less than 10 percent of the site to be graded, shall be
subject to the approval of the Director of Development Services Planning or designee, who
shall consider whether such development will adversely affect adjacent properties or
development.
N. The development shall be subject to site plan and architectural approval of the Director
of Development Services or designee Planning.
Section 19.58.142 Electrical generating facilities.
(B)12. All development shall be subject to site plan and architectural approval
through the Director of Development Services or designee.
Section 19.58.178 Hazardous waste facilities.
D. Notice of Intent To Apply – Application for a Land Use Decision – Completeness of
Application.
1. Pursuant to the provisions of State Health and Safety Code Section 25199.7(a) and
(b), at least 90 days before filing an application for a conditional use permit for a
hazardous waste facility, the applicant shall file with the Planning Department and
with the Office of Permit Assistance in the State Office of Planning and Research a
notice of intent (NOI) to make the application. The NOI shall be on such form as
approved by the Director of Development Services, or designeePlanning, and shall
specify the project location to which it applies, and contain a complete description of
the nature, function, and scope of the project.
5. Within 30 days of the filing of the NOI, the applicant shall schedule a
preapplication conference with the Planning Department to be held not later than 45
days thereafter, at which time the applicant and the Planning Department shall discuss
information and materials necessary to evaluate the application. Within 30 days after
this meeting, the Director of Development Services, or designee,Planning shall inform
the applicant, in writing, of all submittals necessary in order to deem the conditional
use permit application complete.
6. The applicant may not file an application for a conditional use permit unless the
applicant has first complied with the above items, and presented the required
application fee. Furthermore, said application shall not be considered and acted upon
until it is deemed complete as provided by CVMC 19.14.070, and until all materials
necessary to evaluate the application as set forth by the Director of Development
Services, or designee,Planning pursuant to subsection (D)(5) of this section have been
received and accepted as to content.
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Section 19.58.320 Tract office, temporary.
B. If alterations are needed in the initial conversion from a house to a temporary office,
the following shall be done: a $250.00 penal bond shall be filed with the City Clerk to
assure said work will be completed. Upon a recommendation from the Director of
Development Services, or designeePlanning and Building or his authorized deputy, hethey
shall approve or reject the final alteration work.
Section 19.58.330 Trailers.
B. It is unlawful to use a trailer, excluding commercial coach units, as a business office
in any zone; except, that a general contractor and/or property owner or lessee may obtain
a temporary permit for the parking of one or more mobilehomes, motor homes, campers or
travel trailers for watchmen, supervisory or other special personnel, or for use as a
temporary office at or immediately adjoining a major construction site upon
commencement of such construction. Any such permit shall be issued only by the Director
of Development Services, or designee, Planning and Building of the City after an
application, in writing, is submitted by the general contractor specifying:
Section 19.58.340 Recycling and solid waste storage.
A. All subdivisions or any new construction requiring a building permit and costing more
than $20,000 to construct (“qualifying project”) shall include adequate, accessible, and
convenient areas dedicated for the accumulation, temporary storage and removal of
designated recyclables and solid waste. These recycling and solid waste areas shall be
enclosed within a minimum five-foot-high masonry wall or higher if deemed necessary by
the Director of Development Services, or designee, Planning to adequately screen the area,
built to standards adopted by the City for a freestanding wall (No. 4 steel and fully grouted)
and shall be designed to accommodate the containers used by the recycling and solid waste
service company contracted with the City. A wooden enclosure may be substituted for a
wall in the C-O zone and multiple-family zones by the Development Services Director of
Development Services, or designee.
D. The precise location of any recycling and solid waste area shall be approved by the
Director of Development Services, or designee,Planning upon review of the site plan.
Recycling and solid waste areas shall be accessible and convenient to both the occupants
and franchise hauler and shall only be used for the temporary storage, collection and
loading of solid waste and recyclables.
Section 19.58.350 Commercially zoned double frontage lots.
B. A six-foot-high decorative masonry wall shall be constructed across the entire width
of the parcel at a minimum of 10 feet behind the edge of the sidewalk or as otherwise
designated by the Zoning Administrator. The design of the wall shall be uniform
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throughout the area in which located, and such design shall be subject to the approval of
the Director of Development Services, or designeePlanning.
C. The area between the wall and the edge of the sidewalk shall be permanently
landscaped. Such landscaped area shall be provided with an automatic irrigation system
and shall be permanently maintained and kept free of debris. A landscape plan shall be
submitted to the Development Services Director of Development Services, or designee, for
approval prior to any planting.
F. If new or enlarged commercial development occurs adjacent to the existing dwelling
units which face a local street, a fence separating the property shall also be constructed on
the side lot line, the length of such fence to be determined by the Development Services
Director of Development Services, or designee. Such a fence may be of wood construction.
Section 19.58.370 Outside sales and display – Permanent and temporary.
(B)(1)i. Only merchandise customarily sold on the premises shall be considered for
temporary outside sales and display; provided, that all other requirements of this section
are met, the Director of Development Services, or designee, shall make an exception for
temporary holiday sales (e.g., Christmas tree and pumpkin patch lots).
Section 19.58.400 Recreational vehicle storage yards.
An application to establish a recreational vehicle (RV) storage yard (storage area for
motorhomes, camping trailers, boats and other recreation equipment) shall address the
following issues: (1) height limit for stored items, (2) screening (landscaping and fencing),
(3) surfacing, (4) access to the site, (5) office facilities, (6) customer parking, (7) lighting,
(8) hours of operation, (9) security, (10) signing, (11) surrounding land uses and structures.
The application shall also be accompanied by a comprehensive list of items which would
be eligible for storage. Any subsequent additions to the list shall be subject to the approval
of the Development Services Director of Development Services, or designee.
Section 19.60.060 Definitions.
“Director” means the City of Chula Vista Director of Development Services, or such
Director’s designee.Planning and Building or such Director’s designee.
Section 19.60.810 Processing of applications.
B. Completeness. The Zoning Administrator shall determine whether the application
contains all the information and items required by this chapter. If it is determined that the
application is not complete, the applicant shall be notified in person or in writing within 30
days of the date of receipt of the application that the application is not complete and the
reasons therefor, including any additional information necessary to render the application
complete. The applicant shall then have 30 calendar days to submit additional information
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to render the application complete; failure to do so within the 30-day period shall render
the application void. Within 30 days following the receipt of an amended application or
supplemental information, the Planning Director, or designee, shall again determine
whether the application is complete in accordance with the procedures set forth in this
subsection. Evaluation and notification shall occur as provided above until such time as the
application is found to be complete (the “application date”).
F. Decisions. Where an application is denied by the Zoning Administrator, or the Design
Review Committee, Planning Commission or City Council on appeal, the applicant shall
be informed in writing of the changes necessary in order to approve the application. If the
applicant chooses to amend the application to reflect said changes, the Zoning
Administrator shall grant the permit within 30 days of when a complete and conforming
application is submitted.
I. Multiple Sign Applications. When an application proposes two or more signs, the
application may be granted either in whole or in part, with separate decisions as to each
proposed sign. When an application is denied in whole or in part, the Director or their
designee’s written notice of determination shall specify the grounds for such denial.
J. Revocation or Cancellation. The Director, or designee, shall revoke any approval upon
refusal of the holder thereof to comply with the provisions of this chapter after written
notice of noncompliance and at least 15 days’ opportunity to cure.
Section 19.66.030 Applicability and scope of provisions.
Only those uses specified in the industrial zones as subject to performance standards, and
uses accessory thereto, are subject to performance standards review procedures specified
in this chapter in obtaining a zoning permit, unless either the Building Inspector, or, the
Director of Development Services, or designee,Planning has reasonable grounds to believe
that any other proposed use, regardless of zone, is likely to violate performance standards,
in which event the applicant shall comply with the performance standards procedures.
Section 19.68.030 Exterior noise limits.
(A)3. Where doubt exists when making identification of receiving land use, the
Director of Development Services, or designee,Planning and Building may make an
interpretation.
Section 19.68.070 Exceptions.
B. Any person seeking exceptions pursuant to this section shall file an application with
the Director of Development Services, or designeePlanning and Building. The application
shall be submitted and processed in the same manner as conditional use permits. The
application shall contain information which demonstrates that bringing the source of sound
or activity for which the exception is sought into compliance with this chapter would
constitute an unreasonable hardship on the applicant, on the community, or on other
persons.
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Section 19.68.078 Enforcement.
B. Environmental Noise.
1. Classification of Environmental Noise. The enforcement officer shall determine
that any given obtrusive noise condition that falls within the definition of
environmental noise disturbance, pursuant to CVMC 19.68.020, is an environmental
noise. The enforcement officer may use Appendix A in CVMC 19.68.090, as an aid in
making such determinations. The Director of Development Services, or
designee,Planning and Building may make determinations classifying noise sources
not specifically mentioned in Appendix A.
2. Responsibility. The Planning and Building Director of Development Services, or
designee, shall be responsible for investigation and enforcement of environment al
noise disturbances.
3. Guidelines. The Planning and Building Director of Development Services, or
designee, may, from time to time, promulgate guidelines for administration and
enforcement of the provisions of this chapter pertaining to noise violations.
C. Nuisance Noise.
1. Classification of Nuisance Noise. The Chief of Police shall determine that any
given obtrusive noise condition that falls within the definition of nuisance noise
disturbance, pursuant to CVMC 19.68.020, is a nuisance noise. The Chief of Police
may use Appendix A as an aid in making such determinations. At the request of the
Chief of Police, the Director of Development Services, or designee,Planning and
Building may make determinations for classifying nuisance noise sources not
specifically mentioned in Appendix A.
Section 19.69.090 Financial assurances for reclamation.
E. Revisions to financial assurances shall be submitted to the Director of Development
Services, or designee,Planning and Building each year prior to the anniversary date for
approval of the financial assurances. The financial assurance shall cover the cost of existing
disturbance and anticipated activities for the next calendar year, including any required
interim reclamation. If revisions to the financial assurances are not required, the operator
shall explain, in writing, why revisions are not required.
Section 19.69.110 Modification to approved surface mining operation.
An approved conditional use permit, reclamation plan, or any conditions thereof, may be
revised or modified in the same manner as provided for a new application, including the
requirement for environmental impact review. Requests for minor modifications may be
submitted to the Director of Development Services, or designeePlanning and Building. If
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in the Director’s sole determination the requested modification is in substantial
conformance with approved plans, the Director may approve said modification.
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Attachment #4 - Removal of CVRC and DRC
2.24.030 Implementation of Redevelopment Agency functions in designated
areas by Chula Vista Redevelopment Corporation.
In accordance with Chapter 2.55 CVMC, and notwithstanding any provision of this
chapter, the Chula Vista Redevelopment Corporation shall carry out those duties of the
Redevelopment Agency as set forth in CVMC 2.55.050 and 2.55.060 within those
geographic areas of the City that the City Council designates as areas within which the
Chula Vista Redevelopment Corporation has the authority to exercise planning and
redevelopment functions. (Ord. 3009 § 1, 2005).
Section 19.14.020 Zoning Administrator – Creation of position – Authority.
A. In order to relieve the Planning Commission, the Historic Preservation Commission or
Chula Vista Redevelopment Corporation, within designated redevelopment project areas,
of certain routine functions necessary to the proper administration of this chapter, a Zoning
Administrator is created.
Section 19.14.070 Conditional use permit – Application – Fee – Public hearing.
B. In the case of hazardous waste facilities as defined in CVMC 19.04.107, applications
for conditional use permits or modifications thereto shall be made pursuant to CVMC
19.58.178, and shall be considered by the Planning Commission, or Chula Vista
Redevelopment Corporation for projects within a designated redevelopment project area,
with a recommendation to be forwarded to the City Council for final review and action.
The requirements of CVMC 19.14.090 shall apply to both the Planning Commission, or
Chula Vista Redevelopment Corporation for projects within a designated redevelopment
project area, recommendation and the City Council resolution, with the following
modifications:
(B)2. The decision of the Planning Commission, or Chula Vista Redevelopment
Corporation for projects within a designated redevelopment project area, shall
constitute a recommendation only, and shall neither be a final decision nor subject to
appeal.
Section 19.14.080 Conditional use permit – Prerequisites for granting.
After the public hearing, the Zoning Administrator, or as the case may be, Planning
Commission, or Chula Vista Redevelopment Corporation for projects within a designated
redevelopment project area, may, by resolution, grant a conditional use permit if it finds
from the evidence presented at said hearing that all of the following facts exist:
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Section 19.14.090 Conditional use permit – Public hearing procedure – Finding of
facts.
Not more than 10 business days following the decision, the decision maker, whether
Zoning Administrator, or Planning Commission, or Chula Vista Redevelopment
Corporation for projects within a designated redevelopment project area, shall make a
written finding specifying the acts relied upon in rendering said decision, fully setting forth
the facts and circumstances that fulfill or fail to fulfill the requirements of this section and
CVMC 19.14.080, and, in situations where approval was granted, the conditions and
safeguards deemed necessary and desirable for such approval. A copy of this written
finding of facts shall be filed with the Development Services Director and mailed to the
applicant. The decision shall become final on the eleventh day following the decision,
except where appeal is taken as provided herein.
Section 19.14.260 Conditional use permit or variance – Time limit for utilization
– Void when – Extensions – Validity.
C. Application for an Extension. Prior to the expiration of a permit, the appropriate
decision maker, whether the Zoning Administrator, or the Planning Commission, or Chula
Vista Redevelopment Corporation for projects within a designated redevelopment project
area, whichever heard the original application, may grant an extension of time contained
in a then-current and valid variance or conditional use permit without a public hearing upon
written request of the property owner; provided, that:
Section 19.14.270 Procedures for enforcing conditional use permits and variances.
(H)2. If the permitting authority is the Planning Commission or Chula Vista
Redevelopment Corporation, an appeal shall be filed with the City Council;
Section 19.20.040 Conditional uses.
The following uses shall be permitted in the A zone,; provided, a conditional use permit is
issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects with a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.22.040 Conditional uses.
The following uses shall be permitted in the R-E zone,; provided, a conditional use permit
is issued by the Planning Commission or Chula Vista Redevelopment Corporation for
projects with a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
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Section 19.24.040 Conditional uses.
The following uses shall be permitted in the R-1 zone;, provided, a conditional use permit
is issued by the Planning Commission or Chula Vista Redevelopment Corporation for
projects with a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.26.040 Conditional uses.
The following uses shall be permitted in the R-2 zone,; provided, a conditional use permit
is issued by the Planning Commission or Chula Vista Redevelopment Corporation for
projects with a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020.
Section 19.28.040 Conditional uses.
The following uses shall be permitted in the R-3 zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.34.030 Conditional uses.
The following uses shall be permitted in the C-N zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.36.030 Conditional uses.
The following uses shall be permitted in the C-C zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.38.030 Conditional uses.
The following uses shall be permitted in the C-V zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
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Section 19.40.030 Conditional uses.
The following uses shall be permitted in the C-T zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.42.040 Conditional uses.
The following uses shall be permitted in the I-R zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.44.040 Conditional uses.
The following uses shall be permitted in the I-L zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.46.040 Conditional uses.
The following uses shall be permitted in the I zone; provided, a conditional use permit is
issued by the Planning Commission, or Chula Vista Redevelopment Corporation if located
within a designated redevelopment project area, or for unclassified uses as defined in
CVMC 19.54.020:
Section 19.47.040 Conditional uses.
The following uses shall be permitted in the P-Q zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation if
located within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
Section 19.60.510 Commercial – Administrative and professional office (C-O)
zone.
F. The Design Review Committee Zoning Administrator may reduce sign areas and height
below those authorized above based on the sign guidelines and criteria contained in the
design manual, without consideration of the graphic design of the copy or message
displayed on the sign.
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Section 19.60.530 Neighborhood commercial (C-N) zone.
E. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized above based on the sign guidelines and criteria contained in the design
manual, without consideration of the graphic design of the copy or message displayed on
the sign.
Section 19.60.540 Central commercial (C-C) zone.
E. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized above based on the sign guidelines and criteria contained in the design
manual, without consideration of the graphic design of the copy or message displayed on
the sign.
Section 19.60.550 Visitor commercial (C-V) zone.
E. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized based on the sign guidelines and criteria contained in the design manual,
without consideration of the graphic design of the copy or message displayed on the sign.
Section 19.60.560 Commercial thoroughfare (C-T) zone.
G. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized above based on the sign guidelines and criteria contained in the design
manual, without consideration of the graphic design of the copy or message displayed on
the sign.
Section 19.60.570 Industrial research (I-R) zone.
E. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized above based on the sign guidelines and criteria contained in the design
manual, without consideration of the graphic design of the copy or message displayed on
the sign.
Section 19.60.580 Limited industrial (I-L) zone.
E. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized above based on the sign guidelines and criteria contained in the design
manual, without consideration of the graphic design of the copy or message displayed on
the sign.
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Section 19.60.590 General industrial (I) zone.
D. The Design Review Committee Zoning Administrator may reduce sign areas below
those authorized consideration of the graphic design of the copy or message displayed on
the sign.
Section 19.60.810 Processing of applications.
D. Method of Review. The method of review is standard compliance review. The Zoning
Administrator, or the Design Review Committee, Planning Commission or City Council
on appeal, shall determine whether approval shall be granted for any sign based on its
conformance with the regulations and design standards set forth herein and in the City
design manual, without consideration of the graphic design of the copy or message
displayed on the sign.
F. Decisions. Where an application is denied by the Zoning Administrator, or the Design
Review Committee, Planning Commission or City Council on appeal, the applicant shall
be informed in writing of the changes necessary in order to approve the application. If the
applicant chooses to amend the application to reflect said changes, the Zoning
Administrator shall grant the permit within 30 days of when a complete and conforming
application is submitted.
19.62.100a Parking areas – Surfacing requirements – Waiver permitted
when.
Any off-street parking areas shall be surfaced in accordance with CVMC 19.62.100b,
Surfacing standards for private vehicular areas, so as to provide a durable and dustless
surface, and shall be so graded and drained as to dispose of all surface water accumulated
within the area, and shall be so arranged and marked as to provide the orderly and safe
loading or unloading and parking and storage of vehicles. The Planning Commission, or
Chula Vista Redevelopment Corporation for projects within a designated redevelopment
project area, may by resolution, waive or modify the standards for any use within the
agricultural zone, or any use deemed as temporary (operating for a maximum of one year);
provided, however, such temporary use shall be done in accordance with the surfacing
standards noted in CVMC 19.62.100b(A).
19.62.100b Surfacing standards for private vehicular areas.
Areas upon private property which are required to be surfaced per the various City
regulations, or pursuant to conditional approval of the Planning Commission, or Chula
Vista Redevelopment Corporation for projects within a designated redevelopment project
area, shall be surfaced in accordance with the requirements contained herein and with the
standard specifications for public works construction and any amendments or supplements
thereto, including the San Diego regional supplement amendments and the City of Chula
Vista standard special provisions. Such requirements shall apply to all areas to be surfaced
for the movement, parking or storage of vehicles except as specifically noted.
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19.62.130 Waiver or modification of provisions permitted when.
The Planning Commission or Chula Vista Redevelopment Corporation for projects within a
designated redevelopment project area may, by resolution, waive or modify the provisions as
herein set forth, establishing required parking areas for such uses as electrical power generating
plants, electrical transformer stations, utility or corporation storage yards or other uses requiring a
very limited number of persons as compared to the number of persons required by the usual
industry of comparable size expressed in square footage.
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Attachment #5 – Juneteenth Parking Holiday
Section 10.08.110 Holidays.
“Holidays,” within the meaning of this chapter, are:
A. January 1st, known as New Year’s Day.
B. The third Monday in January, known as Dr. Martin Luther King, Jr. Day.
C. February 12th, known as Lincoln’s birthday.
D. The third Monday in February, known as Washington’s birthday.
E. March 31st, known as Cesar Chavez Day.
F. The last Monday in May, known as Memorial Day.
G. June 19th, known as Juneteenth.
GH. July 4th, known as Independence Day.
HI. The first Monday in September, known as Labor Day.
IJ. September 9th, known as Admission Day.
JK. November 11th, known as Veterans Day.
KL. The fourth Thursday in November, known as Thanksgiving Day.
LM. The fourth Friday in November, the day after Thanksgiving Day.
MN. December 25th, known as Christmas Day.
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Attachment #6 – Removal of Definition Section Numbers
Within Title 19 (Planning & Zoning)
Chapter 19.04 (DEFINITIONS)
Sections:
19.04.002 Definitions and construction of terms generally.
19.04.004 Access.
19.04.006 Accessory use or structure.
19.04.007 Adult bookstore. Repealed.
19.04.007A Adult motion picture theater. Repealed.
19.04.007B Adult mini-motion picture theater. Repealed.
19.04.008 Agent of owner.
19.04.010 Agriculture.
19.04.012 Alley.
19.04.013 Amusement facility.
19.04.014 Apartment, efficiency. Repealed.
19.04.015 Auction.
19.04.016 Automobile dismantling.
19.04.018 Automobile or trailer sales area.
19.04.020 Automobile repair, major.
19.04.022 Automobile maintenance and repair, minor.
19.04.024 Automobile service station.
19.04.026 Basement.
19.04.028 Beginning of construction.
19.04.030 Block.
19.04.032 Boardinghouse or lodginghouse.
19.04.034 Boatel.
19.04.035 Body painting studio. Repealed.
19.04.036 Building.
19.04.038 Building, height of.
19.04.039 Building, high rise.
19.04.040 Building line map.
19.04.042 Building, main.
19.04.044 Bulkhead.
19.04.045 Carnival.
19.04.046 Carport.
19.04.047 Cabaret. Repealed.
19.04.048 Cellar.
19.04.050 Chula Vista General Plan.
19.04.051 Coin-operated adult entertainment facility. Repealed.
19.04.052 Commission.
19.04.054 Communication equipment building or use.
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19.04.055 Community purpose facility.
19.04.056 Council.
19.04.058 Court.
19.04.060 Coverage.
19.04.062 Crop and tree farming.
19.04.063 Dance floor.
19.04.064 Day nursery.
19.04.065 Day spa.
19.04.066 Development unit.
19.04.068 Distance between residential structures.
19.04.070 Dock.
19.04.072 Driveway.
19.04.074 Dwelling.
19.04.076 Dwelling group.
19.04.078 Dwelling, single-family.
19.04.080 Dwelling, two-family or duplex.
19.04.082 Dwelling, multiple.
19.04.084 Dwelling, townhouse.
19.04.086 Dwelling unit.
19.04.087 Dwelling, accessory dwelling unit.
19.04.088 Efficiency living unit.
19.04.089 Electrical generating facilities.
19.04.089.2 Emergency shelter.
19.04.090 Essential services.
19.04.092 Family. Repealed.
19.04.093 Family day care.
19.04.094 Family day care home, large.
19.04.095 Family day care home, small.
19.04.096 Filling station.
19.04.097 Floor area ratio (residential).
19.04.098 Full-time foster home.
19.04.100 Garage, private.
19.04.102 Garage, public.
19.04.104 General development plan.
19.04.106 Guest house.
19.04.107 Hazardous waste facility.
19.04.108 Home occupation.
19.04.110 Hospital.
19.04.112 Hotel/motel.
19.04.114 Houseboat.
19.04.116 Junkyard.
19.04.118 Kennel.
19.04.120 Kitchen or kitchenette.
19.04.122 Landscape manual.
19.04.124 Landscaping.
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19.04.126 Lot.
19.04.128 Lot area.
19.04.130 Lot, corner.
Lot Coverage.
19.04.132 Lot depth.
19.04.134 Lot, interior.
19.04.136 Lot line, front.
19.04.138 Lot line, interior.
19.04.140 Lot line, rear.
19.04.142 Lot line, side.
19.04.144 Lot line, street or alley.
19.04.146 Lot lines.
19.04.148 Lot of record.
19.04.150 Lot, through.
19.04.152 Lot width.
19.04.153 Massage parlor.
19.04.154 Mobilehome.
19.04.155 Model studio. Repealed.
19.04.156 Motor hotel, including motel and hotel. Repealed.
19.04.157 Narcotic or drug paraphernalia shop.
19.04.158 Nonconforming structure.
19.04.160 Nonconforming use.
19.04.162 Nursing home.
19.04.164 Off-shore.
19.04.166 On-shore.
19.04.168 Open space, usable.
19.04.169 Park.
19.04.170 Parking area, private.
19.04.172 Parking area, public.
19.04.174 Parking space.
19.04.176 Performance standards.
19.04.178 Permitted use.
19.04.179 Pet shop.
19.04.180 Pharmacy, prescription.
19.04.182 Planned development permit.
19.04.184 Poultry farm.
19.04.188 Prescription pharmacy.
19.04.190 Public/quasi-public.
19.04.191 Qualified employee housing.
19.04.192 Recreation, commercial.
19.04.194 Recreation, private, noncommercial.
19.04.196 Recreation, public.
19.04.197 Religious institution.
19.04.197.1 Residence, single room occupancy (SRO).
19.04.198 Residential density.
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19.04.198.1 Residential facility.
19.04.199 Salvage yard.
19.04.200 Satellite dish antenna.
19.04.200.1 School.
19.04.201 Senior housing development.
19.04.202 Service station.
19.04.204 Setback.
19.04.205 Sexual encounter studio. Repealed.
19.04.205.1 Sexually explicit material. Repealed.
19.04.206 Shoreline.
19.04.208 – 19.04.268 Repealed.
19.04.270 Specified anatomical area. Repealed.
19.04.271 Specified sexual activity. Repealed.
19.04.272 Stable, private.
19.04.274 Stable, riding.
19.04.276 Story.
19.04.278 Story, first.
19.04.280 Story, half.
19.04.282 Story, mezzanine.
19.04.284 Street.
19.04.286 Street, private.
19.04.288 Structural alteration.
19.04.290 Structure.
19.04.290.1 Supportive housing.
19.04.291 Surface mining operations.
19.04.292 Tideland.
19.04.294 Townhouses.
19.04.296 Trailer camp, trailer park or mobilehome park.
19.04.298 Trailers.
19.04.299 Transitional housing.
19.04.300 Underwater land.
19.04.302 Usable open space.
19.04.304 Unified control.
19.04.306 Waterfront land.
19.04.308 Yard, front.
19.04.310 Yard, front, least depth.
19.04.312 Yard, front, least depth – How measured.
19.04.314 Yard, rear.
19.04.316 Yard, rear, least depth.
19.04.318 Yard, side.
19.04.320 Yard, side, least width.
19.04.322 Yard, side, least width – How measured.
19.04.324 Zone.
19.04.326 Zoning map.
19.04.328 Zoning permit.
19.04.330 Zoning wall or fence.
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Whenever any of the following terms is used, it shall mean the corresponding officer,
department, board or commission of Chula Vista, herein referred to as the City: “Assessor,”
“City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director
of Public Works,” “Director of Development ServicesPlanning,” “Zoning Administrator,”
or “Building Inspector.” In each case, the term shall be deemed to include an employee of
any such officer or department of the City who is lawfully authorized to perform any duty
or exercise any power as his or its representative or agent.
19.04.004 Access.
“Access” means an opening in a fence, wall or structure, or a walkway or driveway,
permitting pedestrian or vehicular approach to or within any structure or use. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.006 Accessory use or structure.
“Accessory use or structure” means a use or structure subordinate to the principal use of a
building on the same lot, and serving a purpose customarily incidental to the use of the
principal building. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.007 Adult bookstore. Repealed by Ord. 3316 § 2, 2014.
19.04.007A Adult motion picture theater. Repealed by Ord. 3316 § 2, 2014.
19.04.007B Adult mini-motion picture theater. Repealed by Ord. 3316 § 2, 2014.
19.04.008 Agent of owner.
“Agent of owner” is any person who can show certified written proof that he is acting for
the property owner. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.010 Agriculture.
“Agriculture” means the use of the land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal
husbandry (excluding swine); incidental to other agricultural uses; and the necessary
accessory uses for storing produce and qualified employee housing; provided, however,
that the operation of any such accessory use shall be secondary to that of primary uses and
shall not include stockyards or the commercial feeding of garbage or offal to animals. (Ord.
3442 § 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.012 Alley.
“Alley” means a public or private way not more than 30 feet wide, which affords only
secondary access to abutting property. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.013 Amusement facility.
“Amusement facility” means a place of amusement or entertainment wherein are found
games, rides (animal or mechanical), coin-operated or token-operated machines or devices
(e.g., video and pinball), shooting galleries, movies or entertainment machines and other
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games of skill or chance offered to the public. This definition does not include vending,
photocopying, laminating and photo machines.
A. “Amusement arcade or center” means a facility wherein are found games, coin -
operated or token-operated machines or devices (e.g., video and pinball machines) of skill,
chance or entertainment offered to the public.
B. “Amusement park” means an amusement facility encompassing several acres of land
and may include other commercial activities such as restaurants, retail stores and services.
C. “Amusement games or machines as accessory uses” means not more than three coin-
operated or token-operated machines, rides or devices (e.g., video, pinball, mechanized
rides and other electronic games) within any commercial retail or service establishment,
and provided they do not constitute more than five percent of the floor area of the
establishment. (Ord. 2053 § 1, 1983).
19.04.014 Apartment, efficiency. Repealed by Ord. 3442 § 2(B), 2018.
19.04.015 Auction.
“Auction” means the auctioning and sale of merchandise and equipment to the highest
bidder, but excluding auction rooms and livestock auctioning. (Ord. 2584 § 3, 1994).
19.04.016 Automobile dismantling.
For “automobile dismantling,” see “junkyard”. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.018 Automobile or trailer sales area.
“Automobile or trailer sales area” means an open area, other than a street or an alley, used
for display, sale or rental of new or used motor vehicles or trailers in operable condition
and where no repair work is done. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.020 Automobile repair, major.
“Major automobile repair” means general repair, rebuilding, and reconditioning of engines,
motor vehicles or trailers; collision service, including body, frame, or fender repair; and
overall painting. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.022 Automobile maintenance and repair, minor.
“Minor automobile maintenance and repair” means general lubrication services, engine
tune-up, and replacement of parts and motor service to passenger cars and trucks not
exceeding one and one-half tons capacity, but not including other operations named under
“automobile repair, major” or similar thereto as determined by the Commission. (Ord. 2633
§ 3, 1995; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.024 Automobile service station.
“Automobile service station” means an establishment engaged in the sale of motor fuel
dispensing devices directly into motor vehicles. In addition, other services may be
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performed such as tube and tire repair, battery charging, storage of merchandise to be sold
on the premises as permitted herein, lubricating of automobiles, and automobile washing,
not including mechanical wash, and minor repairs. (Ord. 2162 § 1, 1986; Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.026 Basement.
“Basement” means a story whose floor is more than 12 inches below the average level of
the adjoining ground, but where no more than one-half of its floor-to-ceiling height is
below the average contact level of the adjoining ground, as distinguished from a “cellar”
which is a story where more than one-half of its floor-to-ceiling height is below the average
level of the adjoining ground. A basement, when usable as a dwelling, shall be counted as
a story for purposes of height measurement, and as a half-story for purposes of side yard
determination. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.028 Beginning of construction.
“Beginning of construction” means the demolition, elimination and removal of an existing
structure preparatory to new construction, or the incorporation of labor and materials in the
foundation of a building or buildings. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.030 Block.
“Block” means a tract of land bounded by streets, dead-ends of streets, railroad rights-of-
way, watercourses, large tracts of land in uses such as parks and golf courses, or a City
boundary. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.032 Boardinghouse or lodginghouse.
“Boardinghouse or lodginghouse” means a dwelling or part thereof (not including rest
homes, convalescent homes, bed care, supervision and other special care, such as
counseling), where meals and/or lodging are provided (but not separate cooking facilities)
for compensation and with not more than five guest rooms and 10 persons total. (Ord. 2034
§ 1, 1983; Ord. 1697 § 1, 1976; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.034 Boatel.
“Boatel” means any hotel or motor hotel provided with landing facilities to accommodate
boats or other vessels. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.035 Body painting studio. Repealed by Ord. 3316 § 2, 2014.
19.04.036 Building.
“Building” means any structure having a roof supported by columns or walls, used or
intended to be used for the shelter or enclosure of persons, animals or property. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.038 Building, height of.
“Height of building” means the vertical distance from the average contact ground level of
the building to the highest point of the coping of a flat roof or to the deck line of a mansard
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roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.039 Building, high rise.
“High rise building” means any structure which is five stories or more in height. (Ord. 1689
§ 1, 1976).
19.04.040 Building line map.
The front yards of all lots and side yards along the street side of a reversed corner lot are
shown upon a map on file in the Planning Department, and made a part of this title, being
designated as the “building line map,” and such map and all notations, references and other
information shown thereon shall be as much a part of this title as if the matters and
information set forth by such map were all fully described herein. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.042 Building, main.
“Main building” means a building in which is conducted the principal use of the building
site on which it is situated. In any residential zone, any dwelling shall be deemed to be a
main building on the building site on which it is located. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.044 Bulkhead.
“Bulkhead” means a structure, including riprap or sheet piling, constructed to separate land
and water and establish a permanent shoreline. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.045 Carnival.
“Carnival” means a traveling enterprise offering amusements with organized entertainment
or exhibits and includes mechanical rides. (Ord. 2075 § 1, 1984).
19.04.046 Carport.
“Carport” means a private garage, as defined herein, which is designed to be open on one
or more sides. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.047 Cabaret. Repealed by Ord. 3316 § 2, 2014.
19.04.048 Cellar.
“Cellar” means a story where more than one-half of its floor-to-ceiling height is below the
average contact ground level of the adjoining ground. A cellar shall be counted as a story,
for the purpose of height regulations, only if used for dwelling purposes. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.050 Chula Vista General Plan.
“Chula Vista General Plan” means the General Plan for the City, as adopted by the City
Council on September 22, 1964, and as amended from time to time. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
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19.04.051 Coin-operated adult entertainment facility. Repealed by Ord. 3316 § 2,
2014.
19.04.052 Commission.
“Commission” means the City Planning Commission of Chula Vista. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.054 Communication equipment building or use.
“Communication equipment building or use” means a building or lot housing electrical and
mechanical equipment necessary for the conduct of a public communications business with
or without necessary personnel. For the purpose of this title, a communication equipment
building or use shall be considered a quasi-public use, where such use is referred to in the
zoning regulations. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.055 Community purpose facility.
“Community purpose facility” means a land use designation in a planned community
intended for nonprofit and certain for-profit land uses as listed in CVMC 19.48.025(C).
(Ord. 2883 § 5, 2002; Ord. 2830 § 5, 2001; Ord. 2732 § 5, 1998; Ord. 2452A § 1, 1991).
19.04.056 Council.
“Council” means the City Council of Chula Vista. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.058 Court.
“Court” means a yard on the same lot with a building which is bounded on two or more
sides by the exterior walls of buildings on the same lot. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.062 Crop and tree farming.
“Crop and tree farming” means the raising for commercial purposes of any truck, field or
orchard crops or wholesale nurseries or greenhouses, including necessary buildings
incidental to such crop and qualified employee housing. (Ord. 3442 § 2(B), 2018; Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.063 Dance floor.
“Dance floor” shall mean a defined floor area located within a business establishment
designed for the purpose of dancing by patrons of the establishment. (Ord. 3316 § 3, 2014).
19.04.064 Day nursery.
“Day nursery” means day nurseries for working mothers; nursery schools for children
under the minimum age of admission to public schools; parent-cooperative nursery
schools; play groups for preschool children; programs giving afterschool care to school
children; and all other types of group day care programs. The term “day nursery” does not
include family day care homes; facilities offering 24-hour care; or regular elementary
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schools which offer educational programs only. (Ord. 1494 § 6, 1973; prior code
§ 33.1401).
19.04.065 Day spa.
“Day spa” means a business which provides a variety of services for the purpose of
improving health, beauty and relaxation through personal care treatments. Treatments may
include foot and body massage; facials; waxing; body wraps; salt scrubs; manicures;
pedicures; aromatherapy; moxibustion; ear candling; and guasha (scraping), or other
similar treatments. (Ord. 3316 § 3, 2014).
19.04.066 Development unit.
“Development unit” means that portion, along with the uses contained therein, of a planned
community district which is proposed for development at one time and under one planned
development permit. Development units may consist of portions of a planned community
district or of the entire district. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.068 Distance between residential structures.
“Distance between residential structures” means the shortest horizontal distance between
the vertical walls of two residential structures as herein defined. Location of points of
measurement are subject to the exceptions contained in CVMC 19.16.060. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.070 Dock.
“Dock” means a landing pier for boats; a wharf; or a structure supported by pilings or floats
in such a manner as to allow free flow of water beneath said structure and in which any
buildings constructed thereon are incidental to the use of said structure as a wharf or
landing pier. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.072 Driveway.
“Driveway” means a private road, the use of which is limited to persons residing, employed
or otherwise using or visiting the parcel on which located. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.074 Dwelling.
“Dwelling” means any building or portion thereof designed or used exclusively as the
residence of one or more persons, but not including a hotel/motel, tent, cabin, trailer or
mobile home. (Ord. 3442 § 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.076 Dwelling group.
“Dwelling group” means a group of two or more detached buildings used for dwelling
purposes located on a parcel of land in one ownership and having any yard or court in
common. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.078 Dwelling, single-family.
“Single-family dwelling” means a building designed for or used exclusively for residence
purposes by one family or housekeeping unit. (Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.080 Dwelling, two-family or duplex.
“Two-family or duplex dwelling” means a building designed for or used exclusively for
residence purposes by two families or housekeeping units, living independently of one
another. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.082 Dwelling, multiple.
“Multiple dwelling” means a building or portions thereof designed for or used exclusively
for residence purposes by three or more families or housekeeping units, living
independently of one another. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.084 Dwelling, townhouse.
“Townhouse dwelling” means an attached or semi-attached building containing a single
dwelling unit and located or capable of being located on a separate lot. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.086 Dwelling unit.
“Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by
one family for living and sleeping purposes and having only one kitchen or kitchenette.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.087 Dwelling, accessory dwelling unit.
“Accessory dwelling units or junior accessory dwelling units” are independent living
facilities of limited size that provide permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as a single-family dwelling. This includes
efficiency units and manufactured homes, in conformance with the requirements for such
units as defined in State Government Code Section 65852.2. (Ord. 3423 § 2, 2018; Ord.
2897 § 1, 2003).
19.04.088 Efficiency living unit.
“Efficiency living unit” means a dwelling unit for occupancy, which has a minimum floor
area of 150 square feet and a maximum floor area of 450 square feet and which may also
have partial kitchen or bathroom facilities and shall have the same meaning as “Efficiency
Unit” as defined in Section 17958.1 of the California Health and Safety Code. (Ord. 3442
§ 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.089 Electrical generating facilities.
“Electrical generating facilities” is a collective term of reference for each of the following
individually defined sub-types:
A. Base Load Facility. A “base load facility” means an electrical generating facility that
is intended to run constantly at near capacity levels. This sub-type includes generating
facilities that transmit electricity over transmission or distribution power lines using the
public right-of-way and investor-owned utility transmission corridors right-of-way. Base
load facilities serve multiple meters beyond the immediate contiguous parcels on which
the facility is located.
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B. Peaking Facility. A “peaking facility” means an electrical generating facility that is
used to produce extra electricity during peak load times and is permitted to operate not
more than 4,000 hours per year. This sub-type includes generating facilities that transmit
electricity over transmission or distribution power lines using the public right-of-way and
investor-owned utility transmission corridors. Peaking facilities serve multiple meters
beyond the immediate contiguous parcels on which the facility is located.
C. Private Facility. A “private facility” means an electrical generating facility that,
regardless of fuel or energy source, is operated by a private property owner or lessee, and
whose function is the provision of electricity to the permitted use(s) on a single or adjoining
parcel(s) on which the facility is located or serves. The associated power load shall
generally be up to 25 megawatts, or as determined by applicable state or other codes. A
private facility can include district heat and power, and combined heat and power types as
defined in the City’s Electrical Generating Facilities (EGF) Policy.
D. Backup and Emergency Facility. A “backup and emergency facility” means an
electrical generating facility that is operated only during the interruption of electrical
service from the distribution system or transmission grid due to circumstances beyond the
operator’s control.
E. Residential-Level Facility. A “residential-level facility” means an electrical generating
facility whose function is the provision of electricity to serve an individual private
residential dwelling unit(s). (Ord. 3279 § 3, 2013).
19.04.089.2 Emergency shelter.
“Emergency shelter” means 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(e) of the
California Health and Safety Code. (Ord. 3442 § 2(A), 2018).
19.04.090 Essential services.
“Essential services” means the erection, construction, alteration or maintenance by public
utilities or municipal or other governmental agencies of underground or overhead gas,
electrical, steam or water transmission or distribution systems, collection, communication,
supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar
equipment and accessories in connection therewith reasonably necessary for the furnishing
of adequate service by such utilities or municipal or other governmental agencies or for the
public health or safety or general welfare, but not including any buildings, electric
substations, or water storage tanks. (Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.092 Family. Repealed by Ord. 3442 § 2(B), 2018.
19.04.093 Family day care.
“Family day care” means regularly provided care, protection and supervision of 14 or fewer
children in the state-licensed provider’s own home, for periods of less than 24 hours per
day, while the parents or guardians are away; provided, that the licensee of such family day
care home who rents or leases their home shall notify the property owner or landlord in
writing that they are operating a family day care home in the rented or leased property.
(Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985).
19.04.094 Family day care home, large.
“Family day care home, large” means a family day care home, as defined by CVMC
19.04.093, which provides family day care to nine to 14 children, inclusive, including
children who reside at the home. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985).
19.04.095 Family day care home, small.
“Family day care home, small” means a family day care home, as defined by CVMC
19.04.093, which provides family day care to eight or fewer children, including children
who reside at the home. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985).
19.04.096 Filling station.
For “filling station,” see “automobile service station.” (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.097 Floor area ratio (residential).
“Floor area ratio (residential)” means the numerical value obtained by dividing the total
area of all the floors of a building or buildings included within the surrounding walls, by
the total area of the premises. (Ord. 2144 § 1, 1986).
19.04.098 Full-time foster home.
“Full-time foster home” means a family residence in which 24-hour care is provided for
not more than six children, including children of the foster family. (Ord. 1494 § 6, 1973;
prior code § 33.1401).
19.04.100 Garage, private.
“Private garage” means a detached, fully enclosed accessory building or a portion of the
principal building used only for the storage of passenger vehicles, boats or trailers by the
persons resident or employed upon the premises; provided, that such garage, when in a
residential zone or incidental to a residential use, shall not be used for the storage of more
than one commercial vehicle of one and one-half tons or greater rated capacity per family
residence upon the premises. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.1401).
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19.04.102 Garage, public.
“Public garage” means a structure or portion thereof, other than a private garage, used for
the storage, sale, care, repair or refinishing of self-propelled vehicles or trailers. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.104 General development plan.
“General development plan” means a description of the development proposed within a
particular planned community zone consisting at a minimum of a map and written
statement setting forth, in general, the regulations governing, and the location and
arrangement of, all proposed uses and improvements to be included in the development.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.106 Guest house.
“Guest house” means detached living quarters of a permanent type of construction, without
kitchen or cooking facilities and intended for use by occasional guests of the occupants of
the main building, but not to exceed 90 days for any one guest over a one -year period. A
guest house shall not be separately rented, let, or leased, whether compensation is direct or
indirect. (Ord. 2145 § 1, 1986).
19.04.107 Hazardous waste facility.
“Hazardous waste facility” means, as applicable, a hazardous waste facility project,
specified hazardous waste facility, specified hazardous waste facility project, or land
disposal facility as defined in Section 25199.1 of the California Health and Safety Code,
and shall include any structures, other appurtenances, and improvements on the land, and
all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal,
or recycling of hazardous waste. (Ord. 2542 § 1, 1993).
19.04.108 Home occupation.
“Home occupation” means a commercial activity conducted in a dwelling, which is clearly
incidental and secondary to the use of the dwelling for residential purposes, and in
accordance with CVMC 19.14.490. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.110 Hospital.
“Hospital” means an institution in which patients are given medical or surgical care and
which is licensed by the state to use the title “hospital” without qualifying descriptive word.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.112 Hotel/motel.
“Hotel/motel” means a building or group of buildings comprised of six or more guestrooms
or suites of rooms, where a majority of such rooms are occupied, intended or designed for
occupancy by guests for temporary lodging or sleeping purposes for less than 30
consecutive calendar days, and is held out as such to the public (not including hospitals,
residential facilities, qualified employee housing, boarding or lodging houses or single
room occupancy residences). (Ord. 3442 § 2(B), 2018; Ord. 2034 § 1, 1983; Ord. 1212 § 1,
1969; prior code § 33.1401).
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19.04.114 Houseboat.
“Houseboat” means any vessel used or intended to be used primarily as a dwelling unit, in
contrast to a vessel used or intended to be used primarily for carrying persons or goods.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
Interested Party.
“Interested party” means any person who, in person or through a representative, appeared
at a public hearing of the City of Chula Vista in connection with the decision or action
appealed, or who, by other appropriate means prior to a hearing with the City of the nature
of their concerns or who for good cause was unable to do either. “Interested party” shall
also include the applicant for a permit.
19.04.116 Junkyard.
“Junkyard” means a place where waste, discarded, or salvaged materials are bought, sold,
exchanged, baled, packed, disassembled, handled, stored or abandoned, including auto
wrecking yards, house wrecking yards, used lumber yards and places or yards for storage
of salvaged house wrecking and structural steel materials and equipment, but not including
such places where such uses are conducted entirely within a completely enclosed building,
and not including pawnshops and establishments for the sale, purchase or storage of used
furniture and household equipment when conducted entirely within a completely enclosed
building, and not including sale of used cars in operable condition, or salvaged materials
incidental to manufacturing operations. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.118 Kennel.
“Kennel” means a place kept for the purpose of the boarding, breeding, raising, selling or
exchanging of dogs. (Ord. 2267 § 3, 1988; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.120 Kitchen or kitchenette.
“Kitchen or kitchenette” means any room or part of a room which is designed, built, used
or intended to be used for food preparation and dishwashing, but not including a bar,
butler’s pantry or similar room adjacent to or connected with a kitchen. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.122 Landscape manual.
“Landscape manual” refers to the landscape manual adopted by the City Council of Chula
Vista. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.124 Landscaping.
“Landscaping” means planting, including trees, shrubs, lawn areas, and ground covers,
suitably designed, selected, installed and maintained so as to be permanently attractive.
Decorative screens, fences, decorative rock or other paved surfaces are considered as
elements of landscape development. (Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.126 Lot.
“Lot” means a piece or parcel of land occupied or intended to be occupied by a principal
building or a group of such buildings and accessory buildings, or utilized for a principal
use and uses accessory thereto, together with such open spaces as required by this title, and
having frontage on a public or an approved private street. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.128 Lot area.
“Lot area” means the computed area contained within the lot lines. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.130 Lot, corner.
“Corner lot” means a lot abutting upon two or more streets at their intersection or upon two
parts of the same street, such streets or parts of the same street forming an interior angle of
less than 135 degrees. The point of intersection of the street right-of-way lines is the
“corner.” (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.060 Lot Coverage.
“Lot cCoverage” means the percent of the total site area covered by structures other than
those excepted in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.132 Lot depth.
“Lot depth” means the mean horizontal distance between the front and the rear lot lines, or
between the front lot line and the intersection of the two side lines if there should be no
rear lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.134 Lot, interior.
“Interior lot” means a lot other than a corner lot. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.136 Lot line, front.
“Front lot line” means the line separating the lot from the street. In the case of a corner lot,
the front lot line is the shorter of any two adjacent street lot lines. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.138 Lot line, interior.
For “interior lot line,” see “lot line, side.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.1401).
19.04.140 Lot line, rear.
“Rear lot line” means a lot line which is opposite and most distant from the front lot line.
For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot
the rear line of which is formed by two or more lines, the following shall apply:
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A. For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest
removed from the front lot line and at right angles to the lot depth line shall be used as the
rear lot line; or
B. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line,
the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn
through a point bisecting the recorded rear lot line; or
C. In the case of a pentagonal lot, the rear boundary of which includes an angle formed
by two lines, such angle shall be employed for determining the rear lot line in the same
manner as prescribed for a triangular lot. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.142 Lot line, side.
“Side lot line” means any lot line other than a front or rear lot line which intersects a front
lot line. A side lot line separating a lot from a street is called a “side street lot line.” (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.144 Lot line, street or alley.
“Street or alley lot line” means a lot line separating the lot from a street or alley. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.146 Lot lines.
“Lot lines” means the property lines bounding the lot. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.148 Lot of record.
For “lot of record,” see CVMC 19.16.020. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.1401).
19.04.150 Lot, through.
“Through lot” means a lot having frontage on two parallel or approximately parallel streets.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.152 Lot width.
“Lot width” means the horizontal distance between the side lot lines, measured at right
angles to the depth at a point midway between the front and rear lot lines. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.153 Massage parlor.
“Massage parlor” means a massage establishment as defined in CVMC 5.36.030. (Ord.
1855 § 2, 1979).
19.04.154 Mobilehome.
For “mobilehome,” see “trailers.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.1401).
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19.04.155 Model studio. Repealed by Ord. 3316 § 2, 2014.
19.04.156 Motor hotel, including motel and hotel. Repealed by Ord. 3442 § 2(B),
2018.
19.04.157 Narcotic or drug paraphernalia shop.
“Narcotic or drug paraphernalia shop” or “head shop” means any business establishment
or a portion of the premises of any business establishment wherein devices, contrivances,
instruments or paraphernalia for smoking, sniffing or injection of marijuana, hashish,
cocaine, PCP or any controlled substance is displayed or offered for sale. (Ord. 1954 § 1,
1981).
19.04.158 Nonconforming structure.
“Nonconforming structure” means a structure which was lawfully erected prior to July 8,
1969, but which, under the provisions herein, does not conform to the standards of
coverage, yards, height of structures, or distances between structures prescribed in the
regulations for the district in which the structure is located. (Ord. 1212 § 1, 1969; prior
code § 33.1401).
19.04.160 Nonconforming use.
“Nonconforming use” means a use of a structure or land which was lawfully established
and maintained prior to July 8, 1969, but which, under the provisions herein, does not
conform with the use regulations for the district in which it is located. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.162 Nursing home.
“Nursing home” means any premises with sleeping rooms where persons are lodged and
furnished with meals and nursing care, not including persons suffering from contagious
disease, mental diseases, alcoholism or drug addiction. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.164 Off-shore.
“Off-shore” means land below “mean higher high water” as defined by the U.S. Coast and
Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.166 On-shore.
“On-shore” means land above “mean higher high water” as defined by the U.S. Coast and
Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.168 Open space, usable.
“Usable open space” means any portion of a lot which is landscaped and/or developed for
recreational and leisure use, and is conveniently located and accessible to all the units. (See
CVMC 19.28.090.) (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.169 Park.
“Park” means the land and easements owned or leased by the City of Chula Vista which,
by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City
for purposes of sports and public recreation. The term shall include the buildings, parking
lots, streets and sidewalks within the territorial boundaries establishing the park. (Ord. 3316
§ 3, 2014).
19.04.170 Parking area, private.
“Private parking area” means an open area for the same uses as a private garage. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.172 Parking area, public.
“Public parking area” means an open area, other than a street or other public way, used for
the parking of automobiles and available to the public whether for a fee, free, or as an
accommodation for clients or customers. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.174 Parking space.
“Parking space” means a permanently surfaced area of a size defined by Planning
Commission resolution, within a structure or in the open, excluding area necessary for
access under the provisions of this title, designed or used for the parking of a motor vehicle.
When the long dimension of a parking space adjoins a wall or fence more than six inches
in height, the width of such parking space shall be not less than 10 feet. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.176 Performance standards.
“Performance standards” are the regulations for the control of “dangerous or objectionable
elements” as defined in CVMC 19.66.080 through 19.66.150. (Ord. 1212 § 1, 1969; prior
code § 33.1401).
19.04.178 Permitted use.
For the purpose of this title, a “permitted use” in any zone shall include any use listed as a
“principal permitted use” or “accessory use” and shall further include a “conditional use”
as listed for the particular zone, provided a conditional use permit is obtained. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.179 Pet shop.
“Pet shop” means an establishment involved in selling or exchanging (but excluding
boarding, breeding or raising) any birds, dogs or other pets, all of which for the purpose of
this chapter are called “pets.” (Ord. 2267 § 4, 1988).
19.04.180 Pharmacy, prescription.
For “pharmacy, prescription,” see “prescription pharmacy.” (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.1401).
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19.04.182 Planned development permit.
“Planned development permit” means a permit issued by the City Planning Commission,
authorizing the actual development and construction within a planned community zone.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.184 Poultry farm.
“Poultry farm” means any premises on which the primary use is the breeding, raising or
maintaining of poultry for sale of eggs or poultry, or where the primary income from the
premises is derived from the aforesaid occupation. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.188 Prescription pharmacy.
“Prescription pharmacy” means an establishment whose primary function is the sale of
pharmaceutical drugs and prescriptions as well as medicinal supplies and goods. The
incidental sales of toilet goods, toiletries, cosmetics, confections, tobacco and accessories,
newspapers and magazines is also permitted. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.190 Public/quasi-public.
“Public/quasi-public” means used as public or seemingly public. For the purposes of this
title, electrical substations, electrical generating facilities as defined in CVMC
19.04.089(A), (B), (C) and (D) only, water or wastewater treatment and storage facilities,
education, civic, government offices, or other municipal, public agency or utility facilities,
and others as listed in Chapter 19.47 CVMC shall be considered public/quasi-public uses,
of a public service type. (Ord. 3279 § 3, 2013; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.191 Qualified employee housing.
“Qualified employee housing” means 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.). (Ord. 3442 § 2(A), 2018).
19.04.192 Recreation, commercial.
“Commercial recreation” means recreation facilities operated as a business and open to the
general public for a fee. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.194 Recreation, private, noncommercial.
“Private, noncommercial recreation” means clubs or recreation facilities operated by a
nonprofit organization and open only to bona fide members of such nonprofit organization.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.196 Recreation, public.
“Public recreation” means publicly owned or operated recreation facilities. (Ord. 1212 § 1,
1969; prior code § 33.1401).
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19.04.197 Religious institution1.
“Religious institution” means an institution that people regularly attend to participate in or
hold religious services and incidental religious education, but not including private schools
as defined in this chapter. (Ord. 3316 § 3, 2014).
19.04.197.1 Residence, single room occupancy (SRO)2.
“Residence, single room occupancy (SRO)” means 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 30 consecutive days. Kitchen and bathroom facilities may
be wholly or partially included in each living space or may be fully shared. (Ord. 3442
§ 2(A), 2018).
19.04.198 Residential density.
“Residential density” means the average number of families living on one acre of land in a
given area. “Net residential density” is determined by dividing the total number of families
in a defined area by the total acreage of all parcels of land within the area that are used for
residential and accessory purposes. “Gross residential density” is obtained by dividing all
land in a defined area used for residences, streets, local schools, local parks and local
shopping facilities into the total number of families in said area. (Ord. 1212 § 1, 1969; prior
code § 33.1401).
19.04.198.1 Residential facility.
“Residential facility” means 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. (Ord. 3442 § 2(A), 2018).
19.04.199Salvage yard.
For “salvage yard,” see “junkyard.” (Ord. 2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.200 Satellite dish antenna.
“Satellite dish antenna” is a device or instrument designed or used for the reception of
television or other electronic communications signal broadcast or relayed from an earth
satellite. It may be a solid, open mesh or bar configured structure, typically eight to 12 feet
in diameter, in the shape of a shallow dish or parabola. (Ord. 2108 § 1, 1985).
19.04.200.1 School.
“School” means any child or day care facility, or an institution of learning for minors,
whether public or private, offering instruction in those courses of study required by the
California Education Code and maintained pursuant to standards set by the State Board of
Education. This definition includes nursery school, kindergarten, elementary school,
middle or junior high school, senior high school, or any special institution of education,
but it does not include a vocational or professional institution of higher education,
including a community or junior college, college, or university. (Ord. 3316 § 3, 2014).
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19.04.201 Senior housing development.
“Senior housing development” means a residential project which may exceed the
maximum density permitted for families in the zones in which it is located, and which is
established and maintained for the exclusive use of low- or moderate-income senior
residents. (Ord. 1878 § 1, 1979).
19.04.205 Sexual encounter studio. Repealed by Ord. 3316 § 2, 2014.
19.04.205.1 Sexually explicit material. Repealed by Ord. 3316 § 2, 2014.
19.04.206 Shoreline.
“Shoreline” means the boundary between land above and land below the “mean higher
high water,” as defined by the latest U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.208 – 19.04.268 Repealed by Ord. 2924 § 3, 2003.
19.04.270 Specified anatomical area. Repealed by Ord. 3316 § 2, 2014.
19.04.271 Specified sexual activity. Repealed by Ord. 3316 § 2, 2014.
19.04.272 Stable, private.
“Private stable” means an accessory stable, corral or paddock used or designed to shelter
horses belonging to the occupants of a dwelling, and where no horses are kept for hire or
sale. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.274 Stable, riding.
“Riding stable” means any stable where horses are kept for hire. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.276 Story.
“Story” means that portion of a building included between the surface of any floor and the
floor or ceiling next above it. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.278 Story, first.
“First story” means the lowest story or the ground story of any building, the floor of which
is not more than 12 inches below the average contact ground level at the exterior walls of
the building; except, that any basement or cellar used for residential purposes shall be
deemed the first story. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.280 Story, half.
“Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of
which on at least two opposite exterior walls are not more than four feet above the floor of
such story; provided, however, that any partial story used for one or more dwelling units
shall be deemed a full story. (Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.282 Story, mezzanine.
“Mezzanine story” means a story which covers one-third or less of the area of the story
directly underneath it. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.284 Street.
“Street” means a public right-of-way, more than 30 feet in width, which provides a public
means of access to abutting property. The term “street” includes “avenue,” “drive,”
“circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” or any other similar
term. The term shall include the total width of the dedicated right-of-way. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.286 Street, private.
“Private street” means a right-of-way or easement in private ownership, not dedicated or
maintained as a public street, which affords the principal means of access to two or more
sites. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.288 Structural alteration.
“Structural alteration” means any change in the structural members of a building, such as
walls, columns, beams or girders. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.290 Structure.
“Structure” means anything constructed, the use of which requires permanent location on
the ground, or attachment to something having a permanent location on the ground. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.290.1 Supportive housing.
“Supportive housing” means 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. (Ord. 3442 § 2(A), 2018).
19.04.291 Surface mining operations.
“Surface mining operations” means all, or part of, the process invol ved in the mining of
minerals on mined lands, as defined in Chapter 19.69 CVMC, by removing overburden
and mining directly from the mineral deposits, open-pit mining of minerals naturally
exposed, mining by the auger method, dredging and quarrying, or surface work incident to
an underground mine. Surface mining operations include, but are not limited to, in-place
distillation or retorting or leaching, the production and disposal of mining waste,
prospecting and exploratory activities, borrow pitting, streambed skimming, and
segregation and stockpiling of mined materials (and recovery of same). (Ord. 2921 § 1,
2003).
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19.04.292 Tideland.
“Tideland” means lands between the “mean higher high water” and the “mean lower low
water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.294 Townhouses.
“Townhouses” means attached or semi-attached buildings, each containing a single
dwelling unit and each located or capable of being located on a separate lot. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.296 Trailer camp, trailer park or mobilehome park.
“Trailer camp, trailer park or mobilehome park” means any lot or part thereof, or any parcel
of land, which is used or offered as a location for two or more camp trailers or mobilehomes
occupied as a residence. (Ord. 1941 § 1, 1981; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.298 Trailers.
A. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed
with collapsible partial side walls which fold for towing by another vehicle and unfold at a
campsite to provide temporary living quarters.
B. “Motorhome” means a vehicular unit built on or permanently attached to a self-
propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the
completed vehicle, primarily designed to provide temporary living quarters.
C. “Camper (slide in)” means a portable unit, consisting of a roof, floor and sides designed
to be loaded into and unloaded from the bed of a pickup truck, constructed to provide
temporary living quarters.
D. “Cargo trailer” means a vehicle designed to be drawn by a motor vehicle for the
purpose of transporting cargo, including a boat or livestock.
E. “Travel trailer” means a vehicular portable unit mounted on wheels of such a size or
weight as not to require special highway movement permits when drawn by a motorized
vehicle and primarily designed and constructed to provide temporary living quarters.
F. “Mobilehome” means a structure transportable in one or more sections, designed and
equipped to contain not more than two dwelling units, and shall not include a recreational
vehicle, commercial coach or factory-built housing.
G. “Commercial coach” means a vehicle, with or without motive power, designed and
equipped for human occupancy for industrial, professional or commercial purposes, and
shall not include mobilehomes. Such coaches shall bear the State Division of Housing’s
insignia of approval as a commercial coach. (Ord. 1941 § 1, 1981; Ord. 1518 § 2, 1974;
Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.299 Transitional housing.
“Transitional housing” means 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). (Ord. 3442 § 2(A), 2018).
19.04.300 Underwater land.
“Underwater land” means land below the “mean lower low water” as defined by the U.S.
Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.304 Unified control.
“Unified control” means the written consent or agreement of all property owners. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.306 Waterfront land.
“Waterfront land” means any lot above the “mean higher high water” as defined by the
U.S. Coast and Geodetic Survey having frontage directly upon the shoreline, as defined
herein. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.308 Yard, front.
“Front yard” means an open space extending the full width of the lot measured between
the building closest to the front lot line, which open space is between a building and the
front lot line, unoccupied and unobstructed from the ground upward except as specified
elsewhere in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.310 Yard, front, least depth.
“Front yard, least depth” means the shortest distance, measured horizontally, between any
part of a building, other than parts herein excepted, and the front lot line. (Ord. 1212 § 1,
1969; prior code § 33.1401).
19.04.312 Yard, front, least depth – How measured.
Such depth shall be measured from the front lot line; provided, however, that if the
proposed location of the right-of-way line of such street as adopted by the City (“plan line
procedure”) differs from that of the existing street, then the required front yard, least depth,
shall be measured from the right-of-way line of such street as adopted; or said building
shall comply with the official setback lines as adopted by the City. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.314 Yard, rear.
“Rear yard” means an open space between a building and the rear lot line, unoccupied and
unobstructed from the ground upward and extending across the full width of the lot, except
as specified elsewhere in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.316 Yard, rear, least depth.
“Rear yard, least depth” means the shortest distance, measured horizontally, between any
part of a principal building, other than parts hereinafter excepted, and the rear lot line. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.318 Yard, side.
“Side yard” means an open space extending from the front yard to the rear yard between a
building and the nearest side lot line, unoccupied and unobstructed from the ground
upward, except as specified elsewhere in this title. A side yard on the street side of a corner
lot shall be known as an “exterior side yard.” (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.320 Yard, side, least width.
“Side yard, least width” means the shortest distance, measured horizontally, between any
part of a building, other than parts herein excepted, and the nearest side lot line. (Ord. 1212
§ 1, 1969; prior code § 33.1401).
19.04.322 Yard, side, least width – How measured.
Such width shall be measured from the nearest side lot line and, in case the nearest side lot
line is a side street lot line, from the right-of-way line of the existing street; provided,
however, that if the proposed location of the right-of-way line of such street as adopted by
the City differs from that of the existing street, then the required side yard, least width,
shall be measured from the right-of-way of such street as adopted; or said building shall
comply with any applicable official setback lines. (Ord. 1212 § 1, 1969; prior code
§ 33.1401).
19.04.324 Zone.
“Zone” means a portion of the territory of the City within which certain uniform regulations
and requirements or various combinations thereof apply under the provisions of this title.
(Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.326 Zoning map.
“Zoning map” means the zoning map or maps of Chula Vista, together with all amendments
subsequently adopted. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.328 Zoning permit.
“Zoning permit” means a document issued by the Building Inspector authorizing buildings,
structures or uses consistent with the terms of this title, and for the purpose of carrying out
and enforcing its provisions. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.330 Zoning wall or fence.
“Zoning wall or fence” means a wall or fenc e erected along the property line or zoning
boundary to separate any commercial or industrial zones or uses from adjacent residential
zones and a fence to separate multiple-family zones from single-family zones. (Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
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Attachment 7 – Removal of Labels
for Specific Population Groups
Section 19.54.020 Designated – Limitations and standards.
H. Hospitals, including, but not limited to, emergency, general, convalescent, rest homes,
nursing homes (for the aged, crippled, and mentally retarded of all ages), psychiatric, etc.:
See CVMC 19.58.110.
Further, approval shall not be granted until the following findings can be made (homes for
mentally retarded children):
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Attachment #8 – Family Day Care Homes
Section 19.22.020 Permitted uses.
Principal permitted uses in the R-E zone include:
A. One single-family detached dwelling on each lot or parcel;
B. Crop and tree farming;
C. Notwithstanding subsection (A) of this section, two-unit residential developments
pursuant to CVMC 19.58.450.;
D. Small and Large Family Daycare Homes
Section 19.22.030 Accessory uses and buildings.
D. Full-time foster homes and small family day care homes, as defined in CVMC
19.04.095 and 19.04.098;
G. Large family day care homes, subject to the provisions of CVMC 19.58.147;
HG. Accessory dwelling units, subject to the provisions of CVMC 19.58.022;
IH. Residential-level electrical generating facilities, as defined in CVMC 19.04.089(E).
The siting and establishment of a residential-level facility shall be subject to and governed
by CVMC Title 15.
Section 19.24.020 Permitted uses.
D. Small and Large family day care homes, subject to the provisions of CVMC 19.58.147.
Section 19.24.030 Accessory uses and buildings.
D. Full-time foster homes and small family day care homes, as defined in CVMC
19.04.095 and 19.04.098;
J. Large family day care homes, subject to the provisions of CVMC 19.58.147;
KJ. Accessory dwelling units, subject to the provisions of CVMC 19.58.022;
LK. Residential-level electrical generating facilities, as defined in CVMC 19.04.089(E).
The siting and establishment of a residential-level facility shall be subject to and governed
by CVMC Title 15.
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Section 19.26.020 Permitted uses.
The following are the principal permitted uses in an R-2 zone:
A. One single-family dwelling on any lot;
B. One duplex or two-family dwelling on any lot;
C. Attached single-family dwelling units;
D. Dwelling groups, subject to the provisions of CVMC 19.58.130;
E. Other accessory uses and accessory buildings customarily appurtenant to a permitted
use, subject to the requirements of CVMC 19.58.020;
F. Agricultural uses as provided in CVMC 19.16.030;.
G. Small and Large Family Daycare Homes.
Section 19.26.040 Conditional uses.
The following uses shall be permitted in the R-2 zone,; provided, a conditional use permit
is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may
be applicable, and CVMC 19.14.050 through 19.14.090:
A. Off-street parking areas, subject to the provisions of Chapter 19.62 CVMC;
B. Small family day care homes, as defined in CVMC 19.04.095, if not operating within
a single-family dwelling;
C. Large family day care homes, as defined in CVMC 19.04.094, within a single-family
dwelling;
DB. Professional offices (for additional provisions, see CVMC 19.58.244).
The following uses shall be permitted in the R-2 zone,; provided, a conditional use permit
is issued by the Planning Commission or Chula Vista Redevelopment Corporation for
projects with a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020.
EC. Electrical substations and gas regulators, subject to the provisions of CVMC
19.58.140;
FD. Unclassified uses, see Chapter 19.54 CVMC.
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Section 19.28.020 Permitted uses.
Principal permitted uses in the R-3 zone are as follows:
A. Dwellings, multiple: R-3 zone;
B. Dwellings, multiple, low-rise: R-3-G zone;
C. Dwellings, multiple, medium-rise: R-3-M zone;
D. Dwellings, multiple, high-rise: R-3-H zone;
E. Dwellings, townhouses: R-3-T zone;
F. Duplexes;
G. Agricultural uses as provided in CVMC 19.16.030;
H. Residence, single room occupancy (SRO);
I. Boarding or lodging houses;
J. Small and Large Family Daycare Homes.
Section 19.28.040 Conditional uses.
The following uses shall be permitted in the R-3 zone,; provided, a conditional use permit
is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may
be applicable, and CVMC 19.14.050 through 19.14.090:
A. Except in R-3-T, day nurseries;
B. Except in R-3-T, incidental services, such as restaurants and retail sales to serve
residents; provided, there is no exterior display or advertising and such activities are
conducted in spaces which are integral parts of a main building;
C. Commercial parking garages and off-street parking lots, in accordance with the
provisions of CVMC 19.62.010 through 19.62.130;
D. Small family day care homes, as defined in CVMC 19.04.095;
ED. Private, noncommercial recreational facilities, such as swimming pools, tennis
courts, and clubhouses (for additional provisions, see CVMC 19.58.100 and 19.58.270);
FE. Professional offices (for additional provisions, see CVMC 19.58.244);
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G. Large family day care homes, as defined in CVMC 19.04.094, within a single-family
dwelling.
The following uses shall be permitted in the R-3 zone,; provided, a conditional use permit
is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for
projects within a designated redevelopment project area, or for unclassified uses as defined
in CVMC 19.54.020:
HF. Electric substations and gas regulators, subject to the provisions of CVMC 19.58.140;
IG. Unclassified uses, see Chapter 19.54 CVMC.
Section 19.84.005 Residential zones.
(A)2. Permitted Uses. The following uses are permitted:
a. Dwellings, multiple, mid-rise;
b. Dwellings, multiple, high-rise;
c. Short-term vacation rentals;
d. Retail commercial uses at street level;
e. Incidental services, such as restaurants, retail sales, fitness clubs, and other such
services, provided such activities are conducted in spaces that are integral parts of
a main building;
f. Small and Large Family Daycare Homes;
fg. Private, noncommercial recreational facilities, such as swimming pools, tennis
courts, and clubhouses (for additional provisions, see CVMC 19.58.100
19.58.270); and
gh. Day care/nursery facilities; and
hi. Accessory uses and buildings including:
i. Customary incidental home occupations, subject to the provisions of
CVMC 19.14.490;
ii. Other accessory uses and accessory buildings customarily appurtenant to a
permitted use, subject to the provisions of CVMC 19.58.020;
iii. Full-time foster homes as defined in CVMC 19.04.098;
iv. Satellite dish antennas per the provisions of CVMC 19.22.030(F);
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v. Accessory dwelling units pursuant to the provisions of CVMC 19.58.022.
3. Conditionally Permitted Uses. The following uses may be allowed subject to the
approval of a conditional use permit:
a. Commercial parking garages and off-street parking lots, in accordance with the
provisions of CVMC 19.62.010 through 19.62.130; and
b. Unclassified uses; see Chapter 19.54 CVMC; and
c. Small family day care homes, as defined in CVMC 19.04.095.
Section 19.58.147 Family day care homes, large.
A large family day care home shall be allowed in the R-E and R-1 zones, and within the P-
C designated R-E and R-S zones, upon the issuance of a large family day care permit by
the Zoning Administrator and in compliance with the following standards:
A. Notice shall be given to properties within 500 feet of the proposed large family
day care home at least 10 days prior to consideration of the permit.
B. The permit shall be considered without public hearing unless a hearing is
requested by the applicant or other affected party by the hearing deadline date. The
applicant or other affected party may appeal the Zoning Administrator’s decision
to the City Council.
C. The family day care function shall be incidental to the residential use of the
property.
D. A large family day care home shall not locate within:
1. Three hundred (300) feet of another such facility with said measurement
being defined as the shortest distance between the property lines of any such
facilities; and
2. One thousand two hundred (1,200) feet of another such facility along
the same street with said measurements being defined as the shortest
distance between front property lines, as measured along the same street, of
any such facilities.
E. The owner must provide a double-wide driveway which shall be paved to meet
City standards and be a minimum of 16 feet wide and 19 feet in depth as measured
from the edge of sidewalk to any vertical obstruction. The driveway shall be
available during all hours of operation for the loading and unloading of children. If
a garage exists on-site, it must be utilized for parking of personal vehicle(s). In the
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event that less than a two-car garage exists on-site, the owner must designate an
area on-site other than on the driveway so that a total of two personal vehicles can
be parked on-site, including the garage. Notwithstanding the foregoing, the
applicant must comply with all other Municipal Code provisions as to parking and
traffic.
F. If, in the opinion of the Zoning Administrator, there is a potential for significant
traffic problems, the Zoning Administrator shall request review of the application
by the City Traffic Engineer. The City Traffic Engineer may impose accessory
requirements for the day care permit in these instances to ensure maintenance of
traffic safety levels within the vicinity of the home.
G. Adequate outdoor play space shall be required and determined on a case-by-
case basis. Outdoor play activity shall not be allowed in the front or exterior side
yard of the home.
H. Play areas shall be designed and located to reduce the impact of noise on
surrounding properties.
I. A business license will be obtained concurrently with the use permit.
J. At the City’s discretion, an annual review of the permit may be done to determine compliance
with state and City requirements and the permit’s conditions of approval.
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Attachment #9 – Massage Parlors
Section 19.36.020 Permitted uses.
F. Massage parlors, subject to the provisions of CVMC 5.36;
G. Any other retail business or service establishment which the Zoning
AdministratorCommission finds to be consistent with the purpose of this title and which
will not impair the present or potential use of adjacent properties;
GH. Accessory uses and buildings customarily appurtenant to a permitted use and satellite
dish antennas in accordance with the provisions in CVMC 19.22.030(F)(1) through (9);
HI. Agricultural uses as provided in CVMC 19.16.030;
IJ. Mixed commercial-residential projects, if designated by the Chula Vista General Plan
as MUR, subject to the provisions of CVMC 19.58.205.
Section 19.40.020 Permitted uses.
Q. Upholstery shops;.
R. Massage parlors, subject to the provisions of CVMC 5.36.
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Attachment #10 – Design Review General Requirement
Section 19.14.582 Design review approval.
A. Plans for the establishment, location, expansion or alteration of 1) multifamily structures in
all multifamily residential zones, and 2) non-residential structures in all commercial and industrial
zones, shall require design review by the Planning Commission.
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Attachment # 11 – R-3 Zone Height Limitation
Section 19.28.060 Height regulations.
A. Height regulations in the R-3 zone and R-3-M, R-3-T and R-3-G classifications are as
follows: No principal building shall exceed either two and one-half stories or 54 feet in
height and no accessory building shall exceed either two stories or 25 feet in height, except
as provided in CVMC 19.16.040 and 19.58.022.
B. Height regulations in the R-3-H and R-3-L classifications zone are as follows: No
principal building shall be less than 4655 feet or five stories in height and no accessory
building shall exceed either two stories or 25 feet in height, except as provided in CVMC
19.16.040.
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Attachment #12 – Title 19 Definition Additions
Chapter 19.04 (DEFINITIONS)
Sections:
19.04.002 Definitions and construction of terms generally.
19.04.004 Access.
19.04.006 Accessory use or structure.
19.04.007 Adult bookstore. Repealed.
19.04.007A Adult motion picture theater. Repealed.
19.04.007B Adult mini-motion picture theater. Repealed.
19.04.008 Agent of owner.
19.04.010 Agriculture.
19.04.012 Alley.
19.04.013 Amusement facility.
19.04.014 Apartment, efficiency. Repealed.
19.04.015 Auction.
19.04.016 Automobile dismantling.
19.04.018 Automobile or trailer sales area.
19.04.020 Automobile repair, major.
19.04.022 Automobile maintenance and repair, minor.
19.04.024 Automobile service station.
19.04.026 Basement.
19.04.028 Beginning of construction.
19.04.030 Block.
19.04.032 Boardinghouse or lodginghouse.
19.04.034 Boatel.
19.04.035 Body painting studio. Repealed.
19.04.036 Building.
19.04.038 Building, height of.
19.04.039 Building, high rise.
19.04.040 Building line map.
19.04.042 Building, main.
19.04.044 Bulkhead.
19.04.045 Carnival.
19.04.046 Carport.
19.04.047 Cabaret. Repealed.
19.04.048 Cellar.
19.04.050 Chula Vista General Plan.
19.04.051 Coin-operated adult entertainment facility. Repealed.
19.04.052 Commission.
19.04.054 Communication equipment building or use.
19.04.055 Community purpose facility.
19.04.056 Council.
19.04.058 Court.
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19.04.060 Coverage.
19.04.062 Crop and tree farming.
19.04.063 Dance floor.
19.04.064 Day nursery.
19.04.065 Day spa.
19.04.066 Development unit.
19.04.068 Distance between residential structures.
19.04.070 Dock.
19.04.072 Driveway.
19.04.074 Dwelling.
19.04.076 Dwelling group.
19.04.078 Dwelling, single-family.
19.04.080 Dwelling, two-family or duplex.
19.04.082 Dwelling, multiple.
19.04.084 Dwelling, townhouse.
19.04.086 Dwelling unit.
19.04.087 Dwelling, accessory dwelling unit.
E-Commerce.
19.04.088 Efficiency living unit.
19.04.089 Electrical generating facilities.
19.04.089.2 Emergency shelter.
19.04.090 Essential services.
19.04.092 Family. Repealed.
19.04.093 Family day care.
19.04.094 Family day care home, large.
19.04.095 Family day care home, small.
19.04.096 Filling station.
19.04.097 Floor area ratio (residential).
Fulfillment Center.
19.04.098 Full-time foster home.
19.04.100 Garage, private.
19.04.102 Garage, public.
19.04.104 General development plan.
19.04.106 Guest house.
19.04.107 Hazardous waste facility.
19.04.108 Home occupation.
19.04.110 Hospital.
19.04.112 Hotel/motel.
19.04.114 Houseboat.
19.04.116 Junkyard.
Interested Party.
19.04.118 Kennel.
19.04.120 Kitchen or kitchenette.
19.04.122 Landscape manual.
19.04.124 Landscaping.
19.04.126 Lot.
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19.04.128 Lot area.
19.04.130 Lot, corner.
19.04.132 Lot depth.
19.04.134 Lot, interior.
19.04.136 Lot line, front.
19.04.138 Lot line, interior.
19.04.140 Lot line, rear.
19.04.142 Lot line, side.
19.04.144 Lot line, street or alley.
19.04.146 Lot lines.
19.04.148 Lot of record.
19.04.150 Lot, through.
19.04.152 Lot width.
19.04.153 Massage parlor.
19.04.154 Mobilehome.
19.04.155 Model studio. Repealed.
19.04.156 Motor hotel, including motel and hotel. Repealed.
19.04.157 Narcotic or drug paraphernalia shop.
19.04.158 Nonconforming structure.
19.04.160 Nonconforming use.
19.04.162 Nursing home.
19.04.164 Off-shore.
19.04.166 On-shore.
19.04.168 Open space, usable.
19.04.169 Park.
19.04.170 Parking area, private.
19.04.172 Parking area, public.
19.04.174 Parking space.
19.04.176 Performance standards.
19.04.178 Permitted use.
19.04.179 Pet shop.
19.04.180 Pharmacy, prescription.
19.04.182 Planned development permit.
19.04.184 Poultry farm.
19.04.188 Prescription pharmacy.
19.04.190 Public/quasi-public.
19.04.191 Qualified employee housing.
19.04.192 Recreation, commercial.
19.04.194 Recreation, private, noncommercial.
19.04.196 Recreation, public.
19.04.197 Religious institution.
19.04.197.1 Residence, single room occupancy (SRO).
19.04.198 Residential density.
19.04.198.1 Residential facility.
19.04.199 Salvage yard.
19.04.200 Satellite dish antenna.
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19.04.200.1 School.
Self-Storage Facility.
19.04.201 Senior housing development.
19.04.202 Service station.
19.04.204 Setback.
19.04.205 Sexual encounter studio. Repealed.
19.04.205.1 Sexually explicit material. Repealed.
19.04.206 Shoreline.
19.04.208 – 19.04.268 Repealed.
19.04.270 Specified anatomical area. Repealed.
19.04.271 Specified sexual activity. Repealed.
19.04.272 Stable, private.
19.04.274 Stable, riding.
19.04.276 Story.
19.04.278 Story, first.
19.04.280 Story, half.
19.04.282 Story, mezzanine.
19.04.284 Street.
19.04.286 Street, private.
19.04.288 Structural alteration.
19.04.290 Structure.
19.04.290.1 Supportive housing.
19.04.291 Surface mining operations.
19.04.292 Tideland.
19.04.294 Townhouses.
19.04.296 Trailer camp, trailer park or mobilehome park.
19.04.298 Trailers.
19.04.299 Transitional housing.
19.04.300 Underwater land.
19.04.302 Usable open space.
19.04.304 Unified control.
Warehousing Facility.
Warehousing, Logistics and Distribution Facility.
Warehousing Sales, Retail.
Warehousing Sales, Wholesale.
19.04.306 Waterfront land.
19.04.308 Yard, front.
19.04.310 Yard, front, least depth.
19.04.312 Yard, front, least depth – How measured.
19.04.314 Yard, rear.
19.04.316 Yard, rear, least depth.
19.04.318 Yard, side.
19.04.320 Yard, side, least width.
19.04.322 Yard, side, least width – How measured.
19.04.324 Zone.
19.04.326 Zoning map.
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19.04.328 Zoning permit.
19.04.330 Zoning wall or fence.
E-Commerce (Electronic Commerce).
“E-Commerce (Electronic Commerce)” includes commercial activities involving the sale
of goods or services for profit, where those sales occur on virtual platforms including but
not limited to, the internet and applications within smartphones or other similar mobile
cellular devices.
Fulfilment Center.
“Fulfilment Center” is a facility where a building is primarily used to receive, process,
and fulfill numerous consumer orders associated with electronic commerce ("e-
commerce") or similar high capacity and high frequency orders and deliveries. The use
includes the indoor storage of goods, products, and similar items and is typically
characterized by a high intensity and a high frequency of truck traffic and may include
multiple shifts of employees.
Interested Party.
“Interested party” means any person who, in person or through a representative, appeared
at a public hearing of the City of Chula Vista, or made written comments via US Mail, e-
comment or electronic mail (e-mail) to the City, in connection with a decision or action
appealed. “Interested party” shall also include the applicant for a permit.
Self-Storage Facility.
“Self-storage facility” is a structure(s) containing separated storage spaces of varying
sizes, leased or rented on an individual basis, may include recreational vehicles storage.
Warehousing, Logistics and Distribution Facility.
“Warehousing, logistics and distribution facility” is one used for the storage and/or
consolidation of manufactured goods (and to a lesser extent, raw materials and includes
bulk storage of materials, which are flammable, or explosive or create hazardous or
commonly recognized offensive conditions) before their distribution to retail locations or
other warehouses. Warehouse/distribution centers generally are generally greater than
200,000 square feet in size, with a land coverage ratio of approximately 40 to 60 percent;
have dock-high loading doors that also could be located on opposing sides of the building
(cross dock facility); significant movement and storage of products, materials, or
equipment; truck activities frequently outside of the peak hour of the adjacent street
system; and freeway access, including:
• Freight yards/forwarding terminals
• Warehousing distribution/high cube distribution centers
• Moving agencies
• Parcel delivery terminals
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• Railroad freight stations
• Shipping/receiving yards
• Truck terminals
Warehousing Facility.
“Warehousing facility” means the use of a building primarily for the storage of goods of
any type (i.e.: cold storage) by one or two businesses and used for the sale or distribution
of those goods to their direct customers (excluding bulk storage of materials which are
flammable or explosive or which create hazardous or commonly recognized offensive
conditions). Typically, 200,000 square feet or less in size with a land coverage ratio of
approximately 45 to 55 percent with dock high and/or ground level loading doors on one
side of the building only.
Warehousing Sales, Retail.
“Warehousing sales, retail” means the use of a building or buildings primarily for the
internal storage of goods of any type, which includes the selling of such goods both
directly to the ultimate consumer and includes incidental wholesaling. Generally, sales
tax is collected from the ultimate consumer.
Warehousing Sales, Wholesale.
“Warehousing sales, wholesale” means the use of a building or buildings primarily for
the internal storage of goods of any type, which includes the selling of such goods to
other businesses, including retailers, industrial, commercial, institutional, or professional
business users, other wholesalers, or acting as agents or brokers and buying merchandise
for, or selling merchandise to, such individuals or companies, and specifically excluding
sales of goods directly to the ultimate consumer. Generally, sales tax is not collected from
businesses purchasing such goods.
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Attachment #13 - Appeal Process Revisions
Section 10.84.020 Parking prohibited on portions of private property.
D. When parking is not available under subsections (A) through (C) of this section, then
consideration shall be given by the Zoning Administrator to select a parking area on the
opposite side of the lot or other appropriate locations on the property as per CVMC
19.62.110. Any interested party The applicant or other interested persons may appeal the
decision of the Zoning Administrator to the Planning Commission. The appeal shall be
filed in writing with the Development Services DepartmentPlanning Department within 10
days of the Administrator’s action, and accompanied by the required appeal fee(s). Once a
valid application for appeal has been filed, the Development Services Department shall
take no longer than thirty (30) calendar days to set the matter for public hearing at a
regularly scheduled Planning Commission meeting. The meeting date shall also be no more
than sixty (60) calendar days from the application’s filing date. Appeals to the City Council
from the actions of the Planning Commission shall follow the same procedure.The decision
of the Planning Commission shall be final.
Section 12.24.110 Installation of public improvements – Appeal of Director of
Development Services’ ruling – Application and fees.
In the event thatIf the Director of Development Services denies the request for a waiver of
obligation to install improvements, a written the property owner or his agent may file an
application shall be filed with the Development Services DepartmentCity Clerk to appeal
such denial;, the which appeal shall be heard by the Planning CommissionCity Council.
Said application must be filed within 10 days of the date on which the Director of
Development Services made theirhis ruling, be accompanied by the required appeal fee,
and include a written statement describing the basis of the appeal.
Following the filing of a complete application, including all associated fees, the
Development Services Department shall take no longer than thirty (30) calendar days to
set a hearing before the Planning CommissionCity Council shall be set for the next at a
regularly- scheduled meeting, or at such time thereafter as may be designated, to consider
the appeal. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date. The decision of the Planning Commission shall be final.
Section 12.40.060 Appeal – Decision authority.
Upon receipt of such appeal, by the City Clerk shall take no longer than thirty (30) calendar
days to, the matter shall be placed the matter upon the agenda of a regularly scheduledthe
next meeting of the City Council. The meeting date shall also be no more than sixty (60)
calendar days from the application’s filing date., which shall, by formal resolution, render
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its decision thereon within 40 days from the date of receipt by the City Clerk. The failure
of the City Council to act upon such appeal within the 40-day period shall be deemed a
denial of such appeal. The decision of the City Council shall be final and conclusive.
Section 15.04.260 Appeals – Time limit for filing – Form.
The applicant for a permit issued pursuant to this chapter, or the permittee, An interested
party may appeal to the Planning CommissionCity Council from any decision of the City
Engineer within ten (10) businessworking days after said decision. Appeals shall be in
writing and shall state the specific nature of the appeal. Appeals shall be filed with the
Development Services DepartmentCity Clerk. Once a valid application for appeal has been
filed, the Development Services Department shall take no longer than thirty (30) calendar
days to set the matter for public hearing at a regularly scheduled Planning Commission
meeting. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date. The decision of the Planning Commission shall be final.Planning
Commission
Section 17.28.040 Lighting plans – Approval required when.
All lighting plans in multiple-family, commercial and industrial zones shall be submitted
to the Director of PlanningZoning Administrator for approval prior to installation thereof.
Should the City disapprove of the plans, a written appeal by an interested party may be
filed to the Development Services Department may be taken to the Planning Commission.
Once a valid application for appeal has been filed, the Development Services Department
shall take no longer than thirty (30) calendar days to set the matter for a public hearing at
a regularly scheduled Planning Commission meeting. The meeting date shall also be no
more than sixty (60) calendar days from the application’s filing date. The decision of the
Planning Commission shall be final The determination of the Commission shall be final.
Section 17.35.070 Permit process.
B. The HLIT permit may be approved, approved with conditions, or denied by the
Director of Planning and Building Zoning Administrator, or his/her designee, without a
public hearing in accordance with CVMC 19.14.030, in the following circumstances:
1. Any planned facility project listed in Table 6-1 of the Chula Vista MSCP subarea
plan that only impacts natural vegetation and does not impact habitat occupied by
covered species, listed noncovered species, narrow endemic species, or wetlands.
2. Any future facility project listed in Table 6-2 of the Chula Vista MSCP subarea
plan associated with a covered project that only impacts natural vegetation and does
not impact habitat occupied by covered species, listed noncovered species, narrow
endemic species or wetlands.
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C. For all other HLIT permit applications, the Zoning AdministratorDirector of Planning
and Building, and or his/her designee, may approve, conditionally approve, or deny such
permit at a public hearing noticed in accordance with CVMC 19.14.180. The Zoning
AdministratorDirector of Planning and Building decision may be appealed to the Planning
CommissionCity Council in accordance with CVMC 19.14.110 and 19.14.130. The
decision of the Planning Commission shall be final.
Section 18.12.125 Appeals from determinations – Procedure.
In the event that an interested party the applicant or any interested party adversely affected
by a determination is dissatisfied with any determination of the Planning Commission, they
applicant or interested party may appeal to the City Council by filing a written statement
in writing with the City ClerkDirector of Development Services stating the reasons for
appeal within ten ( 10) business days following the determination. Once a valid application
for appeal has been filed, the City Clerk shall take no longer than thirty (30) calendar days
to set the matter for public hearing at a regularly scheduled Council meeting. The meeting
date shall also be no more than sixty (60) calendar days from the application’s filing date.
The decision of the City Council shall be finalThe matter shall be placed on the Council
agenda and heard within 30 days of receipt of a valid application of appeal.
Section 18.16.220 Approval – Appeal.
The decision of the Director of Development Services and the City Engineer’s decision
may be appealed by an interested party to the Planning CommissionCouncil. A written
notice of appeal must be filed with the Development Services Department within ten (10)
business days of the date the Planning Commission was noticed that the final map was
under review for final approval. Once a valid application for appeal has been filed, the
Development Services Department shall take no longer than thirty (30) calendar days to
set the matter for public hearing at a regularly scheduled Planning Commission meeting.
The meeting date shall also be no more than sixty (60) calendar days from the application’s
filing date. within 10 business days of the date Council was noticed that the final map was
under review for final approval. Within 30 days of the filing of a valid application for
appeal the Council shall hear the matter at a regularly scheduled meeting. The decision of
the Planning Commission shall be final.
Section 18.18.090 Appeals from determinations – Procedure.
In the event that the applicant or any interested party If an interested party is dissatisfied
with any determination of the City Engineer as to whether the property division qualifies
as a parcel map division, or as to any requirements or conditions which they seek to impose,
they may then the applicant may appeal the determination within ten (10) business days to
the Planning CommissionCouncil by filing a written statement in writing with the
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Development Services DepartmentDirector of Development Services stating the reasons
for appeal within 10 business days following the determination. Once a valid application
for appeal has been filed, the Development Services Department shall take no longer than
thirty (30) calendar days to set the matter for public hearing at a regularly scheduled
Planning Commission meeting. The meeting date shall also be no more than sixty (60)
calendar days from the application’s filing date. The decision of the Planning Commission
shall be final. The matter shall be placed on the Council agenda and heard within 30 days
of receipt of a valid application for appeal.
Section 18.18.120 Tentative parcel map – Waiver – Appeal.
All interested parties areAn interested party is provided the opportunity to appeal the
decision in writing to the Development Services Department within ten (10) business days
of decision of the City Engineer. Once a valid application for appeal has been filed, the
Development Services Department shall take no longer than thirty (30) calendar days to
set the matter for public hearing at a regularly scheduled Planning Commission meeting.
The meeting date shall also be no more than sixty (60) calendar days from the application’s
filing date. The appeal shall be heard within 30 days of filing a valid application for appeal
by the Council. Any application for a tentative parcel map waiver shall be filed as outlined
in the subdivision manual. The decision of the Planning Commission shall be final.
Section 18.20.210 Approval – Appeal – Procedure.
In the event that the applicant or any interested party If an interested party is dissatisfied
with any determination of the City Engineer as to whether the property division qualifies
as a parcel map division, or, as to any requirements or conditions imposed, they may then
the applicant or interested party may appeal the determination within ten (10) business days
to the Planning CommissionCouncil by filing a written statement in writing with the
Development Services DepartmentCity Engineer stating thehis reasons for appeal within
10 business days following the determination. Once a valid application for appeal has been
filed, the Development Services Department shall take no longer than thirty (30) calendar
days to set the matter for public hearing at a regularly scheduled Planning Commission
meeting. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date. The decision of the Planning Commission shall be final. The
matter shall be placed on the Council agenda and heard by the Council within 30 days of
the appeal.
Section 19.14.050 Public hearing – Mandatory when – Consolidation of public
hearings for multiple permit applications.
B. An interested party The applicant or other interested person who disagrees with the
ruling of the Zoning Administrator may appeal such ruling to the Planning
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CommissionCity Council. In such cases, a public hearing as provided herein shall be
mandatory. Once a valid, written application for appeal has been filed, the Development
Services Department shall take no longer than thirty (30) calendar days to set the matter
for public hearing at a regularly scheduled Planning Commission meeting. The meeting
date shall also be no more than sixty (60) calendar days from the application’s filing date.
The decision of the Planning Commission shall be final.
Section 19.14.120 Conditional use permit – Appeals of Planning Commission
decision – City Clerk duties.
Once a valid application for appeal has been filed, the City Clerk shall take no longer than
thirty (30) days to set the matter for public hearing at a regularly scheduled Council
meeting, and, giving the same notice as required in CVMC 19.12.060 through 19.12.080.
The meeting date shall also be no more than sixty (60) calendar days from the application’s
filing date. Upon the filing of the appeal, the City Clerk shall set the matter for public
hearing, giving the same notice as required in CVMC 19.12.060 through 19.12.080. The
matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid
application for appeal. The City Clerk shall send the Development Services Department a
duplicate copy of the appeal and request the Planning Commission to transmit to the City
Council a copy of its decision and findings, minutes of the hearing and all other evidence,
maps, papers and exhibits upon which the Planning Commission made its decision. The
decision of the City Council shall be final.
Section 19.14.240 Variance – Appeals – Procedure generally – Effect of filing –
Public hearing.
An interested party The applicant or other interested party may appeal the decision of the
Zoning Administrator to the Planning CommissionCity Council, within ten (10) business
days from the date on which said decision was made. Said appeal shall be in writtening and
filed with the Development Services Department on forms provided by said Department,
and shall specify therein that the decision of the Zoning Administrator was in error and
identify the facts and circumstances on which claim of error is based. Once a valid
application for appeal has been filed, the Development Services Department shall take no
longer than thirty (30) calendar days to set the matter for public hearing at a regularly
scheduled Planning Commission meetingIf an appeal is filed within the time limit
specified, it stays proceedings in the matter until a determination is made by the City
Council. The City Council shall set the matter for hearing, and, in compliance with noticing
requirements as set forth herein in CVMC 19.12.070 and 19.12.080. The meeting date shall
also be no more than sixty (60) calendar days from the application’s filing date. The
decision of the Planning CommissionCity Council shall beis final.
Where an application for a variance is included in a consolidated hearing and is neither
approved nor denied by the Planning Commission, or Chula Vista Redevelopment
Corporation for projects within a designated redevelopment project area, due to failure to
achieve a majority vote, the applicant shall have the right to either a rehearing at the next
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Planning Commission or Chula Vista Redevelopment Corporation meeting, whichever is
applicable to the project, or an appeal to the City Council without payment of additional
fees. The choice of alternatives shall be at the discretion of the applicant. All other
proceedings pertaining to appeals shall continue to apply.
Section 19.14.480 Site plan and architectural approval – Building Inspector
authority – Appeals.
A. Following site plan and architectural approval by the Zoning Administrator as provided
in this chapter, a copy of the decision resolution of the Zoning Administrator shall be filed
with the Development Services Director and mailed to the applicant. Appeals from
determinations by the Zoning Administrator shall be sent in writing by an interested party
to the Development Services DepartmentCity Council upon written request for a hearing
before the Planning CommissionCity Council. In the absence of such request being filed
within ten (10) business days after determination by the Zoning Administrator, the
determination shall be final.
B. A writtenThe appeal shall be filed by the applicant or an interested party with the
Development Services Department Development Services Director on athe form required
by the Development Services Director, and, to be accompanied by the nonrefundable
required fee therefor. The appeal shall include a statement of the reasons supporting the
appeal, including a demonstration that any issues being raised were raised before the
Zoning Administrator. Once a valid application for appeal has been filed, the Development
Services Department shall take no longer than thirty (30) days to set the matter for public
hearing at a regularly-scheduled Planning Commission meeting, and, giving the same
notice as required in CVMC 19.12.070 and 19.12.080. The meeting date shall also be no
more than sixty (60) calendar days from the application’s filing date. Upon the proper filing
of the appeal, the Development Services Director shall cause the matter to be set for public
hearing, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The matter
shall be placed on the Council agenda and heard within 30 days of receipt of a valid
application for appeal.
C. Upon the hearing of an appeal, the Planning Commission City Council may, by
resolution, affirm, reverse or modify, in whole or in any part, any determination of the
Zoning Administrator. The resolution shall contain findings of facts showing wherein the
project meets or fails to meet any applicable site plan and architectural principles in CVMC
19.14.470, the provisions of the design manual or any design standards required for the
project, or other nonconformity with the requirements of this chapter. A copy of the
decision resolution of the City CouncilPlanning Commission shall be filed with the
Development Services Director, and mailed to the applicant. The decision of the Planning
CommissionCity Council shall be final.
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Section 19.14.486 Landscape plan approval – Application – Accompanying
documents – Fee.
B. Appeal. The Zoning Administrator shall approve, conditionally approve or deny
landscape plans. An interested party The applicant may appeal a denial or conditions
imposed upon approval by filing a written appeal to the Development Services
DepartmentCity Council, in accordance with CVMC 19.14.050, within 10 business days
of receipt of notification of denial or conditional approval from the Zoning Administrator.
Such shall be in writing on the form promulgated by the Director of Development
Servicesaffected director, accompanied by the required fee, and shall specify wherein the
action of the Zoning Administrator is inconsistent with the landscape manual and/or other
applicable ordinances, manuals or policies of the City. Once a valid application for appeal
has been filed, the Development Services Department shall take no longer than thirty (30)
calendar days to set the matter for public hearing at a regularly scheduled Planning
Commission meeting. The meeting date shall also be no more than sixty (60) calendar days
from the application’s filing date. The Planning Commission City Council may grant,
conditionally grant, or deny the appeal. The decision of the Planning CommissionCity
Council is shall be final, and shall be based upon the landscape manual, and/or other
applicable ordinances, manuals, or policies of the City.
Section 19.14.490 Home occupations – Permit required when – Restrictions and
requirements – Revocation when – Appeals.
D. Permit any external display of products, merchandise, or any sign to identify the home
occupation.
A home occupation permit shall be revoked by the Director of Development Services
Director upon violation of any requirement of this chapter, or of any conditions or
limitation of any permit issued, unless such violation is corrected within 15 days of notice
of such violation, and any such permit may be revoked for repeated violation of the
requirements of this section or of the conditions of such permit.
In the event of denial of any permit, or the revocation thereof, or of objection to the
limitations placed thereon, appeal may be made in writing to the Planning Commission, In
the event of denial of any permit, or the revocation thereof, or of objection to the limitations
placed thereon, an interested party may then appeal the determination within ten (10)
business days to the Planning Commission by filing a written statement with the
Development Services Department, stating the reasons for appeal. Once a valid application
for appeal has been filed, the Development Services Department shall take no longer than
thirty (30) calendar days to set the matter for public hearing in front of the Planning
Commission. The meeting date shall also be no more than sixty (60) calendar days from
the application’s filing date.
Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm,
reverse or modify, in whole or in part, any determination of the Director of Development
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Services. The resolution must contain a finding of facts showing wherein the project meets
or fails to meet the requirements of this chapter and the provisions of the design review
manual. The decision of the Planning Commission shall be final.whose decision shall be
final.
Section 19.14.588 Design review – Appeal procedure.
A. An interested party The applicant or other interested person may file an appeal from
the decision of the Planning Commission or Zoning Administrator for minor projects to
the Planning CommissionCity Council within ten (10) business days after the decision is
made. The appeal shall be in writing and filed with the Development Services Department
on forms prescribed for the appeal, and shall specify therein the argument against the
decision of the Planning Commission. Once a valid application for appeal has been filed,
the Development Services Department shall take no longer than thirty (30) calendar days
to set the matter for public hearing at a regularly scheduled Planning Commission meeting.
The meeting date shall also be no more than sixty (60) calendar days from the application’s
filing date. If an appeal is filed within the time limit specified, it automatically stays
proceedings in the matter until a determination is made by the City Council.
Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm,
reverse or modify, in whole or in part, any determination of the Zoning Administrator. The
resolution must contain a finding of facts showing wherein the project meets or fails to
meet the requirements of this chapter and the provisions of the design review manual. The
decision of the Planning Commission shall be final.
B. An interested party may file an appeal from the decision of the Planning Commission
to the City Council within ten (10) business days after the decision is made. The appeal
shall be in writing and filed with the City Clerk on forms prescribed for the appeal, and
shall specify therein the argument against the decision of the Planning Commission. Once
a valid application for appeal has been filed, the City Clerk shall take no longer than thirty
(30) calendar days to set the matter for public hearing at a regularly scheduled City Council
meeting. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date. Upon the hearing of such appeal, the City Council may, by
resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning
Commission or Zoning Administrator for minor projects. The resolution must contain a
finding of facts showing wherein the project meets or fails to meet the requirements of this
chapter and the provisions of the design review manual.
Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or
modify, in whole or in part, any determination of the Planning Commission. The resolution
must contain a finding of facts showing wherein the project meets or fails to meet the
requirements of this chapter and the provisions of the design review manual. The decision
of the City Council shall be final.
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B. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse
or modify, in whole or in part, any determination of the Planning Commission or Zoning
Administrator for minor projects. The resolution must contain a finding of facts showing
wherein the project meets or fails to meet the requirements of this chapter and the
provisions of the design review manual.
C. The decision of the City Council is final.
Section 19.48.060 P-C zone – Planning Commission action.
Following a public hearing, and upon making the required findings, the Planning
Commission shall make a recommendation to the City Council for approval or modified
approval of a proposed P-C zone, and shall also adopt a resolution recommending that the
City Council adopt the general development plan as submitted or as modified. Such
recommendation and the recommended general development plan shall be forwarded to
the City Council for its consideration. If unable to make the required findings, the Planning
Commission shall deny said application, and, forward that recommendation to the City
Council. An appeal from the action of the Planning Commission may be filed in accordance
with CVMC 19.12.110.
Section 19.58.430 Liquor stores in the C-N zone.
Establishments that include the sale of alcoholic beverages for off-site use or consumption
may be allowed in the C-N zone upon issuance of a conditional use permit. The Zoning
Administrator shall hold a public hearing in accordance with CVMC 19.14.060 through
19.14.090 upon giving notice thereof in accordance with CVMC 19.12.070 and 19.12.080.
A conditional use permit shall not be granted unless the Zoning Administrator or other
issuing authority finds in his or her sole discretion, and based on substantial evidence in
view of the entire record, that all of the facts required by CVMC 19.14.080 exist, and that
approval of the permit will not result in an overconcentration of such facil ities.
Overconcentration may be found to exist based on (A) the number and location of existing
facilities; (B) compliance with State Alcohol Beverage Control overconcentration
standards in effect at the time of project consideration; (C) the impact of the proposed
facility on crime; and (D) the impact of the proposed facility on traffic volume and traffic
flow. The Police Department or other appropriate City departments may provide evidence
at the hearing. A permit to operate may be restricted by any reasonable conditions
including, but not limited to, limitations on hours of operation. The City Council shall be
informed of the decision on each such permit by the City Clerk when the decision is filed
in accordance with CVMC 19.14.090. The decision of the Zoning Administrator may be
appealed.
Such appeal shall be directed to the Planning CommissionCity Council and must be filed
in writing with the Development Services Department within ten (10) business days after
the decision is made, as provided in CVMC 19.14.100. If a valid appeal applicationed is
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received within the time limit, the Development Services Department shall take no longer
than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled
Planning Commission meeting. The meeting date shall also be no more than sixty (60)
calendar days from the application’s filing date. The Planning Commission must make the
same written findings required of the Zoning Administrator herein in order to grant the
permit, and, the decision of the Planning Commission shall be final. said appeal shall be
considered in a public hearing conducted by the City Council, in the same manner as other
appeals pursuant to CVMC 19.14.120 and 19.14.130; except, that the City Council must
make the same written findings required of the Zoning Administrator herein in order to
grant the permit.
Section 19.60.810 Processing of applications.
G. Appeals. All sign permit applications shall be initially reviewed by the Zoning
Administrator. An interested party The applicant or any concerned person may appeal any
sign related decision to the in this order: Design Review Committee, Planning
Commission, and City Council. AIn each case, written notice of appeal must be filed with
the Development Services DepartmentCity Clerk within ten (10) business days of when
the decision was delivered or sent to applicant and all known concerned persons, or, the
last day on which a decision could have been timely rendered. Once a valid application for
appeal has been filed, the Development Services Department shall take no longer than
thirty (30) calendar days to set the matter for public hearing at a regularly scheduled
Planning Commission meeting. The meeting date shall also be no more than sixty (60)
calendar days from the application’s filing date. In each case, tThe appellate body must
conduct a hearing and consider evidence, and render a written decision within 30 days. In
the cases of appeal to the Planning Commission and the City Council, tThe hearing must
follow normal procedures for agendizing and giving public notice. The decision of the
Planning Commission shall be final. Unless time is waived by the applicant, any permit or
approval on which the City does not render a definite decision within the required time
shall be deemed denied, and the time for appeal or filing judicial review shall commence
on the last date on which the City could have issued a decision.
Section 19.66.220 Appeals of determinations.
The Zoning Administrator’s action with respect to the performance standards procedures
may be appealed to the Planning Commission within ten (10) business days following said
action. In the absence of such appeal, the Zoning Administrator’s determination shall be
final. If a valid application for appeal has been filed, the Development Services Department
shall take no longer than thirty (30) calendar days to set the matter for public hearing at a
regularly scheduled Planning Commission meeting. The meeting date shall also be no more
than sixty (60) calendar days from the application’s filing date. The decision of the
Planning Commission shall be final.
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Section 19.89.080 Abandonment.
B. Notice, Appeal and Hearing. A written notice of the determination of abandonment, as
noted in subsection (A) of this section, shall be sent by certified first class mail, return
receipt requested, or personally delivered to the operator of the wireless
telecommunications facility at said operator’s business address on file with the City or the
operator’s agent for service of process on file with the California Secretary of State. Service
shall be effective on the date the notice was signed for or received. If the mailed notice is
returned unsigned, service shall be deemed effective three business days after the mailing
of a duplicate notice by regular first-class mail. The notice shall explain the consequences
of failing to remove the facility and identify all hearing/appeal rights.
The operator may appeal in writing to the Development Services Department the
determination of abandonment within ten (10) business days of being served with the
notice. The appeal shall include a statement of the reasons supporting the appeal, including
a demonstration that any issues being raised were raised before the Zoning Administrator.
Once a valid application for appeal has been filed, the Development Services Department
shall take no longer than thirty (30) calendar days to set the matter for public hearing at a
regularly scheduled Planning Commission meeting. The meeting date shall also be no more
than sixty (60) calendar days from the application’s filing date. After receiving the appeal,
City staff shall schedule a hearing on the matter to be conducted before the Planning
Commission at which time tThe operator may present at the hearing any relevant evidence
on the issue of abandonment. The Planning Commission may affirm, reverse, or modify
with or without conditions the determination of abandonment and shall make written
findings in support of its decision. The decision of the Planning Commission shall be final.
Section 21.12.030 Appeals.
An interested party Theapplicant or any other interested party may appeal in writing the
decision of the Zoning Administrator or HPC to the Development Services Department
within ten (10) business days after the date of the decision. Once a valid application has
been received, Tthe Development Services Department shall take no longer than thirty (30)
calendar days to set the matter shall be set for public hearing and placed on an agenda for
a regularly scheduled HPC meeting upon receipt of appeal application., The meeting date
shall also be no more than sixty (60) calendar days from the application’s filing date. The
appeal which shall address in writing each of the findings for denial on a form prescribed
by the City and shall submit a fee pursuant to CVMC 21.12.020, for appeals of historic
preservation matters. All appeals shall be considered by the Planning
CommissionHPCCouncil, and the decision shall be final.
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Attachment #14 - Short-Term Rentals
Section 5.68.050 Eligibility requirements.
H. An active-duty member of the military who is currently deployed shall be eligible to
operate their Dwelling as a Short-Term Rental. Proof of ownership within the City for at
least one year prior to the date(s) of deployment, documented to the satisfaction of the
Director of Development Services, shall be included as part of the application submittal.
I. The Dwelling Unit shall not have been developed or converted as part of a two-unit
residential development or Urban Lot Split Parcel Map pursuant to CVMC 19.58.450.
Section 5.68.070 Permit application requirements.
I. The Director of Development Services shall approve an application for a Short-Term
Rental Permit;, provided, that:
1. At the time of submission of the application, or at any time during the processing
of the application, the Dwelling Unit and the Applicant meet the eligibility
requirements of CVMC 5.68.050, and the application meets the conditions of permit
issuance pursuant to this section, including payment of the required fees.
2. Such approval shall be conditioned upon and subject to compliance with the
conditions identified by the Director of Development Services in the renewal, the
operational requirements of CVMC 5.68.110, and with all other terms, conditions, and
requirements of this chapter and the code.
J. If a permit application is denied, the Director of Development Services shall notify the
Applicant in writing. The notice will set forth the reasons for denial and the procedures for
an appeal of the Director of Development Services’ determination.
J. The Director of Development Services shall deny an application and decline to issue a
Short-Term Rental Permit for any of the following reasons, in their discretion:
1. Failure to meet the eligibility requirements.
2. Failure to meet the conditions of permit issuance, including payment of the required
fees.
3. Failure to resolve violations of applicable codes regarding fire, building and safety,
health and safety, and other relevant laws, regulations, and ordinances applicable
to residential uses and the underlying zone, as more fully described in CVMC
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Section 5.68.110(A).The notice will set forth the reasons for denial and the
procedures for an appeal of the Director of Development Services’ determination.
4. Determination that the Applicant has made a false, misleading, or fraudulent
statement or omission of fact in the application or in the application process.
5. Determination that the Applicant, Owner, or Agent has been adversely sanctioned,
or penalized by the City, or any other city, county, or state, for a violation of
applicable laws or regulations related to STR operations.
6. Determination that the Applicant, Owner, or Agent has conducted, facilitated,
caused, aided, abetted, suffered, or concealed unlawful STR activity in the City or
any other jurisdiction.
Additionally, if a Short-Term Rental Permit application is denied, the Director of
Development Services shall notify the Applicant in writing of the determination. The
notice will set forth the reasons for denial and the procedures for an appeal of the
determination.
LK. The Director of Development Services’ determination on the issuance or denial of a
Short-Term Rental Permit in response to a pending application or a renewal of a duly issued
Short-Term Rental Permit may be appealed in accordance with the appeal procedures of
CVMC 5.68.180.
ML. Upon issuance of a Short-Term Rental Permit in response to a permit application,
the Permittee shall comply with all requirements of the business license provisio ns and
transient occupancy tax provisions of this code for the Short-Term Rental Unit.
Section 5.68.170 Procedure for imposition of modification, suspension and/or
revocation of short-term rental permit.
A. In addition to any other penalty authorized by law, a Short-Term Rental Permit may
be modified, suspended, or revoked for any violation of this chapter or federal, state, or
local law in accordance with the provisions of this section, including the following:.
1. The Applicant or Agent for, and/or Owner of, the Short-Term Rental has been
adversely sanctioned or penalized by the City, or any other city, county, or state,
for a material violation of State or local laws or regulations related to Short -Term
Rentals.
2. The Applicant or Agent for, and/or Owner of, the Short-Term Rental has conducted,
facilitated, caused, aided, abetted, suffered, or concealed unlawful activity in the
City.
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Attachment #15 - Public Right of Way Enforcement
Chapter 12.04
GENERAL PROVISIONS
Sections:
12.04.010 Short title.
12.04.020 Plans, maps and studies applicable – Scope – Drainage facility defined.
12.04.025 Enforcement – Generally.
12.04.030 Enforcement – Lien procedure.
12.04.040 Exemptions from fee payment and insurance designated – Liability
agreement required.
Section 12.04.025 Enforcement – Generally.
The general enforcement of this Title, including the abatement of violations and non-compliance
with an issued Permit, shall fall within the following purview: 1) Code Enforcement, for any
violation occurring within the area of public right-of-way between the property line and curb; 2)
Police Department, for any violation occurring within the street area of the public right-of-way.
Section 19.08.010 Conformance to regulations required – Officers authorized for
enforcement duty.
All Department officials and public employees of the City vested with the duty or authority to
issue permits shall conform to the provisions of this title, and shall issue no permit, certificate or
license for uses, buildings or purposes in conflict with the provisions contained herein; and any
such permit, certificate or license issued in conflict with the provisions of this title, intentionally
or otherwise, shall be null and void. It shall be the duty of the Building Inspector, the Zoning
Administrator and the Police Department to enforce the provisions of this title, pertaining to the
erection, construction, reconstruction, moving, conversion, alteration or addition to any building
or structure and the use of any land, building or premises. Additionally, Code Enforcement staff
shall enforce and subsequently abate any violations under this Title that are located within the
section of the public right-of-way from the property line to the curb.
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Municipal Code Update
1
City Council
Item 7.3
February 21, 2023
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Proposed Amendments
Four Categories
•Procedural
•State Law Compliance
•Land Use and Development
•Process Improvements
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Procedural & State Law Compliance
•Department and Director Title Changes
•Removal of Chula Vista Redevelopment
Corporation and Development Review Committee
•Juneteenth Parking Holiday
•Remove Definition Section Numbers –Title 19
(Planning & Zoning)
•Removal of Outdated Labels for Specific
Populations
•Family Day Care Homes (State Law)
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Land Use & Development
Massage Parlors
•Issue –> Use not listed as a permitted,
conditionally permitted, or unpermitted use
within Title 19.
•Solution –> Permitted by right within the C-C
(Commercial-Core) and C-T (Commercial-
Thoroughfare) zoning designations.
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Land Use & Development
Design Review Permit
Requirement
•Issue –> Design Review process is being
applied to single-family dwelling within the R-3
(Apt. –Res.) zoning designations.
•Solution –> Clarify the establishment,
location, expansion or alteration of multifamily
structures in all multifamily residential zones
requires a Design Review Permit.
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Land Use & Development
R-3 Zone Height Standards
•Issue –> Height standard discrepancies for R -
3 zoning designation.
•Solutions –> 1) Standardize height standard
within R-3 zone; 2) Add Zone R-3-L to the
height standard.
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Land Use & Development
Definitions
•Issue –> Industrial development has
evolved into uses not contemplated in the
Municipal Code (i.e. goods purchased
online, and flexible business models using
large industrial buildings for storage and
goods manufacturing).
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Land Use & Development
Definitions (cont.)
Solution –> Add the following definitions:
•E-Commerce
•Fulfillment Center
•Interested Party
•Self-Storage Facility
•Warehousing Facility
•Warehousing –Logistics and Distribution
Facility
•Warehousing Sales –Retail
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Process Improvements
Scheduling and Timing of Public
Hearings for Project Appeals
•Issue –> Once a valid project appeal application
has been received, the timeline to conduct the
public hearing on the appeal varies .
•Solution –> Revise process to establish a
consistent timeline of 60 days for project
appeals.
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Process Improvements
Short-Term Rental (STR) Permits
•Issues –> Dwellings owned by deployed active-duty
military members often sit vacant for months on end.
Causes to deny, issue, modify, suspend, or revoke a
Short-Term Rental Permit are missing from this
Chapter.
•Solutions –> 1) Expand the Short-Term Rental
Permit eligibility to include active-duty military
members while on deployment;
2) Add reasons to deny, issue, modify,
suspend or revoke Short-Term Rental Permit.
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Process Improvements
Public Right-of-Way Enforcement
•Issue –> Clarification needed regarding City
enforcement of violations within the public right-of-
way.
•Solution –> Clarify enforcement responsibilities:
1) Police Department -violations within street up to
curb and noise violations.
2) Code Enforcement –violations on most private
property
and any violations occurring between the
property line and the face of curb.
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Development Oversight Committee
•Comprised of developers, business owners,
community organizations, engineers,
architects, and contractors.
•In August 2022, staff engaged with the
committee to discuss the proposed package of
code amendments and to gather feedback.
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Stakeholder Engagement
Committee Feedback
•Hearings for project appeals no later than sixty
(60) days from appeal filing
•Higher maximum height standard for the R-3
zone
•Objective standards for large family daycare
homes
•Development standards for
warehousing/distribution and self-storage uses
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RECOMMENDATION
Place an ordinance on first reading
approving revisions to the Chula Vista
Municipal Code.
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v . 0 03 P a g e | 1
February 21, 2023
ITEM TITLE
Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending December
31, 2022, and Appropriate Funds to Implement Required Budget Adjustments
Report Number: 23-0049
Location: No specific geographic location
Department: Finance
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
Accept the quarterly financial report for the quarter ending December 31, 2022 and adopt a resolution
making various amendments to the Fiscal Year 2022/23 budget to adjust for variances and appropriating
funds for that purpose. (4/5 Vote Required)
SUMMARY
The Finance Department, in collaboration with other City departments, prepares quarterly financial reports
for the General Fund that reflect budget to actual comparisons, projected revenues and expenditures, and
highlight major variances that may require additional action or changes. This report is as of December 31,
2022 and is in compliance with Section 504 (f) of the City Charter, which requires that quarterly financial
reports be filed by the Director of Finance through the City Manager.
In preparing the quarterly financial projections, staff has identified various budget changes that are needed
to accurately reflect actual revenues and expenditures or address changes in budgetary needs. For
government entities, a budget creates a legal framework for spending during the fiscal year. After the budget
is approved by the City Council, there are circumstances which arise that could require adjustments to the
approved budget. This report discusses budget adjustments that staff recommends in the General Fund as
well as various other funds to address identified fiscal issues.
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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 the proposed activity consists of a governmental
fiscal/administrative activity which does not result in a physical change in the environment; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is no t subject to CEQA. Thus, no
environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
The Second Quarter Financial Report is developed using six months of actual financial activity for Fiscal Year
2022/2023 as of December 31, 2022. The data in this report is the most current data available; however, the
projections are likely to change.
This report will provide summary information for the following areas:
• Major General Fund Discretionary Revenues
• Adjustments to General Fund Expenditures
• Adjustments to non-General Fund funds
The Finance Department will continue to monitor the City’s actual revenues and expenditures and will
provide any significant changes in subsequent Quarterly Financial reports.
General Fund Overview
Revenues are projected to exceed budget by $11.3 million, and expenditures are projected to exceed budget
by $6.0 million ($9.0 million when projected personnel savings are excluded). Staff anticipates several major
discretionary revenues to come in higher than budget as detailed in the General Fund Revenues section. The
increased revenue will offset various increases in projected expenditures detailed in the General Fund
Expenditure section of this report. This report is based on the latest information, but there are unknown
variables that may affect the General Fund, such as economic factors that may slow growth including
continued increases in inflation, interest rates, unemployment, and other financial uncertainties. Staff will
continue to monitor these factors and will provide updates in future quarterly financial reports.
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General Fund Revenues
As shown in Table 1, the City’s major discretionary revenues are projected to exceed the Fiscal Year 2022/23
amended budget by approximately $12.3 million. This is due to increased Property Tax, Sales Tax, Measure
A and P Sales Tax, and Transient Occupancy Tax revenues.
The following are explanations of the significant variances between budgeted and projected revenues:
Property Tax – Current projections are based on Fiscal Year 2021/22 audited actual property tax
revenues as well as the increases in home prices and home sales that occurred in the past two years,
Table 1 in millions
Adopted Budget Amended
Budget
Year-end
Projection Variance
Revenue Source
Major Discretionary Revenues
Property Tax 40.9$ $ 44.4 $ 46.9 $ 2.6
Property Tax in lieu of VLF 26.8 27.8 27.8 -
Sales Tax 42.3 43.7 45.7 1.9
Measure P Sales Tax 25.9 25.9 28.0 2.1
Measure A Sales Tax 25.9 25.9 28.0 2.1
Franchise Fees 14.5 14.5 14.5 -
Transient Occupancy Tax 5.2 5.4 8.9 3.5
Utility User Tax 3.8 3.8 3.8 -
Major Discretionary Revenues Subtotal 185.3 191.4 203.7 12.3
Other General Fund Revenues
Other Revenues 63.6 64.5 63.5 (1.0)
Other General Fund Revenues Subtotal 63.6 64.5 63.5 (1.0)
Other General Fund Sources 6.5 6.5 -
Total Revenues/Sources 248.9$ $ 262.4 $ 273.7 $ 11.3
Expenditures
Personnel Services $ 126.9 $ 130.0 $ 126.9 $ 3.0
Non-Personnel
Supplies and Services 18.6 21.2 22.7 (1.5)
Other Expenses 1.8 7.5 8.0 (0.5)
Utilities 6.1 6.2 6.2 (0.0)
Other Expenditures 95.5 97.7 104.5 (6.9)
Total Non Personnel 122.0 132.5 141.4 (9.0)
Total Expenditures 248.9 262.4 268.3 (6.0)
Total General Fund Surplus/(Deficit)-$ $ - $ 5.4 $ 5.3
Fiscal Year 2022/23 General Fund Overview
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P a g e | 4
which are connected to increases in the assessed valuation of parcels and tax assessments. The City’s
assessed valuation is higher than what was budgeted based on updated information from the County
Assessor’s Office. As a result, Property Tax is expected to exceed the amended budget by
approximately $2.6 million.
Sales Tax revenue is currently trending higher than anticipated, which is a result of increased costs
in the consumer goods, fuel, and restaurants categories. Inflationary impacts are expected to
continue through the end of the 2022/23 fiscal year. Growth of Sales Tax revenue is anticipated to
slow in future fiscal years because of global economic conditions, long-term inflation leading to
reduced consumer spending, and the Federal reserve increasing interest rates as an attempt to
prevent an economic recession.
Measure A Sales Tax and Measure P Sales Tax revenues are anticipated to exceed budget by $2.1
million each for a combined total of $4.2 million. The driver for these variances is the same as the
Sales Tax description. Projections are based on updated information provided by HdL, the City’s
outside sales tax consultant.
Transient Occupancy Tax revenues are projected to exceed budget by $3.5 million. This reflects an
increase in hotel stays and short-term rentals. Pent-up demand for hotel activity is occurring with
nationwide travel returning to pre-pandemic levels.
Other Revenues are projected to decrease by approximately $1.0 million tied to several City
departments that are anticipating a decline in revenues, particularly Charges for Services revenues
that are generated by staff time hours charged. This is discussed in the Departmental Revenues
section of this report.
General Fund Expenditures
As shown in Table 1 above, expenditures are anticipated to exceed budget by $6.0 million. This includes
projected personnel savings of approximately $3.0 million. Staff is not recommending a reduction of
Personnel Services at this time but is instead recommending use of the increased revenues to offset the
projected needs within the non-personnel categories of the General Fund. This table reflects projections for
all budgeted categories of General Fund Expenditures, which includes an increase to the Transfer Out
category equivalent to the increase in projected Measure A and Measure P Sales Tax revenues as well as
increases related to operations, such as increased internal services charges in various departments, as well
as increased costs related to goods and services (i.e., fuel, utilities, and supplies and services). The
recommended increase to General Fund expenditure appropriations is $8,961,572.
The increased expenditures appropriations described above will be fully offset by the increased major
discretionary - Property Tax, Transient Occupancy Tax, and Sales Tax revenues.
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Departmental Revenues and Expenditures
Departmental Revenues
Table 2 below provides the amended General Fund revenue budget (Current Budget), the projected year-end
revenues (Year-end Projection), and the projected variance (in dollars) at the department level.
The largest variance in Departmental Revenues is projected to be in the Non-Departmental, City Attorney
and the Engineering/Capital Projects Departments. The Non-Departmental positive variance of $13.0 million
is due to the increase in major revenues including Sales Tax, Property Tax, and Transient Occupancy Tax as
discussed in the General Fund Revenues section of this report. Additionally, there is an expected decrease in
departmental revenues, most notably in the Engineering/Capital Projects department ($1.2 million) and the
City Attorney department ($0.7million) due to staffing vacancies in both departments.
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Departmental Expenditures
Table 3 below provides the amended General Fund expenditure budget (Current Budget), the projected
year-end expenditures (Year-End Projection), and the projected variance (in dollars) at the department
level.
The Departmental Expenditures are expected to exceed budget in various departments.
The following are explanations of the significant variances between budgeted and projected expenditures:
The Non-Departmental $5.7 million negative variance is primarily due to the Transfer Out
expenditure for both Measure A and Measure P Sales Tax Funds of $2.1 million for a total of
approximately $4.2 million, based on updated Measure A and Measure P Sales Tax projections. The
variance also includes an additional Transfer Out to the Public Liability Trust Fund from the General
Fund of $2.4 million to cover increased legal costs.
The Fire department’s $2.0 million negative variance is driven by an increase in overtime costs that
is tied to staffing vacancies.
The Police Department reflects a positive variance of $1.1 million which is driven by department
vacancies resulting in salary savings.
As mentioned above, several departments are anticipating salary savings due to an increased volume of
vacancies and ongoing recruitments.
Table 3
Department Current
Budget
Year-end
Projection Variance
City Council $ 1,754,011 $ 1,529,427 $ 224,584
Boards & Commissions 35,977 35,977 -
City Clerk 1,565,395 1,563,963 1,432
City Attorney 3,139,868 3,092,012 47,856
Administration 2,675,838 2,491,051 184,787
Information Technology 4,816,748 5,124,466 (307,718)
Human Resources 3,266,606 3,480,698 (214,092)
Finance 4,572,094 4,455,156 116,938
Non-Departmental 100,673,380 106,416,064 (5,742,684)
Animal Care Facility 3,241,640 3,104,840 136,801
Economic Development 4,617,918 4,463,735 154,183
Development Services 6,129,976 5,873,312 256,664
Engineering/Capital Project 10,552,679 10,023,151 529,528
Police 54,462,292 53,359,427 1,102,865
Fire 31,107,142 33,146,857 (2,039,715)
Public Works 21,406,711 21,751,067 (344,356)
Parks and Recreation 4,410,517 4,625,234 (214,717)
Library 3,986,307 3,840,235 146,073
less anticipated personnel savings - - (3,000,000)
Total Expenditure Budget $ 262,415,100 $ 268,376,672 $ (8,961,572)
Fiscal Year 2022/23 General Fund Departmental Expenditures
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General Fund Adjustments
The $9.0 million in General Fund expenditure and revenue adjustments are necessary to correct the
appropriations needed to balance the budget as listed in Table 4 resulting in $0 net cost to the General Fund.
The General Fund adjustments below do not reflect the salary projection savings identified in individual
departments as listed within Table 3, which are based on current vacancies that exist within departments.
1. Decrease expenditure and revenue appropriations by $89,250 related to American Rescue Plan (ARPA) COVID -19
stipends in various departments.
2. Increase revenue appropriations by $188,788 due to a refund from County Registrar for prior year election costs.
3. Transfer expenditure appropriations of $330,000 from the Personnel Services category to Supplies & Services
category for Attorney Services due to expected vacancies.
4. Decrease revenue appropriations by $205,174 in the Charges for Services category.
5. Transfer expenditure appropriations of $429,000 from Personnel Services category to Supplies & Services and
increase Supplies & Services by $737,713 for software subscription renewals.
6. Increase expenditure appropriations by $200,000 for various construction and re pair costs to address facility
maintenance needs.
7. Increase expenditure appropriations by $19,267 in the Transfer-Out category in the Federal Funds to increase grant
match for the JAG Grant approved by Council Resolution 2022-230.
8. Decrease expenditure appropriations by $3,100 in the Transfer-Out category for the General Fund contribution to
the to the Eastlake Maintenance District I Fund to match the levy for ELMD Zone C.
9. Increase expenditure appropriations by $40,045 in the Transfer-Out category to Living Coast Discovery Center
Fund for increased utility costs.
10. Transfer expenditure appropriations by $160,415 in the Transfer-Out category from the General Fund to the
Federal Grant Fund for debt service payments.
11. Increase revenue appropriations by $5,725,019 for updated projections for Property Taxes ($2,455,249), Public
Safety Sales Tax ($31,604), and Transient Occupancy Taxes ($3,238,166).
12. Increase expenditure and revenue appropriations by $2,138,919 for Measure P Sales Tax revenue and
corresponding Transfer-Out to the Measure P Sales Tax Fund in higher than budgeted revenues.
13. Increase expenditure and revenue appropriations by $2,068,692 for Measure A Sales Tax revenue and
corresponding Transfer-Out to the Measure A Sales Tax Fund in higher than budgeted revenues.
14. Increase expenditure appropriations by $2,419,687 for the transfer-out from the General Fund to the Public
Liability Trust Fund for higher than budgeted legal costs.
15. Increase expenditure appropriations by $386,812 for Internal Service charges related to the Central Garage Fund
for fuel and utility costs in various departments.
16. Transfer expenditure appropriations of $903,673 in Personnel Services from Non-Departmental to the Fire
Department for International Association of Fire Fighters labor agreement costs .
17. Increase expenditure and revenue appropriations by $432,601 for Contract Services for permitting fees.
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18. Increase expenditure appropriations by $504,868 for Personnel Services and revenue appropriations by $511,000
for Strike-Team activities.
19. Decrease revenue appropriations by $145,709 for the Transfer-In from the ALS Fund for reimbursements for
differential pay.
20. Increase expenditure appropriations by $108,000 in Supplies & Services for Contract Services for specialized radio
repairs and other services.
21. Transfer expenditure appropriations of $79,825 from the Personnel Services category to Supplies & Services
category for software costs.
22. Decrease revenue appropriations by $1,650,000 due to current department vacancies.
Other Fund Adjustments
1. Increase expenditure appropriations by $300,000 for the Asset Management Pla n.
2. Increase revenue appropriations by $2,138,919 for Transfer-In for projected Measure P Sales Tax revenues
received in the General Fund.
3. Increase expenditure appropriations by $724,534 and revenue appropriations by $555,422 for Internal Service
charges related to the Central Garage Fund in various departments and funds.
4. Decrease expenditure appropriations by $139,451 and decrease revenue appropriations by $62,000 related to
American Rescue Plan (ARPA) COVID-19 stipends in various funds/departments.
5. Increase revenue appropriations by $2,068,692 for Transfer-In for revised Measure A Sales Tax revenue received
in the General Fund.
6. Increase expenditure appropriations by $116,400 from available fund balance for Other Capital purchases.
7. Decrease expenditure and revenue appropriations by $145,709 for Transfers Out to the General Fund and Transfer
In from the Transport Fund related to decreased reimbursements for differential pay.
8. Increase expenditure and revenue appropriations by $34,500 for Mayor Inauguration donation.
9. Increase expenditure appropriations by $85,000 for Supplies & Services for software purchases.
10. Increase expenditure and revenue appropriations by $154,704 in Other Funds from the County of San Diego
Emergency Grant for the Chula Vista Homeless Bridge Shelter.
11. Increase expenditure appropriations by $40,000 for Supplies & Services from available fund balance for the Animal
Care Grant expenditures.
12. Increase expenditure and revenue appropriations by $45,000 for Supplies & Services from the Port of San Diego –
Civic Event Program Grant.
13. Increase expenditure appropriations by $160,415 for Transfer Out to correct Pension Obligation Bonds
contribution.
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14. Increase expenditure appropriations by $388,987 and revenue appropriations by $567,464 to mat ch grant award
amounts.
15. Increase expenditure appropriations by $70,000 for Other Capital to purchase digital displays.
16. Increase expenditure and revenue appropriations by $3,919,687 for increased legal costs including an increase to
the Transfer In from the General Fund of $2.4 million and $1.5 million in Other Revenues.
17. Increase expenditure appropriations by $18,800 from available fund balance for various Open Space and
Maintenance District Funds.
18. Increase expenditure and revenue appropriations by $100,000 for Supplies & Services for increased fuel costs.
19. Increase expenditure appropriations by $60,000 for Other Capital to purchase new vehicle.
20. Increase revenue appropriations by $100,000 for auction proceeds for the disposal of City vehicles.
21. Increase expense and revenue appropriations by $40,045 for Utilities due to increase in electricity and natural gas
costs.
22. Increase expenditure appropriations by $67,372 for Supplies & Services of $64,272 and Transfer-Out of $3,100 to
the CV Elite Training Center Fund.
23. Increase expenditure and revenue appropriations by $582,416 in Supplies & Services to purchase program
supplies.
24. Increase expenditure and revenue appropriations by $297 in Other Expenses to pay final debt service payment.
25. Increase expenditure appropriations by $52,000 for Other Capital to pay for vehicle and equipment purchases.
26. Increase revenue appropriations by $6,373,080 for Charges for Services related to Park Dedication revenues based
on updated projections.
27. Increase expenditures appropriations by $650,000 for CIP Project Expenditures for the Heritage Road Bridge
Improvements (STM-0386) project.
28. Decrease revenue appropriations by $1,685,932 for Charges for Services related to Park Dedication revenues based
on updated projections.
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
The Second Quarter Monitoring Report presents projected revenue and expenditure actuals as of December
31, 2022. Approval of the resolution amending the fiscal year 2022/2023 budget will result in the following
impacts:
General Fund
The proposed adjustments increase expenditure appropriations by approximately $8,961,572 and increase
estimated revenues of $8,961,572.
Other Funds
The proposed adjustments have a net positive fiscal impact of $7,607,298 to various funds, including an
$7,179,288 increase in expenditure appropriations and an $14,786,585 increase in revenue appropriations.
ONGOING FISCAL IMPACT
Staff will review the impacted fund budgets to identify potential ongoing impacts and will incorporate as
required during the Fiscal Year 2023/2024 budget development process.
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ATTACHMENTS
Attachment 1 – General Fund Budget Transfers
Attachment 2 – General Fund Budget Amendments
Staff Contact: Sarah Schoen, Director of Finance/Treasurer
Ed Prendell, Budget and Analysis Manager
Page 370 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE
FISCAL YEAR 2022/23 BUDGET TO ADJUST FOR
VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5
VOTE REQUIRED)
WHEREAS, the City Charter states that at any meeting after the adoption of the budget,
the City Council may amend or supplement the budget by a motion adopted by the affirmative
votes of at least four members; and
WHEREAS, staff has completed the budget review for the quarter ending December 31,
2022 and is recommending a number of budget amendments; and
WHEREAS, staff is recommending increasing $8,961,572 in expense appropriations to
various departments in the General Fund and increasing revenues appropriations by $8,961,572,
resulting in no net impact to the General Fund; and
WHEREAS, the 2016 Measure P Sales Tax Fund, 2018 Measure A Sales Tax Fund,
American Rescue Plan Act 2021 Fund, State Grants Fund, Central Garage Fund, Equipment
Vehicle Replacement Fund, and Transportation DIFs Fund will be positively impacted as a result
of increased revenue appropriations resulting from the recommended changes; and
WHEREAS, the Transportation Grants-Gas Tax, Advanced Life Support Program Fund,
Special Revenue Endowments Fund, Other Grants Fund, Federal Grants Fund, Environmental
Services Fund, Public Educational & Govt Fee Fund, Public Liability Trust Fund, CFD 14M-B-
EUC Millenia Fund, Open Space District #04 Fund, Open Space District #20 Fund, CFD 98-3
Sunbow 2 Fund, Living Coast Discovery Center Fund, CV Elite Athlete Training Center Fund,
Transport Enterprise Fund, Sewer Service Revenue Fund, Public Facilities DIF Fund, and Parkland
Acquisition & Development Fees Fund will be negatively impacted due to adjustments that will
add appropriations that will be made from the available balances of these funds; and
WHEREAS, the recommended adjustments to the Donations Fund, Local Grants Fund,
Chula Vista Housing Authority Fund, and Energy Conservation Loans Fund consist of offsetting
adjustments between revenue and expenditure categories and are neutral resulting in no net impact
to these funds; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it does hereby amend the fiscal year 2022/23 budget and approves the following appropriations
and transfers:
Page 371 of 510
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February 21, 2023 Post Agenda
Resolution No. ________
Page 2
Summary of General Fund Appropriations and/or Transfers
Summary of Appropriations and/or Transfers for Other Funds
Presented by Approved as to form by
Sarah Schoen Glen R. Googins
Director of Finance/Treasurer City Attorney
Page 372 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
Attachment 1
Department From To Reason Amount
Public Works Personnel Services Supplies and Services Transfer for Computer Purchases 5,000$
Development Services Personnel Services Capital Transfer for Vehicle Purchase 37,000
Development Services Personnel Services Supplies and Services Transfer for Postage 15,000
Development Services Personnel Services Supplies and Services Transfer for Attorney Services 5,000
Police Personnel Services Capital Transfer for Drone Program 30,000
Police Personnel Services Supplies and Services Transfer for SWAT Rifles 60,000
Police Personnel Services Capital Transfer for Vehicle Purchase 47,400
Total General Fund Budget Transfers 199,400$
Fiscal Year 2022-2023 (as of December 31, 2022)
GENERAL FUND BUDGET TRANSFERS
Approved by Administration
Page 373 of 510
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February 21, 2023 Post Agenda
Attachment 2
Resolution Date Budget Amendments Revenue Expenditure Net Impact
2022‐164 7/19/2022 Appropriation for Small Business Grants 250,000$ 250,000$ ‐$
2022‐170 7/19/2022 Personnel Appropriations (Various)971,114 971,114 ‐
2022‐189 8/9/2022 Personnel Appropriations (Various)47,783 47,783 ‐
2022‐190 8/9/2022 Charter Update Appropriations (City Clerk)‐ 195,000 (195,000)
2022‐203 8/23/2022 Appropriation for Harborside Park Closure ‐ 350,000 (350,000)
2022‐216 10/4/2022 Personnel Appropriations (Police)156,548 156,548 ‐
2022‐247 11/8/2022 Personnel Appropriations (Various)780,308 780,308 ‐
2022‐249 11/8/2022 FY23Q1 Appropriations 3,727,122 3,182,122 545,000
2022‐272 12/6/2022 Personnel Appropriations (Various)235,420 235,420 ‐
2022‐284 12/20/2022 Personnel Appropriations (Various)8,024 8,024 ‐
Total General Fund Budget Amendments $ 6,176,319 $ 6,176,319 $ ‐
Fiscal Year 2022‐2023 (as of December 31, 2022)
General Fund Budget Amendments
Page 374 of 510
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February 21, 2023 Post Agenda
Quarterly Financial Report
Second Quarter of Fiscal Year 2023
February 21, 2023
Page 375 of 510
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February 21, 2023 Post Agenda
General Fund Revenues
(in millions)
Fiscal Year 2023 Second Quarter Financial Monitoring Report 2
Revenue Source Adopted Budget Amended
Budget
Year-end
Projection Variance
Major Discretionary Revenues
Property Tax 40.9$ $ 44.4 $ 46.9 $ 2.6
Property Tax in lieu of VLF 26.8 27.8 27.8 -
Sales Tax 42.3 43.7 45.7 1.9
Measure P Sales Tax 25.9 25.9 28.0 2.1
Measure A Sales Tax 25.9 25.9 28.0 2.1
Franchise Fees 14.5 14.5 14.5 -
Transient Occupancy Tax 5.2 5.4 8.9 3.5
Utility User Tax 3.8 3.8 3.8 -
Major Discretionary Revenues Subtotal 185.3 191.4 203.7 12.3
Other General Fund Revenues
Other Revenues 63.6 64.5 63.5 (1.0)
Other General Fund Revenues Subtotal 63.6 64.5 63.5 (1.0)
Other General Fund Sources 6.5 6.5 -
Total Revenues/Sources 248.9$ $ 262.4 $ 273.7 $ 11.3
Page 376 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
General Fund Expenditures
(in millions)
3Fiscal Year 2023 Second Quarter Financial Monitoring Report
Expenditures Adopted Budget Amended
Budget
Year-end
Projection Variance
Personnel Services $ 126.9 $ 130.0 $ 126.9 $ 3.0
Non-Personnel
Supplies and Services 18.6 21.2 22.7 (1.5)
Other Expenses 1.8 7.5 8.0 (0.5)
Utilities 6.1 6.2 6.2 (0.0)
Other Expenditures 95.5 97.7 104.5 (6.9)
Total Non Personnel 122.0 132.5 141.4 (9.0)
Total Expenditures $ 248.9 $ 262.4 $ 268.3 $ (6.0)
Page 377 of 510
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February 21, 2023 Post Agenda
General Fund Summary
(in millions)
4Fiscal Year 2023 Second Quarter Financial Monitoring Report
Revenue/Expenditure Adopted
Budget
Amended
Budget
Year-end
Projection Variance
REVENUE SOURCES:
Major Discretionary Revenues 185.3$ $ 191.4 $ 203.7 $ 12.3
Other Revenues 63.6 64.5 63.5 (1.0)
Other General Fund Sources 6.5 6.5 -
Total Revenues/Sources 248.9$ $ 262.4 $ 273.7 $ 11.3
EXPENDITURES:
Personnel Services 126.9$ $ 130.0 $ 126.9 3.0$
Non-Personnel Expenditures 122.0 132.5 141.5 (9.0)
Total Expenditures 248.9$ $ 262.4 $ 268.4 (6.0)$
Projected General Fund Surplus -$ -$ $ 5.3 5.3$
RESERVES (Per Council Policy)
Operating, Economic & Catastrophic -$ -$ $ 1.3 (1.3)$
Pension Reserve Fund - - 4.0 (4.0)
Total Increase to Reserves -$ -$ $ 5.3 (5.3)$
Page 378 of 510
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February 21, 2023 Post Agenda
Second Quarter Adjustments
Non-Departmental
•Increase Major Revenue--
$9.9 million
•Increase in Transfers Out--
$6.5 million
Fire Department
•Transfer from Non-
Departmental $900K in
MOU cost
•Strike-Team
revenue/expenditures of
$500K
Engineering/Capital
Projects
•Decrease of $1.2 million in
revenues due to vacancies
5
General Fund
Fiscal Year 2023 Second Quarter Financial Monitoring Report
Page 379 of 510
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February 21, 2023 Post Agenda
Central Garage
Fund
Increase revenues by
$600k
Increase expenditures
by $600k
For increased fuel,
maintenance costs,
and capital equipment.
Public Liability
Trust Fund
Increase revenues by
$3.9 million
Increase expenditures
by $3.9 million
Due to increased
liability costs
Transportation
DIFs Fund
Increase revenues by
$6.3 million
Increase expenditures
by $650k
Dedicated park
revenues and Heritage
Road Bridge CIP
Parkland
Acquisition &
Dev Fees Fund
Decrease revenues by
$1.7 million
Reduced dedicated
park revenues
6
Second Quarter Adjustments
Other Funds Significant Budget Adjustments
Fiscal Year 2023 Second Quarter Financial Monitoring Report
Page 380 of 510
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February 21, 2023 Post Agenda
7
Recommended Actions
Fiscal Year 2023 Second Quarter Financial Monitoring Report
Accept the quarterly financial report
Adopt a resolution to make amendments to FY2022/23
appropriations as recommended in the report
Page 381 of 510
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February 21, 2023 Post Agenda
Quarterly Financial Report
Second Quarter of Fiscal Year 2023
February 21, 2023
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February 21, 2023 Post Agenda
v . 0 03 P a g e | 1
February 21, 2023
ITEM TITLE
Appointment of Interim Acting City Attorney: Consider Approving a Contract with Lounsbery Ferguson
Altona & Peak for Interim Acting City Attorney Services, and Appropriating Funds
Report Number: 23-0065
Recommended Action
Adopt a resolution approving a contract with the law firm of Lounsbery Ferguson Altona & Peak (“Lounsbery
Firm”) for interim acting City Attorney Services, and appropriating funds for that purpose. (4/5 Vote
Required)
SUMMARY
The City Council took action earlier this year to solicit proposals from qualified municipal law firms to serve
in the role of interim acting City Attorney until a special election to fill the City Attorney seat takes place in
November of 2023. An Ad Hoc subcommittee of the Council, along with the City Manager and representatives
from the City Attorney’s office, reviewed responsive proposals, conducted interviews, and now recommend
to the City Council that the City of Chula Vista enter into a contract with the Lounsbery Firm for interim acting
City Attorney Services, and appropriate funds for that purpose.
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
Not Applicable.
DISCUSSION
With the passing of Simon Silva on September 3, 2022, followed by his election to the position of City Attorney
on November 8, 2022, on December 20, 2022, the City Council declared the City Attorney’s seat vacant and
called a special election to fill the vacancy for November 2023. Pending the outcome of this special election,
the Charter provides that existing City Attorney Googins could continue to serve as City Attorney. However,
on January 10th, the City of Santa Clara appointed Googins to be their City Attorney starting March 1st of
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February 21, 2023 Post Agenda
P a g e | 2
2023. This created the need to appoint an interim acting City Attorney to replace Googins for the time period
commencing upon his departure up to and until his successor is elected and sworn into office.
Googins briefed the Council on their options to replace him on an interim basis at their January 17th City
Council meeting. At that time, in order to assure that the position was filled by a highly qualified, but non -
political, service provider, the Council voted 4-0 to solicit proposals from four local law firms that specialized
in municipal law services. To implement the selection process the Council also voted to create an ad hoc
subcommittee comprised of Mayor McCann and Councilmember Chavez.
Consistent with Council action, a request for proposals was finalized and issued to the four identified firms
on January 20th. (See Attachment 1) The firms solicited were Lounsbery Ferguson Altona & Peak
(“Lounsbery Firm”), McDougal Boehmer Foley Lyon Mitchell & Erickson (“McDougal Firm”) Burke, Williams
& Sorenson (“Burke”) and Best, Best and Krieger (“BB&K”). Two of the firms (Burke and BB&K) were
interested, but ultimately determined that they did not currently have the capacity to provide the required
services due to existing commitments to other local cities with Tuesday night Council meetings. In light of
this, another prominent municipal law firm, Rutan & Tucker, was also solicited to submit a proposal.
Ultimately, Rutan & Tucker also determined they did not have sufficient capacity to provide the required
support for Tuesday night Council meetings and therefore were not able to submit a proposal.
Fortunately, the two proposals the City did receive, from the Lounsbery Firm and the M cDougal Firm, were
of very high quality.
The proposal from the Lounsbery Firm provided as follows:
--Attorney Jill Maland to be the designated “acting” City Attorney
--Multiple other attorneys to be available to provide back-up in various practice areas, with Helen Peak as
the primary back-up
--8 “on-site” days per month to be provided at a fixed rate of $18,500 per month, including Council meeting
days no matter the duration.
--Hourly rates above and beyond as follows: Acting City Attorney/Partners: $235 per hour; Associates $190
per hour; Paralegals $100 per hour. (Rates proposed at a substantial discount over existing, standard rates.)
(See full proposal in Attachment 2).
The proposal from the McDougal Firm provided as follows:
--Attorney Morgan Foley to be the designated “acting” City Attorney
--Multiple other attorneys to be available to provide back-up in various practice areas
--Fixed fees per month of $16,000 for up to 90 hours (with negotiable alternatives, including, e.g., up to
$21,000 for up to 120 hours).
--Hourly rates above and beyond as follows: Partners and Associates: $190 per hour; Law Clerks/Paralegals:
$100 per hour. (Rates proposed at a substantial discount over existing, standard rates.)
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P a g e | 3
(See full proposal in Attachment 3).
After meeting and working with City staff to develop interview questions and to further define the selection
process, interviews of the Lounsbery Firm and the McDougal Firm were conducted. Both presentations were
excellent and gave the City two very high-quality options at more than reasonable rates, discounted below
the firms’ respective standard rates. Both firms offered versions of a substantial on-site presence along with
availability “as needed” during off hours. Although both firms presented many strengths a nd few
weaknesses, ultimately, the Lounsbery Firm was thought to be the best fit for the City’s current legal needs.
Attorney Maland of the Lounsbery Firm previously served as both a Deputy City Attorney and Assistant City
Attorney for the City of Chula Vista from 2004 to 2021. Her recent experience and long tenure working for
the City of Chula Vista , including her legal advisory work with prior and current City officials, management,
and department staff, make the Lounsbery Firm uniquely positioned to efficiently and effectively provide
interim acting City Attorney services until the next City Attorney is elected and sworn into office.
The recommendation of the Ad Hoc subcommittee that the Lounsbery Firm be selected to provide the City
with necessary interim acting City Attorney services and that funds be appropriated for such purposes is
now presented to the City Council for its consideration. The City Manager’s Office and the City Attorney’s
office concur with this recommendation.
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
Approval of this resolution will authorize the appropriation of $140,000 to the City Attorney’s General
Fund budget under Contracted Services and the appropriation of Non-Departmental TOT revenues in the
amount of $140,000, which results in a no net impact to the General Fund.
ONGOING FISCAL IMPACT
For Fiscal Year 2023-24, the remaining contracted funds of $210,000 will be requested as part of the
annual budget development process.
ATTACHMENTS
1. Request for Proposals to Serve as Chula Vista’s Acting City Attorney dated January 20, 2023
2. Lounsbery Ferguson Altona & Peak LLP proposal dated February 1, 2023
3. McDougal Boehmer Foley Lyon Mitchell & Erickson proposal dated February 1, 2023
4. Resolution Approving Contract
5. Legal Services Agreement with exhibits A1, A2 and B
Staff Contact: Glen Googins, City Attorney
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OFFICE OF THE CITY ATTORNEY
REQUEST FOR PROPOSALS
TO SERVE AS CHULA VISTA’S
ACTING CITY ATTORNEY
January 20, 2023
INTRODUCTION
The City of Chula Vista (“City”), a chartered municipal corporation, is seeking proposals from
law firms interested in providing legal services to the City as the Acting City Attorney. Selection
of a qualified firm will be made on the basis of demonstrated experience, training, education,
proposed rates, and other relevant factors. Given the projected high number of billable hours per
week (25 to 40 or more), the City requests that proposals contain the firm’s best available public
agency billing rates and/or alternative fixed fee or hybrid billing structures that maximize value.
The selected firm would be asked to serve as the Acting City Attorney for the City of Chula Vista
until the next elected City Attorney is sworn in (either December 2023, or April 2024 in the event
of a run-off election). The City expects to contract with the selected firm on a modified version of
the City’s standard legal services contract, substantially in the form attached hereto as
Attachment 1.
Proposals are due by 5:00 p.m. on Wednesday, February 1st. Interviews will be scheduled for the
following week. The City anticipates that a panel of City elected officials and staff will review
any submitted proposals, complete interviews, and submit their recommendation to the City
Council for its consideration and approval on February 14, 2023.
GENERAL INFORMATION
The City Attorney’s Office is responsible for providing all required advisory, transactional and
litigation legal services to the City Council, City staff, and all City Boards and Commissions.
Current staffing includes 6 attorneys, a Risk Manager, a Law Office Manager, a Paralegal, and
two Legal Assistants.
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The City Attorney’s Office from time to time retains outside counsel and other legal professionals
to handle certain specialized legal issues, litigation, and to assist in the handling of work
overflow. The City Attorney’s Office oversees the work of outside counsel in an effort to provide
necessary representation to the City in an economical fashion.
SCOPE OF SERVICES
In close collaboration with the current City Attorney’s office lawyers and staff, the Acting City
Attorney shall serve as chief legal advisor to the Mayor and Council, staff in all City departments,
and all City Boards and Commissions. The Acting City Attorney will be expected to advise the
Mayor and Council on all proposed ordinances, resolutions, orders, programs, and policies; advise
City management on all legal issues in every policy, program, and administrative undertaking
involving City’s resources; and monitor and oversee all litigation that involves or impacts the City
and its officers and employees. The Acting City Attorney will also assist with the management of
the City Attorney’s office currently consisting of six attorneys, and five professional support staff.
A more detailed scope of services is provided in Exhibit A1 of Attachment 1.
GENERAL EXPECTATIONS
The City Attorney’s Office has the responsibility of managing every legal matter affecting the
City. Selected firms can expect to work in close cooperation with the City Manager’s office and
the Mayor and Council to meet the City’s legal needs and control and minimize the City’s legal
and litigation costs.
The City expects all of its attorneys to observe the highest professional and ethical standards
when representing the City. Any potential conflicts must be discussed and resolved in accordance
with applicable legal and professional standards as soon as they are recognized.
SELECTION OF COUNSEL
The City’s goal is to select an outside firm that will provide high quality legal services at a
reasonable and manageable cost in close collaboration with the City’s existing legal staff and
outside counsel relationships.
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Selection of outside counsel to serve as Acting City Attorney will be based on their expertise in
serving as a City Attorney for a municipal corporation, resources available to dedicate to the role
of Acting City Attorney, work quality, commitment to controlling costs, and other relevant factors
determined by the City.
INFORMATION TO INCLUDE IN PROPOSAL
Although the City does not require that your response be presented in a particular format, it is
suggested that you provide the following information for consideration:1
1. Firm/Attorney Resume.
It is requested that you submit a firm resume with curriculum vitaes or biographies on the
proposed Acting City Attorney and all members of your firm that you propose would provide
services to the City of Chula Vista.
2. Description of Firm/Attorney Experience.
Please include a description of the law firm and its ability to serve as Acting City Attorney,
including a description of the firm’s knowledge and expertise in relevant areas of municipal law.
The description should also include all attorneys with whom the Acting City Attorney may
consult or assign projects to during the Acting City Attorney’s term, all non-attorney staff the
Acting City Attorney may use to complete required services, and back-up attorneys who could
assist the City in the event of absence or unavailability of the Acting City Attorney.
3. References.
Please identify the names of three (3) or more public agency client references with specific
information as to services provided to the named reference. Please include the name, address, and
telephone number of a current person to contact on behalf of the listed reference.
1 Since the four firms solicited to this RFQ have all recently submitted responses to the City’s previous RFQ for
general legal services dated November 9, 2022, an acceptable response to this RFQ could be presented as a
supplement to the firm’s previous submission as opposed to an entirely new and separate submission.
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4. Approach and Availability.
A detailed discussion on the firm’s or individual attorney’s approach to providing municipal legal
services that demonstrate the proposer’s understanding of the needs of the City of Chula Vista and
the proposer’s ability to address them during the appointment period.
It is anticipated that the Acting City Attorney will be providing primary legal support to the
Mayor and Council, City Manager, and City Clerk, at Council/Board meetings. These and other
legal services provided with respect to day to day City operations will need to be delivered in
close collaboration with existing City legal department staff and retained outside counsel.
Describe your approach to integrating your services with the existing City Attorney’s Office and
outside counsel already under contract.
The City anticipates approximately twenty five (25) to forty (40) plus hours of legal services to be
provided weekly. Include your firm’s or individual’s ability to meet the legal service needs of the
City, including attending meetings of City Council and with City Management and the City
Attorney’s Office.
This section should include a description of the firm’s approach to transitioning the provision of
the City’s legal services to the next elected City Attorney that is expected to be sworn in by
December of 2023 or April of 2024.
5. Compensation Schedule.
Please provide a proposed compensation schedule with a description of any fees or costs for the
proposed services. The proposed compensation schedule could include any of the following
compensation structures: (a) hourly rates; (b) flat fees (e.g. monthly fee for all services, fixed
rates for basic, known services like attendance at a City Council meeting); or (c) hybrid model
including both hourly fees for certain services and flat fees for other services. Hourly fees may
also be graduated to provide for decreasing hourly rates as the number of hours performed
increases. Compensation schedules including flat fee or hybrid model options are strongly
encouraged.
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6. Malpractice Insurance.
The City will require appropriate and adequate malpractice insurance from its on-call counsel.
Consequently, please identify your professional liability carrier along with a general description
of the type of coverage and limits of coverage.
7. Conflict of Interest.
The City will require counsel to provide a statement representing that a diligent conflicts search
has been performed and information as to whether you are aware of any actual, or potential,
conflict of interests should your firm be selected to represent the City.
8. Prior Services for the City of Chula Vista.
Please identify any previous services provided to the City of Chula Vista or its redevelopment
agency. Your description should include a brief discussion of the subject matter related to your
representation, the time period during which you represented the City, and the resolution or
outcome of the services provided.
SUBMITTAL OF RESPONSE
All materials submitted in response to this request should be presented via e-mail to
cityattorney@chulavistaca.gov, in person, or in hard copy format postmarked no later than
February 1, 2023 (one (1) copy only). Please address your hard copy responses to the following:
Glen R. Googins
City Attorney
276 Fourth Avenue
Chula Vista, California 91910
THANK YOU FOR YOUR INTEREST
The City would like to thank you for taking the time to consider this request. We look forward to
receiving your proposal and statement of qualifications. You may be assured that any materials
submitted will be given serious consideration.
If you have any questions or comments, please contact Stephanie Necochea
(snecochea@chulavistaca.gov), Law Office Manager at (619) 585-5731 between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday.
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ATTACHMENT 1
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
INSERT LAW FIRM NAME
This Legal Services Agreement (“Agreement”) is entered into Insert Date (“Effective
Date”), by and between the City of Chula Vista (“City”) and Insert Law Firm Name (“Attorney”).
RECITAL
Attorney represents it is qualified by virtue of experience, training, education, and
expertise to accomplish the services to be provided under this Agreement.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term of Agreement. This Agreement shall cover services rendered from on or about
February 22, 2023 until the next elected City Attorney is sworn into office, currently projected to
be December 2023 or April 2024.
2. Services to be Provided. The services to be performed by Attorney shall consist of the
performance of any and all tasks and services reasonably required to advise, assist, and fully and
competently represent the City in all legal matters presented to Attorney and on any matters in
litigation, wherein Attorney is consulted by, or appears on behalf of, the City. Attorney’s services
shall include, but are not limited to, any and all reasonably required legal representation on behalf
of the City in the capacity of Acting City Attorney (collectively, the “Required Services”). A
description of the anticipated scope of Required Services is attached as Exhibit A1.
3. Compensation - Attorney shall be compensated for performance of the Required
Services as follows:
3.1 Amount. The total amount of service and costs to be paid under this Agreement shall
not exceed Insert Amount without the express written authorization of the City prior to work or
services performed. Any amounts incurred beyond that amount that were not so approved in
writing, are subject to non-payment.
Prior to commencing services under this Agreement, Attorney shall obtain advance
approval of the individual attorneys who will be performing any Required Services. Additionally,
Attorney shall obtain advance approval of any changes to the individual attorneys performing any
Required Services. The City shall compensate Attorney for the Required Services satisfactorily
performed and approved at the following hourly rates:
INSERT ATTORNEY RATES
Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as
defined below, such hourly compensation shall be the sole and total remuneration for services
rendered pursuant to this Agreement.
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3.2 Billing. Attorney agrees to comply with all Billing Standards identified in Exhibit
A2. Attorney agrees to provide City with a detailed invoice for the Required Services performed
each month, within thirty (30) days of the last day of the month in which the Required Services
were performed. Invoicing shall begin on the first day of the month following the Effective Date
of the Agreement.
The City does not pay for the preparation of billings or for discussions concerning
billing. The City will not accept and will not be responsible for block or cumulative invoice
entries. Attorney shall not charge the City for more than one Attorney’s time when appearing at a
meeting, in Court, or for performing any task unless the City has expressly authorized in writing
the use of two or more attorneys for the appearance or task.
All billing for work performed under this Agreement shall be sent to the following:
City of Chula Vista Attorney’s Office
ATTN: Law Office Manager
276 Fourth Avenue
Chula Vista, CA 91910
3.3 Payment to Attorney. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed
by Attorney, City agrees to pay Attorney for the approved amounts within thirty (30) days.
3.4 Reimbursements for Expenses. Attorney shall keep accurate records of all costs,
travel, and expenses. These records shall be made available to the City upon reasonable request.
The City will reimburse actual, reasonable, and necessary out of pocket expenses
incurred by Attorney in performing any services under this Agreement as follows:
a) Photocopying charges at no more than $0.15 per page.
b) Parking Fees at the actual amount charged to Attorney.
c) Travel/Mileage at the current federal per mile rate. Any travel fees
incurred outside of San Diego County must be authorized and approved in
advance by the City.
d) Statutory Fees, Witness fees, Reporters fees, Stenographic transcription,
jury fees and the cost of serving process actually incurred by Attorney.
e) Attorney may seek reimbursement for any actual, reasonable and necessary
expenses incurred on items not identified above with the prior authorization
and approval by the City.
The City will not reimburse Attorney for any additional charges incurred due to “rush”
deliveries or “late” charges, unless such expenses are approved in writing and in advance by the
City after the need for such services is determined by the City to be reasonably beyond the control
of Attorney.
To obtain reimbursement, Attorney shall submit a monthly summary of expenses, along
with all supporting receipts, within thirty (30) days of the expense being incurred.
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3.5 Expert Consultations and Witnesses. Expert consultations and witnesses, and any
investigators, may be retained on terms acceptable to the City, authorized and approved in writing
and in advance, for which the City shall reimburse the Attorney or pay investigators, consultants,
or experts directly. In no event shall Attorney retain any service of any expert, investigator, or
consultant without first receiving express authorization and approval from the City.
4. Insurance.
4.1 Professional Errors and Omissions Insurance. Attorney shall obtain and maintain in
full force and effect at all times Professional Errors and Omissions Liability Insurance. Such
insurance shall provide coverage in an amount not less than two million dollars ($2,000,000.00)
per claim and four million dollars ($4,000,000.00) aggregate. The City reserves the right to
require insurance for a higher coverage than the minimum limits noted above. All insurance
carriers shall hold a Best rating of “A+” or better. The insurance policy required under this
paragraph shall be endorsed to state that coverage shall not be suspended, voided, cancelled,
reduced in coverage, or in limits, except after thirty (30) days prior written notice, by certified
mail return receipt requested, given to the City. If the Attorney maintains higher limits than the
minimums stated above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Attorney.
Said insurance policy shall be written on a policy form coverage specifically designed to
protect against negligent acts and errors or omissions of Attorney. Any deductibles or self-
insured retentions must be declared to and approved by the City. The City may require Attorney
to provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the deductible or retention.
Attorney shall, within ten (10) days after entering into this Agreement, and before
commencing or performing any services under the Agreement, deposit with the City Attorney, a
Certificate of Insurance certifying that all insurance required herein is, and will be, in full force
and effect from the time the Agreement is entered into until the later of the date of expiration or
termination of this Agreement. Should Attorney’s insurance policy terminate during the
Agreement period, the Attorney shall renew the Certificates of Insurance at least fifteen (15) days
prior to expiration and submit to the City at least ten (10) days prior to expiration. Any delay in
submission of current Certificates of Insurance may result in a delay of payment.
Attorney shall not commence any work under this Agreement until Attorney has
obtained and submitted all City approved insurance.
All insurance required shall be carried only by responsible insurance companies licensed
to do business in California. All policies shall contain language to the effect that: (1) the insurer
waives any right of subrogation against the City and the City’s elected officials, officers,
employees, agents, and representatives; and (2) insurance shall be primary non-contributing and
any other insurance carried by the City shall be excess over such insurance. Attorney shall
furnish the City with copies of all applicable policies promptly upon receipt.
Nothing in this section shall be construed to make Attorney other than an independent
contractor for all purposes.
Attorney agrees to notify the City in the event that the limits shall fall below the
coverage stated above or if the insurance policies noted here are allowed to lapse and substitute
insurance is, or is not, obtained.
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5. Indemnification. Attorney agrees to protect, hold harmless, defend, and indemnify the
City, its employees, elective or appointive boards, officers, agents, agenda and affiliates, from any
and all loss, claims liabilities, expenses, or damages of any nature whatsoever, including
Attorneys’ fees, arising out of or in any way connected with the misconduct, negligent acts, errors
or omissions in the performance of the Required Services under Agreement by Attorney,
Attorney’s agents, officers, employees, sub-contractors, or independent contractors of Attorney,
except where the loss or liability arises out of the sole negligence or willful misconduct of the
City.
6. City Agent. The City Manager, for the purposes of this Agreement, is the agent for the
City. Whenever authorization or approval is required, Attorney understands that the City
Manager has the authority to provide the authorization or approval.
7. Independent Contractor. Attorney, and anyone employed by Attorney, are not and shall
not be, deemed employees of the City. Attorney is solely responsible for the payment of
employment taxes, workers compensation taxes, and any other taxes for employees.
8. Conflict of Interest. Attorney represents that they presently have no material financial
interest other than that which may be held by the general public and shall not acquire any interest,
direct or indirect, in any contract or decision made on behalf of the City which may be affected by
the services to be performed by Attorney under this Agreement. Attorney further agrees that no
person having any such interest shall be employed by them. If Attorney or their employees
acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the
City and the interested individual shall abstain from any contracts or decisions under this
Agreement.
In addition to the proscriptions regarding conflicts of interest imposed on Attorney by the
Business and Professions Code and by California Rules of Professional Conduct, Attorney
represents that no Attorney shall represent clients before any board, commission, committee or
agency of the City or represent any client with interests adverse to the City. Furthermore,
Attorney shall at all times avoid conflicts of interest or the appearance of a conflict of interest in
performance of this Agreement. Attorney shall immediately notify the City Attorney of any
circumstances, or change of circumstances, that may provide for the potential for a conflict of
interest, or actual conflict of interest.
9. Non-Liability of Officials/Employees of the City. No official or employee of the City
shall be personally liable for any default or liability under this Agreement.
10. Compliance with Law. Attorney shall comply with all applicable laws, ordinances,
codes, and regulations of all Federal, State, and local governments. In addition, Attorney agrees
to abide by all ethical and moral standards as represented by the Rules of Professional Conduct as
applied to the California State Bar.
11. Work Product. All documents, or other information developed or received, by
Attorney shall be the property of the City. Attorney shall provide the City with copies of items
upon reasonable demand or upon termination of this Agreement.
12. Notices. Attorney must immediately advise City of any significant developments in
the performance of the Required Services. City requires that drafts of all pleadings or papers filed
with the court be provided to City in advance of filing and with adequate time for review and
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comment by City. Attorney must immediately advise City of all trial related dates, any dates for
alternative dispute resolution, and any motion or court hearing dates upon first notification to
Attorney of such dates.
All notices shall be personally delivered or mailed, via first class mail, to the below listed
address. In addition, such addresses shall be used for delivery for service of process. Attorney
agrees to notify the City within ten (10) days of the date of any change of address and agree to
keep an updated address with the applicable Courts on any matters that Attorney is representing
the City.
a. Address of Attorney is as follows:
ATTORNEY NAME
LAW FIRM NAME
LAW FIRM ADDRESS
EMAIL ADDRESS
b. Address of City is as follows:
INSERT ATTORNEY NAME
City of Chula Vista Attorney’s Office
276 Fourth Avenue
Chula Vista, CA 91910
INSERT ATTORNEY EMAIL
13. Default/Termination of Agreement. City and Attorney shall have the right to terminate
this Agreement without cause by giving fifteen (15) days written notice. However, Attorney shall
not substitute out as Attorney of Record on any matters it may be representing the City without
first obtaining written consent from the City, or first obtaining an appropriate Court Order,
allowing Attorney to withdraw as counsel of record.
14. Limitations Upon Assignment/Subcontracting. Attorney agrees that no portion of their
performance of Required Services rendered under this Agreement shall be assigned by Attorney
or subcontracted to any other party without prior written authorization and approval of the City.
15. Non-Discrimination. Attorneys covenant there shall be no discrimination based upon
race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any
activity pursuant to this Agreement.
16. Time of Essence. Time is of the essence in the performance of this Agreement.
17. Authority to Execute. The persons executing this Agreement on behalf of the parties
warrant that they are duly authorized to execute this Agreement as herein stated.
18. City Audit. The City is required to complete an annual audit. The Auditors may
contact and require some input from Attorney concerning matters Attorney is engaged for the
City. Attorney agrees to cooperate, at no charge to the City, for such cooperation or input as may
be required.
19. Entire Agreement. This Agreement represents the parties’ final and mutual
understanding. This Agreement supersedes any previous agreements, oral or written.
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20. Modification. This Agreement shall not be modified or replaced except by another
signed, written Agreement, properly executed by the parties.
21. Waiver. The waiver of any breach or any provision of this Agreement does not waive
any other breach of that term, or any other term, in this Agreement.
22. Partial Invalidity. If any part of this Agreement is found for any reason to be
unenforceable, all other parts nonetheless shall remain in force.
23. Governing Law. This Agreement shall be interpreted and construed in accordance with
the laws of the State of California. Any action commenced regarding this Agreement shall be
filed in the Central Branch of the San Diego Superior Court.
24. Interpretation. This Agreement shall be interpreted as though prepared by both parties.
25. Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating responsibility or liability between the City and Attorney
survive the termination of this Agreement.
26. Financial Interests. Attorney is deemed to be a “Consultant” for the purposes of the
Political Reform Act conflict of interest and disclosure provisions and shall report economic
interests to the City Clerk on the required Statement of Economic Interests in such reporting
categories as are specified in Exhibit B, or if none are specified, then as determined by the City
Manager.
IN WITNESS WHEREOF, these parties have executed this Agreement on the day and
year shown hereinabove.
CITY OF CHULA VISTA
By: ______________________________________________________
Glen R. Googins, City Attorney
ATTORNEY
By:
______________________________________________________
Insert Signer Name and Title
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EXHIBIT A1 to ATTACHMENT 1
Anticipated Scope of Required Services
Subject to the limitations identified in this Exhibit A1, the Acting City Attorney will be
responsible to perform or manage, in coordination with existing City Attorney’s office staff,
and/or outside counsel under contract with the City, all City Attorney duties as identified in and in
accordance with the City Charter, the Chula Vista Municipal Code, any City-wide or department
policies, including but not limited to the following:
1) Act as the City of Chula Vista’s Acting City Attorney.
2) Perform, or supervise the performance of, all legal affairs on behalf of the City.
3) Represent and advise City Council and all City Officers in all matters of law pertaining to
their offices and advise all boards and commissions, and other agencies of the City on
legal matters referred to the City Attorney, and render legal opinions when requested by
City Council, City Manager, City Clerk or any board or commission with decision
making authority.
4) Represent, defend, and appear for the City and any City Officer or employee, or former
City Officer or employee as required by law or City policy in any and all legal actions
and proceedings.
5) Attend and advise at all regular and special meetings of the City Council.
6) Attend and advise at board and commission meeting as necessary.
7) Attend and represent City at administrative hearings as necessary.
8) Oversee the preparation of all contracts made by and all bonds given to the City, and
approve the form of same in writing.
9) Oversee the preparation of any and all proposed ordinances or resolutions for the City,
and approve the form of same in writing.
10) Review and approve all other necessary legal documents in the City’s performance of its
municipal functions such as: real property instruments of varying nature including
purchase agreements and escrows, leases, covenants, deeds, easements, and licenses;
bond size, amount, and offering terms and conditions; public works construction
documents including bid specifications, contracts, bonds, insurance, liens and related
documents; memorandums of understanding; franchise agreements; bargaining
agreements and bargaining agreement language, employment agreements, independent
contract agreements, investigation reports, as required, public records act responses,
requests for proposals and similar procurement and solicitation documents, and other
legal documents.
11) Prosecute, in the Acting City Attorney’s professional discretion, all offenses against the
ordinances of the City and State (as authorized/required by law).
12) Exercise discretion as to when to commence or maintain legal proceedings whenever a
civil cause of action exists in favor of the City, subject to Council approval or ratification.
13) Consistent with all applicable ethical rules and guidance, commence or maintain legal
proceedings as directed by the City Council.
14) Surrender to the Acting City Attorney’s successor all books, papers, files etc.
15) Oversee or provide input regarding court appearances handled by the City Attorney’s
Office or outside counsel.
16) Provide supervisory support to the attorneys and staff of the City Attorney’s Office
consistent with the City Charter and personnel rules.
17) Retain and work with existing outside legal counsel on specific litigation or transactional
advice matters, subject to the limitations identified herein.
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18) Work collaboratively with the City Attorney’s Office staff and the Acting City Attorney’s
successor to properly transition performance of job duties to the City Attorney.
19) May appoint Assistant or Deputy City Attorneys for the term of the Acting City Attorney,
subject to the limitations identified herein.
20) May employ special legal counsel and appraisers, engineers, and professionals for
handling of litigation, subject to the limitations identified herein.
Limitation on Services
The Acting City Attorney will perform certain services in a limited capacity as provided below:
1) Any employment-related decisions with regard to City employees, such as hiring,
discipline, termination, or salary step increases/decreases, must be approved in advance
by the City Manager.
2) Entering into, amending, or terminating current City contracts with vendors may occur
only after prior consultation with the identified City Attorney Office representative and
advance approval by the City Manager.
3) Entering into, amending, or terminating current City contracts with outside counsel may
occur only after prior consultation with the identified City Attorney Office representative
and advance approval by the City Manager.
4) Delegation of tasks within the City Attorney’s Office may occur only after consultation
with identified City Attorney Office representative.
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EXHIBIT A2 to ATTACHMENT 1
Billing Standards
The Acting City Attorney (“Attorney”) shall follow all of the below billing standards:
1) All cases shall be billed monthly pursuant to section 3 of this Agreement, and shall
comport with State and ABA billing standards.
2) The fee portion of each invoice shall include the attorney’s name (or initials, if full name
is noted elsewhere on invoice), amount, date work was performed, the amount of time
expended, rate per hour, and a brief description of the services rendered as a basis for fee
calculation, or other method of determining the fees. All tasks set forth in Attorney’s
billing documentation shall be specific and detailed. Examples of unacceptable billing
entries include but are not limited to: overly generalized listings of task descriptions (e.g.,
“review contract” or “prepare for negotiations”); double staff or attorney time on any
task, unless expressly authorized by the City Manager; block billing; time billed for
additional newly assigned attorney(s) to learn case file; assigned work by law clerks;
administrative costs; word processing charges; secretarial or clerical charges; time spent
on researching and/or drafting work that Attorney has done and billed another client for
in the past.
3) Hourly billings under this Agreement shall not be provided in more than six (6) minute
increments and shall represent the devotion of a full six minutes before an increment is
billed.
4) The cost and expense portion of the invoice shall clearly identify the nature and amount
and any other cost(s) billed to City and must be separately itemized with prior written
approval of the City Manager. Any experts or contractors hired by Attorney on behalf of
City whose charges are billed through the Attorney must also provide such billing
itemization and such billing shall be attached to the billing provided to City by Attorney.
Professional fees and expenses invoiced to City shall be due and payable within thirty
(30) days after receipt of Attorney’s statement.
5) In support of payment for such bill, Attorney shall furnish payroll records, bills, invoices,
receipts or other evidence of reimbursable expenses incurred as reasonably requested by
the City Manager. City reserves the right to require additional substantiation of any item
of claimed expense.
6) If representing City in active litigation, Attorney shall prepare a brief summary of activity
on each case on a quarterly basis.
7) Third party charges are billable at actual cost.
8) Postage charges are billable at actual cost.
9) Expert witness fees are not automatically authorized. Attorney shall obtain approval for
each expert witness from the City Manager.
10) Billing that can be reimbursed through payment out of City identified enterprise funds or
developer/applicant accounts shall be prepared in accordance with the requirements
identified for such reimbursements.
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15
EXHIBIT B to ATTACHMENT 1
STATEMENT OF ECONOMIC INTERESTS
CITY OF CHULA VISTA
AND
INSERT LAW FIRM NAME
Attorney: Insert Attorney Name
( ) Not Applicable. Not a Fair Political Practices Commission (“FPPC”) Filer.
( ) FPPC Filer.
If Attorneys in the performance of its services under this agreement: (1) conduct research and arrives
at conclusions with respect to its rendition of information, advice, recommendations or counsel
independent of the control and direction of the City or of any City official, other than normal contract
monitoring; and (2) possesses no authority with respect to any City decision beyond the rendition of
information, advice, recommendations or counsel, Attorneys should not be designated as an FPPC
Filer.
If Attorneys are designated as FPPC filers, specify below which disclosure categories apply:
( ) 1. All investments, sources of income, and business positions;
( ) 2. Interests in real property located in the City of Chula Vista;
( ) 3. Investments, business positions, interests in real property, and sources of income
subject to the regulatory, permit or licensing authority of a City department;
( ) 4. Investments, business positions in business entities, and sources of income that
engage in land development, construction, or the acquisition or sale of real property within
the jurisdiction of the City of Chula Vista;
( ) 5. Investments and business positions in business entities that, within the past two years, have
provided leased facilities, services, supplies, materials, machinery or equipment to the City
of Chula Vista; or income from sources that provide leased facilities, goods, equipment,
vehicles, machinery or services (including training or consultant services) of the type
utilized by the City;
( ) 6. Investments and business positions in business entities that, within the past two years, have
provided leased facilities, services, supplies, materials, machinery or equipment to a City
department; or income from sources that provide leased facilities, goods, equipment,
vehicles, machinery or services (including training or consultant services) of the type
utilized by a City department;
( ) 7. Investments, business positions in business entities, and sources of income that, within the past
two years, have received grants or other monies from or through the City of Chula Vista.
Page 400 of 510
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LOUNSBERY FERGUSON
ALTONA & PEAK LLP
960 Canterbury Place, Suite 300
Escondido, California 92025-3870
Telephone (760) 743-1201
Facsimile (760) 743-9926
www. LFAP .corn
JOHN W. W1TT
1932-2018
JILLD.S.MALAND
SENIOR COUNSEL
Direct: (760) 743-1226, ext. 109
Email: JSM@LFAP.COm
February 1,2023
Sent Via Electronic Mail (cilyattorney@chulavistaca.gov)
Glen R. Googins
City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
RE: Response to Request for Proposals for Acting City Attorney Services
Dear Glen:
Thank you for the opportunity to respond to the City ofChula Vista's Request for Proposals
("RFP") in connection with its search for an Acting City Attorney. Our firm is honored that you
have requested our participation in the selection process and we are pleased to submit our proposal
for the City's consideration.
Lounsbery Ferguson Altona & Peak is a locally-based firm with a long histoty of providing
public agencies with a broad range of legal services, including general municipal law, CEQA, real
property matters, public finance, elections, and contractual matters. In addition, we have a robust
litigation practice, representing both public and private sector entities in various contractual and
land use matters. We believe that this experience, along with my background serving as a Deputy
City Attorney and Assistant City Attorney for Chula Vista, make this firm uniquely qualified to
provide the requested legal services. In addition, we understand the financial challenges that
municipalities face and we pride ourselves on providing excellent services at reasonable rates to
help our clients meet those challenges.
Enclosed is our comprehensive proposal in response to the City's RFP. Under our
proposal, I would serve as the Acting City Attorney. My recent tenure as the City's Assistant City
Attorney afforded me in-depth knowledge of the City, its personnel, its systems and processes,
and, particularly, the City Attorney's department. This familiarity with the City will decrease the
cost and time that otherwise would be associated with this type of transition. It will allow me to
easily engage with existing personnel and procedures, as well as to be ready for new challenges
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LOUNSBERY FERGUSON ALTONA & PEAK LLP
Glen R. Googins
February 1,2023
Page 2 of 2
on day one. My primary back-up in the role would be Helen Holmes Peak, a founding partner of
this firm who has assisted public agencies for more than three decades, and has sen'ed as the City
Attorney of San Marcos since 1997. In addition, all members of the firm will be available to assist
as-needed to best serve the City's needs.
Our proposal contemplates a hybrid fee approach. Under our proposed approach, I would
spend 8 days per month on-site for a flat fee, with an hourly rate to be applied to other work. This
approach is intended to help the City control its legal costs and to foster communication. Under
our approach, my attendance at the weekly City Council meetings, as well as other meetings held
on the on-site days, would be encompassed within the flat rate, regardless of the length of the
meeting. In addition, being on-site will encourage communication with City Council members,
City staff, and members of the City Attorney's department. We view this as critical to
understanding the City's needs and providing legal assistance in an efficient manner. While we
view this as an effective approach, we remain open to modifying it to best fit the City's needs and
financial limitations.
We thank you for considering Lounsbery Ferguson Altona & Peak and are available to
answer any questions you may have.
Sincerely,
-COU-NSB.ES.Y FERGUSON ALTONA & PEAK, LLP
Enclosure: Proposal to Provide Acting City Attorney Services to the City ofChula Vista
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February 21, 2023 Post Agenda
Proposal to Provide Acting City Attorney
Services to the
CITY OF CHULA VISTA
February 1, 2023
960 Canterbury Place, Suite 300 ▪ Escondido, California 92025
Telephone (760) 743-1201 ▪ Facsimile (760) 743-9926 ▪ www.LFAP.com
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Proposal to Provide Acting City Attorney Services for the City of Chula Vista i
TABLE OF CONTENTS
I. FIRM AND ATTORNEY RESUMES ........................................................................ 1
A. THE FIRM ....................................................................................................... 2
B. THE ATTORNEYS .......................................................................................... 4
II. DESCRIPTION OF FIRM/ATTORNEY EXPERIENCE .......................................... 12
III. REFERENCES ...................................................................................................... 17
IV. APPROACH AND AVAILABILITY ........................................................................ 18
V. COMPENSATION SCHEDULE ............................................................................. 20
VI. MALPRACTICE INSURANCE............................................................................... 21
VII. CONFLICT OF INTEREST .................................................................................... 22
VIII. PRIOR SERVICES FOR THE CITY OF CHULA VISTA ........................................ 23
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I. FIRM AND ATTORNEY RESUMES
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A. THE FIRM
Founding Principles
In 1996, four attorneys separated from the large regional law firm of Higgs, Fletcher,
and Mack to form their own firm. The firm was founded on principles of providing
excellent, affordable legal services, and serving the surrounding community. The four
founding partners are still with the firm today, evidencing their commitment and
dedication to the practice, their clients, and each other. They are joined by a corps of
senior associates, seasoned in the practice of municipal law. The firm continues to
honor its core principles and prides itself on being nimble and capable of providing
prompt, accurate, and thrifty responses to its clients’ needs. We have a culture of
advising at a client’s site, in our offices, and remotely. We are proud that we have
retained many of the same clients, including municipal entities, for the entirety of our
existence as a firm.
Practice Areas
LFA&P offers advisory, transactional and litigation services in the following specialty
areas:
• Municipal: provision of full-scale City Attorney services;
specialty counsel services in various areas including elections
matters, conflicts of interest, fee analyses, and ethics
complaints
• Real Property: acquisition, development, financing, lease
disputes
• Land Use: general plan and zoning amendments, project
entitlements and development agreements
• Environmental: permitting, compliance and mitigation
• Government Regulation: administrative actions
• Litigation: CEQA; eminent domain, construction, business,
and contract disputes, legal fee analysis, boundary and
easement disputes, class actions
• Labor and Employment: advisory and litigation
The firm’s attorneys have provided legal services to numerous public agencies. This
work has included City Attorney services for the City of San Marcos since 1992, and
previously for the cities of Lemon Grove, San Diego, Escondido, and South Lake
Tahoe. We have also provided special counsel services to the cities of Calexico,
Carlsbad, Chula Vista, Coronado, El Cajon, Encinitas, Imperial Beach, Lake Forest,
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La Mesa, Oceanside, Poway, San Diego, Santee, and Vista, and the County of San
Diego, as well as other public agencies.
LFA&P is committed to providing client satisfaction through efficient personal service
and by finding creative and cost-effective solutions for its clients. The firm takes pride in
matching or exceeding the level of service provided by larger, more expensive firms.
Community Support
Our focus is always on the best interests of clients. Yet, LFAP also takes time to be a
good neighbor. Our attorneys have been longtime supporters of the Boys and Girls
Clubs, the regional affiliates of the San Diego Foundation, the Armed Services YMCA,
and other local organizations. We will continue this work in accordance with the firm ’s
founding principles.
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B. THE ATTORNEYS
If this firm is selected to provide the requested services, Jill Maland would serve as
Acting City Attorney and Helen Holmes Peak would serve as Ms. Maland’s back-up, if
needed, to ensure continued and consistent service for the City. In addition, several of
the firm’s attorneys would be available to provide legal assistance, as appropriate, to
best serve the City’s needs. The attorneys and their general practice areas are as
follows:
Jill D.S. Maland General municipal law, public finance, conflicts of
interest, ethics, elections, Public Records Act, Brown Act
Helen Holmes Peak General municipal law, land use and CEQA, civil
litigation, real estate and business transactions, Brown
Act, Public Records Act, ethics, post-Redevelopment
Dissolutions, code enforcement
Catherine Ferguson General municipal law, land use, environmental law,
CEQA, real estate matters, code enforcement
Chandra Kiamilev Business litigation, Brown Act, First Amendment,
employment law, insurance matters, property disputes,
code enforcement
Richard Payne Civil litigation, employment law, insurance coverage, real
estate and business transactions
Punam Parikh Prahalad General municipal law, land use and CEQA, civil
litigation, municipal code violations, planning, code
enforcement
Jacqueline Paterno General municipal law, housing, labor and employment
Other partners and associates of the firm who practice in the above specialty areas may
be assigned to City matters according to skill and experience, when and if those
services are needed.
All members of the firm are active members of the State Bar of California in good
standing, and qualified to practice law in the state.
Summaries of qualifications for Ms. Maland, Ms. Peak, Ms. Ferguson, Mr. Kiamilev,
Mr. Payne, Ms. Prahalad, and Ms. Paterno are provided on the following pages.
To review the qualifications of any other LFAP attorneys, please visit our website at:
www.LFAP.com.
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Jill D.S. Maland
Ms. Maland’s current practice focuses on representing public sector clients. She has
advised public entities on various matters including the Brown Act, conflicts of interest,
elections, land use, environmental issues, real estate transactions, public contracting,
and municipal finance. Ms. Maland’s public sector clients have included the cities of
Chula Vista, Cathedral City, Coronado, Imperial Beach, and Rancho Mirage, as well as
San Diego Community Power. She currently serves as the Assistant City Attorney for
the City of San Marcos. Before entering the public sector, Ms. Maland was in private
practice handling complex civil litigation matters involving various land use,
construction, environmental, and contractual issues.
Prior to joining Lounsbery Ferguson Altona & Peak, Ms. Maland was a staff attorney for
the City of Chula Vista. Ms. Maland joined the City in 2004 as a Deputy City Attorney,
and was promoted through the ranks, ultimately achieving the Assistant City Attorney
position which she held until her departure in 2021. During her time with the City,
Ms. Maland provided legal services to multiple City departments, including: City Clerk,
Finance, City Manager, Library, Information Technology, Economic Development, Parks
and Recreation, Public Works, and Sustainability. During her tenure with the City,
Ms. Maland also led the legal advisory group and advised the Chula Vista Districting
and Redistricting Commissions, the Charter Review Commission, the Mobile Home
Rent Review Commission, and the Otay Valley Regional Park Policy Committee. She
also served as back-up to the City Attorney, including advising the City Council and
attending City Council meetings, as needed.
Ms. Maland received an undergraduate degree in economics from the University of
California at San Diego and a Juris Doctor from California Western School of Law. She
is a member of the California State Bar and is admitted to practice before the United
States District Court for the Southern District of California. She is also a member of the
City Attorneys Association of San Diego, previously serving as Secretary, and the
Lawyers Club of San Diego. In addition, Ms. Maland is a Board member for Teen
Volunteers in Action and teaches civics through Junior Achievement of San Diego
County.
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Helen Holmes Peak
Helen Holmes Peak practices in the area of municipal law and government relations.
She has represented numerous public agencies in a variety of practice areas including,
but not limited to, general municipal, real estate, land use, environmental, public
contracting and employment law. Her special counsel work has included assisting the
cities of La Mesa, Encinitas and Lemon Grove in employment and personnel matters,
the cities of Coronado, Imperial Beach, Santee, Calexico, and others, in campaign
finance and elections matters. Ms. Peak has assisted the City of Vista in interagency
matters, and has worked on conflict of interest, Public Records Act, Brown Act,
litigation, and associated matters for various public agencies. In connection with her
representation of public agencies, Ms. Peak has participated in negotiations with and
hearings before numerous local, state and federal regulatory and permitting agencies.
Her work has included consultation with various cities, redevelopment agencies and
other entities concerning the preparation and defense of enviro nmental review
documents, including representation of these entities in litigation relating to land use
and environmental issues. Ms. Peak served as Corporation Counsel of the former
Centre City Development Corporation in San Diego from 2001 to 2008. She currently
serves as the contract City Attorney for San Marcos, a position she has held since
1997.
Ms. Peak received an undergraduate degree in political science from Stanford
University and received her Juris Doctor degree from McGeorge School of Law,
University of the Pacific.
Ms. Peak has served on the League of California Cities’ Legal Advocacy Committee
(past Chair) and is currently a member of the Attorney Development and Succession
Committee of the League’s City Attorneys Department. She is also a member of the
City Attorneys Association of San Diego (past President, 2x). Ms. Peak is a member of
the California State Bar Association, the San Diego County Bar Association, and the
U.S. Supreme Court Bar.
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Catherine Ferguson
Catherine Ferguson advises clients on matters regarding real property and land use
issues, environmental laws, and municipal matters. Her land use practice includes real
property purchase and sale agreements, development agreements, com mercial leasing,
zoning regulations, project entitlements, easement issues, and civil litigation. Her
environmental law practice includes due diligence review, and environmental impact
reports under CEQA. Her municipal law practice includes entitlements, development
regulation, housing laws, and municipal code provisions.
Ms. Ferguson graduated from the University of San Diego School of Law in 2016 with a
concentration in Public Law. Prior to graduation, Ms. Ferguson interned at the
Oceanside and San Diego City Attorney’s Offices, San Diego Coastkeeper, and the
USD Law Civil Law Clinic. Ms. Ferguson did her post-bar internship at Procopio Cory
Hargreaves & Savitch in the Family Law department assisting with cases involving real
property disputes.
Ms. Ferguson is an active member of the State Bar of California Environmental Section
and is admitted to practice before the United States District Court for the Southern
District of California. Ms. Ferguson is also a member of the San Diego County Bar
Association.
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Chandra Kiamilev
Chandra Kiamilev is a trial attorney with over 20 years of experience. Selected as a
2021 Super Lawyer, a distinction afforded the top 5% of attorneys nationwide, his
practice focuses on representing individuals and entities before State and Federal
Courts, as well as numerous administrative agencies throughout California.
Mr. Kiamilev practices in the areas of business litigation, business counseling, Brown
Act violations, first amendment rights, defamation claims, employment law and
counseling, insurance law, malicious prosecution, and property disputes.
Mr. Kiamilev graduated from the University of California at San Diego with majors in
Political Science and Economics, and a minor in Latin American Studies. Mr. Kiamilev
received his Juris Doctorate from the University of California, Hastings College of the
Law, where he was recognized as the school’s top oral advocate. During law school,
Mr. Kiamilev clerked for the United States Attorney’s Office as well as for the Hon.
Maxine Chesney of the United States District Court for the Northern District of
California.
Mr. Kiamilev began his career working for top-tier international law firms in Downtown
Los Angeles and Century City. He moved to San Diego to join a large regional firm
specializing in trial work. Mr. Kiamilev is active in the San Diego Community and is a
contributing member to the William D. Lynch Foundation for Children and supports local
youth tennis and basketball programs.
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Jacqueline Paterno
Jacqueline Paterno practices in the areas of municipal law, land sales and acquisition,
land use and development, and employment litigation.
Ms. Paterno received her undergraduate degree from California State University, Long
Beach, where she served as the President of the Speech and Debate team and was
nationally recognized in collegiate debate tournaments. She graduated with a Juris
Doctor from California Western School of Law, competing for her law school as a
member of the Moot Court team and recognized as a Distinguished Advocate at
California Western’s Appellate Competition. During law school, Jacqueline worked at a
civil litigation firm focused on disability rights and as a clinical intern at the California
Innocence Project.
Before joining Lounsbery Ferguson Altona & Peak, Jacqueline specialized in
management side employment law, and worked on large research grants and
community service-based contracts at the San Diego State University Research
Foundation.
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Richard Payne
Richard Payne is a trial attorney with 25 years of experience. His practice focuses on
representing individuals and business entities before State and Federal Courts, as well
as numerous administrative agencies throughout California.
Mr. Payne practices in the areas of business litigation, contract disputes, construction
law, mechanics liens, insurance coverage, business counseling, employment law and
counseling, and property disputes.
Mr. Payne attended Oxford University, and the University of California, Santa Cruz, and
received his undergraduate degree from the San Francisco Art Institute. Mr. Payne
received a Master of Fine Arts from Stanford University, and his Juris Doctorate from
the University of California, Hastings College of the Law. During law school, Mr. Payne
clerked for the San Francisco City Attorney, the Board of Immigration Appeals, and for
the Hon. William Orrick of the United States District Court for the Northern District of
California.
Mr. Payne began his career working for top-tier international law firms in San Francisco.
He moved to San Diego to join a large regional firm specializing in construction law and
insurance coverage. Mr. Payne is admitted to practice in all California state courts, the
United States District Courts for the Southern, Northern, Eastern, and Central Districts
of California, the United States Court of Appeals for the Ninth Circuit, and the U.S.
Supreme Court Bar. Mr. Payne is active in the San Diego Community. He has taught
Aikido locally since 2005 and is a fourth-degree black belt.
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Punam Parikh Prahalad
Punam Parikh Prahalad practices in the area of municipal law. She represents public
agencies in a variety of practice areas, including general municipal, land use, and
environmental, and currently advises the San Marcos Planning Commission.
Ms. Prahalad has represented public agencies in CEQA litigation, general civil litigation,
and in prosecuting municipal code violations.
Ms. Prahalad earned a Bachelor of Science degree in Civil and Environmental
Engineering from the University of Cincinnati in 1998 and worked as an engineer after
graduating. In 2002 she earned her law degree from Tulane Law School where she
earned a certificate in Environmental Law. She has worked for the U.S. Environmental
Protection Agency, the County of San Diego and the County of Orange. She has also
taught a course in environmental law to public policy students in UC San Diego’s School
of Global Policy & Strategy.
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III. DESCRIPTION OF FIRM/ATTORNEY EXPERIENCE
As requested in the City’s RFP, we have provided below a description of our firm
and its ability to serve as Acting City Attorney, including a description of the firm’s
knowledge and expertise in relevant areas of municipal law.
Acting City Attorney Services
• Jill Maland has served as an Assistant City Attorney and/or Deputy City Attorney
for numerous municipalities, including for nearly 17 years with the City of Chula
Vista. She served as the back-up to the Chula Vista City Attorney for several
years during her tenure there, which just ended in 2021. The length and breadth
of her time in the Chula Vista City Attorney’s department makes her particularly
well-suited to serve as the Acting City Attorney. She is familiar with the City’s
internal processes and procedures, as well as many of the current staff
members. She worked closely with many members of the City’s current
management team, including Ms. Kachadoorian, Ms. Bigelow, Ms. Allen,
Mr. Crockett, Ms. Chase, and Ms. Kurz. Ms. Maland served directly under the
tutelage of Mr. Googins for approximately thirteen years, and worked alongside
many of the current members of the City Attorney’s department, including
Ms. Rogan, Ms. McClurg, Mr. McDonnell, Ms. Carnahan, Ms. Galleher,
Ms. Zeleniak, and Ms. Malveaux. This familiarity with the City and its personnel
will allow Ms. Maland to step into the Acting City Attorney role with a minimal
learning curve, and with the benefit of established relationships.
Ms. Maland is also prepared for the role in terms of her knowledge and
experience. During her tenure with the City of Chula Vista, she advised
numerous City departments, including City Clerk, Finance, City Manager, Library,
Information Technology, Economic Development, Parks and Recreation, Public
Works, and Sustainability, and boards and commissions, including Chula Vista
Districting and Redistricting Commissions, the Charter Review Commission, the
Mobile Home Rent Review Commission, the Planning Commission, and the Otay
Valley Regional Park Policy Committee. She also served as Mr. Googins’ back-
up and led the advisory group. She has also provided similar services to other
cities, including, most recently, as the Assistant City Attorney for the City of San
Marcos. She also previously practiced civil litigation in the areas of construction
defect, contracts, and land use matters. This breadth of experience and
extensive background with the City of Chula Vista make her uniquely qualified to
serve as the City’s Acting City Attorney.
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General Municipal Law
• Jill Maland currently serves as the Assistant City Attorney for the City of San
Marcos. Prior to that, she served as the Assistant City Attorney for Chula Vista,
and Deputy City Attorney for the cities of Chula Vista, Cathedral City, and
Rancho Mirage. She has also provided special counsel services to other public
agencies. Her practice areas have included: the Brown Act, the Public Records
Act, the Political Reform Act, elections law, public finance, conflicts of interest,
staffing various boards and commissions, public contracting, and general
municipal governance. The firm is currently under contract to provide general
municipal law legal services to the City, with Ms. Maland as the lead attorney.
• Helen Holmes Peak has served as a City Attorney since 1997; prior to that time,
she served as a Deputy and then Assistant City Attorney for sev eral years. Over
the years, she has also served as special counsel to a number of cities,
agencies, and special districts, and has advised city councils, planning
commissions, development corporations, personnel commissions, and other
boards and commissions. Areas of representation have included the Brown Act,
the Public Records Act, the Political Reform Act, elections law, land use and
development matters, and other subject matter areas relevant to cities.
• Punam Prahalad currently serves as a Deputy City Attorney for the City of San
Marcos, and advises their Planning Commission. Prior to that, she served as a
Deputy County Counsel for Orange County. Her practice areas have included:
the Brown Act, the Public Records Act, advising planning commissions and
assessment appeals boards, and other subject matter areas relevant to cities
and counties.
• Jacqueline Paterno currently serves as a Deputy City Attorney for the City of
San Marcos. Her experience includes the Public Records Act, housing, and
general municipal governance.
City Charters
• Ken Lounsbery chartered the City of San Marcos in 1994. Several San Diego
cities followed suit, including Vista. The unions challenged the Vista charter
which LFAP successfully defended, all the way to the California Supreme Court.
• Jill Maland was the legal advisor to the City’s Charter Review Commission for
approximately 15 years. During that time, she prepared several Charter
amendments that were ultimately adopted by the electorate, including the
provisions governing district elections.
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Elections
• Jill Maland advised on election matters during her tenure with the City. This
work included drafting ballot measures, preparing Impartial Analyses, and
processing citizens’ initiatives. Since leaving the City, she has continued
advising on elections matters, including investigating and opining on alleged
campaign violations.
Land Use and CEQA
• Helen Holmes Peak assists public agencies with respect to processing, issuing,
and defending land use entitlements as well as environmental review matters.
She has worked on a wide range of land use and development matters, from
single-family residential permitting to several master-planned communities,
including the determination of the appropriate level of environmental review, and
defending environmental review documents. She has prosecuted eminent
domain matters on behalf of public agencies and defended against inverse
condemnation claims. Ms. Peak has represented public agencies on a number
of litigation and potential litigation matters relating to the Clean Water Act and
CERCLA. Her representation of clients has included appearances before the
Coastal Commission, Integrated Waste Management Board, California
Commission on State Mandates, California State Water Resources Control
Board, Regional Water Quality Control Board – Region 9, County of San Diego,
and applicable committees of the California Legislature.
• Punam Prahalad currently works as a litigator assisting the City of San Marcos
with respect to processing, issuing, and defending land use entitlements as well
as environmental review matters.
• Catherine Ferguson advises clients on matters regarding real property
purchase and sale agreements, State and local housing policy and law,
development agreements, commercial leasing, zoning and general plan
regulations, project entitlements, easement issues, and civil litigation. Her
practice also includes due diligence review and environmental impact reports
under CEQA.
Civil Litigation
• Jill Maland previously practiced civil litigation, primarily handling matters
involving construction disputes, contract issues, and land use matters. In
addition, she has overseen, and coordinated with, outside litigation counsel while
serving as a deputy and assistant city attorney.
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• Helen Holmes Peak has defended municipalities in actions relating to
development entitlements, CEQA challenges, exactions and fees, Clean Water
Act and CERCLA litigation, the Public Records Act, the Brown Act, and other
types of matters brought against cities. She has also prosecuted civil code
enforcement actions.
• Chandra Kiamilev has advised insurance companies on bad faith issues and
has defended the same in State and Federal litigation. Mr. Kiamilev has
extensive experience in all aspects of civil litigation and trial, with over 20 years
of experience. Mr. Kiamilev has served as first chair in jury trials, bench trials
and arbitrations. Mr. Kiamilev has defended public entities and has successfully
asserted immunity defenses.
• Richard Payne has extensive experience in all aspects of civil litigation and trial,
including arbitration and mediation, with 25 years of experience. Mr. Payne has
advised and prosecuted insurance companies on bad faith issues.
• Punam Prahalad has defended municipalities in actions relating to development
entitlements and CEQA challenges, and has prosecuted a number of civil code
enforcement actions.
Real Estate and Business Transactions
• Helen Holmes Peak has negotiated, drafted, and participated in the preparation
of innumerable complex real estate and business transactions and associated
documents, which include, but are not limited to, development agreements,
disposition and development agreements, purchase and sale agreements,
financing documents, easements, licenses, covenants, and goods and services
agreements. She has participated in a number of transactions involving the
Surplus Land Act.
• Jill Maland has experience drafting and implementing purchase and sale
agreements, handling various finance matters, and analyzing issues under the
Surplus Land Act.
• Punam Prahalad has experience drafting and negotiating various real estate
documents.
• Jacqueline Paterno has analyzed issues and interacted with HCD staff with
respect to Surplus Land Act transactions and has participated in real estate
purchase and sale transactions.
• Catherine Ferguson has experience drafting and negotiating real estate
transaction documents including purchase and sale agreements, leases,
licenses, easement agreements, and CC&Rs.
Page 419 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 16
Public Finance
• Jill Maland has provided her municipal clients with public finance services,
including advising on the appropriate procedures for implementing fees and
taxes, drafting ballot measures for proposed taxes, and advising on fee
collection, Proposition 218, and other related matters. The firm is currently under
contract to provide public finance legal services to the City, with Ms. Maland as
the lead attorney.
Legal Services Support
In addition to the above attorneys, the firm is supported by extremely
experienced staff. Lauri Hinchcliffe is an experienced paralegal who has served as the
firm’s Office Manager for 27 years. She previously served as an assistant to bond
counsel, having participated in a number of significant bond issues, and continues to
coordinate and compile bond documents and opinions. Elisa Moreno is a Senior Legal
Secretary specializing in Civil Litigation. She has 22 years of experience as a Legal
Assistant and has been with the firm since 2020. Ms. Hinchcliffe and Ms. Moreno,
together with other support staff, provide a depth of knowledge, experience, and
dedication that allows the firm and its attorneys to perform efficiently and effectively.
Page 420 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 17
III. REFERENCES
1. Jack Griffin
City Manager
City of San Marcos
1 Civic Center Drive
San Marcos, California 92069
760-744-1050
The firm has provided City Attorney services to the City of San Marcos
continuously for the past 30 years. This work has encompassed all areas of
municipal law services, including advising on Public Records Act, Brown Act,
Political Reform Act, land use, CEQA, finance, elections, real estate, and related
issues, as well as providing litigation services.
2. Jennifer Ekblad
City Clerk
City of Coronado
1825 Strand Way
Coronado, California 92118
619-522-7321
The firm has provided specialty counsel services to the City of Coronado
over the past several years, including elections services since 2012. Most
recently, this work has involved advising the City Clerk on elections matters and
alleged campaign finance violations.
3. Jacqueline M. Kelly
City Clerk
City of Imperial Beach
825 Imperial Beach Boulevard
Imperial Beach, California 91932
(619) 423-8616
The firm has provided specialty counsel services to the City of Imperial
Beach over the past several years. Most recently, this work has involved
advising on various elections matters, from 2018 through the 2022 election
cycles.
Page 421 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 18
IV. APPROACH AND AVAILABILITY
Our firm strives to provide the highest quality of legal services, while being
mindful of the limitations surrounding public resources and the responsibility associated
with serving the public good. We are committed to providing unbiased legal advice,
supporting the efficient delivery of City services, and ensuring that the City’s actions are
legally compliant.
We recognize that the Acting City Attorney role is unique and will require an
approach that honors the employees, systems, and contractual relationships that the
City already has in place. We view it primarily as a stewardship position, with the
appointee being responsible for managing the City’s existing legal resources and
delivering the highest quality legal services until the next elected City Attorney takes
office. We also acknowledge the importance of the role and are prepared to embrace
and implement any new policy direction that the Council may take, and handle any new
challenges that may arise, pending the election. Our approach in this position would be
to work closely with the City’s current team of attorneys to provide them with the support
and direction needed to allow them to continue delivering stellar legal services. This
would include spending time in the office on a regular basis to help foster interaction
and easy communication with those within the department, as well as other staff
members.
To the extent additional legal assistance is needed, beyond what can be
provided by City Attorney staff and the Acting City Attorney, we would coordinate with
City Attorney staff to determine the best solution. This would include identifying the
scope of services needed, any specialty skills required, and the capacity of the existing
staff and the Acting City Attorney to handle any portion of the work. We would then
work closely with City Attorney staff to identify firms under contract with the City that
have the capacity and expertise to handle the work and, if so, which would be the most
appropriate to utilize. This would all be done with an eye to providing the City with high-
quality legal services, in the most efficient and cost-effective manner.
Once a new City Attorney is elected, we will work with that official to transition the
work. This would include providing briefings on the status of ongoing litigation, advisory
matters, and other projects. We would also provide all relevant background information
and documents in order to ensure that the role can be transitioned as seamlessly as
possible. Finally, if desired by the new City Attorney, we would make ourselves
available for a period of time after he or she takes office to assist with the transition.
Page 422 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 19
As the Acting City Attorney, Ms. Maland would attend all City Council meetings,
and would be available to meet with members of City Management, the City Attorney’s
Department, and other City staff, as needed. She would also work on-site in the City
Attorney’s office on a regular basis, with the specific days and hours to be determined in
consultation with City Attorney staff and City Management. In addition, Ms. Peak would
also be available to provide City Attorney services if Ms. Maland is unavailable or when
the City would best be served by Ms. Peak’s expertise in a particular area.
Page 423 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 20
V. COMPENSATION SCHEDULE
The City’s Proposal offers a unique opportunity and adeptly seeks a unique
compensation approach. We recognize that Mr. Googins’ departure will leave a
significant void at the City, not the least of which will be his physical departure.
Accordingly, we propose that Ms. Maland spend at least eight full business days per
month on-site at City offices.
It is anticipated that this on-site presence would generally occur every Tuesday
and one other day during the week. However, it could vary depending on City needs.
For example, in a week with a City Council meeting and a City Council workshop,
Ms. Maland would be there on Tuesday, through the conclusion of the City Council
meeting, and on Thursday, through the conclusion of the workshop. Another week may
have no City Council meeting scheduled, but may have commission meetings on
Wednesday and Thursday, in which case Ms. Maland would be at the City all day on
Wednesday and Thursday, through the conclusion of the commission meetings.
There may be weeks that require more of a presence and those when there is a
reduced need for such a presence. Ms. Maland would work with City Management and
City Attorney department staff to determine the best schedule each month. For this on-
site time, including attendance at City Council meetings and other meetings during the
on-site days, we would charge a flat monthly fee. For work performed outside of these
days, or by other members of the firm, we would charge an hourly fee. The hourly fees
proposed have been reduced from the amounts in our current contract with the City, in
acknowledgement of the anticipated volume of work associated with the Acting City
Attorney role. The proposed rates are as follows:
On-Site Time
8 Days Per Month: $18,500 per month
[Includes 8 days per month on-site during business hours, including
attendance at City Council meetings and other meetings held on those
days.]
Hourly Rates
Acting City Attorney/Partner: $235
Associates: $190
Paralegals: $100
[To be charged for work performed by the Acting City Attorney, other than
during on-site days, and by other firm members.]
Page 424 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 21
VI. MALPRACTICE INSURANCE
The firm carries professional liability coverage through Greenwich Insurance Company.
The current policy covers the period September 15, 2022 through September 15, 2023.
It is a “claims-made” policy with $2,000,000 coverage per attorney and in the aggregate.
This coverage will be increased to $4,000,000 aggregate if the City awards the Acting
City Attorney services contract to the firm.
Page 425 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 22
VII. CONFLICT OF INTEREST
The firm currently is under contract with the City to provide general municipal legal
services. Accordingly, we conducted a diligent conflicts check prior to commencing that
work in September 2022 and did not identify any conflicts. We are not aware of any
actual or potential conflicts of interests should this firm be selected to represent the City
as a result of the City’s RFP.
Page 426 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
Proposal to Provide Acting City Attorney Services for the City of Chula Vista Page 23
VIII. PRIOR SERVICES FOR THE
CITY OF CHULA VISTA
1. Jill Maland previously worked as a Deputy City Attorney (2004-2009) and
Assistant City Attorney (2009-2021) for the City of Chula Vista. During that time,
she provided an array of legal services in virtually all areas of municipal law,
including municipal finance, land use, elections, contracting, Brown Act, Public
Record Act, districting and redistricting, Charter interpretation and amendment,
and general municipal governance. She currently provides special counsel
services to the City on a variety of matters, on an as-needed basis.
2. The Firm has provided services to the City of Chula Vista on the following
matters:
a. Growth Management Ordinance: Authored City’s first Growth
Management Ordinance and saw it through to adoption (1990-91)
b. Alleged Violation of City’s Campaign Finance Code: Investigated the
complaint, issued findings, and made recommendations (2006)
c. Prop G: Prepared Impartial Analysis for ballot measure, adopted in 2010
(2010)
d. Special Counsel Services: Advised on a variety of municipal legal matters
(2011-2015)
e. Prop C: Advised on all matters pertaining to implementation of
Proposition C (2012)
f. Board of Ethics: Served as legal advisor to the City’s Board of Ethics
(2015)
g. Ethics Complaints: investigated and advised on ethics complaints
(Bartlett; Guerrero) (2018)
h. Cannabis Dispensary Challenges: Defended City against challenges to
denials of cannabis dispensary licenses (CV Amalgamated; UL Chula Two
LLC) (2020)
Page 427 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
CITY OF CHULA VISTA
Statement of Proposal/Qualifications
for Acting City Attorney Services
February 1, 2023
Submitted by
Morgan L. Foley, Principal/Secretary
McDougal Boehmer Foley Lyon Mitchell & Erickson
Page 428 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
TABLE OF CONTENTS
TABLE OF CONTENTS 1
INTRODUCTION 2
ABOUT US 3
FIRM ORGANIZATION 4
OFFICE LOCATION AND RESPONSE TIMES 5
LEGAL SPECIALTIES 6
CLIENT LIST 7
QUALIFICATIONS OF CANDIDATES 9
REFERENCES 11
TRANSITION PLAN/WORKLOAD 13
CONFLICTS OF INTEREST 14
CONFIDENTIALITY OF INFORMATION 15
INSURANCE COVERAGE 16
SCHEDULE OF PROPOSED RATES 18
STANDARD BILLING INFORMATION 19
Page 429 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 1
SECTION ONE: COMPANY PROFILE
Page 430 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
Page 431 of 510City of Chula Vista City Council February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 3
ABOUT US
The law Firm of McDougal Boehmer Foley Lyon Mitchell & Erickson is a professional
corporation, licensed in the State of California. The Firm was established in San Diego County in
1946 and incorporated in 1975. Since its founding, the Firm has represented cities and special
districts in San Diego County longer than any other local law Firm. The attorneys at the Firm
combine over 100 years of litigation and municipal law experience.
As a mid-size legal Firm, we are large enough to provide our clients with a strong group of
professionals who offer a variety of experience and specialties, but small enough to provide
personalized service. This high level of service is the reason our Firm has enjoyed longevity with
many of our clients, some of whom we have represented for decades.
We pride ourselves on these values:
• Personalized Service. Our attorneys provide personal services to clients on an ongoing
basis and at every stage of their representation. Our city attorneys and general counsels
do not just appear at the public meetings; they are personally involved in providing day-to-
day advice and services and are in constant communication with the client agencies and
officials to ensure that timely and high-level service is provided.
• Convenience. We have one centrally located office that allows us to provide convenient
service to clients in all areas of San Diego County, Riverside County, San Bernardino, and
Imperial County; and the same location will easily allow us to provide that same level of
service to the City.
• Value. Our size allows us to manage our costs and expenses so that we can provide all
our legal services at competitive rates.
• Experience. Our litigation and public agency attorneys combine over 100 years of
experience. When you entrust our Firm with your legal representation, you can be
confident your representation is in experienced hands.
Our attorneys provide a full range of legal services including municipal law, special district law,
appeals and writs, business and corporate law, family law, labor and employment, and general civil
litigation.
Page 432 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 4
FIRM ORGANIZATION
The majority of the Firms principals and associates specialize in municipal and special district law
and/or litigation. In addition to the primary attorneys to be assigned to the City, all the attorneys
below have extensive relevant experience for providing consultations or services to the City and
may do so on an as-needed basis.
LITIGATION PUBLIC AGENCY/MUNICIPAL
Steve E. Boehmer, Principal Morgan L. Foley, Principal
Carrie L. Mitchell, Principal Jennifer M. Lyon, Principal
John E. Petze, Senior Trial Counsel R. Randall Erickson, Principal
M. Anne Cirina, Senior Associate Cory R. Lacy, Associate
Matthew A. Thurmer, Associate Mark-Robert Bluemel, Associate
Trentan Cunningham, Associate Joshua Taylor, Associate
Amy Blake, Paralegal Emily Morissette, Associate
Alexis Goldberg, Paralegal Julia Wolpert, Associate
Office Administrator is Victoria L. Miller. Marketing Director is Lisa Vargas
The Firm intends to make the proposed key personnel available to perform legal services for the
duration of the contract.
Please visit www.mcdougallove.com for more information about our principals and associates who
are municipal law and/or litigation specialists.
Page 433 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 5
OFFICE LOCATION AND RESPONSE TIMES
Please refer to the Firm’s RFQ Response.
Page 434 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 6
LEGAL SPECIALTIES
Please refer to the Firm’s RFQ Response.
Page 435 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 7
CLIENT LIST
Please refer to the Firm’s RFQ Response.
Page 436 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 8
SECTION TWO: ATTORNEY
CANDIDATES AND RESUMES
Page 437 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 9
QUALIFICATIONS OF CANDIDATES
Please refer to the Firm’s RFQ Response.
Page 438 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 10
SECTION THREE: REFERENCES
Page 439 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 11
REFERENCES
Please refer to the Firm’s RFQ Response.
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City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 12
SECTION FOUR: ADDITIONAL
INFORMATION
Page 441 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 13
TRANSITION PLAN/WORKLOAD
Our Firm will provide legal services as soon as the City requests such services. While Mr. Foley’s
status as city attorney to the City of El Cajon might result in the occasional need for coverage with
the City, Ms. Lyon and Mr. Lacy are available to immediately provide legal services to the City. In
addition, management for the City of El Cajon understands and wholeheartedly endorses the
concept of assisting the City of Chula Vista by allowing Mr. Foley to prioritize his duties as
necessary, for the benefit of both cities. With both Chula Vista and El Cajon having meetings on
the second and fourth Tuesday, El Cajon understands that Ms. Lyon and Mr. Lacy might need to
fill in for meetings in El Cajon as necessary, on this temporary assignment.
Our attorneys will meet with the Mayor, City Councilmembers, the City Manager and her staff, as
well as the City Clerk and City Attorney’s Offices to be informed about current legal issues and to
receive instructions on current projects. Our Firm is committed to providing superb legal services
in a prompt fashion and will take all necessary steps to make sure the City’s needs are fully
addressed.
The Firm has a history of providing acting city attorney services in situations where a more
permanent candidate is selected – in this instance with the election of a new city attorney. We
believe that the departing City Attorney has previously established a plan on transitioning to the
next elected City Attorney, through contracts with outside special counsel, and believe that his
foresight will not only aid any attorney selected as Acting City Attorney but will also transition
operations of the department in both a seamless and efficient manner. We have no intentions of
changing this plan and these relationships, and we fully support continuing the implementation of
this plan while serving as Acting City Attorney.
Page 442 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 14
CONFLICTS OF INTEREST
Please refer to the Firm’s RFQ Response.
Page 443 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 15
CONFIDENTIALITY OF INFORMATION
Please refer to the Firm’s RFQ Response.
Page 444 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 16
INSURANCE COVERAGE
Please refer to the Firm’s RFQ Response.
Page 445 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 17
SECTION FIVE: FEE PROPOSAL
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City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 18
SCHEDULE OF PROPOSED RATES
The Firm proposes two (2) options for compensation.
1. Hourly rate at $195; or
2. A hybrid fee structure for Acting City Attorney services for the City’s consideration:
Monthly Flat Fee For General Acting City Attorney Services
(up to 90 hours a month); or $16,000
Monthly Flat Fee For General Acting City Attorney Services
(over 90 hours and up to 120 hours a month) $21,000
For hourly rates for Special Acting City
Attorney Services and for hours exceeding
120 in a month:
Attorney – Partner or Associate $195
Law Clerk / Paralegal $100
As public agency attorneys, we are mindful of the fiscal constraints such agencies face. As such,
we make every attempt to keep our costs and expenses as reasonable as possible. We realize
that no billing arrangement is perfect and, therefore, are willing to negotiate what may be a more
suitable arrangement to the City’s specific needs. We also recognize that the services being offered
will likely not involve most, if not all, of the Special Acting Attorney Services described below, as
those services will likely continue to be provided by the existing staff of the City Attorney’s office.
General Acting City Attorney Services:
1. Attendance at all City Council meetings;
2. Attendance at Department Director meetings, staff meetings of the Department,
workshops, and committee meetings as requested by the City Manager or City Council;
3. Research, preparation or review of all written opinions, ordinances, resolutions,
agreements, leases, licenses, public works contracts, and other documents of a legal nature
necessary or requested by the City Council or City Manager (excepting therefrom such documents
that are a part of any matter related to the issuance of bonds, notes, or other similar financing
arrangements involving the City);
4. Provision of legal advice on behalf of the City to Council Members, City Manager,
Commissioners, Department Directors, and other designated personnel;
5. Rendering advice as to personnel matters (except representing the City before its
Personnel Commission, or appeals therefrom); and
6. Rendering advice and assistance in the administration of the City’s general liability risk
management and insurance programs.
Special Acting City Attorney Services:
1. Appearances in court or any administrative proceedings; and
2. Special projects as directed by the City Council or City Manager, or as arranged between
the Acting City Attorney and the City Manager.
Page 447 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
2.1.2023 | McDougal Boehmer Foley Lyon Mitchell & Erickson | 19
STANDARD BILLING INFORMATION
The Firm charges for attorney and paralegal time in 1/10th hour increments and makes no separate
charges for postage, secretarial or other administrative services. Our fees include all routine word
processing, secretarial and office costs associated with the provision of legal services.
Reimbursement of costs advanced by the Firm on behalf of the City, as well as other expenses,
will be billed in addition to the amount billed for fees – these include actual expenses incurred by
the Firm that are related to City business, including some long-distance telephone charges,
photocopy charges at the rate of $.10 per page, and any costs of producing or reproducing
photographs, documents, and other items necessary for legal representation.
The Firm does not charge for routine travel time or expenses for travel to or from its clients or for
appearances at the local court for its public clients.
Costs will be billed at the Firm’s actual costs, including, but not limited to, online legal service
expenses, filing fees, copies, faxes, and other expenses.
The Firm maintains accurate, daily entries of its legal services. The entries are comprehensive,
allowing the client to analyze the work performed and amount of time spent on specific tasks or
projects. Monthly billings will include a report on the total amount of fees incurred by the client, to
date of the invoice, and provides a breakdown of the work performed, and the professional
providing each item of work.
Page 448 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LEGAL SERVICES
AGREEMENT BETWEEN THE CITY AND LOUNSBERY
FERGUSON ALTONA & PEAK LLP (“LOUNSBERY FIRM”)
FOR INTERIM ACTING CITY ATTORNEY SERVICES, AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, on November 7, 2022, Simon Silva was elected to the position of City
Attorney of the City of Chula Vista; and
WHEREAS, as a result of the tragic passing of Simon Silva on September 3, 2022, the
Chula Vista City Council on December 20, 2022 declared the seat vacant and called a special
election to be held Tuesday, November 7, 2023 to fill the City Attorney vacancy; and
WHEREAS, pursuant to Chula Vista Charter Section 503(F), the term of office of the prior
City Attorney, Glen Googins, may continue until a qualified successor is sworn into office; and
WHEREAS, City Attorney Glen Googins will be resigning as City Attorney for the City
of Chula Vista to assume the position of City Attorney for the City of Santa Clara effective March
1, 2023, effective February 23, 2023, prior to the date his successor will be sworn into office; and
WHEREAS, there is a need to appoint an interim acting City Attorney to serve from
February 23, 2023 until a successor City Attorney is elected and sworn into office; and
WHEREAS, consistent with City Council action on January 17, 2023, a request for
proposals was finalized and issued to four identified law firms for interim acting city attorney
services; and
WHEREAS, an Ad Hoc Subcommittee designated by the City Council interviewed highly
qualified, responsive firms and recommended that the City of Chula Vista enter into a contract
with Lounsbery Ferguson Altona & Peak LLP (“Lounsbery Firm”) for interim acting City Attorney
services; and
WHEREAS, the City Council of the City of Chula Vista desires to contract with the
Lounsbery Firm to provide interim acting City Attorney services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Legal Services Agreement Between the City of Chula Vista and Lounsbery
Ferguson Altona & Peak LLP for interim acting City Attorney services, 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 City
Manager to execute same.
Page 449 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
appropriates funds in the amount of $140,000 from Fiscal Year 2022/2023 General Fund revenue
to the City Attorney’s Contracted Services budget.
Presented by Approved as to form by
Glen R. Googins, Glen R. Googins
City Attorney on behalf of the Ad-Hoc City Attorney
Subcommittee comprised of Mayor McCann
and Councilmember Chavez
Page 450 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
LOUNSBERY, FERGUSON, ALTONA & PEAK LLP
This Legal Services Agreement (“Agreement”) is entered into February 22, 2023
(“Effective Date”), by and between the City of Chula Vista (“City”) and Lounsbery Ferguson
Altona & Peak LLP (“Attorney”).
RECITAL
Attorney represents it is qualified by virtue of experience, training, education, and expertise
to accomplish the services to be provided under this Agreement.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term of Agreement. This Agreement shall cover services rendered from on or about
February 22, 2023 until the next elected City Attorney is sworn into office.
2. Services to be Provided. The services to be performed by Attorney shall consist of the
performance of any and all tasks and services reasonably required to advise, assist, and fully and
competently represent the City in all legal matters presented to Attorney and on any matters in
litigation, wherein Attorney is consulted by, or appears on behalf of, the City. Attorney’s services
shall include, but are not limited to, any and all reasonably required legal representation on behalf
of the City in the capacity of Acting City Attorney (collectively, the “Required Services”). A
description of the anticipated scope of Required Services is attached as Exhibit A1.
3. Compensation - Attorney shall be compensated for performance of the Required Services
as follows:
3.1 Amount. The total amount of service and costs to be paid under this Agreement shall not
exceed $350,000 without the express written authorization of the City prior to work or services
performed. Any amounts incurred beyond that amount that were not so approved in writing, are
subject to non-payment.
Prior to commencing services under this Agreement, Attorney shall obtain advance approval
of the individual attorneys who will be performing any Required Services. Additionally, Attorney
shall obtain advance approval of any changes to the individual attorneys performing any Required
Services. The City shall compensate Attorney for the Required Services satisfactorily performed
and approved at the following hourly rates:
On-Site Time
8 Days per Month: $18,500 per month
[Includes 8 days per month on-site during business hours, including attendance at City
Council meetings and other meetings held on those days.]
Page 451 of 510
City of Chula Vista City Council
February 21, 2023 Post Agenda
LSA Lournbery Ferguson Altona & Peak LLC Acting City Attorney 2.22.2023 2
Acting City Attorney/Partner: $235
Associates: $190
Paralegals: $100
[To be charged for work performed by the Acting City Attorney, other than during on-site
days, and by other firm members.]
Travel time shall be billed at the above hourly compensation rate for travel time incurred on
days other than the 8 on-site days per month. Travel time shall not be billed for travel time
associated with on the 8 on-site days per month. Except for reimbursable expenses as defined
below, such hourly compensation shall be the sole and total remuneration for services rendered
pursuant to this Agreement.
3.2 Billing. Attorney agrees to comply with all Billing Standards identified in Exhibit A2.
Attorney agrees to provide City with a detailed invoice for the Required Services performed each
month, within thirty (30) days of the last day of the month in which the Required Services were
performed. Invoicing shall begin on the first day of the month following the Effective Date of the
Agreement.
The City does not pay for the preparation of billings or for discussions concerning billing.
The City will not accept and will not be responsible for block or cumulative invoice entries.
Attorney shall not charge the City for more than one Attorney’s time when appearing at a meeting,
in Court, or for performing any task unless the City has expressly authorized in writing the use of
two or more attorneys for the appearance or task.
All billing for work performed under this Agreement shall be sent to the following:
City of Chula Vista Attorney’s Office
ATTN: Law Office Manager
276 Fourth Avenue
Chula Vista, CA 91910
3.3 Payment to Attorney. Upon receipt of a properly prepared invoice and confirmation
that the Required Services detailed in the invoice have been satisfactorily performed by Attorney,
City agrees to pay Attorney for the approved amounts within thirty (30) days.
3.4 Reimbursements for Expenses. Attorney shall keep accurate records of all costs,
travel, and expenses. These records shall be made available to the City upon reasonable request.
The City will reimburse actual, reasonable, and necessary out of pocket expenses incurred
by Attorney in performing any services under this Agreement as follows:
a) Photocopying charges at no more than $0.15 per page.
b) Parking Fees at the actual amount charged to Attorney.
c) Travel/Mileage at the current federal per mile rate. Any travel fees incurred
outside of San Diego County must be authorized and approved in advance
by the City.
d) Statutory Fees, Witness fees, Reporters fees, Stenographic transcription, jury
fees and the cost of serving process actually incurred by Attorney.
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e) Attorney may seek reimbursement for any actual, reasonable and necessary
expenses incurred on items not identified above with the prior authorization
and approval by the City.
The City will not reimburse Attorney for any additional charges incurred due to “rush”
deliveries or “late” charges, unless such expenses are approved in writing and in advance by the
City after the need for such services is determined by the City to be reasonably beyond the control
of Attorney.
To obtain reimbursement, Attorney shall submit a monthly summary of expenses, along
with all supporting receipts, within thirty (30) days of the expense being incurred.
3.5 Expert Consultations and Witnesses. Expert consultations and witnesses, and any
investigators, may be retained on terms acceptable to the City, authorized and approved in writing
and in advance, for which the City shall reimburse the Attorney or pay investigators, consultants,
or experts directly. In no event shall Attorney retain any service of any expert, investigator, or
consultant without first receiving express authorization and approval from the City.
4. Insurance.
4.1 Professional Errors and Omissions Insurance. Attorney shall obtain and maintain in
full force and effect at all times Professional Errors and Omissions Liability Insurance. Such
insurance shall provide coverage in an amount not less than two million dollars ($2,000,000.00)
per claim and four million dollars ($4,000,000.00) aggregate. The City reserves the right to require
insurance for a higher coverage than the minimum limits noted above. All insurance carriers shall
hold a Best rating of “A+” or better. The insurance policy required under this paragraph shall be
endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or
in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested,
given to the City. If the Attorney maintains higher limits than the minimums stated above, the City
requires and shall be entitled to coverage for the higher limits maintained by the Attorney.
Said insurance policy shall be written on a policy form coverage specifically designed to
protect against negligent acts and errors or omissions of Attorney. Any deductibles or self-insured
retentions must be declared to and approved by the City. The City may require Attorney to provide
proof of ability to pay losses and related investigations, claim administration, and defense expenses
within the deductible or retention.
Attorney shall, within ten (10) days after entering into this Agreement, and before
commencing or performing any services under the Agreement, deposit with the City Attorney, a
Certificate of Insurance certifying that all insurance required herein is, and will be, in full force and
effect from the time the Agreement is entered into until the later of the date of expiration or
termination of this Agreement. Should Attorney’s insurance policy terminate during the Agreement
period, the Attorney shall renew the Certificates of Insurance at least fifteen (15) days prior to
expiration and submit to the City at least ten (10) days prior to expiration. Any delay in submission
of current Certificates of Insurance may result in a delay of payment.
Attorney shall not commence any work under this Agreement until Attorney has obtained
and submitted all City approved insurance.
All insurance required shall be carried only by responsible insurance companies licensed
to do business in California. All policies shall contain language to the effect that: (1) the insurer
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waives any right of subrogation against the City and the City’s elected officials, officers,
employees, agents, and representatives; and (2) insurance shall be primary non-contributing and
any other insurance carried by the City shall be excess over such insurance. Attorney shall furnish
the City with copies of all applicable policies promptly upon receipt.
Nothing in this section shall be construed to make Attorney other than an independent
contractor for all purposes.
Attorney agrees to notify the City in the event that the limits shall fall below the coverage
stated above or if the insurance policies noted here are allowed to lapse and substitute insurance is,
or is not, obtained.
5. Indemnification. Attorney agrees to protect, hold harmless, defend, and indemnify the
City, its employees, elective or appointive boards, officers, agents, agenda and affiliates, from any
and all loss, claims liabilities, expenses, or damages of any nature whatsoever, including Attorneys’
fees, arising out of or in any way connected with the misconduct, negligent acts, errors or omissions
in the performance of the Required Services under Agreement by Attorney, Attorney’s agents,
officers, employees, sub-contractors, or independent contractors of Attorney, except where the loss
or liability arises out of the sole negligence or willful misconduct of the City.
6. City Agent. The City Manager, for the purposes of this Agreement, is the agent for the
City. Whenever authorization or approval is required, Attorney understands that the City Manager
has the authority to provide the authorization or approval.
7. Independent Contractor. Attorney, and anyone employed by Attorney, are not and shall
not be, deemed employees of the City. Attorney is solely responsible for the payment of
employment taxes, workers compensation taxes, and any other taxes for employees.
8. Conflict of Interest. Attorney represents that they presently have no material financial
interest other than that which may be held by the general public and shall not acquire any interest,
direct or indirect, in any contract or decision made on behalf of the City which may be affected by
the services to be performed by Attorney under this Agreement. Attorney further agrees that no
person having any such interest shall be employed by them. If Attorney or their employees acquire
a direct or indirect personal interest, such interest shall be immediately disclosed to the City and
the interested individual shall abstain from any contracts or decisions under this Agreement.
In addition to the proscriptions regarding conflicts of interest imposed on Attorney by the
Business and Professions Code and by California Rules of Professional Conduct, Attorney
represents that no Attorney shall represent clients before any board, commission, committee or
agency of the City or represent any client with interests adverse to the City. Furthermore, Attorney
shall at all times avoid conflicts of interest or the appearance of a conflict of interest in performance
of this Agreement. Attorney shall immediately notify the City Attorney of any circumstances, or
change of circumstances, that may provide for the potential for a conflict of interest, or actual
conflict of interest.
9. Non-Liability of Officials/Employees of the City. No official or employee of the City
shall be personally liable for any default or liability under this Agreement.
10. Compliance with Law. Attorney shall comply with all applicable laws, ordinances,
codes, and regulations of all Federal, State, and local governments. In addition, Attorney agrees to
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abide by all ethical and moral standards as represented by the Rules of Professional Conduct as
applied to the California State Bar.
11. Work Product. All documents, or other information developed or received, by Attorney
shall be the property of the City. Attorney shall provide the City with copies of items upon
reasonable demand or upon termination of this Agreement.
12. Notices. Attorney must immediately advise City of any significant developments in the
performance of the Required Services. City requires that drafts of all pleadings or papers filed with
the court be provided to City in advance of filing and with adequate time for review and comment
by City. Attorney must immediately advise City of all trial related dates, any dates for alternative
dispute resolution, and any motion or court hearing dates upon first notification to Attorney of such
dates.
All notices shall be personally delivered or mailed, via first class mail, to the below listed
address. In addition, such addresses shall be used for delivery for service of process. Attorney
agrees to notify the City within ten (10) days of the date of any change of address and agree to keep
an updated address with the applicable Courts on any matters that Attorney is representing the City.
a. Address of Attorney is as follows:
Jill D.S. Maland
Lounsbery, Ferguson, Altona & Peak, LLP
960 Canterbury Place, Suite 300
Escondido, CA 92025
jsm@lfap.com
b. Address of City is as follows:
Megan McClurg, Assistant City Attorney
City of Chula Vista Attorney’s Office
276 Fourth Avenue
Chula Vista, CA 91910
MMcClurg@chulavistaca.gov
13. Default/Termination of Agreement. City and Attorney shall have the right to terminate
this Agreement without cause by giving fifteen (15) days written notice. However, Attorney shall
not substitute out as Attorney of Record on any matters it may be representing the City without first
obtaining written consent from the City, or first obtaining an appropriate Court Order, allowing
Attorney to withdraw as counsel of record.
14. Limitations Upon Assignment/Subcontracting. Attorney agrees that no portion of their
performance of Required Services rendered under this Agreement shall be assigned by Attorney or
subcontracted to any other party without prior written authorization and approval of the City.
15. Non-Discrimination. Attorneys covenant there shall be no discrimination based upon
race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any
activity pursuant to this Agreement.
16. Time of Essence. Time is of the essence in the performance of this Agreement.
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17. Authority to Execute. The persons executing this Agreement on behalf of the parties
warrant that they are duly authorized to execute this Agreement as herein stated.
18. City Audit. The City is required to complete an annual audit. The Auditors may contact
and require some input from Attorney concerning matters Attorney is engaged for the City.
Attorney agrees to cooperate, at no charge to the City, for such cooperation or input as may be
required.
19. Entire Agreement. This Agreement represents the parties’ final and mutual
understanding. This Agreement supersedes any previous agreements, oral or written.
20. Modification. This Agreement shall not be modified or replaced except by another
signed, written Agreement, properly executed by the parties.
21. Waiver. The waiver of any breach or any provision of this Agreement does not waive
any other breach of that term, or any other term, in this Agreement.
22. Partial Invalidity. If any part of this Agreement is found for any reason to be
unenforceable, all other parts nonetheless shall remain in force.
23. Governing Law. This Agreement shall be interpreted and construed in accordance with
the laws of the State of California. Any action commenced regarding this Agreement shall be filed
in the Central Branch of the San Diego Superior Court.
24. Interpretation. This Agreement shall be interpreted as though prepared by both parties.
25. Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating responsibility or liability between the City and Attorney
survive the termination of this Agreement.
26. Financial Interests. Attorney is deemed to be a “Consultant” for the purposes of the
Political Reform Act conflict of interest and disclosure provisions and shall report economic
interests to the City Clerk on the required Statement of Economic Interests in such reporting
categories as are specified in Exhibit B, or if none are specified, then as determined by the City
Manager.
IN WITNESS WHEREOF, these parties have executed this Agreement on the day and
year shown hereinabove.
CITY OF CHULA VISTA
By: ______________________________________________________
Glen R. Googins, City Attorney
ATTORNEY
By:______________________________________________________
Lounsbery Ferguson Altona & Peak, LLC
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EXHIBIT A1
Anticipated Scope of Required Services
Subject to the limitations identified in this Exhibit A1, Attorney will be responsible to perform or
manage, in coordination with existing City Attorney’s office staff, and/or outside counsel under
contract with the City, all City Attorney duties as identified in and in accordance with the City
Charter, the Chula Vista Municipal Code, any City-wide or department policies, including but not
limited to the following:
1) Act as the City of Chula Vista’s Acting City Attorney.
2) Perform, or supervise the performance of, all legal affairs on behalf of the City.
3) Represent and advise City Council and all City Officers in all matters of law pertaining to
their offices and advise all boards and commissions, and other agencies of the City on legal
matters referred to the City Attorney, and render legal opinions when requested by City
Council, City Manager, City Clerk or any board or commission with decision making
authority.
4) Represent, defend, and appear for the City and any City Officer or employee, or former
City Officer or employee as required by law or City policy in any and all legal actions and
proceedings.
5) Attend and advise at all regular and special meetings of the City Council.
6) Attend and advise at board and commission meeting as necessary.
7) Attend and represent City at administrative hearings as necessary.
8) Oversee the preparation of all contracts made by and all bonds given to the City, and
approve the form of same in writing.
9) Oversee the preparation of any and all proposed ordinances or resolutions for the City, and
approve the form of same in writing.
10) Review and approve all other necessary legal documents in the City’s performance of its
municipal functions such as: real property instruments of varying nature including purchase
agreements and escrows, leases, covenants, deeds, easements, and licenses; bond size,
amount, and offering terms and conditions; public works construction documents including
bid specifications, contracts, bonds, insurance, liens and related documents; memorandums
of understanding; franchise agreements; bargaining agreements and bargaining agreement
language, employment agreements, independent contract agreements, investigation
reports, as required, public records act responses, requests for proposals and similar
procurement and solicitation documents, and other legal documents.
11) Prosecute, in the Acting City Attorney’s professional discretion, all offenses against the
ordinances of the City and State (as authorized/required by law).
12) Exercise discretion as to when to commence or maintain legal proceedings whenever a
civil cause of action exists in favor of the City, subject to Council approval or ratification.
13) Consistent with all applicable ethical rules and guidance, commence or maintain legal
proceedings as directed by the City Council.
14) Surrender to the Acting City Attorney’s successor all books, papers, files etc.
15) Oversee or provide input regarding court appearances handled by the City Attorney’s
Office or outside counsel.
16) Provide supervisory support to the attorneys and staff of the City Attorney’s Office
consistent with the City Charter and personnel rules.
17) Retain and work with existing outside legal counsel on specific litigation or transactional
advice matters, subject to the limitations identified herein.
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18) Work collaboratively with the City Attorney’s Office staff and the Acting City Attorney’s
successor to properly transition performance of job duties to the City Attorney.
19) May designate a primary attorney at the firm to serve in the role of Acting City Attorney
subject to the limitations identified herein.
20) May appoint Assistant or Deputy City Attorneys for the term of the Acting City Attorney,
subject to the limitations identified herein.
21) May employ special legal counsel and appraisers, engineers, and professionals for handling
of litigation, subject to the limitations identified herein.
Limitation on Services
Attorney will perform certain services in a limited capacity as provided below:
1) Designation of a primary attorney at the firm to serve in the role of Acting City Attorney
must be approved in advance by the City Manager.
2) Any employment-related decisions with regard to City employees, such as hiring,
discipline, termination, or salary step increases/decreases, must be approved in advance by
the City Manager.
3) Entering into, amending, or terminating current City contracts with vendors may occur only
after prior consultation with the identified City Attorney Office representative and advance
approval by the City Manager.
4) Entering into, amending, or terminating current City contracts with outside counsel may
occur only after prior consultation with the identified City Attorney Office representative
and advance approval by the City Manager.
5) Delegation of tasks within the City Attorney’s Office may occur only after consultation
with the identified City Attorney Office representative.
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EXHIBIT A2
Billing Standards
Attorney shall follow all of the below billing standards:
1) All cases shall be billed monthly pursuant to section 3 of this Agreement, and shall comport
with State and ABA billing standards.
2) The fee portion of each invoice shall include the attorney’s name (or initials, if full name
is noted elsewhere on invoice), amount, date work was performed, the amount of time
expended, rate per hour, and a brief description of the services rendered as a basis for fee
calculation, or other method of determining the fees. All tasks set forth in Attorney’s billing
documentation shall be specific and detailed. Examples of unacceptable billing entries
include but are not limited to: overly generalized listings of task descriptions (e.g., “review
contract” or “prepare for negotiations”); double staff or attorney time on any task, unless
expressly authorized by the City Manager; block billing; time billed for additional newly
assigned attorney(s) to learn case file; assigned work by law clerks; administrative costs;
word processing charges; secretarial or clerical charges; time spent on researching and/or
drafting work that Attorney has done and billed another client for in the past.
3) Hourly billings under this Agreement shall not be provided in more than six (6) minute
increments and shall represent the devotion of a full six minutes before an increment is
billed.
4) The cost and expense portion of the invoice shall clearly identify the nature and amount
and any other cost(s) billed to City and must be separately itemized with prior written
approval of the City Manager. Any experts or contractors hired by Attorney on behalf of
City whose charges are billed through the Attorney must also provide such billing
itemization and such billing shall be attached to the billing provided to City by Attorney.
Professional fees and expenses invoiced to City shall be due and payable within thirty (30)
days after receipt of Attorney’s statement.
5) In support of payment for such bill, Attorney shall furnish payroll records, bills, invoices,
receipts or other evidence of reimbursable expenses incurred as reasonably requested by
the City Manager. City reserves the right to require additional substantiation of any item
of claimed expense.
6) If representing City in active litigation, Attorney shall prepare a brief summary of activity
on each case on a quarterly basis.
7) Third party charges are billable at actual cost.
8) Postage charges are billable at actual cost.
9) Expert witness fees are not automatically authorized. Attorney shall obtain approval for
each expert witness from the City Manager.
10) Billing that can be reimbursed through payment out of City identified enterprise funds or
developer/applicant accounts shall be prepared in accordance with the requirements
identified for such reimbursements.
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EXHIBIT B
STATEMENT OF ECONOMIC INTERESTS
CITY OF CHULA VISTA
AND
LOUNSBERY, FERGUSON, ALTONA & PEAK LLP
Attorney: Lounsbery, Ferguson, Altona & Peak, LLP
( X ) Not Applicable. Not a Fair Political Practices Commission (“FPPC”) Filer.
( ) FPPC Filer.
If Attorneys in the performance of its services under this agreement: (1) conduct research and arrives
at conclusions with respect to its rendition of information, advice, recommendations or counsel
independent of the control and direction of the City or of any City official, other than normal contract
monitoring; and (2) possesses no authority with respect to any City decision beyond the rendition of
information, advice, recommendations or counsel, Attorneys should not be designated as an FPPC Filer.
If Attorneys are designated as FPPC filers, specify below which disclosure categories apply:
( ) 1. All investments, sources of income, and business positions;
( ) 2. Interests in real property located in the City of Chula Vista;
( ) 3. Investments, business positions, interests in real property, and sources of income
subject to the regulatory, permit or licensing authority of a City department;
( ) 4. Investments, business positions in business entities, and sources of income that
engage in land development, construction, or the acquisition or sale of real property within
the jurisdiction of the City of Chula Vista;
( ) 5. Investments and business positions in business entities that, within the past two years, have
provided leased facilities, services, supplies, materials, machinery or equipment to the City
of Chula Vista; or income from sources that provide leased facilities, goods, equipment,
vehicles, machinery or services (including training or consultant services) of the type
utilized by the City;
( ) 6. Investments and business positions in business entities that, within the past two years, have
provided leased facilities, services, supplies, materials, machinery or equipment to a City
department; or income from sources that provide leased facilities, goods, equipment,
vehicles, machinery or services (including training or consultant services) of the type
utilized by a City department;
( ) 7. Investments, business positions in business entities, and sources of income that, within the past
two years, have received grants or other monies from or through the City of Chula Vista.
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1. Regarding Agenda Item 8.2: The funds appropriated should be rightly, of course, no more than
what the current City Attorney would be paid if he was not resigning; That would of course be
the most prudent use of taxpayers funds according to Council-members fiduciary duties.
2. Regarding a reported attempt to change the designations of the University land set aside long
ago, the Council needs to (must) know that citizens in our supposed-to-be democracy, clearly
and obviously want the land set aside for a University to remain completely and in total as it was
designated originally, for a university, Not for residential or other uses, including Not for
thousands of residential units. It appears a nonresident politician is spearheading that attempt
to use the land for developers of residential units, a legerdemain slight-of-hand opposing the
designation already in place (somewhat limited by special interests already) for a University the
community of residents want and have designated. Please know that we residents demand the
council to safeguard and follow through with the clear desires of your voters as referenced
above, and Stop any change other than Expanding the land for University use, only.
Sincerely,
Todd G. Glanz, Esq./Attorney at Law & Chula Vista resident
Written Communications - Item 8.2 and Public Comment
Glanz - Received 2/21/2023
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Chapter 2.52
CAMPAIGN CONTRIBUTIONS*
2.52.010 Title and Purpose and intent.
A.Title. This chapter shall be known as the Chula Vista Campaign Contribution Ordinance.
B. Purpose. The general purpose of the Chula Vista Campaign Contribution Ordinance is is intended to
supplement the Political Reform Act of 1974 (California Government Code Sections 81000, et seq.) (the
“PRA”), and the implementing regulations adopted by the Fair Political Practices Commission (the “FPPC”)
(see California Code of Regulations, Title 2, Division 6, Sections 18110 through 18997) in order to:. All local
cCandidates should be aware that they must comply with this chapter, as well as the PRA and the FPPC
regulations, when participating in a local election campaign.
Sections 81013 and 85703(a) of the PRA authorize the City Council to adopt contribution limitations and
prohibitions applicable to elections for local elective office. In enacting this chapter, the City Council finds and
declares that moderate monetary contributions to political campaigns are a legitimate form of participation in
the American political process. It is the policy of this City to protect the integrity of the City’s electoral
process, and to serve the best interests of the citizens of this City by regulating enacting campaign finance rules
governing donors and Candidates for City Elective Offices.
C.Applicability. The terms of this chapter are applicable to any contribution made to a Candidate or
Candidate-controlled committee whether used by the Candidate to finance a current campaign or to pay debts
incurred in prior campaigns.
Inherent in the high cost of election campaigning is the problem of improper influence, real or potential,
exercised by campaign contributors over elected officials. It is the purpose and intent of the City Council in
enacting this chapter:
A. To preserve an orderly political forum in which individuals may express themselves effectively;
B. To place realistic and enforceable limits on the amounts of money that may be contributed to political
campaigns in City elections;
C. To prevent corruption and avoid the appearance of corruption by regulating campaign contributions to
cCandidates for local elective office;
D. To provide full and fair enforcement of all the provisions of this chapter; and
Commented [KB1]: For reference, FPPC has links to city-
adopted campaign ordinances at:
https://www.fppc.ca.gov/learn/campaign-rules/local-
campaign-ordinances.html.
Commented [GRG22]: Moved up from below. Works
better here.
Item 12.1
Additional Information
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E. To encourage cCandidate adherence to election regulations by making them easier to understand.
2.52.020 Relationship to State LawInterpretation of this chapter.
A.This chapter shall supplement, not replace, the Political Reform Act of 1974 (California Government Code
Sections 81000, et seq.) (the “PRA”), and the implementing regulations adopted by the Fair Political Practices
Commission (the “FPPC”) (see California Code of Regulations, Title 2, Division 6. Donors and Candidates
for City Elected Offices, therefore, must comply with both the requirements of the PRA and the requirements
of this chapter. However, to the extent of any conflict between the terms of this Chapter and the terms of the
PRA, the terms of this Chapter shall govern to the maximum extent allowed by law. The terms and phrases
in this chapter shall have the same definitions given to them in the PRA (see California Government Code
Sections 82000 through 82054) and the FPPC regulations, unless otherwise specified in this chapter.
B. The terms of this chapter are applicable to any contribution made to a candidate or candidate-controlled
committee whether used by the candidate to finance a current campaign or to pay debts incurred in prior
campaigns.
C. Revisions to this chapter take effect on February 10, 2011, and are applicable to all cContributions
received by cCandidates seeking City eElective oOffice in any election which takes place after that the
effective date of the adopted ordinance, unless otherwise specified.
2.52.030 Definitions.
Unless otherwise defined in this Section, the terms and phrases used in this chapter shall have the same
definitions given to them in the PRA (see California Government Code Sections 82000 through 82054) and the
FPPC regulations.A.
“Agent” means a person who acts on behalf or aAt the bBehest of any other person or accepts a cContribution
on behalf of a cCandidate. If an individual acting as an aAgent is also acting as an employee or member of a
law, architectural, engineering or consulting firm, or a similar entity or corporation, both the entity or
corporation and the individual are “aAgents.”
B. “At the bBehest” means made under the control or at the direction of, in cooperation, consultation,
coordination, or concert with, at the request or suggestion of, or with the express prior consent of.
C. “Campaign cContribution aAccount” is that account in which all cContributions or loans made to the
cCandidate shall be deposited as required by Government Code Section 85201.
Commented [GRG23]: Important point: Local rules
supplement state laws, but are intended to supersede in the
event of any conflict to maximum extent legally allowed.
This will warrant further legal research to clarify and further
define, if necessary, this relationship.
Commented [GRG24]: This was moved to first Section,
above
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D. “Campaign sStatement” means the campaign statement required by the PRA (see California Government
Code Sections 84200, et seq.).
E. “Candidate” means any individual seeking any City eElective oOffice, the candidate’s campaign
committee, committee(s) controlled by the cCandidate, and aAgents of the cCandidate.
F. “City eElective oOffice” means the offices ofheld by the Mayor, members of the City Council, or the City
Attorney. The “same City eElective oOffice,” as that term is used in this chapter, means the specific seat held
by theoffice of the Mayor with respect to the Mayor’s seat, as defined bypursuant to Charter Section 300(C);
the specific seat held byoffice of the City Attorney with respect to the City Attorney’s seat; or, in the case of a
City Council memberseat, the specific City Council District seat numbered 1, 2, 3, or 4 held by the a City
Council member or campaigned for by a Candidate, or the numbered seat to which that a City Council member
or cCandidate for such office is may be reassigned as a result of redistricting. For example, if, during the
redistricting process, the district lines are redrawn such that the residence of the City Council member
representing and running for District 1 or a cCandidate running for District 1 becomes located within District
2, 3 or 4, the member’s or cCandidate’s District 1 seat, as the case may be, would be considered, for purposes
of this chapter, the “same City eElective oOffice” as the District 2, 3 or 4 seat so re-assigned.
G. “Contribution” is defined in a manner identical with the definition found in Government Code Section
82015, contained within the Political Reform Act, and any related provisions in the California Code of
Regulations.
“Contribution Limit” is defined as the maximum allowed contribution from a Person, Political Party
Committee [or Organization] for any Single Election Contest as provide under CVMC 2.52.040.D.
H. “Enforcement aAuthority,” under this chapter, means that special counsel appointed by the City Attorney
pursuant to CVMC 2.52.140.
“Filer” is any elected officer, Candidate, committee, or other Person required to file Campaign Statements,
reports or other documents.
“FPPC Form” is any FPPC-developed Campaign Form in the 400 Series, including but not limited to Form
460, 470, 496, 497.
I. “General eElection” is that election identified by Charter Section 900901(B) as a “general municipal
election.”, which is combined with the state primary election.
J. “Organization” means a proprietorship, labor union, firm, partnership, joint venture, syndicate, business,
trust, company, corporation, association, or committee, including a political action committee. “Organization”
does not include pPolitical pParty cCommittees, as that term is defined in California Government Code Section
85205.
“Outstanding Net Debts” is defined in CVMC Section 2.52.050, below.
Commented [GRG25]: Revised to cross-reference post
Measure K Charter
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K. “Person” means a natural individual.
“Political Party Committee” is as defined in California Government Code Section 85205.
L. “Political Reform Act” or “PRA” means the California Political Reform Act of 1974, as amended, found at
Government Code Section 81000, et seq., and includes regulations adopted by the Fair Political Practices
Commission.
“Primary Election” is that election identified by Charter Section 901(A) as a “primary municipal election.”
M. “Single election Election contestContest” means the election contest scheduled for any one of the
following types of elections, each being a “Single Election Contest”: a Primary Election, either a gGeneral
Election or a sSpecial eElection .
N. “Special Municipal eElection” is as defined in Charter Section 901901(C).
“Written Solicitation” means any writing, whether physical or electronic, soliciting, either directly or
indirectly, a Contribution to a Candidate. “Written Solicitation” includes, but is not limited to, printed
materials, websites, social media, and printed or electronic advertisements.
2.52.040 Campaign cContributions ; Dollar Llimitations; [Contributions from
Organizations Prohibited] limits.
A. Limitations on Contributions by Persons. No pPerson, other than a cCandidate, shall make a cContribution
in excess of $360.00 to a candidate for a single election contest. Nand no cCandidate shall solicit or accept a
cContribution in excess of $410.00 from a pPerson for a single Single election Election contestContest. A
candidate may receive up to $360.00 from a person in each of the general and special elections. The
Ccontribution Llimit in this subsection shall be subject to increase as provided in CVMC 2.52.040. below.
adjusted biannually pursuant to subsection (D) of this section.
B. Limitations on Contributions by Political Party Committees. No pPolitical pParty cCommittee, as that
term is defined in California Government Code Section 85205, shall make a cContribution in excess of $1,240
to a candidate for a single election contest. Nand no cCandidate shall solicit or accept a cContribution in excess
of $1,410 from a pPolitical pParty cCommittee for a sSingle eElection cContest. A candidate may receive up to
$1,240 from a political party committee in each of the general and special elections. The Ccontribution Llimit
in this subsection shall be subject to increase as provided in Section 2.52.043, below, or as may be required by
law. adjusted biannually pursuant to subsection (D) of this section.
C. Prohibition on Contributions by Organizations. No oOrganization shall make a cContribution to any
cCandidate or cCandidate-controlled campaign committee. This chapter shall not apply to contributions made
to a committee that is organized solely for the purpose of supporting or opposing the qualification for the ballot
Commented [GRG26]: Added to cross-reference post
Measure K Charter
Commented [GRG27]: Revised to cross-reference post
Measure K Charter
Commented [GRG28]: Major policy question. These
limits have not been revisited for some time and may be out
of date (in other words, far too low) for a City of Chula
Vista’s size. If limits were raised, arguably more of the
money involved in local campaigns could be tracked (as
compared to to money contributed to Independent
Expenditure Committees). On the other hand, with
recently passed SB 1439 (effective January 1, 2023) making
campaign contributions to local candidates in excess of $250
“financial interests” requiring their recusal when a donor
matter comes before them within 12 months before or after
the donation, an argument could be made that $250 is the
right amount in order to avoid the creation of legal conflicts.
Commented [GRG29]: See policy discussion regarding
“Organizations” below
Commented [GRG210]: Confirm this is the latest
number.
Commented [GRG211]: Per Kerry: This may need to be
updated per 2012 Thalheimer decision (2012 WL 177414);
need some factual information related to prior elections to
conduct 5-step balancing test. I added possible
adjustment “as may be required by law” language, but still
need the analysis of whatever this may be reset at.
Commented [GRG212]: Whether or not to maintain this
prohibition on donations by “Organizations” is a policy
decision. Some local jurisdictions that regulate in this area
do allow within parameters, e.g. ________________ TO DO:
Find and give example(s).
Commented [KB13R12]: For research purposes,
California city-adopted ordinances can be found here:
https://www.fppc.ca.gov/learn/campaign-rules/local-
campaign-ordinances.html.
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or adoption of one or more City measures. All contributions made by a pPerson whose contribution activity is
financed, maintained or controlled by an oOrganization or any other pPerson shall be deemed to be made by
that oOrganization or other pPerson and shall also be prohibited under this Section. If the cContribution is
deemed made by an oOrganization, it is prohibited.
D. Adjustments. The Contribution Limits set forth in this section shall be adjusted every odd-numbered year.
The City Clerk shall adjust the Contribution Limits to reflect any changes in the Consumer Price Index for the
San Diego area for the two-year period ending on December 31st of the previous year. Adjustments shall be
rounded to the nearest $10.00. The City Clerk shall publish a public notice of any adjustments by March 1st of
each odd-numbered year, or as soon after as practicable, following the Bureau of Labor Statistics’ release of
the applicable Consumer Price Index data. The adjustments shall go into effect as soon as the public notice is
published but shall apply only to elections held in subsequent years. The adjustments shall not be construed to
raise the contribution limits applicable to past elections or to Special Elections held in the same year the limits
are adjusted.
E. Expenditures. The contribution limitations of thisimposed by this section are not limitations on expenditures
and shall not be construed to limit the expenditures by any Candidate, Person or committee.
The contribution limits set forth in this section shall be adjusted every odd-numbered year, starting in 2013.
The City Clerk shall adjust the contribution limits to reflect any changes in the Consumer Price Index for the
San Diego area for the two-year period ending on December 31st of the previous year. Adjustments shall be
rounded to the nearest $10.00. The City Clerk shall publish a public notice of any adjustments by March 1st of
each odd-numbered year, or as soon after as practicable, following the Bureau of Labor Statistics’ release of
the applicable Consumer Price Index data. The adjustments shall go into effect as soon as the public notice is
published but shall apply only to elections held in subsequent years. The adjustments shall not be construed to
raise the contribution limits applicable to past elections or to sSpecial eElections held in the same year that the
limits are adjusted.
2.52.045 Time period for accepting contributions; Rules for Elections with multiple
“Single Election Contests” E.
A. Starting Date for Acceptance of Contributions. No pPerson or Political Party Committee shall make a
contribution to any cCandidate and no such cCandidate shall accept from any pPerson or Political Party
Committee such a contribution sooner than the first day of the 11th months preceding a sSingle eElection
cContest.
FB. Contributions After an Election. A cContribution for an election may be accepted by a cCandidate after
the date of the election only to the extent that the cContribution does not exceed a Candidate’s Outstanding Net
Debtsnet debts outstanding from the for that election, as provided in CVMC Section 2.52.050, below, and the
cContribution does not otherwise exceed the applicable contribution limit for that election.
Commented [GRG214]: Policy question: should the
mechanism, frequency or amount of adjustment be
modified?
Commented [KB15]: Our current practice is for me to
adjust the limits and publish the notice, but then we take an
ordinance to Council to codify the most updated numbers.
We had talked about incorporating the codification process
into the code.
Commented [GRG216]: Clarify meaning/define term. I
am assuming this applies to IECs and maybe this term is
defined under the PRA. Need to research and pin down.
Commented [KB17]: Moved from “I” below
Commented [GRG218]: Not deleted, but tweaked and
moved above as new subsection D.
Commented [GRG219]: Drafting issue: We need to
address the nomenclature and language applicable to
Special Elections that have the equivalent of “Primary” and
“General” election components
Commented [GRG220]: Policy question: Is this the
right time period? Idea with the provision is to (1) attempt
to “level the field” for candidates challenging incumbents,
and (2) avoid having incumbents raising money throughout
their entire term in office.
Commented [GRG221]: Consider re-ordering this
subsection to switch places between B and C
Commented [GRG222]: Mayor policy question: Council
may want to consider limiting the time period after an
election, at least for the prevailing candidate, that
candidates can continue to solicit and receive campaign
contributions. This way, while serving during their turns,
elected officials are not also engaged in campaign fund-
raising activities that may create the reality, or at least
perception, of conflicts of interest. See also the comment
and policy question raised with respect to the possible
obligatory time period to repay loans after an election
(CVMC Section 2.52.050.D, below)
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GC. No Solicitations for a General Election Until Primary Election is Held. A cCandidate may not solicit or
accept contributions for a General special Eelection prior to the holding of the general election Primary
Election for that office. If a Primary Election is canceled because fewer than three qualified Candidates filed
nomination papers for that election, a Candidate may begin soliciting and accepting additional Contributions
for the General Election once the City Council takes action to cancel the Primary Election.
2.52.047 Carry over of Contributions
H. A. From a Primary Election to a General Election. A cCandidate may carry over cContributions raised in
connection with one a Primary eElection for City eElective oOffice to pay campaign expenditures incurred in
connection with a subsequent General Election election for the same City eElective oOffice.
B. Redistricting. If, as a result of redistricting, a cCandidate’s residence is assigned to a different district, the
cCandidate may carry over cContributions raised prior to City Council approval of the new district map to pay
expenditures in connection with campaigning for election to the newly assigned district seat; provided,
however, if the election for the newly assigned district seat will be held at the subsequent election cycle, the
cCandidate choosing to carry over cContributions raised to fund campaign activities for such subsequent
election must discontinue any and all fundraising activities immediately upon City Council approval of the
new district map creating re-assignment until fundraising for such subsequent election contest is authorized as
provided in subsection (E) of this section.
I. The contribution limitations of this section are not limitations on expenditures and shall not be construed to
limit the expenditures by any candidate, person or committee.
2.52.050 Loans and outstanding debt.
A. Personal Loan from the Candidate; limitation . A cCandidate shall not personally loan funds to his or her
their campaign funds, with the intent to receive repayment of those funds, an aggregate amount in excess of the
aggregate amount of $5,000 for a sSingle eElection cContest.
B. Loan from Others
1. In General. A Except as provided in subsection 2., below, a loan or extension of credit from a third
party Person or Organization made for the purpose of, or used by a Candidate for, funding such
Candidate’s campaign activities shall be considered a cContribution from the such maker of the loan or
extender of credit and shall be subject to the cContribution limit of $360.00 per person, pursuanspecified
int to CVMC 2.52.040(A).
2. Exception; Loan by Candidate from Commercial Lending Institution. The $360.00 contribution limit
does not apply to loans made to a cCandidate for the purpose of a campaign by himself or herself or by a
Commented [GRG223]: This Section has been updated
to reflect the revised election nomenclature contained in
the post Measure K Charter provisions governing elections
(Article IX). A policy issue for consideration is whether or
not this section should be modified in light of previous
Charter changes making a General Election “run-off”
following the primary guaranteed with no ability now to win
“outright” in the Primary.
Commented [GRG224]: Drafting issue: Same issue
identified above: We need to address the nomenclature and
language applicable to Special Elections that have the
equivalent of “Primary” and “General” election components
Commented [KB25]: The PRA provides different rules for
carrying over contributions. Not sure if it should be clarified
here that those rules do not apply (the Gov Code says they
do not, but treasurers get confused between state law and
local ordinances). See GOV 85317 and FPPC reg 18537.1.
Also not sure if we want to address surplus funds (either
that they follow state law or otherwise). See reg 18951 and
GOV 89519
Commented [GRG226R25]: Major policy issue: If the
City wants to prohibit funds raised in a non-City of Chula
Vista election contests from being “carried forward” and
used in a Chula Vista City elections this ordinance needs to
be updated to expressly say so. This is fairly perceived as a
huge loophole in our local rules. If this form a carry
forward is permitted, this gives candidates with existing
campaign funds, that may have been raised during
campaigns with no applicable contribution limits or much
higher contribution limits, a major advantage over others
without such funds, and imposes little or no accountability
as to the donors who provided such funds.
Commented [KB27]: Moved to .040(D)
Commented [GRG228]: Policy question. Should this
amount be adjusted?
Commented [GRG229]: Discuss. This
requirement/limitation could be challenging to track for
purposes of holding Candidates accountable. Might
consider adding to the “purpose of campaign activities”
concept that ANY personal loan made during a time period
when campaign contributions are allowed will be presumed
to be used by the Candidate for campaign purposes unless
the candidate can demonstrate otherwise (e.g. a directly
tied or directed use of the loan proceeds to a specific “non-
campaign” purpose).
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commercial lending institution in the lender’s regular course of business on terms available to members of
the general public for which the Ccandidate is personally liable.
C. Special rules for Debts Owed to Campaign Consultants and Vendors.
To be Determined
D. Repayment of Loans.
To be Determined
2.52.060 Notice regarding personal funds.
A. General. This section shall apply to If a cCandidate who spends or contributes personal funds of more than
$5,000 aggregate, in connection with a campaign for a sSingle eElection cContest., a candidate shall do all of
the following.:
AB. Required Written Notice Required. Prior to spending or contributing the personal funds in excess of
$5,000 , the cCandidate shall provide written notice of the cCandidate’s intent to spend or contribute more than
$5,000 of personal funds to the City Clerk and all opponent candidates. The notice shall also provide the
amount and the date the personal funds shall be deposited into the cCandidate’s cCampaign cContribution
aAccount, as required by CVMC 2.52.070.
C. Notice Required for Separate Deposits. Separate notice is also required for every separate deposit of
personal funds of any amount that is a cContribution from a cCandidate to his or hertheir campaign once the
cCandidate has spent or contributed more than $5,000 in personal funds in connection with the campaign for a
sSingle eElection cContest.
D. Method of Delivery. The notice shall be delivered personally or sent by registered mail to the last known
address of the opponent candidates as shown in the records of the City Clerk and shall specify the amount of
personal funds intended to be expended or contributed. The notice shall also provide the date the personal
funds shall be deposited into the candidate’s campaign contribution account, as required by CVMC 2.52.070.
Separate notice is also required for every separate deposit of personal funds of any amount that is a
contribution from a candidate to his or her campaign once the candidate has spent or contributed more than
$5,000 in personal funds in connection with the campaign for a single election contest.
B. The required notice shall be given no later than 21 days prior to the election, unless the expenditure or
contribution occurs during the 21 days preceding the election, in which case the required notice shall be
provided 24 hours prior to deposit into the candidate’s campaign contribution account.
Commented [GRG230]: Mayor Policy Issue: Another
fairly perceived “loophole” to the City’s local rules is the
extent to which a Candidate can incur “debt” through
payment terms and extensions of credit with campaign
consultants and vendors providing campaign services.
Should contract terms for payment govern, or should City
rules recharacterize “credit extensions” on its own terms for
purposes of recharacterizing such extensions subject to
recharacterization of such amounts as “Campaign
Contributions” subject to the contribution limits within the
ordinance. Review of state law required to determine the
extent to which the City may want to regulate in this area.
Commented [GRG231]: Mayor Policy Issue: Along with
potentially limited the post-election time period for raising
funds to repay debt (See comment to CVMC Section
2.52.045.B, above) the City Council might consider imposing
a requirement that campaign debt be retired within a
certain period of time following an election. Note:
additional legal research required. This could create
undue hardship. Also, research what other jurisdictions
may have such provisions.
Commented [KB32]: Clarifications needed from past
experience:
- How much time “prior” to spending or contributing is
notice required?
-Does the candidate have to specify an exact amount or is
“more than $5k” sufficient?
-What if a candidate does not contribute the noticed
amount?
-Suggest considering an email requirement in addition to
mail
-What if recipient declines to receive the notice?
-Is the notice still required if the contribution is made
after the election – if so, can that be clarified?
Commented [KB33]: Is this needed? Subsection A (B, as
revised) requires that the candidate notify opponents
*prior* to contributing/expending funds. It appears this
might be a carryover provision from <2004.
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2.52.070 Campaign contribution account.
The campaign contribution account required by Government Code Section 85201(a) shall be established at a
financial institution located in San Diego County. (Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007).
2.52.090 Return of prohibited cContributions.
If a cContribution is tendered and would be in violation of this chapter, it shall be returned by the cCandidate
to the contributor within 60 days of receipt by the cCandidate.
2.52.100 Written solicitations by cCandidates.
A. Notice Required on Written Solicitations. Any cCandidate making a wWritten sSolicitation for a
cContribution for his or her campaign for City eElective oOffice shall include the following written notice in
no less than sixeight-point type on each such solicitation:
NOTICE
The City of Chula Vista Municipal Code limits contributions to campaigns for City elective office to [three hundred
sixtyinsert the current limit pursuant to CVMC 2.52.040(A)] dollars per person.*
B. Additional Notice Required if Redistricting Pending. During any campaign cycle where redistricting is
pending City Councilmember candidate materials soliciting campaign funds shall also contain the following
statement:
City campaign rules allow this candidate to transfer funds to a different Council district election contest, or carry over
funds to a future Council election contest, in the event redistricting results in the re-assignment of such candidate to a
different Council District seat.
* The dollar amount to be included in this notice shall be amended biannually to reflect any CPI adjustment to the contribution
limit made pursuant to CVMC 2.52.040(D).
Commented [KB34]: Can we delete to default to State
law, which requires it be established in California? GC
85201. This comes up regularly.
Commented [KB35]: 6-point is really small. Most FPPC
minimums are 8- or 10-point, or “easily readable.” Perhaps
we consider increasing? The actual notice below in this
document is 9 pt.
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2.52.120 Contributions for legal defense.
Notwithstanding anything contained herein to the contrary, a payment to or for the benefit of one holding a
City Elective Office a Councilmember, Mayor, or a cCandidate made and used for the express purpose of
offsetting costs already incurred by that Councilmember, Mayor,office holder or cCandidate in the defense of a
criminal or administrative prosecutorial action, or other legal action relating to an election contest, against said
Councilmember, Mayor,office holder or cCandidate and not made or used for the purpose of aiding in the
election of said Councilmember, Mayor, City Attorney, or cCandidate, and not made within (before or after)
100 days of an election in which the Councilmember, Mayor, office holder or cCandidate is competing for a
seat or office, shall not be deemed to be a cContribution for the purposes of this chapter.
2.52.125 Electronic filing of campaign disclosure statements.
A. General.
1. Any elected officer, cCandidate, committee, or other pPerson (“Filers”) required to file Campaign
sStatements, reports or other documents (“statements”)FPPC Forms (“Statements”) as required by
Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) (“filers”) may
shall file such sStatements using the City Clerk’s online system according to procedures established by
the City Clerk (the “pProcedures”), unless the Filer is exempt from electronic filing under California
Government Code section 84615, as may be amended from time to time. This online filing requirement
shall become mandatory beginning July 1, 2017.
2. The City Clerk shall have the authority to establish and amend the proceduresProcedures, as
necessary, to accomplish the following:
a. Ensure that the online system complies with the requirements set forth in Section 84615 of the
Government Code, as may be amended from time to time;
b. Meet the purpose and intent of this section and comply with other applicable law;
c. Ensure the integrity of the data transmitted and include safeguards against efforts to tamper with,
manipulate, alter, or subvert the data.
3. Online filingsStatements filed online made under this chapter will only be accepted if made in the
standardized record format that is developed by the California Secretary of State pursuant to Section
84602(a)(2) of the California Government Code, as may be amended from time to time, and that is
compatible with the Secretary of State’s system for receiving an online or electronic filingStatement.
B. Procedures for Utilizing Online Filing.
Commented [GRG236]: The existing language appears
too narrow and does not track State law. At least
challenges to election outcomes should be included.
Presents both policy and legal issues. Further research
may be necessary.
Commented [KB37]: I have an “exceptions” policy for
those times where e-filing is not required (24-hour reports
when the person isn’t already a filer, some NetFile outage,
etc.). I think it’s sufficiently covered under here (Jill
previously reviewed the policy)—just pointing that out in
case you think additional language should be added.
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1. During the period commencing with the effective date of the ordinance codified in this section and
ending June 30, 2017, filers may choose to opt in to the electronic filing system by electronically filing a
statement that is required to be filed with the City Clerk pursuant to Chapter 4 of the Political Reform
Act. Once a filer has opted in, all subsequent statements by that filer shall be filed electronically. A filer
may opt out of the electronic filing system by filing an original statement in paper format with the City
Clerk. Once a filer has opted out, the filer shall file all original statements in paper format with the City
Clerk. From and after July 1, 2017, electronic filing is mandatory for all filers, unless the filer is exempt
under California Government Code Section 84615, as may be amended from time to time. A filer so
exempt may continue to opt in or opt out as described in this section.
24. Any fFiler who has electronically filed a sStatement using the City Clerk’s online system is not
required to file a copy of that document in paper format with the City Clerk.
2.52.130 Duties of City Clerk.
In addition to other duties required of the City Clerk under the terms of this chapter and the City Charter, the
Clerk shall:
A. Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission.
These forms and manuals shall be furnished to all candidates and committees, and to all other persons required
to report.
B. Determine whether required documents have been filed and, if so, whether they conform on their face with
the requirements of state law.
C. Notify promptly all persons and known committees who have failed to file a document in the form and at
the time required by state law.
D. Report alleged violations of this chapter filed pursuant to CVMC 2.52.140(E) and applicable state law to
the enforcement authority.
E. Compile and maintain a current list of all statements or parts of statements filed with the City Clerk’s
office pertaining to each candidate and each measure.
F. Cooperate with the enforcement authority in the performance of the duties of the enforcement authority as
prescribed in this chapter and applicable state laws.
Commented [KB38]: These are already all provided (and
expanded upon) in this chapter, Gov 81010, or FPPC reg
18110.
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2.52.140 Enforcement; Enforcement Authority.
A. General. The City Attorney shall not act as the eEnforcement aAuthority as to alleged violations of this
chapter, but shall defend the constitutionality and legality of this chapter in any civil proceeding in which the
City or the City Council is a party.
B. The eEnforcement aAuthority, as defined by this chapter, or the District Attorney shall investigate or
prosecute alleged violations of this chapter.
CB. Timing of Selection. The Board of Ethics shall solicit proposals from attorneys in accordance with
Section 503 of the City Charter and Chapter 2.56 CVMC to act as the eEnforcement aAuthority 11 months
prior to a gGeneral eElection.
D. C. Appointment of Panel. The Board of Ethics shall appoint a panel of no less than three attorneys to act as
the eEnforcement aAuthority. These attorneys shall be compensated by the City for work performed pursuant
to this chapter. Should the appointment of additional special counsel become necessary or appropriate, the
Board of Ethics shall appoint such additional special counsel as may be required.
D. Rotation of Assignments. A single member of the special counsel panel will be assigned to each case
complaint by the City Attorney, or the City Clerk in the event that the City Attorney is the subject of the
complaint. Assignments will be made on a rotating basis.
E. Immunity to Liability. Special counsel, serving as the Enforcement Authority, shall be immune to liability
for enforcement of this chapter.
2.52.143 Enforcement; Complaint Submittal
E. Complaints of violations of this chapter shall be: in writing; sworn under penalty of perjury by the
complainant, who shall be a resident of the City; accompanied by proof that the complainant is a resident of
the City; and submitted to the City Clerk. The complaint shall state a full recitation of all facts that are alleged
to constitute a violation of this chapter. If a complaint does not comply with these requirements, the City Clerk
shall return notifythe complaint to the complainant, with an explanation as to why it is insufficient for filing
and allow 10 calendar days to cure the defect. If the defect is not cured in the prescribed timeframe, the case
shall be considered closed.
2.52.145 Enforcement; Complaint ProcessingF.
A. Subject of Complaint; Opportunity to Respond. If the complaint meets the requirements of subsection E.,
above, tThe City Clerk shall provide a copy of the complaint to the subject of the complaint within two
working days. The subject of the complaint shall have five working days to provide the City Clerk with a
Commented [GRG239]: This entire Section and process
should be discussed with the City’s past and existing
Enforcement Authority lawyers to determine what
improvements could/should be made. There is probably
both too much and too little detail here, with a number of
issues perhaps better dealt with using Administrative
regulations. Some issues to address include: extent of
allowed communications among the Enforcement Authority
lawyers and with City Atty staff; forms and criteria for
making rulings and imposing penalties; time periods for
responses; subpoena powers, appeal rights, etc.
Commented [GRG240]: Discuss City Clerk role to make
all assignments, with specified criteria for the initial
selection and rotation
Commented [KB41]: Moved from letter “I” below.
Commented [KB42]: Add some time to allow the
submitter to correct the error. Instead of “return the
complaint,” perhaps “notify the complainant of
insufficiency.”
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written response, including evidence of any corrective action taken in response to the complaint, if any. The
response, if submitted, shall be signed under penalty of perjury.
B. Submittal to Enforcement Authority. The City Clerk shall forward the complaint and any written response
received to the eEnforcement aAuthority within five ten working days of receipt for a probable cause
determination.
C. Probable Cause Determination.The enforcement authority shall make a probable cause determination
within 30 calendar days of receiving the complaint.
G. If probable cause is determined to exist, tThe Enforcement aAuthority shall make a prima facie probable
cause determination and shall notify the City Clerk, City Attorney, and Interested Parties of its determination
within 30 calendar days of receiving the complaint.
1. Probable Cause; Knowing or Willful Violation. If the eEnforcement aAuthority determines that
probable cause exists to find that there was a knowing or willful violation of this chapter, the City
Attorney shall forward the complaint to the District Attorney for further handling. However, if the
City Attorney is the subject of the complaint, the duties of the City Attorney under this section shall be
handled by the City Clerk. Violations of this chapter that are forwarded to the District Attorney for
handling shall not be subject to further action by the Enforcement Authority
2. Probable Cause; Negligent Violation. If the eEnforcement aAuthority determines that probable
cause exists to find that there was a negligent violation of this chapter, the City Attorney Clerk shall
forward the complaint to the special counsel who is next in the rotation of panel counsel to act as the
eEnforcement aAuthority and take further investigatory and procedural steps necessary to resolve the
matter.
D. Negligent Violation; Enforcement Authority Handling
1. Enforcement Authority Duties. However, if the City Attorney is the subject of the complaint, the
duties of the City Attorney under this section shall be handled by the City Clerk.
H. Violations of this chapter that are forwarded to the District Attorney for handling shall not be
subject to further action by the enforcement authority. Violations of this chapter that are not forwarded
to the District Attorney for handling but, rather, are forwarded to the next panel counsel for further
investigation pursuant to subsection (GC) of this section may be pursued by the eEnforcement
aAuthority either through a civil or administrative action. The eEnforcement aAuthority may also
commence and prosecute any necessary administrative proceedings or civil litigation to compel
compliance with this chapter. No enforcement of prosecution or action by the eEnforcement
aAuthority shall be subject to the review or control of the City Attorney or City Council.
I. The special counsel, serving as the eEnforcement aAuthority, may investigate and may institute
legal action to prevent further violations. The Enforcement Authority shall notify the City Clerk,
Commented [KB43]: In practice, this is the City Clerk.
Commented [KB44]: I think there was a lot of confusion
on the part of the enforcement authorities as to how to
resolve the matter. Not sure if this would be addressed in
the ordinance or in some kind of staff-created
procedures/training that might be provided to them.
Commented [KB45]: Should a timeline be established?
Or progress reports at 30-60 days? What if the subject of
the complaint is non-responsive?
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City Attorney, and Interested Parties of upon conclusion of the Enforcement Authority’s final
determination.
2. Violations of State Law. If the allegation contained in the complaint is also a violation of state law,
the special counsel shall not investigate but, rather, shall forward the complaint to the Fair Political
Practices Commission, or other appropriate state agency.
J3. Criminal Prosecution. . Criminal prosecution for violations of this chapter must be commenced
within one year after the date on which the violation occurred.
4. Civil Prosecution. K. Civil prosecution for violation of this chapter must be commenced within
four years after the date on which the violation occurred. No administrative action alleging a violation
of any of the provisions of this chapter shall be commenced more than four years after the date on
which the violation occurred. If the person alleged to have violated a provision of this chapter engages
in the fraudulent concealment of his or her acts or identity, the four-year period for civil and
administrative actions shall be tolled for the period of concealment. For purposes of this subdivision,
“fraudulent concealment” means the person knows of material facts related to his or her duties under
this chapter and knowingly conceals them in performing or omitting to perform those duties, for the
purpose of defrauding the public of information to which it is entitled under this title.
L. Special counsel, serving as the enforcement authority, shall be immune to liability for enforcement of this
chapter.
ML. No Violation Found. If the eEnforcement aAuthority or District Attorney determines that no violation
occurred, the eEnforcement aAuthority shall review the complaint and, if necessary, conduct further
investigation to determine if there is probable cause to find that the complainant committed perjury. If such
probable cause exists, the eEnforcement aAuthority shall forward the complaint to the District Attorney for
prosecution for perjury.
M. Appeal.
To be determined
2.52.150 Penalties.
A. Misdemeanor. Any pPerson who knowingly or willfully violates any provision of this chapter; who
knowingly or willfully causes, solicits, advises, or participates with any other pPerson to violate any provision
of this chapter; or who knowingly or willfully aids and abets any other pPerson in the violation of this chapter
shall be guilty of a misdemeanor.
Commented [KB46]: Moved to .140
Commented [GRG247]: Legal/policy issue: Under what
circumstances, and to whom, should administrative appeals
be allowed?
Commented [KB48]: Wondering if this makes more sense
to incorporate in the above sections about handling and
outcomes?
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B. Penalties.
1. Any pPerson who negligently violates any provision of this chapter shall be liable in a civil or
administrative action brought by the eEnforcement aAuthority for an amount not more than $500.00 per
violation, and shall be required to correct the violation.
2. Any pPerson who intentionally violates any provision of this chapter, causes any other pPerson to
violate any provision of this chapter, or intentionally files a false complaint under this chapter shall be
liable in a civil administrative action brought by the eEnforcement aAuthority for a maximum of $1,000
per violation, or per false complaint filed.
3. Any amounts paid pursuant to this section shall be used to offset the costs of enforcing this chapter.
4. If it is determined by the District Attorney that the complainant committed perjury in filing the
complaint, the complainant may be liable, in addition to any criminal penalties, for damages in the
amount of fees, costs and other amounts suffered or incurred as a result of, or arising out of the filing of,
such complaint.
C. Applicability. This section shall apply only to pPersons who have filing or reporting obligations under this
chapter or the Political Reform Act, or who are compensated for services involving the planning, organization,
or directing of any activity regulated or required by this chapter or the Political Reform Act, or anyone who is
determined by the District Attorney to have committed perjury in filing a complaint under this chapter.
D. Whether or not a violation is inadvertent, negligent, or deliberate, and the presence or absence of good
faith, shall be considered in applying the remedies and sanctions of this chapter. Further, in determining the
amount of civil liability, the court may take into account the seriousness of the violation and the degree of
culpability of the defendant. If a judgment is entered, the funds recovered shall be deposited into the City’s
general fund.
2.52.160 Advisory Opinions Process.
Any Person may seek an advisory opinion from the City Attorney regarding the interpretation and application
of this Chapter. Such opinion may be sought by submission of a written request to the City Clerk, which will
be forwarded to the City Attorney for response. Any opinion issued by the City Attorney shall be advisory
only and shall not be constitute legal advice, or insulation from legal action.
2.52.160 Severability.
If any provision of this chapter, or the application of any such provision to any person or circumstances, shall
be held invalid, the remainder of this chapter to the extent it can be given effect, or the application of those
Commented [GRG249]: Discuss if this is an adequate
penalty amount. Seems low.
Commented [GRG250]: Discuss if this is an adequate
penalty amount. Seems low.
Commented [GRG251]: Proposed by GRG: think this
concept is important but needs to be fleshed out. There
should be somewhere Candidates can turn for guidance
without having the only option for resolution the filing by an
opponent or citizen of a complaint.
Commented [KB52]: Severability is no longer codified.
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provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected
thereby, and to this end the provisions of this chapter are severable.
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