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2024/01/23 Post Agenda Packet
Date:Tuesday, January 23, 2024, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA REGULAR CITY COUNCIL AND SPECIAL HOUSING AUTHORITY MEETING **REVISED 1/19/2024** Notice is hereby given that the Mayor has called and will convene a special meeting of the Housing Authority meeting jointly with the City Council at the time and location stated on this agenda. Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only). Free Spanish interpretation is available on-site. _______________________________________________________________________________________ In-Person Public Comments: Submit a request to speak to City Clerk staff at the meeting. Electronic Public Comments: At chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." eComments are accepted until comments on the item are concluded. You may also email cityclerk@chulavistaca.gov. Watch Live or Recorded (English and Spanish): Visit chulavistaca.gov/councilmeetings. Click "ES" at the bottom to switch to Spanish. Closed captioning is available in both languages. Accessibility: In compliance with the American Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made. Gov. Code § 84308: Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "G.C. § 84308: Yes" on this agenda indicates that the item is subject to these regulations. Full Agenda Packet: The full agenda packet, including staff reports, draft resolutions and ordinances, and other backup materials, is available at chulavistaca.gov/councilmeetings or the City Clerk's Office. Speaker Time Limits: The time allotted for speakers may be adjusted by the Presiding Officer. - Five minutes* for items on the agenda - Three minutes* for matters not on the agenda - A group 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 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 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. Before the vote, there is no separate discussion of these items unless Councilmembers, staff, or the public request items be removed. Removed items are discussed after the vote on the remaining consent calendar items. Public Comment provides an opportunity to address the City Council on any matter not listed on the agenda that is within the jurisdiction of the City Council. Under the Brown Act, the City Council cannot take action on matters not listed on the agenda. Public Hearings are held on matters specifically required by law. Following presentations from staff, if any, and questions from the Councilmembers, the Mayor opens the public hearing and asks for public comments. After public comments, the hearing is closed, and the City Council may discuss and take action. Action Items are items expected to cause discussion and/or action by the City Council but do not legally require a public hearing. Staff may make a presentation and Councilmembers may ask staff and the involved parties questions before the Mayor invites public input. Closed Session may only be attended by members of the City Council, support staff, and/or legal counsel. The common purpose of closed session is to avoid revealing confidential information that may prejudice the City's legal or negotiating position or compromise employees' privacy interests. Closed session may be held only in very limited circumstances as authorized by law. CITY COUNCIL ACTIONS: Resolutions are formal expressions of opinion or intention of the City Council and are usually effective immediately. Ordinances are laws adopted by the City Council. Ordinances usually amend, repeal, or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings and 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 January 23, 2024 Post Agenda Page 2 of 453 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.CONSENT CALENDAR (Items 4.1 through 4.5) All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration. RECOMMENDED ACTION: City Council approve the recommended action on the below consent calendar items. *4.1 Approve Meeting Minutes 8 RECOMMENDED ACTION: Approve the minutes dated: January 9, 2024 (Amended) and January 16, 2024 4.2 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. 4.3 Fund Appropriation: Appropriation of Successor Housing Agency Funds for the Homelessness Prevention Program and Development of a Landlord Incentive Program 25 Report Number: 24-0029 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No 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: City Council and Housing Authority adopt a resolution authorizing and appropriating the use of $100,000 for the Homelessness Prevention Program and $300,000 for a new Landlord Incentive Program using Successor Housing Agency Funds, and authorizing the City Manager/Housing Authority Director or designee to execute documents consistent with the proposed activities. (4/5 Vote Required) City of Chula Vista - City Council January 23, 2024 Post Agenda Page 3 of 453 4.4 Council Policy: Amend Council Policy 104-01 to Update the Order of Business at City Council Meetings 32 Report Number: 24-0040 Location: No specific geographic location Department: City Manager & City Attorney G.C. § 84308: No Environmental Notice: This 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 amending Council Policy 104-01 to update the order of business at City Council meetings. 4.5 Grant Award: Accept grant from the California Department of Justice for Tobacco Grant Program 39 Report Number: 23-0308 Location: No specific geographic location Department: Police G.C. § 84308: No 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 accepting $115,217 in grant funds from the California Department of Justice, appropriating said funds to the Police Grants Section of the State Grants Fund for the Tobacco Grant Program and authorizing the City Manager and Chief of Police to execute Memorandum of Understanding with the California Department of Justice. (4/5 Vote Required) 5.PUBLIC COMMENTS 47 The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 6.PUBLIC HEARINGS City of Chula Vista - City Council January 23, 2024 Post Agenda Page 4 of 453 6.1 Housing Annual Reporting: Federal Block Grant Programs Funding Priorities for Fiscal Year 2024/25 105 Report Number: 24-0005 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No 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. Under the National Environmental Policy Act (NEPA), the activity is exempt pursuant to Title 24, Part 58.34(a)(2)(3) of the Code of Federal Regulations. RECOMMENDED ACTION: Conduct the public hearing and accept the report. 6.2 Policy, General Plan, and Chula Vista Municipal Code Updates: Growth Management Policies, Public Facilities Financing Plans, and Development Services Department Appeal Procedures 127 Report Number: 24-0019 Location: Citywide Department: Development Services G.C. § 84308: Yes 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 1) Adopt a resolution amending the following: City’s Master Fee Schedule (General Planning Fees – Appeal filing fee); Chula Vista General Plan: Land Use Element, Housing Element, Environmental Element, and removal of the Growth Management Element; and the Chula Vista General Plan Implementation Plan 2) Place an Ordinance on first reading amending the following: Chula Vista Public Facilities Financing Plan Guidelines; Chula Vista Municipal Code: Title 1 (General Provisions), Title 9 (Public Peace, Morals, and Welfare), Title 10 (Vehicles and Traffic), Title 12 (Streets and Sidewalks), Title 15 (Buildings and Construction), Title 17 (Environmental Quality), Title 18 (Subdivisions), Title 19 (Planning and Zoning), Title 21 (Historic Preservation). (First Reading) City of Chula Vista - City Council January 23, 2024 Post Agenda Page 5 of 453 6.3 Summary Easement Vacation: Vacation of an Existing Easement for Street Purposes for the Design of a Cul-de-Sac and Acceptance of Grant of a New Public Access Easement at 517 Shinohara Lane Allowing for a Hammerhead Design for Emergency Vehicle Turnaround 369 Report Number: 24-0002 Location: 517 Shinohara Lane Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project was adequately covered in the previously certified Final Recirculated Mitigated Negative Declaration (IS21-0006; SCH #2022080431) for the Shinohara Business Center. RECOMMENDED ACTION: Conduct a public hearing and adopt a resolution (1) approving the summary vacation of an easement for street purposes for the design of a cul-de-sac and (2) accepting the grant of a new public access easement for a hammerhead design (consistent with City fire safety regulations and standards) at 517 Shinohara Lane. 7.ACTION ITEMS 7.1 Agreement: Approve an Agreement with TeamCivX to Provide Public Education on Measure P and the Development of a Potential Similar Ballot Measure 387 Report Number: 24-0042 Location: No specific geographic location Department: City Manager G.C. § 84308: Yes Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving an agreement with TeamCivX to provide public education on Measure P and the development of a potential similar ballot measure. 8.CITY MANAGER’S REPORTS 9.MAYOR’S REPORTS 10.COUNCILMEMBERS’ COMMENTS 11.CITY ATTORNEY'S REPORTS City of Chula Vista - City Council January 23, 2024 Post Agenda Page 6 of 453 11.1 Report out from January 9, 2024 Closed Session: Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-17713-CU-MC-CTL 12.CLOSED SESSION Announcements of actions taken in Closed Sessions shall be made available by noon on the next business day following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: Maria Eugenia Flores v. City of Chula Vista, San Diego Superior Court, Case No. 37-2023-00052249-CU-PA-CTL 13.ADJOURNMENT to the regular City Council meeting on February 13, 2024, 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 January 23, 2024 Post Agenda Page 7 of 453 AMENDED ACTION ON ITEM 12.1(B) City of Chula Vista Regular City Council Meeting MINUTES January 9, 2024, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann Also Present: Assistant City Manager Allen; Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney; City Clerk Bigelow; Deputy Director of City Clerk Services Turner Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:02 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Deputy Mayor Gonzalez 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office: Board of Ethics - Leslie Hurst Privacy Protection and Technology Advisory Commission - Guy Chambers - Robert Godinez - Susan Lake - Pati Ruiz - Devon Williams - Eric Wood City Clerk Bigelow administered the oaths of office, and Councilmember Chavez presented the certificates of appointment. Page 8 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 2 5. CONSENT CALENDAR (Items 5.1 through 5.12) Items 5.3, 5.6, 5.8 5.9, 5.10, and 5.12 were removed from the consent calendar at the request of a member of the public. Mayor McCann stated he would abstain from voting on Item 5.5 due to a potential property- related conflict of interest. Moved by Mayor McCann Seconded by Deputy Mayor Gonzalez To approve the recommended actions appearing below consent calendar Items 5.1, 5.2, 5.4, 5.7, and 5.11. The headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) 5.1 Approve Meeting Minutes Approval of the minutes dated: December 12, 2023. 5.2 Waive Reading of Text of Resolutions and Ordinances Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.4 Employee Compensation and Positions: Adopt an Ordinance Adding the Unclassified Position Title of Animal Care Facility Administrator Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 adding the unclassified position of Animal Care Facility Administrator (Second Reading and Adoption) (4/5 Vote Required) Item 5.4 heading: ORDINANCE NO. 3562 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF ANIMAL CARE FACILITY ADMINISTRATOR (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) 5.5 Agreement: Approve an Agreement with Raymond James & Associa tes, Inc. to Provide Underwriter Services Mayor McCann stated he would abstain from voting on the item due to a potential property-related conflict of interest. Moved by Mayor McCann Seconded by Deputy Mayor Gonzalez To adopt Resolution No. 2024-001 heading read, text waived. The motion was carried by the following vote: Page 9 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 3 Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, and Councilmember Preciado Abstain (1): Mayor McCann Result, Carried (4 to 0) Item 5.5 heading: RESOLUTION NO. 2024-001 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR UNDERWRITER SERVICES BETWEEN THE CITY AND RAYMOND JAMES & ASSOCIATES, INC. 5.7 Ambulance Transport Services: Approve Continued Participation in the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Adopt a resolution authorizing the City Manager to execute the PP -GEMT-IGT certification form to participate in the Public Provider Intergovernmental Transfer Program for Ground Emergency Medical Transportation Services and amending the Fiscal Year 2023-24 budget. (4/5 Vote Required) Item 5.7 heading: RESOLUTION NO. 2024-003 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PARTICIPATION IN THE PUBLIC PROVIDER GROUND EMERGENCY MEDICAL TRANSPORTATION INTERGOVERNMENTAL TRANSFER PROGRAM AND APPROPRIATING FUNDS ACCORDINGLY (4/5 VOTE REQUIRED) 5.11 Grant Award and Appropriation: Accept the Roy and Marian Holleman Foundation Grant to Renew Animal Care Resources and Appropriate Funds Adopt a resolution accepting $33,200 in grant funds from the Roy and Marian Holleman Foundation to provide animal care improvements at the Animal Care Facility and provide community resources aimed to prevent surrender and appropriating funds for that purpose. (4/5 Vote Required) Item 5.11 heading: RESOLUTION NO. 2024-008 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE ROY AND MARIAN HOLLEMAN FOUNDATION FOR SHELTER RESOURCES AND APPROPRIATING GRANT FUNDS (4/5 VOTE REQUIRED) ITEMS REMOVED FROM THE CONSENT CALENDAR 5.3 Public Participation: Adopt an Ordinance to Amend the Chula Vista Municipal Code to Revise and Implement Regulations for the Orderly Conduct of Public Meetings The following members of the public spoke in opposition to the item: Alan C. Andres Wong Gina E. Lillie Page 10 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 4 Joanne Fischer Cindy D. Leticia Lares Sandra Hodge Carolina Ramirez Delia Dominguez Cervantes John Acosta Delfina Gonzalez Robert Johnson Eli Komai Robert Johnson submitted written comments. The meeting was recessed at 5:39 p.m. and resumed at 6:04 PM. Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To adopt Ordinance No. 3561, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, and Councilmember Preciado No (1): Mayor McCann Result, Carried (4 to 1) Item 5.3 heading: ORDINANCE NO. 3561 OF THE CITY OF CHULA VISTA AMENDING SECTIONS OF CHAPTER 2.04 (CITY COUNCIL MEETINGS) OF T HE CHULA VISTA MUNICIPAL CODE REGARDING COMMUNICATION WITH COUNCIL AND DISRUPTIVE CONDUCT DURING COUNCIL MEETINGS (SECOND READING AND ADOPTION) 5.6 Agreement: Approve an Agreement with Spicer Consulting Group, LLC to Provide Special Tax Consultant and Other Administration Services John Acosta, Chula Vista resident, spoke regarding the item. Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To adopt Resolution No. 2024-002, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.6 heading: Page 11 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 5 RESOLUTION NO. 2024-002 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR SPECIAL TAX CONSULTANT SERVICES BETWEEN THE CITY AND SPICER CONSULTING GROUP, LLC. 5.8 Agreement: Approve an Agreement with Soundskilz Inc. to Provide Event Planning Coordination Services for City Events The following members of the public spoke in opposition to the item: Alan C. John Acosta, Chula Vista resident Moved by Mayor McCann Seconded by Councilmember Chavez To adopt Resolution No. 2024-004, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.8 heading: RESOLUTION NO. 2024-004 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND SOUNDSKILZ, INC. 5.9 Purchase Agreement: Approve the Purchase of Police Vehicles from Sedano Ford and Bob Stall Chevrolet John Acosta, Chula Vista resident, spoke in opposition to the item. Moved by Mayor McCann Seconded by Councilmember Preciado To adopt Resolution Nos. 2024-005 and 2024-006, the headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.9 headings: A) RESOLUTION NO. 2024-005 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BID AND AUTHORIZING THE PURCHASE OF UP TO TWENTY-FIVE FORD INTERCEPTOR UTILITY HYBRID VEHICLES FROM SEDANO FORD B) RESOLUTION NO. 2024-006 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE BID AND AUTHORIZING THE PURCHASE OF TEN CHEVROLET BLAZER 9C1 POLICE PACKAGE VEHICLES FROM BOB STALL CHEVROLET Page 12 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 6 5.10 Ratification of Appointment: City Manager ’s Appointment of the Director of Human Resources/Risk Management – Tanya Tomlinson Moved by Councilmember Preciado Seconded by Mayor McCann To adopt Resolution No. 2024-007, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.10 heading: RESOLUTION NO. 2024-007 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE CITY MANAGER’S APPOINTMENT OF DIRECTOR OF HUMAN RESOURCES/ RISK MANAGEMENT – TANYA TOMLINSON 5.12 Appointment: Approving the Appointment of the Assistant City Manager to Serve in the City Manager’s Place During Temporary Absences or Disability Moved by Mayor McCann Seconded by Councilmember Chavez To adopt Resolution No. 2024-009, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.12 heading: RESOLUTION NO. 2024-009 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPOINTMENT OF THE ASSISTANT CITY MANAGER TO SERVE IN THE CITY MANAGER’S PLACE DURING TEMPORARY ABSENCES OR DISABILITY 6. PUBLIC COMMENTS Alan C. spoke regarding TransNet tax. Daniel Teague, Chula Vista resident, spoke regarding weed abatement. At the request of Councilmember Preciado, there was a consensus of the City Council to make a referral to the City Manager for a report on weed abatement matters. Joseph Raso, Chula Vista resident, spoke regarding tenant protections. John Acosta, Chula Vista resident, spoke regarding councilmember actions. The following members of the public spoke regarding matters related to homelessness: Joanne Fischer, Chula Vista resident Page 13 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 7 Brandon Claypool Leticia Lares, Chula Vista resident Carolina Ramirez Roberto Ramirez, Chula Vista resident Sonia Gutierrez, Chula Vista resident Maria Sanchez, Chula Vista resident Damian Hernandez, Chula Vista resident Julian Cornwall, Chula Vista resident Delfina Gonzalez, Chula Vista resident Russ Hall, Chula Vista resident, spoke regarding the Chula Vista Community Youth Center located at 465 L Street. Gina E., Chula Vista resident, spoke regarding various matters. Delia Dominguez Cervantes spoke regarding SANDAG updates. Robert Johnson spoke regarding city meetings. Felix Manzano, Chula Vista resident, submitted written comments. 7. ACTION ITEMS 7.1 Harborside Park: Amend the Fiscal Year 2023-24 Capital Improvement Program Budget, Allocate Measure P Funds, and Waive Fees Deputy City Manager Chase gave a presentation. The following members of the public spoke in support of the item: Alan C. Martin Calvo, Parks and Recreation Commission Chair, and he responded to questions from the City Council Gina E. Cindy D. Leticia Lares, Chula Vista resident Sandra Hodges, Chula Vista resident Carolina Ramirez The following members of the public spoke expressing a neutral position on the item: John Acosta, Chula Vista resident Cheryl Roberto Ramirez, Chula Vista resident Delia Dominguez Cervantes, Chula Vista resident Lillie spoke in opposition to a recreation center on the site. At the request of Councilmember Preciado, there was a consensus of the City Council to add an item early on the following City Council agenda for a report by the Page 14 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 8 City Manager on the status of the impact of unhoused people on Industrial Boulevard, with participation by the Police Chief, members of the Homeless Outreach Team, and the Department of Housing and Homeless Services. Moved by Mayor McCann Seconded by Councilmember Cardenas To adopt Resolution No. 2024-010, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.1 heading: RESOLUTION NO. 2024-010 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) AMENDING THE FISCAL YEAR 2023-24 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, PRK0344 “HARBORSIDE PARK RENOVATIONS” AND APPROPRIATING FUNDS THEREFOR; AND 2) AMENDING THE MEASURE P INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN TO ALLOCATE APPROXIMATELY $1.25 MILLION IN UNALLOCATED REVENUE (4/5 VOTE REQUIRED) The meeting was recessed at 9:03 p.m. and resumed at 9:19 p.m. 7.2 Welcoming America: Receive a Presentation on Welcoming America’s Certified Welcoming Program and Provide Formal Direction to Staff Deputy City Manager Chase gave a presentation. The following members of the public spoke in opposition to the item: John Acosta, Chula Vista resident Gina E., Chula Vista resident Delia Dominguez Cervantes, Chula Vista resident Lillie Cindy D. Alan C. Robert Johnson submitted written comments. Moved by Councilmember Preciado Seconded by Councilmember Chavez To continue the item to the January 16, 2024, City Council meeting. Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, and Councilmember Preciado No (1): Mayor McCann Result, Carried (4 to 1) Page 15 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 9 7.3 Contract Amendment: Approve an Amendment to the Contract with the Board of Administration and CalPERS for Local 2180 International Association of Fire Fighters Classic Members to Make an Additional Contribution Pursuant to Government Code Section 20516 Robert Johnson submitted written comments. Moved by Mayor McCann Seconded by Councilmember Preciado To adopt Ordinance No. 3560, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.3 heading: ORDINANCE NO. 3560 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO PROVIDE A MANDATORY EMPLOYEE CONTRIBUTION FOR ALL CLASSIC LOCAL SAFETY MEMBERS OF THE 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OF ONE PERCENT OF SALARY EFFECTIVE JANUARY 12, 2024 (SECOND READING AND ADOPTION) 7.4 Employee Compensation: Approve the Revised Compensation Schedule that Reflect Elected Officials’ Salaries Pursuant to the City Charter Human Resources Director Tomlinson announced that approval of the item would affect executive compensation. Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To adopt Resolution Nos. 2024-011 and 2024-012, the headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.4 headings: A) RESOLUTION NO. 2024-011 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023/24 COMPENSATION SCHEDULE EFFECTIVE JANUARY 12, 2024, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 B) RESOLUTION NO. 2024-012 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023 -24 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 8. CITY MANAGER’S REPORTS Page 16 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 10 There were none. 9. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 9.1 Appointment to the Privacy Protection and Technology Advisory Commission for the Initial Ex Officio Seat Privacy Protection and Technology Advisory Commission - Marlano Batson Robert Johnson submitted written comments. Moved by Mayor McCann Seconded by Councilmember Preciado To appoint Marlano Batson to the Ex Officio seat on the Privacy Protection and Technology Advisory Commission as the City Manager’s nomination. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) 10. COUNCILMEMBERS’ COMMENTS Councilmembers reported on attendance at recent events and made community announcements. Councilmember Chavez gave a SANDAG update regarding SR-125. 11. CITY ATTORNEY'S REPORTS There were none. 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. Acting City Attorney Maland announced that the City Council would convene in closed session to discuss the items listed below. Mayor McCann recessed the meeting at 10:05 p.m. The Council convened in Closed Session at 10:10 p.m., with all members present. 12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d(1) A) Name of case: Estate of Bradley Munroe, by its successors in interest Marci Munroe and Lee Munroe, et al, v. City of Chula Vista, et al.; United States District Court, Southern District; Case No. 23-cv-2253-RBM-SBC. Action: No Reportable Action Page 17 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 11 B) Name of Case: Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-17713-CU-MC-CTL Action: No Reportable Action Moved by Mayor McCann Seconded by Councilmember Preciado To give authorization to appeal trial court ruling. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) 13. ADJOURNMENT The meeting was adjourned at 10:55 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Formatted: Right Page 18 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda City of Chula Vista Regular City Council Meeting MINUTES January 16, 2024, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann Also Present: City Manager Kachadoorian; Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney; City Clerk Bigelow; Deputy Director of City Clerk Services Turner Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:05 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Chavez led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 OATHS OF OFFICE: Privacy Protection and Technology Advisory Commission Marlano Batson Adolfo Gonzales City Clerk Bigelow administered the oaths of office, and Deputy Mayor Gonzalez presented the certificates of appointment. 5. CONSENT CALENDAR (Items 5.1 through 5.3) Item 5.3 was removed from the Consent Calendar at the request of members of the public. Moved by Mayor McCann Seconded by Councilmember Preciado To approve the recommended actions appearing below consent calendar Items 5.1 and 5.2. The headings were read, text waived. The motion was carried by the following vote: Page 19 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-16 City Council Regular Meeting Minutes Page 2 Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) 5.1 Approve Meeting Minutes Approval of the minutes dated: January 9, 2024. 5.2 Waive Reading of Text of Resolutions and Ordinances Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. ITEMS REMOVED FROM THE CONSENT CALENDAR 5.3 Easement: Grant an Easement to the San Diego Unified Port District for Bicycle, Public Access, and Pedestrian Purposes to Facilitate the Development of the Sweetwater Bicycle Path and Pedestrian Promenade The following members of the public spoke in opposition to the item: Alan C. Paul Henkin Consuelo Cindy D., Chula Vista resident John Acosta, Chula Vista resident, spoke regarding motorized bicycles and skateboards. Paul Henkin submitted written comments in support of the item. Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To adopt Successor Agency to the Redevelopment Agency Resolution No. 2024- 001, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.3 heading: RESOLUTION NO. 2024-001 OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT TO THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE SWEETWATER BICYCLE PATH AND PEDESTRIAN PROMENADE 6. PUBLIC COMMENTS Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance. Alan C., spoke regarding the toll on SR-125 and the TransNet tax. Page 20 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-16 City Council Regular Meeting Minutes Page 3 The following members of the public spoke regarding various matters related to government: Consuelo Paul Henkin Leticia Lares, Chula Vista resident, thanked staff for the plan to reopen Harborside Park and spoke regarding matters related to homelessness. The meeting was recessed at 10:38 p.m. and resumed at 10:45 p.m. 7. PUBLIC HEARINGS 7.1 Planning Commission Appeal: Conditional Use Permit to Install a New 45- Foot Freestanding Wireless Telecommunication Facility on a 2.09-acre Parcel Improved with an Existing Church 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. Acting City Attorney Maland provided information on the proceedings and recommended Councilmembers disclose all ex parte communications regarding the item. Councilmembers reported the following ex parte communications: - Mayor McCann stated his staff spoke to a consultant from AT&T who invited questions; neither he nor his staff submitted questions. - Councilmember Preciado stated he met with two consultants representing AT&T and the development of the project. - Deputy Mayor Gonzalez stated he received a call from Victor Avina, representing Falcon Strategies, who invited questions, and he listened to the Planning Commission hearing on the item. - Councilmembers Cardenas and Chavez reported no ex parte communications. Senior Planner Mallec gave a presentation on the item. Staff responded to questions from the City Council. Mayor McCann opened the public hearing. Harold Thomas and Victor Avina, representing Falcon Strategies, gave a presentation on behalf of the applicant, AT&T. Mayor McCann announced that due to Item 8.1 being noticed as time certain for 6:00 p.m., Item 8.1 would be heard at that time. Acting City Attorney Mala nd stated that the public hearing would remain open and be continued until the conclusion of Item 8.1. Item 7.1 continued at the conclusion of Item 8.1. The appellant for the project, William Daley, spoke in opposition to staff's recommendation. The following members of the public spoke in opposition to the staff's recommendation on the item: Page 21 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-16 City Council Regular Meeting Minutes Page 4 Alan C. Consuelo Paul Henkin Joanne Fischer Laura Christine Brady, Chula Vista resident Michael Daley, Chula Vista resident Tanya, Chula Vista resident The following members of the public submitted written comments in opposition to staff's recommendation: Joanne Fischer Paul Henkin Harold Thomas and Victor Avina, representing Falcon Strategies, provided a rebuttal. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To adopt Resolution No. 2024-013, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, and Councilmember Preciado No (1): Mayor McCann Result, Carried (4 to 1) Item 7.1 heading: RESOLUTION NO. 2024-013 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE PLANNING COMMISSION DECISION TO APPROVE CONDITIONAL USE PERMIT (CUP22-0052) TO INSTALL A NEW 45-FOOT FREESTANDING WIRELESS TELECOMMUNICATION FACILITY ON A 2.09- ACRE SITE WITH AN EXISTING CHURCH LOCATED AT 430 SECOND AVENUE 8. ACTION ITEMS 8.1 Homelessness: Receive a Report on the Impact of Unhoused People in the Area of Industrial Boulevard Director of Housing and Homelessness Kurz, Police Lieutenant Pinedo, and Homeless Services Manager Davis gave a presentation. Summer Stephan, San Diego District Attorney, spoke about homelessness-related matters and solutions. The following members of the public spoke regarding the item: Page 22 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-16 City Council Regular Meeting Minutes Page 5 Alan C. and he spoke on behalf of Sandra Hodge, David Hodge, Paul H., and Lillie Consuelo Joseph Raso, Chula Vista resident Christine Brady, Chula Vista resident John Fischer John Acosta, Chula Vista resident Daniel Lopez, Chula Vista resident Roberto Ramirez and he spoke on behalf of Silvia Medina Stephanie Rojas and she spoke on behalf of Blandina Hernandez Carolina Ramirez Cindy D., Chula Vista resident Jayden Kopenski Joanne Fischer Andres Wong Leticia Lares, Chula Vista resident Kwon Kim Delfina Gonzalez, Chula Vista resident The following members of the public submitted written comments suggesting recommendations related to homelessness: Renee N. Cindy D There was a majority consensus of the City Council to relocate the fencing along Industrial Blvd., with Councilmember Preciado in opposition. There was a majority consensus of the City Council to develop a lower barrier shelter, with Mayor McCann and Deputy Mayor Gonzalez in opposition. There was a consensus of the City Council to increase staffing on the Homeless Outreach Team to include additional Park Rangers. There was a majority consensus of the City Council to direct staff to ret urn with an analysis of the Accessory Dwelling Units (ADU) policy related to parking and affordability, with deed restrictions and incentives to build ADUs, with Mayor McCann in opposition. The meeting was recessed at 9:18 p.m. and resumed at 9:27 p.m. 8.2 Welcoming America: Receive a Presentation on Welcoming America’s Certified Welcoming Program and Provide Formal Direction to Staff Moved by Councilmember Preciado Seconded by Councilmember Cardenas To participate at the lowest level of engagement and not pursue Welcoming City certification. The motion was carried by the following vote: Page 23 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2024-01-16 City Council Regular Meeting Minutes Page 6 Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) 9. CITY MANAGER’S REPORTS There are none. 10. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 11. COUNCILMEMBERS’ COMMENTS Councilmember Chavez reported on the recent SANDAG board meeting. Councilmember Preciado reported on upcoming Metro Wastewater subcommittee meetings. 12. CITY ATTORNEY'S REPORTS There were none. 13. ADJOURNMENT The meeting was adjourned at 11:09 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 24 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 23, 2024 ITEM TITLE Fund Appropriation: Appropriation of Successor Housing Agency Funds for the Homelessness Prevention Program and Development of a Landlord Incentive Program Report Number: 24-0029 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No 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 City Council and Housing Authority adopt a resolution authorizing and appropriating the use of $100,000 for the Homelessness Prevention Program and $300,000 for a new Landlord Incentive Program using Successor Housing Agency Funds, and authorizing the City Manager/Housing Authority Director or designee to execute documents consistent with the proposed activities. (4/5 Vote Required) SUMMARY In Fiscal Year 2023-24 the Housing and Homeless Services Department implemented a homelessness prevention program which allows the city to assist Chula Vista residents on the verge of eviction by paying up to six months of missed rent and late fees. The Department also administers a rental assistance program which provides low-income households with affordable housing opportunities; however, staff have encountered challenges in identifying housing, particularly for unsheltered individuals working with the city towards self-sufficiency, some of which can be addressed with a landlord incentive program. This action requests approval to allocate additional rental arrears funds to continue assisting hou seholds facing housing insecurity as well as the creation of an incentive program to better serve residents in need of affordable housing options. 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. Page 25 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 2 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 The Housing and Homeless Advisory Commission will be provided an update on the proposed programs at their next meeting. DISCUSSION Homelessness Prevention Program In June of 2023 the Housing and Homeless Services Department implemented a Homelessness Prevention Program which assists clients on the verge of eviction and has assisted 15 households to date. This program enables the City of Chula Vista to pay up to six months of missed rent and late fees to avoid eviction and potential homelessness. Keeping households in place has a direct impact on the health of the community as well as on the individual. Having an eviction on their rental history can lead to housing instability, barriers, and other negative impacts. There are many reasons a household can fall behind on rent that are unpredictable and unmanageable. For example, approximately 64% of the clients assisted thus far have had a sudden medical issue or condition that prevented them from working for weeks at a time, putting them in a complicated situation and being unable to pay rent. Most households assisted are considered low-income, earning less than 50% of the Area Median Income, or $74,450 for a family of five. Any loss of income, no matter how temporary, can be a substantial setback for a household that depends on every paycheck. Many individuals experiencing homelessness came to be in that situation because of an eviction. Once a household has gone through the eviction process, they may have trouble finding a future landlord willing to accept them due to their rental history. This is the beginning of a harsh cycle of applying to units and being repeatedly denied, further preventing the household from stabilizing and returning to self-sufficiency. In the ongoing battle against homelessness, the City aims to provide programs designed to protect households from common factors contributing to homelessness. This program directly addresses the issue by stepping in on behalf of the tenant to prevent eviction and instability. With an allocation of $100,000 the City anticipates being able to assist up to 15 additional households with rental arrears to maintain their current housing. Landlord Incentive Program The City of Chula Vista is working to address the issues surrounding homelessness and give unhoused clients a better opportunity to succeed and become self-sufficient. By offering a variety of programs, as well as partnering with other agencies and service providers, the City seeks to better serve residents and provide all of the resources available. In this effort, staff has identified several barriers to housing previously unhoused clients, including lack of rental history and credit, which may be resolved by offering a Landlord Incentive Program. The incentive program would include the following: a leasing bonus of $2,500 to a landlord willing to accept a tenant who was previously unhoused; security deposit totaling 2 months’ rent; payment of application and credit check fees up to $50; and/or a contingency fund totaling up to $5,000 per unit to cover any damage caused. Page 26 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 3 This program assists both parties in the rental market as it helps secure a unit for an individual who may not be otherwise accepted, and it assures landlords when considering housing the City’s clients. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the City's General Fund as all costs associated with the program are covered by Successor Housing Agency Funds. This action will allocate surplus funds from the Successor Housing Agency in the amount of $400,000, $300,000 for a Landlord Incentive Program and $100,000 for a Homelessness Prevention Program for the remainder of the fiscal year. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as all costs associated with the program are covered by available funds from Successor Housing Agency Funds. ATTACHMENTS None. Staff Contact: Stacey Kurz, Director of Housing and Homeless Services Alekzander De La Cruz, Senior Fiscal Office Specialist Page 27 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. 2024-_______ (Housing Authority Resolution No. 2024-____) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND HOUSING AUTHORITY AUTHORIZING AND APPROPRIATING THE USE OF SUCCESSOR HOUSING AGENCY FUNDS FOR THE IMPLEMENTATION OF A LANDLORD INCENTIVE PROGRAM AND A HOMELESSNESS PREVENTION PROGRAM WHEREAS, the Chula Vista Housing Authority, in its capacity as the Successor Housing Entity pursuant to Government Code Section 34167(a), has authorization to approve funds from the Low- and Moderate- Income Housing funds for the use of eligible projects; and WHEREAS, the City of Chula Vista implemented a Homelessness Prevention Program in 2023 to help clients on the verge of eviction, which has assisted 15 households and prevented housing instability; and WHEREAS, the volume of residents applying and qualifying for the Homelessness Prevention Program is much higher than anticipated and therefore staff has identified the need to add $100,000 in funds to continue the program; and WHEREAS, the City of Chula Vista has further identified a need to dedicate $300,000 to implement a Landlord Incentive Program to assist previously unhoused residents with finding housing to achieve stability and reach self-sufficiency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista and the Board of Commissioners of the Chula Vista Housing Authority, that it authorizes and appropriates the use of $400,000 in Successor Housing Agency Funds for the implementation of a Landlord Incentive Program and a Homelessness Prevention Program. The City Manager/Housing Authority Director or their designee are further authorized to execute any documents necessary to carry out such programs. Presented by Approved as to form by Stacy Kurz Jill D.S. Maland Director of Housing & Homeless Services Lounsbery Ferguson Altona & Peak Acting City Attorney Page 28 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 29 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda If you feel that a Certified Welcoming community has fallen out of compliance please contact us using our Complaint Form Certified Welcoming Complaint Form Welcoming America takes certification very seriously. We encourage individuals to bring concerns about noncompliance with the criteria in the Welcoming Standard: certified@welcomingamerica.org Complaint against (Name of Certified Welcoming locality)* Your answer Please explain why you believe the local government is in violation of any criteria in the Welcoming Standard.If you are able, please list which criteria (E.g. EA 2.2) the city or county is no longer meeting. If there is additional evidence that you would like to submit, please email it to certified@welcomingamerica.org Page 30 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda From: juan rodriguez < Sent: Tuesday, January 23, 2024 5:13 PM Subject: Agenda Item 4.3 for 1/23/2024 WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov I get it is a tough rental market and you think helping property owners may help to house some homeless. Our tax dollars are better spent ACTUALLY building the housing not helping out these private property owners and investors. Landlord incentives and damage claims are for the benefit of property owners not our low income families. 1.a leasing bonus of $2,500 to a landlord willing to accept a tenant who was previously unhoused; 2.security deposit totaling 2 months’ rent (Isn't there a new law that already limits this to one month's rent come July 2024?); 3.payment of application and credit check fees up to $50; 4.a contingency fund totaling up to $5,000 per unit to cover any damage caused. I think if you did the research and your staff had more knowledge, they'd know that paying landlords and property owners is actually NOT an allowed use of these dollars and isn't part of rapid re-housing and homeless services under state or federal programs. Look it up! I'm pretty sure what you're considering tonight to use Successor Housing Agency funds isn't right. 300,000 to pay for these costs for the benefit of property owners. Not something I would be doing when we don't have much money. Use it to actually make a difference and build housing and more shelters for the homeless. Fund Appropriation: Appropriation of Successor Housing Agency Funds for the Homelessness Prevention Program and Development of a Landlord Incentive Program escribemeetings.com) a concerned CV resident JC Rodriguez You don't often get email from Learn why this is important Written Communications - Item 4.3 Rodriguez - Received 1/23/2024 Page 31 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda v . 0 04 P a g e | 1 January 23, 2024 ITEM TITLE Council Policy: Amend Council Policy 104-01 to Update the Order of Business at City Council Meetings Report Number: 24-0040 Location: No specific geographic location Department: City Manager & City Attorney G.C. § 84308: No Environmental Notice: This 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 amending Council Policy 104-01 to update the order of business at City Council meetings. SUMMARY Adoption of this resolution amends Council Policy 104-01 to update the order of business at City Council meetings to align with current needs and requirements. 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 this activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 32 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 2 DISCUSSION Pursuant to Chula Vista Municipal Code section 2.04.140, the City Council establishes its order of business at City Council meetings by resolution. On February 19, 1991, the Chula Vista City Council adopted Council Policy 104-01 (Order of Business at City Council Meetings) via Resolution No. 16067 to establish the order of business at its meetings. The policy has subsequently been amended multiple times to update the order of business based on the changing needs and requirements of the City Council and City staff. On January 9, 2024, City Council approved an ordinance amending Chula Vista Municipal Code Chapter 2.04, which included provisions regarding the timing of public comment at Council meetings. The amended provisions provide that up to twenty-one minutes will be scheduled near the beginning of the meeting under Public Comments for members of the public to address the City Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the City Council. Each speaker is allowed up to three minutes to speak. If there are more than seven speakers, the first seven will be heard near the beginning of the meeting and the remaining speakers will be heard near the conclusion of the meeting. Existing Council Policy 104-01 contains only one Public Comments section near the beginning of the meeting. To incorporate the recently approved changes, staff recommend amending Council Policy 104-01 to provide for an initial Public Comments section at the beginning of the meeting (pursuant to CVMC 2.04.210) and an additional Continued Public Comments section (if necessary) near the end of the meeting. Staff additionally recommend that the following updates be made to the Council Policy: 1) changing “Council Comments” to “Council Reports” to align with the other report designations; 2) adding a City Clerk’s Report section to provide for City Clerk reports, when appropriate, on matters within the Clerk’s purview, such as elections information and updates; and 3) allowing the presiding officer, in consultation with the City Manager and City Attorney, to take items out of order when appropriate, subject to the right of any Councilmember to appeal to the City Council. Approval of this resolution amends Council Policy 104-01 to update the order of business at City Council meetings as described above. 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 Councilmembers 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 There is no current-year fiscal impact as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. Page 33 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 3 ATTACHMENTS 1. Proposed Amendments to Council Policy 104-01 (track changes format) Staff Contact: Tiffany Allen, Assistant City Manager Megan McClurg, Assistant City Attorney Page 34 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: ORDER OF BUSINESS AT CITY COUNCIL MEETINGS POLICY NUMBER EFFECTIVE DATE PAGE 104-01 029/0812/20 2417 1 of 1 ADOPTED BY: Resolution No. 16069 DATED: 02/19/1991 AMENDED BY: Resolution Nos.: 16755 (08/18/92); 18520 (12/10/96); 2005-342 (10/11/05); 2015- 002 (01/06/2015) 2015-054 (03/03/2015); 2017-160 (09/12/2017); BACKGROUND The City Council, pursuant to Municipal Code §2.04.140, establishes its order of business at Council meetings by resolution. Historically, the order of business has also been incorporated into the Council Policy Manual. PURPOSE To establish the order of business at City Council meetings. POLICY Items shall be considered in the following order at City Council meetings: 1. Roll Call 2. Pledge of Allegiance to the Flag/Moment of Silence 3. Special Orders of the Day 4. Consent Calendar 5. Items Removed from the Consent Calendar for discussion 6.5. Public Comments (pursuant to CVMC 2.04.210) 7.6. Public Hearings 8.7. Board and Commission Reports 9. Action Items 8. 10.9. Continued Public Comments (if necessary) Public Comments (if necessary) 11.10. City Manager's Reports 12.11. Mayor's Reports 13.12. Council CommentsReports City Attorney's Reports 13. City Clerk’s Reports 14. Continued Public Comments (if necessary) City Attorney's Reports 15. Closed Session 15.16. Adjournment The presiding officer, in consultation with the City Manager and City Attorney, may take items out of the above order, subject to the right of any Councilmember to appeal to the City Council.Upon the consent of a majority of the Council at a meeting, items may be taken out of the above order. Resolution No. 16069, approved 02/19/91, adopted the original policy, which was amended by Resolution 16755 on 08/18/92, Resolution 18520 on 12/10/96, Resolution 2005-342 on 10/11/2005, Resolution 2015-002 on 01/06/2015, and Resolution 2015-054 on March 3, 2015. Page 35 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda I certify that this is the true and correct version of said Policy, adopted by the City Council of the City Of Chula Vista on the 12th day of September 2017. Signed & Dated Page 36 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY 104-01 (ORDER OF BUSINESS AT CITY COUNCIL MEETINGS) WHEREAS, Council Policy No. 104-01, Order of Business at City Council Meetings, was adopted by Resolution No. 16069 on February 19, 1991; and WHEREAS, the purpose of the Council Policy is to establish the order of business at City Council meetings; and WHEREAS, City desires to update the order of business at City Council meetings to align with current needs, practices, and rules, including the revisions to Chula Vista Municipal Code Chapter 2.04 approved by City Council on January 9, 2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends Council Policy No. 104-01 (Order of Business at City Council Meetings) as set forth in Exhibit 1 to this resolution, attached hereto and incorporated herein. Presented by Approved as to form by Maria V. Kachadoorian Jill D.S. Maland City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 37 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: ORDER OF BUSINESS AT CITY COUNCIL MEETINGS POLICY NUMBER EFFECTIVE DATE PAGE 104-01 02/08/2024 1 of 1 ADOPTED BY: Resolution No. 16069 DATED: 02/19/1991 AMENDED BY: Resolution Nos.: 16755 (08/18/92); 18520 (12/10/96); 2005-342 (10/11/05); 2015- 002 (01/06/2015) 2015-054 (03/03/2015); 2017-160 (09/12/2017); BACKGROUND The City Council, pursuant to Municipal Code §2.04.140, establishes its order of business at Council meetings by resolution. Historically, the order of business has also been incorporated into the Council Policy Manual. PURPOSE To establish the order of business at City Council meetings. POLICY Items shall be considered in the following order at City Council meetings: 1. Roll Call 2. Pledge of Allegiance to the Flag/Moment of Silence 3. Special Orders of the Day 4. Consent Calendar 5. Public Comments (pursuant to CVMC 2.04.210) 6. Public Hearings 7. Board and Commission Reports 8. Action Items 9. Continued Public Comments (if necessary) 10. City Manager's Reports 11. Mayor's Reports 12. Council Reports 13. City Clerk’s Reports 14. City Attorney's Reports 15. Closed Session 16. Adjournment The presiding officer, in consultation with the City Manager and City Attorney, may take items out of the above order, subject to the right of any Councilmember to appeal to the City Council. Resolution No. 16069, approved 02/19/91, adopted the original policy, which was amended by Resolution 16755 on 08/18/92, Resolution 18520 on 12/10/96, Resolution 2005-342 on 10/11/2005, Resolution 2015-002 on 01/06/2015, and Resolution 2015-054 on March 3, 2015. Page 38 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda v . 0 03 P a g e | 1 January 23, 2024 ITEM TITLE Grant Award: Accept Grant from the California Department of Justice for the Tobacco Grant Program Report Number: 23-0308 Location: No specific geographic location Department: Police G.C. § 84308: No. 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 accepting $115,217 in grant funds from the California Department of Justice, appropriating said funds to the Police Grants Section of the State Grants Fund for the Tobacco Grant Program and authorizing the City Manager and Chief of Police to execute Memorandum of Understanding with the California Department of Justice (4/5 Vote Required). SUMMARY The California Department of Justice has awarded $115,217 to the Police Department for the Tobacco Grant Program. These funds are made available through the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) to support local efforts to reduce the illegal sale of tobacco products to minors in the City. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 39 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 2 DISCUSSION In accordance with the State Budget Act and the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, as added by Proposition 56, the California Department of Justice intends to distribute $24.6 million in fiscal year 2023-24 to eligible local law enforcement agencies for qualifying tobacco enforcement purposes. The Police Department submitted a grant proposal in June 2023 and was notified on October 11, 2023 of approved funding in the amount of $115,217. Last year, the Police Department received $74,957 for the Tobacco Grant Program. Similar to the previous grant award, these funds from the California Department of Justice Tobacco Grant Program will be used for overtime costs related to tobacco enforcement operations, pamphlets/handouts for diversion and retailers, and administrative fees to cover overhead costs. The grant covers a 44-month term, from November 1, 2023 to June 30, 2027. 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 Approval of this resolution appropriates $33,985 to Personnel Services, $2,000 to Supplies and Services and $1,799 to the Other Expenses category of the Police Grants section of the State Grants Fund for fiscal year 2023-24. Funding from the California Department of Justice will completely offset these costs, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT The California Department of Justice Tobacco grant will fully fund the program for a 44-month period. Expenditures for this project are summarized in the table below. Funding from the California Department of Justice will completely offset these costs, resulting in no net fiscal impact to the General Fund. Ongoing funding for this project as well as annual appropriations will be incorporated as part of the annual budget development process in future fiscal years. DESCRIPTION FY 2023-24 FY 2024-25 FY 2025-26 TOTAL Overtime for Retail Operations $33,985 $34,493 $35,254 $103,732 Pamphlets/handouts for Diversion & Retail $2,000 $2,000 $2,000 $6,000 Administrative Costs $1,799 $1,824 $1,862 $5,485 TOTAL PROJECT COSTS $37,784 $38,317 $39,116 $115,217 ATTACHMENTS Page 40 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 3 1. Memorandum of Understanding with the California Department of Justice for Tobacco Grant Program Staff Contact: Chief Roxana Kennedy, Police Department Jonathan Alegre, Administrative Services Manager, Police Department Page 41 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE CALIFORNIA DEPARTMENT OF JUSTICE FOR THE TOBACCO GRANT PROGRAM AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City of Chula Vista (“City”) is interested in participating in the Tobacco Grant Program (the “Program”), which is made available through the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) and administered by the California Department of Justice (“DOJ”) to support local efforts to reduce the illegal sale of tobacco products to minors in the City; and WHEREAS, following the City’s submittal of a proposal to the Program, the State of California DOJ offered to award $115,217 for the grant term beginning November 1, 2023, and ending on June 30, 2027; and WHEREAS, grants funds from the California Department of Justice Tobacco Grant Program will be used for overtime costs related to tobacco enforcement operations, pamphlets/handouts to inform and educate youth and retailers with the intent to stem illegal tobacco sales to minors, and administrative fees to cover overhead costs; and WHEREAS, the City Manager is hereby authorized, on behalf of the City, to accept grant funding in the amount of $115,217 from the State of California Department of Justice and is authorized to execute the grant documents relating to the Tobacco Grant Program; and WHEREAS, grant funds received hereunder shall not be used to supplant ongoing law enforcement expenditures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts $115,217 from the State of California Department of Justice, Office of the Attorney General, Tobacco Grant Program and appropriates $33,985 to personnel services, $2,000 to supplies and services and $1,799 to the Other Expenses category of the Police Grants Section of the State Grants Fund for fiscal year 2023-24, and directs staff to include $38,317 in the fiscal year 2024-25 proposed budget for the Tobacco Grant Program. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the Memorandum of Understanding between the City and California Department of Justice for the Tobacco Grant Program, in the form presented at this meeting, 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 and Chief of Police to execute same. Page 42 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Presented by Roxana Kennedy Chief of Police Approved as to form by Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 43 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Tobacco Grant Program Grant Services Branch – Local Assistance Division of Operations Chula Vista Police Department DOJ-PROP56-2023-24-1-002 Page 1 of 3 MEMORANDUM OF UNDERSTANDING PURPOSE This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the City of Chula Vista through the Chula Vista Police Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2023-24 Grantee Handbook. Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5: Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program. The TGP Regulations, Request for Proposals, Grantee Handbook (dated March 2023), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56. COST REIMBURSEMENT DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook. BUDGET CONTINGENCY CLAUSE It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect. In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed. If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ, or offer an addendum to the Grantee to reflect the reduced amount. Page 44 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Police Department DOJ-PROP56-2023-24-1-002 Page 2 of 3 PROJECT BREACH-TERMINATION Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a repudiation of this MOU by the Grantee. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU. MISCELLANEOUS PROVISIONS Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing, and signed by the duly authorized representatives of the parties. Assignment – This MOU is not assignable by Grantee in whole or in part. Indemnification – Grantee agrees, but only to the extent permitted by law, to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU. Certifications – Grantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose . TERMS Grant Duration: 11/1/2023 – 6/30/2027 Award Amount Category of Expenditure Budget FY 2023-2024 Budget FY 2024-2025 Budget FY 2025-2026 Budget FY 2026-2027 Personal Services $33,985 $34,493 $35,254 $ Operating Expenses and Equipment $2,000 $2,000 $2,000 $ Administrative Costs (Not to Exceed 5%) $1,799 $1,824 $1,862 $ TOTAL AWARD AMOUNT $115,217 The time limit for reimbursements against this award ends 6/30/2027. Requests for reimbursement received after 7/15/2027 cannot be considered by DOJ. GRANTEE CONTACT INFORMATION Joel Monreal, Sergant Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 619-691-5059 jmonreal@chulavistapd.org Page 45 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Police Department DOJ-PROP56-2023-24-1-002 Page 3 of 3 AUTHORIZATION DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to TobaccoGrants@doj.ca.gov, care of the Division of Operations, Grant Services Branch, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties. ___________________________________ ___________________ ROXANA KENNEDY, Chief of Police Date Chula Vista Police Department ___________________________________ ___________________ MARIA KACHADOORIAN, City Manager Date City of Chula Vista ___________________________________ ___________________ JILL D.S. MALAND, Acting City Attorney Date Lounsbery Ferguson Altona & Peak City of Chula Vista ______________________________ ___________________ JENNIFER IVERY JOHNSON, Grant Manager Date Division of Operations California Department of Justice ___________________________________ ___________________ STACY HEINSEN, Administrative Manager Date Division of Operations California Department of Justice __________________________________ ___________________ CHRIS RYAN, Chief Date Division of Operations California Department of Justice Page 46 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda From:CityClerk To:Tyshar Turner Cc:Sheree Kansas Subject:FW: Public Speaking PowerPoint NOT SHOWN IN VIDEO TO PUBLIC Date:Friday, January 19, 2024 10:55:48 AM Attachments:Alan C 01-16-2024 Agenda 8.1.ppt Subject: Public Speaking PowerPoint NOT SHOWN IN VIDEO TO PUBLIC WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov COPY TO MAYOR CITY CLERK CITY COUNCIL BCC TO NEWS PUBLIC CALIFORNIA POLICY CENTER Good Morning Mayor, City Council and City Clerk, First off THANK YOU to Mayor and City Council allowing the translator to read the Korean Business Owner letter last Tuesday. Anyone attending to speak, it was very gracious to allow the translator reading of the letter while the business owner stood at the podium. IT WAS WRONG FOR THE STAND IN UNELECTED ATTORNEY TO ADVISE AGAINST THE TRANSLATOR TO READ THE LETTER especially when that Business owner made an effort to attend the council chambers standing there in person. Written Communications - Public Comment - Alan C. Rcvd. 1.19.2024 Page 47 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Many Public speakers read their prepared speeches off the phones or their own notes. A wonderful job by the translator reading the letter while the long time business owner stood by. PLEASE READ THE LETTER YOURSELVES STUDY THE DETAILS (SEE CITY LINK BELOW ) THAT BUSINESS OWNER SERVED CHULA VISTA SINCE 1998 REMEMBERS PRICE CLUB AND HOW CHULA VISTA HAS CHANGED OVER THE DECADES. KWON.PDF CITY MEETING LAST TUESDAY JAN 16 https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=ffa1a4c1-b2ff-4616- 93e4-941646f93891&Agenda=PostAgenda&lang=English&Item=35&Tab=attachments We have the best City Clerks that go the extra mile communicating to public to ensure comments and video presentation verified received for display during public comments. HOWEVER, Some of my friends watching the meeting remotely by video last Tuesday DID NOT SEE MY POWERPOINT; just me speaking about the PowerPoint that nobody saw; this a complete loss of context of my speech! This an issue not from the clerks but whoever is contracted to run the media services. CITY PRESENTATIONS FROM STAFF DO SHOW POWERPOINT IN THE VIDEO BUT A RECENT CHANGE PUBLIC SPEAKER POWERPOINT ARE NO LONGER SHOWN IN THE PUBLIC RECORD VIDEO. This is wrong no speech should ever be censored. Public Speakers PowerPoint same as City Staff PowerPoint are all our 1st Amendment Speech ALL MUST BE SHOWN DIRECTLY IN THE VIDEO. MY POWERPOINT IS MY 1ST AMENDMENT SPEECH AS WELL AS ANYBODY Though a PowerPoint file is eventually is added as eComment (still not there); it is useless when watching a public speaker talking when there is no context of PowerPoint NOT SHOWN IN THE VIDEO ITSELF. PLEASE ANY MEETING DISPLAY ALL POWERPOINT IN VIDEO FOR BOTH PUBLIC SPEAKERS AND CITY STAFF PRESENTATION; all PowerPoint presentations are important to see directly in the video for clarity of each speaker. @CITY CLERK - Please update to last Tuesday Agenda attachments which is still missing the powerPoint for Agenda 8.1 Public Record. PLEASE ALSO UPLOAD MY SAME POWERPOINT FROM LAST TUESDAY MEETING (ALSO ATTACHED THIS EMAIL) PUBLIC RECORD TO THIS TUESDAY MEETING PUBLIC RECORD UNDER JAN 23 AGENDA 6.1 (As well as upload as attachment to previous Jan 16 meeting Agenda 8.1) I included the same PowerPoint in this Email and if okay along with the previous email describing the context of PowerPoint for next Tuesday's agenda 6.1. NO NEED FOR Page 48 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda DISPLAY OF THIS POWERPOINT DURING MY PUBLIC SPEAKING THIS TUESDAY, I WILL SEND A DIFFERENT POWERPOINT FOR PUBLIC SPEAKING DISPLAY IN SEPARATE EMAIL. Absolute correct keep the criteria that all uploads to city minimal one day prior to a meeting to allow City Clerks verify Public Comment appropriate not containing anything such as nudity. Public comment include JPGs, Links and PowerPoint attachments which the Fantastic Chula Vista City Clerks have printed out for the binder for review by public prior to meeting. Suggest any city staff presentation also in the binder as well as online; PRIOR to commencement of any city meeting; the HOT Team 8.1 Important Presentation section was empty in the binder and not online prior to the meeting. Understandable Monday was a holiday which threw a delay of PDFs, but any Presentation from city staff crucial for advance review by the public to better understand the Agenda. This why so important to PLEASE PLACE THE AGENDA BINDER NEXT TO PUBLIC SPEAKER PODIUM FOR REFERENCE helps to stay on topic as well as proper reference address to the dais from the public. Every other meeting such as County Supervisor and SANDAG has ENTIRE DETAILS EACH AGENDA INCLUDING CITY STAFF POWERPOINT for public speakers to reference WHILE speaking. THANK YOU CITY CLERKS THE BEST, IT IS NOT YOUR FAULT PUBLIC COMMENT POWERPOINT NO LONGER APPEAR IN VIDEO PLEASE MAYOR CITY COUNCIL ALLOW PUBLIC POWERPOINT IN THE VIDEO FOR CONTEXT -- Alan Curry SCREENSHOT JAN 16 AGENDA 8.1 MY POWERPOINT IS MISSING IN VIDEO AND ATTACHMENTS Page 49 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 50 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 51 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 52 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 53 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 54 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 55 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 56 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 57 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 58 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 59 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 60 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 61 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 62 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 63 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 64 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 65 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 66 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 67 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 68 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Good morning City Clerk, No need to submit this email into public record, just a correction I apologize, a typo - Please edit my previous Email for public record CAR SHOW BLACK ANGUS CORRECT ADDRESS: E STREET not east street I will send a separate Email for Powerpoint display Tuesday meeting. Thank You, The best, Alan Curry On Sun, Jan 21, 2024 at 4:41 AM alan mil <wrote: COPY TO MAYOR CITY COUNCIL CITY CLERK BCC TO COMMUNITY Good Morning Jose, WOW! Thank You for detailed newsletter so much great info with links. Thank You Jose, I forwarded your newsletter to friends as well as CC to Mayor and the rest of City Council. Please see bottom my email FREE WEEKLY CAR SHOWS A GREAT WAY TO MEET LOCAL COMMUNITY. Feel free to include in future newsletters. @CITY CLERK - PLEASE CONFIRM WITH COUNCIL PRECIADO FOR APPROVAL, PLEASE INSERT THIS EMAIL AND WITH JOSE'S APPROVAL HIS INFORMATIVE NEWSLETTER UNDER PUBLIC COMMENT AGENDA 6. (ONLINE IN FULL COLOR AND PRINTOUT FOR BINDER BLACK WHITE TO SAVE INK) Thank You also for personal letters from City Clerk Tyshar, great communication for submitting emails and PowerPoint presentation. Office of Mayor and City Council (Bio, Contact and Newsletter Link) https://www.chulavistaca.gov/departments/mayor-council MAYOR JOHN MCCANN NEWS LETTER SUBSCRIBE https://lp.constantcontactpages.com/sl/cyZ7u1M COUNCIL DISTRICT 1 CAROLINA CHAVEZ MISSING BIO NO NEWSLETTER LINK Page 69 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 COUNCIL DISTRICT 2 JOSE PRECIADO NEWSLETTER SUBSCRIBE: https://lp.constantcontactpages.com/su/SR0BSKx/district2newsletter COUNCIL DISTRICT 3 ALONSO GONZALEZ NEWSLETTER SUBSCRIBE: https://lp.constantcontactpages.com/sl/itTveS2 COUNCIL DISTRICT 4 ANDREA CARDENAS NO NEWS LETTER LINK I did not know about the FREE Compost from Republic Services. This a smart move helps community, a great usage of landfill. Annual Taste of 3rd, Fix It Clinic and more; all great stuff! The Online Style Contact Info to Police Department very important, Thank You! Included more info here since a printout of news letter will not show full links: CHULA VISTA POLICE (619) 691-5151 Homeless Outreach Team (619) 409-1963 If this is an emergency, please call 911 NON EMERGENCY REPORT TO POLICE THRU WEB BROWSER https://www.chulavistaca.gov/departments/police-department/services/online- reporting NON EMERGENCY REPORT TO POLICE THRU APP DOWNLOAD http://actchulavista.com/ ASPIRE PROGRAM The after school program at various centers outstanding; perhaps a discussion at city council? Perhaps Carolina might chime in as well. When my kids were at Rice Comer Elementary decades ago, there was a joint after school program paid by parents with the Community Center at Lauderbach Park on 333 Oxford st; a school bus went direct from school to the community center while parents still at work. Please reopen Lauderbach community center and the school bus direct from school to Lauderbach Community Center. This program was a low cost childcare to parents (who should pay the fee for personal city services joint program with YMCA); this a great service to the community protecting children while parents still at work. Perhaps in the link below add to City Web Page of Community Centers detailed information on the Aspire Program and if this includes school bus from school to various city community centers? Our Community Centers are the heart of the City. We offer a wide array of classes, programs, and activities for participants of all ages. Stop by your nearest Community Page 70 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Center and see what you’ve been missing! Need a place to conduct your next party, business meeting, or sports practice? Our Community Centers are available to rent. Most centers have banquet halls, meeting rooms, and gymnasiums to meet your rental needs. Amenities, capacities and pricing vary by location. For more information, contact the Community Center below." https://www.chulavistaca.gov/departments/parks-and-recreation/community- centers/communitycentersexample Thank You Mayor, City Council and Staff, Alan Curry CHULA VISTA FREE CAR SHOWS EVERY SATURDAY 7AM-9AM BONITA CARS AND COFFEE Bonita Donuts 4414 Bonita Road, Bonita, CA https://www.idrivesocal.com/event/bonita-cars-and-coffee/2024-01-27/ EVERY SUNDAY 730AM-11AM SUNDAY FUNDAY Yum Yum Donuts 517 Telegraph Canyon Road, Chula Vista, CA https://www.idrivesocal.com/event/sunday-funday-cars-and-coffee-chula-vista/2024-01- 28/ EVERY 4TH SUNDAY 1130-2PM STEAKHOUSE CAR SHOW Black Angus Steakhouse Back Of Restaurant 707 E STREET, Chula Vista, CA https://www.idrivesocal.com/event/black-angus-steakhouse-car-show/2024-01-28/ Page 71 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Page 72 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Page 73 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Forwarded message --------- From: City of Chula Vista District 2 Date: Fri, Jan 19, 2024 at 12:53 PM Subject: Childcare Resources in District 2 Councilmember Jose Preciado District 2 Newsletter JANUARY 2024 ISSUE 2 Page 74 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Child Care Resources in District 2 Dear Alan, New challenges for local families come with the new year—school is back in session and work has ramped up. It may be difficult for parents to catch up. One of the most essential needs in Chula Vista, and in San Diego County as a whole, is access to child care. According to a 2023 study, we are currently experiencing a lack of childcare providers for our families in need. This is not only an issue of quantity but of accessibility. In times like these, we must turn to our local partners and advocates whose goal is to expand access to everyone. In our second issue of the month, we will focus on how families can find childcare resources, referrals, and payment assistance. Keep reading for a feature on a major resource for children and parents—the YMCA. Did you miss our last issue? Read District 2's focus points for 2024 and see all previous newsletters here. Cordially yours in service, Page 75 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Councilmember Jose Preciado City of Chula Vista, District 2 Spotlight on: YMCA of San Diego County The Office of District 2 connected with the YMCA to help residents become more informed on the various resources available to our region: The YMCA strives to understand and address community needs, offering resources in an environment that encourages well-being, positivity, youth development, connection, and a sense of community for all. In Chula Vista since the 1960s, the Y has grown with the residents, offering many services, including access to quality child care. The Y values the opportunity to work with thousands of children across the city— providing quality care during out-of-school programs in partnership with Chula Vista Elementary School District. This includes DASH and STRETCH, two free programs that allow kids to spend time in a safe and healthy environment. Character Builders is also an affordable Licensed Childcare Program for students with different schedules. While Character Builders does require payment, the Y offers opportunities for financial aid. During afterschool hours or school breaks, the energetic Y team can be found supporting kids to make meaningful connections, creating opportunities to laugh, learn, and make lasting friendships. Other offerings for children, youth, and families include day camp programs, youth sports, swimming, and fitness centers. Page 76 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 The YMCA of San Diego County has Child Watch services for Community Plus members, as well. This means parents and guardians can take full advantage of the Y's fitness and activity offerings while children can play under the supervision of trained YMCA staff. As the organization embraces the new year, the Y continues to commit support to some of the greatest issues facing families. In our county and city, families and childcare providers are experiencing a crisis. For too many families, finding childcare and early education programs that are high-quality, accessible, and affordable is a challenge. At the same time, childcare rates and pricing reflect what the market can bear rather than the true cost of quality care. This results in both a strain on families and our childcare providers in Chula Vista. Read more about the childcare crisis and see an interactive supply map. The Y is uniquely positioned to support families with child care and advocate for access to affordable, quality child care for all. In addition to providing child care programs, through partnership with the State of California, the Y can help parents and caregivers understand their child care options, find child care that meets their needs, and pay for child care through the Childcare Resource Service. See the flyer above or read here for more instructions. The Y does this work and is committed to removing barriers through advocacy. Working in partnership with other childcare providers and parents, the Y is honored to help facilitate the Children First Collective San Diego. This advocacy group of dedicated individuals and organizations is tackling the challenges facing the childcare sector and welcomes all to participate. Page 77 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Are you interested in becoming a childcare provider? You can help improve the County-wide struggle for care. The YMCA offers tools for childcare providers who are either just starting or have been in the field for years. Connect to training and become licensed. To learn more about the YMCA, please visit www.ymcasd.org. For resources on finding child care and applying for child care subsidy, please visit the YMCA Childcare Resource Service. To get involved in advocacy for increased access to affordable, quality child care please consider joining the Children First Collective San Diego. ASPIRE After-School Program Most community centers in Chula Vista, including Parkway Community Center, participate in the ASPIRE after-school program. ASPIRE is designed to provide a “safe haven” for youth ages 5-16 during the two to three hours immediately following the close of the school day until parental supervision resumes later in the afternoon/early evening. Activities may be formal (organized) or informal (drop-in) and hours vary by center and school schedules. Find the activity schedules at your community center here. Southwestern College Child Development Center Page 78 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Are you a parent who finds it hard to balance school and childcare? Southwestern College's Child Development Center was established out of a desire to provide convenient, affordable childcare services to the students and staff of Southwestern College and the residents of nearby communities. The Center currently serves an average of 144 children – ages 2 to 5 years – per day in six classrooms and focuses on each child's individual needs. See their website for more information. And more... Page 79 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Centralized Eligibility List Child Care San Diego has an open application for families in need of childcare resources. The application connects you to agencies with subsidized childcare assistance. After applying, you can select a provider who meets your needs, such as a child care center or a family-based child care. When funding is available, an agency will contact you. See if you're eligible and apply now. CalWORKS CalWORKs provides temporary cash assistance to eligible families with minor children. Parents who are currently receiving aid from CalWORKs are eligible for subsidized child care through a voucher program. Current CalWORKs recipients can contact Access at 866-262-9811. See here for more info. Past Issue Updates Page 80 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Taste of Third Tickets on Sale Now! Taste of Third will return on Thursday, March 21st and tickets are now on sale. Downtown Chula Vista will light up with activity as participants enjoy a variety of food and drink samples from local restaurants. Buy your early bird tickets now. Norman Park Center Receives Grants Did you know that the Norman Park Senior Center (NPSC) recently received two grants from the San Diego Seniors Community Foundation? One grant of $3,500 funded engaging senior activities during the holiday season. The second grant, totaling $12,600, is designated to facilitate extended evening hours at NPSC. Additional hours will allow the Center to offer programs in the evening and keep the popular Pickleball courts open longer. Seniors: you can register for the Pickleball Skills & Drills Clinic. Everyone can join Pickleball Open Play - see flyer for hours. Stay up-to-date with activities, classes, and more at the Norman Park Senior Center by reading their monthly newsletter. Upcoming Events in District 2 Page 81 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Es Dificil Ser Mujer? Chula Vista Community Collaborative is holding Es Dificil Ser Mujer? classes every Tuesday starting January 23rd to March 5th in Spanish ONLY. This class focuses on bringing women of the community together to learn about depression and self-love. For more information, contact Gabriela Ruano at 619-691-5301 or gabriela.ruano@cvesd.org. STEAM at Civic Join the last of this month's STEAM classes on Thursday, January 25th at the Civic Center Library. Learn about the different forces that affect buildings then compete against others to create the tallest Lego tower. Page 82 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Free Compost Event Free compost for Chula Vista residents on Saturday, January 27th from 8AM to 12PM at the Otay Landfill. Bring your shovels for loading, containers to fill, and tarps to cover your compost! Since 2015, in appreciation of the community’s efforts to recycle yard waste and now food waste), Republic Services has provided the opportunity for all Chula Vista residents to pick up free compost at these events. Beautify your landscape and improve your garden soil by adding compost to it. Questions? Contact Environmental Services at 619-691-5122 or environmentalservices@chulavistaca.gov. Downsizing 101: Introduction Workshop Looking to get a fresh start for the new year? Located in the village of Chula Vista, Next Step for Downsize Living, Llc will be hosting informational workshops in their new store Next Step Treasures at 286 Third Ave. The series will commence with Downsizing 101: Your Guide to Your In-Retirement Plan. Next Step was created to help seniors and their families navigate the intricate journey from expansive homes to more suitable living spaces. Rose and her team will share some strategies to help establish a clear understanding of the complexities associated with lifestyle changes while providing a clear path forward. The first of the series will be on Thursday, February 1st at 10AM and again at 5PM. Reservations are required as space is limited. Please call 619-796-7896 to secure your spot. Disney-Inspired Lovers Market Friendship Pop-Up has a brand new location! Come to Illusion Hall at 281 Third Ave on Sunday, February 4th for a Disney- Inspired Lovers Market. The first 60 adults in line at the start of the market will get door prizes—the first 20 adults get Disney-inspired ears and the next 40 adults get Disney- inspired pins. The line starts at 9:30AM and doors open at 11AM. Page 83 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Cafecito Business Networking Business community: Join fellow business owners, professionals, and community partners to network and build relationships. This free in-person meet-up happens on the first Wednesday of every month at Rambler Coffee. The next meeting will be Wednesday, February 7th at 8AM. For more information, see here. San Diego FixIt Clinic Instead of throwing away our broken items, why not learn how to fix them? The San Diego Fixit Clinic is coming to the Civic Center Library on Saturday, February 10th. Bring your broken non-working items— electronics, appliances, computers, toys, bicycles, clothes, and more—for assessment, disassembly, and possible repair. Workspace and specialty tools will be provided and guidance to help you take apart and troubleshoot your item. Space is limited, RSVP now. Performing and Visual Arts Grant 2024 We are pleased to announce the return of our annual Performing and Visual Arts Grant for 2024! The PVAG supports art projects in dance, design arts, media arts, music, photography, theater, traditional/folk arts, visual arts, or interdisciplinary expressions involving more than one of the above fields. Applications will be accepted until February 11, 2024. PVAG applications will be reviewed by the Chula Vista Public Library staff and the PVAG Review Panel. Recommended projects will be presented to the Cultural Arts Commission for their input and then to the City Council for final approval. If you have questions about the Performing and Visual Arts Grant, see here or email culturalarts@chulavistaca.gov. City of Chula Vista Calendar of Events Resources and References Page 84 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Monthly Car Seat Safety Checks The Chula Vista Fire Department has announced dates for the 2024 free car seat installation checks at the Otay Ranch Town Center and the Chula Vista Shopping Center. Both events will take place in front of the Macy’s entrances. The checks are offered to parents, grandparents, or child caregivers to teach proper car seat installation and keep your child safe! See all upcoming dates. what3words App Emergencies can happen anywhere, from an incident at a remote hiking location to an accident on the side of a highway. But, identifying precisely where help is needed can be near impossible if you’re in an area with no address or if that address covers a large area in Chula Vista. When you share an incident’s what3words address with the Chula Vista Police Department, they can quickly identify the exact location and send life-saving resources to where they are needed. How to use for emergencies: Call 911; then use the app to find your what3words location and tell the call taker your 3 words. Download the free app today on the App Store or Google Play. Learn more here. Page 85 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Zip Books Chula Vista Public Library is bringing the library to you! Zip Books is a free service to request books not owned by the library. The books are purchased and shipped directly to your home via Amazon Prime. Once you’ve finished reading the books, you can return them to the Account’s Desk at any Chula Vista Library branch! Order here. The following are the eligibility requirements: A valid Chula Vista Library card Requested materials must be physical books or audiobooks not already in our collection Items must not exceed $50 each (sales tax not included) Titles must be eligible through Amazon Prime You may only have 5 active Zip Books at a time. Additional restrictions may be applied at the Library’s discretion. The Zip Books Program is funded by the California State Library. Weekly Farmers' Market The Chula Vista Farmers' Market takes place every Sunday in Downtown Chula Vista from 10AM to 2PM. Rain or shine, the market is open. Stock up on fresh ingredients, grab a snack, or buy a bouquet of flowers on Park Way between Third and Fourth Aves. See here for updates. Page 86 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 SDG&E: Free Appliance Inspection In the colder months, the use of natural gas appliances like water heaters, furnaces, and ovens can go up. Schedule a free gas appliance check with SDG&E to ensure your appliances are working properly and efficiently to help keep gas bills lower. Getting your appliances inspected is a great way to help prevent carbon monoxide poisoning too. Visit sdge.com/GasCheck for details. You can schedule your appointment at sdge.com/MyAccount or on SDG&E’s mobile app. When in My Account, select “Services,” “Services Overview” then “Gas Appliances Check.” If you’re in the app, select the “More” tab. From Services,“ select “Gas Appliances Check.” If you are an NEM customer, make sure to select your gas account before scheduling an appointment. Sweetwater Authority: Bill Assistance Sweetwater Authority participates in the Low Income Household Water Assistance Program (LIHWAP). LIHWAP is a federally-funded program that offers one-time support to help low- income households pay past-due or current residential water and sewer bills and keep their water on. Many low-income residents behind on their water or sewer bills have received hundreds or even thousands of dollars in financial support to help pay their bills. See if you qualify, then apply here. Page 87 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 Cox: Save up to $30 on your internet Lower-income households can sign up for up to $30 credit for their internet bill through the Affordable Connectivity Program. Approximately 66% of eligible households still haven't signed up! Read more. Have any questions? Call Cox at 619- 262-1122. For in-person assistance, visit 511 Telegraph Canyon Rd., Chula Vista, CA 91910. Meals on Wheels Meals on Wheels provides nutritious meals to thousands of seniors, disabled veterans, and caretakers. Deliveries are made daily by volunteers. Want more information on how to get meals delivered to you or someone you know's doorstep? Call the South County Service Center at 619-420-2782 or visit them on the 2nd floor of the Norman Park Senior Center at 270 F St, Suite 22, Chula Vista, CA 91910. FREE Community Shuttle Attention 55+ residents! Chula Vista has partnered with Circuit to provide you with free rides within the limits of the Northwest (see map). Catch a ride to a doctor's appointment, the grocery store, to see a movie, and more! Rides are ADA-accessible and door-to-door while using all-electric vehicles. As of July 2023, over 13,000 free rides were given, with an average wait time of around 8 minutes. To request a ride, download the Ride Circuit app or call 646-504-3733 and press option 7. Shuttle Page 88 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 service is available Monday-Friday from 7AM to 7PM, Did you know... The City of Chula Vista has an official app for reporting non-emergency issues, such as graffiti, potholes, abandoned vehicles, and more? With ACT Chula Vista, you can upload photos, see nearby issues, and check on the status of your report. Download ACT Chula Vista now! File an online police report: The Chula Vista Police Department has an online reporting tool for non- emergencies. Before reporting, make sure the incident meets ALL requirements below: This is not an emergency. This incident occurred within Chula Vista City limits. There are no known suspects. This did not occur on a state freeway. The incident falls under one of the following categories: 1. Harassing phone calls 2. Hit and runs 3. Identity theft 4. Lost property Click for more details. Page 89 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Public Comments Alan C. – Received 1.22.2024 5. Theft of property 6. Theft from a vehicle 7. Vandalism 8. Vehicle tampering Do you know you live in District 2? Chula Vista's District 2 sits North of L Street and West of Paseo del Rey. Contact our office - General Inquiries: district2@chulavistaca.gov Senior Council Aide: Diana Quintero - dquintero@chulavistaca.gov Sign up to receive our newsletter straight to your inbox Find all past newsletters here CONTACT US district2@chulavistaca.gov City of Chula Vista | 276 Fourth Ave, Chula Vista, CA 91910 Try email marketing for free today! Page 90 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda POLITICS Politics Report: How Big Will the Cardenas Fallout Be? by Scott LewisNovember 4, 2023 Andrea Cardenas speaks at an event in support of South Bay Democratic candidates. / Photo by Adriana Heldiz Page 91 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda CV Councilwoman‘s Economic Filings Raise Concerns of Conflicts San Diego News Desk9 months ago017 mins The original article can be read here. By Alberto Garcia Investigative Reporter A local City Councilwoman who runs a political consulting firm has never reported her employer’s clients which could pose conflicts-of-interest as she serves on the City Council. Andrea Cardenas, who was elected to the Chula Vista City Council in November 2020, lists her employment as “Director of Community Engagement” for Grassroots Resources Inc. on her annual Form 700 Economic Interests disclosure forms filed with the City of Chula Vista in 2021 and 2022. Page 92 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda by Voice of San Diego March 29, 2023 / File photo by Adriana Heldiz The Union -Tribune reports that the California Fair Political Practices Commission is reviewing a complaint filed against Chula Vista Councilwoman Andrea Cardenas. The complaint, filed by cannabis business owner Laura Wilkinson, alleges that the councilwoman violated conflict -of-interest and economic-interest disclosure laws. The business woman, who sued the city in 2020 over an operating permit , alleges that Cardenas failed to publicly disclose the cannabis companies represented by Grassroots Resources, a company Cardenas works for as director of community engagement. It also alleges she has failed to recuse herself from litigation discussions. Page 93 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Unethical Business Practices of Democrats in Chula Vista Exposed San Diego News Desk 4 weeks ago03 mins The recent revelation of the unethical business practices of Democrats in Chula Vista has come to light, and it’s not a good look for the party. And City Councilmember Andrea Cardenas showing that corruption is involved with all the Council members. The fact that Democrats in Chula Vista have been engaging in such unethical business practices is truly disappointing, and it raises questions about their commitment to transparency and accountability . It’s crucial that these issues are addressed and resolved promptly to restore the trust of the people of Chula Vista in their elected officials. Page 94 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 95 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 96 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 97 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ltzem i Same. Y1'e 19s/z a o CHULA VISTA, CA 91910 7ei r1„ 11-onorable Mayor & City, CouncH 0 1 /2 3 /2 A - If aourpisc, - edoToAffifflvD* 14coretoyouAtotallydi"scouraged. We have be,.-eini ozr ing fol -Is over P ---t year wfb- Chula lVista, staff creating a pat, to refieve Ntirr Placed on ou.r romr-nianity's er "Tenant Protection 99 So for I have been able to get you to Usli--iip-ly ca -i -le abo-sat pa -in you are ir-fic-cl-ng on Chii, M So Countless firrues I have Eamma]"Red and SnWI M a I e d 0 -"1q requesting guidance how we ma relleve the 11-1-1,-ancia]-, burden you have placed on dheca ryi)c- S 01-i our conn -n-mnifty9s tenants, I have yet.. -I'm eveng- 0 rete--31-We the courtesy of a aFourAreasofementO N' ou-, have already been presented the four a- e where we all can agrees (See italics below) 1 ) Two Clauses are what is causing the most harm by threatening Landlords and Tenants who have ina-de inadvertent mistakes with $5,000.00 daily fines. Clauses Page 1 of 7 Page 98 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda r v -olation-, 1-W this65.081,-,.)C.2, ("Civil penalt'...-. --- 41 fo. 1 &1 V &-., *--Ij chapter may be assessed at a rate not to exceed $5,000 per violation per day. Tf ries ct violation occurs it i's not fliat a -m..)rarning o.r nolticle, to c.1t.ree inu.S.Ifirst be Yve citation •or civilvebenm penalrv, n fore aadinistrati may be issued.") and 9.65.060E (Reporting Requirements. wer and ToenwirwI City - with information regarding ternill'imfion oT' Tenancies at ffhtime(s) and with such de i is as shall be required k -x; Ci4) in the atten.alcuit Administrative Re.-giiii/eations.) 2) t Landlords of the 1`36,033 rental units (*Stc7ff sqVdIN - ed data) rause raise rents in order imppound-fiinds to pay the ten e of tlwse who have madeinil-.20,61-I'vertent errors.. psiluod y no "Bad Actors in CAI. Ditring the 7 -- entire firstm/ r a qf -qe-nforcennent, stai' ltf has yet to be nmae aivare Qfa. single Landlord or Tenant sub c t to a fine,, 1 1% - m placed onZri") Wthl so j,eW "Ricii d Actor , , estkifi-,nancial the backs of Te za could very well exceed the potential bene is received by the "Tenant Protect iOrdinance's" constant threat of $5,000.00 dai sv nes . Path to Brin TPO into State CoMDliance: M. We have found a way to bring Chula Vista's "Tenant with a Protection Ordinance'" m* compliance witn California Page 2 of 7 Page 99 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda State mandates withoecessanhanrnrenters,, See italics below) The simple task of modifying the verbiage of the TPO in order to reduce a Landlord's need to drastically raise rents can easilv be accomplished with an addition of ihe ,allowing clause to care must first be given before an culfrizi,nistrative chation or civil penalty may be issued". Upon warning, the -vast majority, of individuals will YI coin't-o into compliance, ivhile thefew unscrupulous Tenants and Landlords will atterapt to circunnvent tl-,,,e law,, a An added bontis of such a notification pro,17eeittre is that P 0 a wa.1,7-ting simplifies the process qT idxn,+-ifi7-:ng and le v-ying finto.- s against "BadActors i believe otir cit -v attorney will confinn that it is Possible to warn. noncomphlant individuals and still be in alignment with`li or i's%envw TPinandates., IVE Page 3 of 7 Page 100 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda In trad Lj di On Of Tenant Protection Ordinalm-, thrill my calculations out of wack. Threatening Landlords with $5,000.00 daily fines fo,"Iri' l, simlerroohrE, wlefl. no op-nnrtuniety to correct ..i errors, forces assnve Y increases the most vul-nerab-1-P.. of., our comniunity. eIVStaffRQB U. li ef -A 1W, TUCD AYoumrvq, v b e u4 n ecf --AbI Ir a re. s t a., is quAred to conusiul - g VC011,71 Colnur-161 Whownt -i, T P 0 co- i Regulations.- MOSIL te-1--lansts wn. -i-rn-ore c.-,,auise. 91.655-060E 115' IT Ytheyarer ---a q u , -J, re d t o .mom. I "'t u t fox --,i -n s 7i --.n -Fo r r. 1-111 a U-11, a qE zt n, tnrelrll, xdeatal-15' s O. -F -0--d " C"ElvI h ati on o p t e -n tJi alae.q -AY 1, S e i'S 1131 Paoirtos-ubs<1--, L4, a- E7. 9',11 ra" 415000.00 GI -3M, -My fines. a / On manv Staff as informed City Co3avn-cil oaf co t -he Precarious 3 anzclia1 situation of our rental community (see City Staff stippled data ifl italics below). Over a year ago I warned you the present wording of the 4 -Tenant Protection Ordinance" would require Landlords ta drastically raise rents thereby forcing hundreds of ppople from their homes and out on the streets. We car, ce;ft, a drastic increase in homelessness this E -e=ar, Although Pa-ve 4 of 7in, Page 101 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 0 raise irvents Cine Std S ppd Data: 1-4 1) ChulaVista Population.- 28.5, 9/7-2, CuIa Fista - T.S. Cesus Bureau QurckFcts) 2 1 1 ".3Averagenumberof *ndiv "duals in each household: '-".3-1 Chula Vista - U.S. Census Bureau Ouick-.facts) 3) T Is Percentage Churr-Io, TIsta Ptoz,,,tsilng i-t hich are rentals. 42% Data compiled by C ' Stdff' ffNumberoitU-sfs, tc-,, - 36,033 1Pomilatio.11, Qi' Chula Vista (283 0,72 div'ded by the averrage M11171-ber of people residing in each Residence (3.31) equals 85,792 multiplied the percentage of residences which are rentals (412%) eqitals the appro.-Winate number of Chula Vista rental units. (36,033) 5) Approximate number of Chula Hista renters,,- 9,?68 (CV Population 283,97? X *42% — 119,268) 61 Approx "mate Average illIonthly Chula Vista Rent 3,047.00 (See attached CV Staff provided "Relocatiol'i Assistance"Pic - Average qf Line 2ndfrom bottoni) Page 5 of 7 Page 102 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 7) With no right to citre, amount of daily fine levi d if I/ C-7 Landlord or Zenaninadvertently makes a papenvork 1,.-,-,,rro,-, rv1 when Tenant terminates lease and rn-oves,,- $5,000.00 Clauses 9.65.060 E and 90 5,080 C2 off'zs ial Landlord and Tenant Oi-clinance") irnfo-,,-,v * 0 v iw-- avetoagre monthly rent merease alloivApd. $304.','7--t"Iv- 7 CW3047.00 x 10%. California AIIR2 5% plus inj'lation Max N 10%) 9) Averiage of monIthts, requthred, ,fol,4 Landlo al to bvne-16, wipoundfc;-ijd,f.q,v s4l",$50100,00d.lvvl*,de.il"$301 11, 70) 4111 fi 7ff fvConclusionsDrfswn, From St -7 A simple an.-P.-011ysils of the ...oa.t-T. revez4h)-o Cl/ Y1) S10, 59F- 179,125:). 00Oe Iph,ELI, approximate lt.,-ot-,al rrionth-1- ma-xi-m,vu-m rent increase I.-,.awt",ed on Chula -enter 11! 3, Landlords are forced to im-pound funds to the-- pay daily flnes,v. (36,033 Rentad UndtS bj,,, the 10% mwxI alto -wed rent at/jitstrn-ren. 3Nf . 70 — $10,979,255000) 2) 596 Homeless: Apraoxlr a, - tome f Homeless 1,-1 -istci-- renterscreatedifonehalfofonepnrceni' of C .h---,., 17 are forced out of their homes by by the Tenant Prt fence CV Population 283 W ,19 72 x 4 2 119,268 x .5% IPage Page 103 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1 The fact that city Landlords to fine enforce...m., ent pl.%oves Actors". staff has found no Tenants or - 0 in the first year of TPO there are virtually no "Bad With Vua o 'Tc . s" purpose is served by th—reo-M®lein.-Linig Tenants and Landlords with $5,000.00 daily fines. 3) 4. .A- It is the THREAT of a finte ffie fine itself which is 0 forcing ny Landlords to ivvantse rA - ents Ma OPO On9ISVol! 1, we O-Dut, the nght track 171Rhourao-'templts: "ro Ole, *ate the press -tire placed on, Landlorcb&-- to r- n't-,so If pot, whet. modifleations of our spa roach would you suggest? Thxnk You so much I -is matter. Ifior all --T-TourY owrl, r, th] Page 7 of 7 Page 104 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 23, 2024 ITEM TITLE Housing Annual Reporting: Federal Block Grant Programs Funding Priorities for Fiscal Year 2024/25 Report Number: 24-0005 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No 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. Under the National Environmental Policy Act (NEPA), the activity is exempt pursuant to Title 24, Part 58.34(a)(2)(3) of the Code of Federal Regulations. Recommended Action Conduct the public hearing and accept the report. SUMMARY As a Department of Housing and Urban Development Entitlement Community, the City of Chula Vista receives Community Development Block Grant, HOME Investment Partnerships Act Program, and Emergency Solutions Grant Program funds annually. These funds are aimed to fund diverse programs and services to enhance the quality of life for Chula Vista’s most vulnerable populations. The City prepares an Annual Action Plan for use of the funds describing the housing and community development needs of the City’s low/moderate-income residents and outlines the strategies to address those needs. This Public Hearing will provide the community with an overview and an opportunity to provide input on the Goals and Funding priorities established through the 2020-2024 Five-Year Consolidated Plan. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity 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 Page 105 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 2 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. Under NEPA, the activity is exempt pursuant to Title 24, Part 58.34(a)(2)(3) of the Code of Federal Regulations. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION Department of Housing and Urban Development (“HUD”) Entitlement jurisdictions receive Community Development Block Grant (“CDBG”), HOME Investment Partnerships Act (“HOME”) Program, and Emergency Solutions Grant (“ESG”) Program annual allocations via a formula-based system determined by statistical and demographic data. The funds aim to address HUD’s performance measurement framework and were each enacted with a distinct community-need as further described below. CDBG: The primary objective of the CDBG program is the development of viable urban communities through decent housing, a suitable living environment and expanding economic opportunities for low/moderate-income persons. Activities funded under this program must address one of three National Objectives: 1. Benefit to low/moderate-income persons through social services, housing or infrastructure projects; 2. Aid in the prevention or elimination of slums and blight through residential or commercial rehabilitation; or 3. To meet an urgent need such as a natural disaster or pandemic. Historically, the City has utilized this flexible funding source to fund social services programs as well as improve public facilities and construct new streets and sidewalks. HOME: The purpose of the program is to create and retain affordable housing. The type of assistance allowable under this program includes owner-occupied housing rehabilitation, new construction, and acquisition and rehabilitation, for both single-family and multifamily projects, as well as predevelopment loans to developers. In the past, the City has leveraged HOME funds by providing gap financing to first-time homebuyers and developers investing in our community by creating new affordable housing units such as Lofts on Landis, Duetta and Volta. ESG: The program was created specifically to address homelessness as it provides grant funding to engage and rapidly re-house homeless individuals and families as well as help operate and provide essential services in emergency shelters. Funds may also be used to prevent individuals and families from becoming homeless through rapid re-housing programs. Currently the City is utilizing ESG funds for operational costs for shelters designated for victims of domestic violence, homeless prevention, and outreach services. As a recipient of these funds, the City is required to prepare a five-year Consolidated Plan (“Con Plan”) describing the housing and community development needs of the City’s low/moderate-income residents Page 106 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 3 and outlining strategies to address those needs over a five-year period. The Con Plan provides the necessary policy guidance for implementation of programs and services to be funded, as further detailed in the Action Plan submitted to HUD as the formal funding application for the respective program year. As a reference, the City is currently in the fourth year of its 2020-2024 Con Plan. Citizen Participation through Planning Process Engaging residents and community members in defining and understanding the current housing and community development needs while prioritizing resources to address these needs is a key component of the development of the Con Plan. The City is required by HUD to gather input from its residents, including minorities, non-English-speaking persons, low/moderate-income residents, persons with disabilities, advocates for seniors, disabled, illiterate, and homeless, whom the grant programs are designed to serve. Public input received is used to establish the strategies and funding priorities previously described. This Public Hearing is an avenue for the community to engage in the prioritization of the grant funds and the development of the upcoming 2024/25 Action Plan (“Action Plan”). Funding Priorities for the 2020-2024 Consolidated Plan As previously described, the Con Plan is the strategic plan for allocating and leveraging the entitlement grants described above. It utilizes qualitative and quantitative data gathered through citizen participation, market analysis, and an assessment to identify the highest priority needs in which to direct entitlement dollars. Table 1, on the following page, highlights the goals that were approved and incorporated in the 2020-2024 Con Plan as high-priority needs. Funding Availability and Request for Applications (Program Year 2024/25) A Notice of Funding Availability (“NOFA”) for request of the grant funds will be released on February 1, 2024 for eligible agencies and City Departments. The application period will run from February 1, 2024 through March 1, 2024. While the City has not received formal communication from HUD on the anticipated grant funds for the 2024/25 program year, staff will be assuming the same amount as in prior years. As a reference, the City has received a slight decrease for each of the grants in the past four years. Next Steps Once the applications have been received and reviewed for eligibility and funding consideration, staff will return to present the funding applicant proposals and provide funding recommendations for the 2024/25 program year. Page 107 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 4 Table 1: 2020-2024 Consolidated Plan Funding Priorities PRIORITY GOAL ACTIVITY TYPE Homelessness Assist individuals and families to gain stable housing after experiencing homelessness or a housing crisis by providing appropriate services and housing solutions on a path to stability. Shelter Operations Homeless Prevention Homeless Outreach Homeless Supportive Services Social Service Programs Invest in community social services to promote equity and serve the most vulnerable of the community’s population. Public Services to low/moderate income including the following population: Homeless Veterans; Youth; Seniors; Victims of Domestic Violence; Special Needs/Disabled Capital Improvement and Public Facilities Support the development of vibrant, equitable and accessible neighborhoods by investing in public facilities and infrastructure. ADA improvements New streets and sidewalks Public facility improvements Economic Development Enhance the City’s economic stability by investing in inclusive economic growth initiatives that develop and strengthen small businesses, employment and workforce development programs and improving access to jobs. Business Financial Assistance Programs Business Technical Assistance Job Training and Placement Affordable Housing Increase affordable rental and owner- occupied housing to improve housing opportunities that reflect the community’s needs. New Construction Acquisition Rehabilitation First-Time Homebuyer Assistance Tenant-Based Rental Assistance DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact to the General Fund as a result of this action as all costs associated with the planning and administration of the CDBG, HOME and ESG programs are covered by the respective grants. Page 108 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 5 ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as a result of this action. ATTACHMENTS None Staff Contact: Mark Barnard, Management Analyst II Stacey Kurz, Director of Housing and Homeless Services Page 109 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Item 6.1 Alan C. – Received 1.22.2024 COPY TO NEWS MAYORS SANDAG SUPERVISORS DISTRICT ATTORNEY EVERY CITY COUNCIL REP DAVID ALVEREZ SENATOR STEVE PADILLA CA STATE REPS SENATORS CITY MEETING 5PM TUESDAY JAN 23 2024 276 FOURTH AVE CHULA VISTA https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=00fab272-13fd-4504-b445- 316363587ea0&Agenda=Merged&lang=English @CITY CLERK - Please Verify Attached PowerPoint received for Public Speaking and is displayed live and in the video for ALL public to see during my Public Speaking AGENDA 6.1. Please enter into public record entire email and PowerPoint (please color pictures for online public record and black white okay for binder to save ink). The other Email of Council Preciado District 2 News Letter and Car Show announcment please insert to Public Record Agenda 5 EVERY CITY WHAT WILL YOU DO TO PROTECT YOUR COMMUNITY? SLIDE 1 HOMELESS OUTREACH CHALLENGES NO ARRESTS JUST ONE DAY 2,000 SQUARE FOOT GRAFFITI REMOVED JUST ONE DAY 36,540 LBS TRASH IN JUST DAY OF CLEANUP $MILLIONS SPENT HOMELESS CLEANUP THEN HOMELESS RETURN SLIDE 2 HOMELESS OUTREACH TEAM BUSINESS CARD Here is the card that is HANDED OUT TO JUST HOMELESS which has way too much data confusing to Homeless many that are suffering drug abuse resulting mental Illness. What about Business, Schools and Residents that are also affected by the tents; WHY are they also not given the contact information cards by the city? SLIDE 3 CUSTOM BUSINESS CARD EASY CONTACT LIST For your review; keep it simple. BASIC CARD LESS CONFUSING HAND OUT TO Page 110 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Item 6.1 Alan C. – Received 1.22.2024 HOMELESS; SAME CARD TO ALL BUSINESS AND RESIDENTS. Many in the community of residents and business affected by encroachment do not know who to contact for Homeless Outreach. The business cards should AVAILABLE TO ALL ALWAYS a stack of CVPD HOT contact cards on the table at City Hall, at Libraries and ALL Community Centers. EVERY LOCATION SAME AS CHULA VISTA TODAY NEWSPAPER PLEASE PLACE CARDS FOR ALL OF THE PUBLIC. SLIDE 4 TAX FUNDED CELL PHONE TABLES BREAK LAW ADA ACCESS OF SIDEWALK. State vendor law protection DOES NOT AUTHORIZE BLOCKING ADA ACCESS OR ENCROACHMENT ANY PRIVATE PROPERTY IF FORCED OFF PUBLIC SIDEWALK. Cite and arrest the cell phone table operators that are specific staged for Homeless who then use for Drug Deals that occur on Industrial Blvd and at parking lot of Planet Fitness Page 111 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Item 6.1 Alan C. – Received 1.22.2024 Gym and iHop Restaurant; the businesses attend by families are at risk. SLIDE 5 TAX WASTE $350,000 VS PRIVATE JUST FEW $1000 IT SHOULD NOT TAKE MONTHS TO FENCE INDUSTRIAL BLVD "SAFE SLEEPING" SITE TENTS HIDE CONTINUE OF DRUG USE ARE UNSAFE BREAKING NEWS - 2024 STOMACH ILLNESS A REPEAT HISTORY OF DISEASE OUTBREAK "Around 30 residents and four staff members at one of San Diego's safe sleeping sites reported having gastrointestinal symptoms, prompting county public health officials to investigate, the city announced Saturday. The city received the reports from residents at the O Lot site by Balboa Park on Friday. The staff members who reported symptoms are part of the nonprofit provider Dreams For Change, according to the city. Officials from the county's Department of Environmental Health and Quality and Public Health Services were at O Lot on Saturday investigating the cause of the illness." https://www.nbcsandiego.com/news/local/county-investigating-reports-of-stomach- illness-at-san-diegos-safe-sleeping-site/3410487/ SLIDE 6 CORRELATION HISTORY 2017 HEPATITIS OUTBREAK CONSEQUENCE OF GOVERNMENT FAIL PLASTIC BAG BAN "The plastic bag ban is the main reason for the hepatitis outbreak,” says the homeless man who writes the Homeless Survival Guide. “The hepatitis outbreak was completely predictable, it's why I left San Diego.” Homeless people learned long ago that pooping in plastic-bag-lined containers meant you could wrap the session up and dispose of all the stuff without touching it, he said in a long email. So when it got harder to get the bags after the ban went into effect late last year, it became harder to find the bags and people who were able to keep things clean had to work a lot harder. Plenty of people Page 112 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Item 6.1 Alan C. – Received 1.22.2024 discounted the plastic-bag theory but San Diego County Public Health Officer Wilma Wooten was not one of them.“Yes, absolutely, we know people use the bags for that,” she said. “We know people don’t have bathrooms and they can put bags in cans and buckets and maintain good hygiene. That’s why we put plastic bags in the hygiene kits we’re handing out. That’s what we expect people will use them for." https://www.sandiegoreader.com/news/2017/sep/08/stringers-plastic-bag-ban-led- hep-health-crisis/ SLIDE 7 MORE HISTORY DURING COVID IGNORE PUBLIC SAFETY INFECTION SPREAD MTS STILL ENCOURAGES RIDE DISEASED BUS PROTECT DRIVERS PASSENGERS FORCE BOARD BACK DOORS IGNORE PUBLIC INFECTION "4/1/20 Rear Door Boarding & Suspension of Cash Fares. To help protect the health of our bus drivers, rear door boarding is in effect on MTS buses Senior and ADA passengers will be allowed to enter through the front door as normal; all other passengers will use the rear door. This change will help us continue to run essential service for those who still need it. At this time, no cash is being accepted on board. Passengers should still load a Day Pass or Monthly Pass on their Compass Card or Compass Cloud app (SDM and Youth Day Passes are available in the Compass Cloud app). While riders will not ‘tap’ on buses, you may be asked for a visual inspection of their Compass Card and/or Compass Cloud pass." https://www.sdmts.com/schedules-real-time/covid-19-updates ABOVE LINK REMOVED BY MTS SEE INTERNET ARCHIVE LINK: http://web.archive.org/web/20200410233657/https://www.sdmts.com/schedules - real-time/covid-19-updates "Germ Barriers We’ve installed germ barriers to protect our bus operators. These barriers allow us to resume front door boarding and open up the front of vehicles to give passengers more space to spread out while on board. Public health notices are posted on vehicles and at Trolley stations, reminding passengers of best hygiene practices.." https://www.sdmts.com/rider-info/covid-19 FROM SAN DIEGO MTS WEBSITE = ADMITS INFECTION TRANSMISSION Page 113 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Item 6.1 Alan C. – Received 1.22.2024 SLIDE 8 REMOVE BAD STATE LAWS STOP HOMELESS INVITE STATE REPS AND SUPERVISOR VARGAS EVERY HOMELESS WORKSHOP MUST STAY FOR PUBLIC COMMENT Thank You to DA Summer Stephens for attending last week. Chief Kennedy mentioned police enforcement limited due to Prop 47 and Prop 57.THE PEOPLE WHO DID NOT ATTEND LAST WEEK AND SHOULD HAVE BEEN INVITED SENATOR STEVE PADILLA AND REPRESENTATIVE DAVID ALVAREZ. National City removed Cruising Ban in 2023 leading to entire state removing cruising ban this year. IT TAKES A COMMUNITY AND CITY REPS TO COMMUNICATE TO STATE REMOVE TERRIBLE LAWS THAT AFFECT EVERYONE INCLUDING PEOPLE THAT ARE ENCOURAGED TO STAY HOMELESS! CONTACT OUR SAN DIEGO STATE REPS AND COUNTY SUPERVISOR REPORT FRONT AND CENTER TO PUBLIC CITY MEETINGS REMOVE HORRIBLE LAWS PROP 47 AND PROP 57 OFFICIAL FOR PUBLIC USE EMAIL CONTACT Page 114 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Item 6.1 Alan C. – Received 1.22.2024 THESE REPS ALL ARE FROM SAN DIEGO DO THEY CARE? Catherine Blakespear.blakespear@senate.ca.gov Steve Padilla senator.padilla@senate.ca.gov Christopher Ward assemblymember.ward@assembly.ca.gov David Alvarez assemblymember.alvarez@assembly.ca.gov Nora Vargas District1community@sdcounty.ca.gov SLIDE 9 ENFORCE EXISTING LAW AGAINST LAW ENCROACH ANY PROPERTY AGAINST THE LAW DRUG ABUSE AND PROSTITUTION Coronado has removed all homeless simply by enforcing existing law. San Francisco removed homeless when china dictator visited. Chula Vista if upper wealth Coronado can remove homeless why not our city by just enforce existing law in working class neighborhood. Homeless were removed corner Palomar and Industrial; however there are still drug tents where children walk to Harborside School in front of Brentwood Residential Community. The 24 hour notice useless when encroachment of still breaking the law. Use the same analogy any crime and give a 24 hour notice to any criminal activity does not provide for safety of the community. DUMPED HOMELESS OTHER CITIES GET UNUSED BEDS CONTACT SAN DIEGO CITY OFFICIAL CITY EMAIL & PHONE SAN DIEGO REPS Todd Gloria 619-236-6330 MayorToddGloria@sandiego.gov Joe LaCava 619-236-6611 joelacava@sandiego.gov Jennifer Campbell 619-236-6622 jennifercampbell@sandiego.gov Stephen Whitburn 619-236-6633 stephenwhitburn@sandiego.gov Marni von Wilpert 619-236-6655 marnivonwilpert@sandiego.gov Kent Lee 619-236-6616 KentLee@sandiego.gov Raul Campillo 619-236-6677 raulcampillo@sandiego.gov Vivian Moreno VivianMoreno@sandiego.gov Sean Elo-Rivera 619-236-6699 seanelorivera@sandiego.gov Monica Montgomery 619-236-6644 mmontgomerysteppe@sandiego.gov 619-531-5544 Monica.MontgomerySteppe@sdcounty.ca.gov RESIDENTS OF BRENTWOOD TRAILER PARK AFFECTED BY HOMELESS ENCROACHMENT " Enjoy all of the conveniences of metropolitan living in our unique bayside Chula Vista community. Conveniently located near I-5, our manufactured homes place you less than 12 miles from downtown San Diego and its many attractions. Harborside Elementary School, Costco, and Walmart are a short stroll away. Plus, you’ll find an array of shops, cafes, and eateries at Palomar Trolley Center <HOMELESS SCREAMING WALKING THE STREETS>. And when you’re ready for a little outdoor fun, head to nearby Harborside Park <CLOSED ALMOST TWO YEARS>, featuring a skate park, basketball Page 115 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Item 6.1 Alan C. – Received 1.22.2024 hoops, a soccer field, and more." 1100 Industrial Blvd Chula Vista, CA 91911 https://www.brentwoodmhc.com/ SLIDE 10-11 CAMPING BAN USELESS IF ONLY GOVERNMENT PROPERTY Heartless San Diego City closed down 550 bed shelter Golden Hall Then Enacted Camping Ban that ignores private property Market Street CONTACT SAN DIEGO GET THE UNUSED BUNK BEDS FOR TRICARE BUILDING https://www.sandiegouniontribune.com/news/homelessness/story/2023-02-28/golden- hall-shelter-to-closes-homeless-people-to-be-relocated SLIDE 12-14 EVERY CITY MULTIPLE ABANDONED COMMERCIAL LOTS BATHROOMS HVAC ALREADY INSTALLED INEXPENSIVE QUICK CONVERT TO BED SHELTERS For example of an abandoned grocery store in Slide 14 - SIMPLY POP OFF SHELVES ONE SIDE OF AISLE LEAVE ONE OR TWO LAYERS OPPOSITE SIDE FOR STORAGE OF PERSONAL AFFECTS; THIS ENCORAGES HOMELESS TO GO TO SHELTER. Affordable Housing after subsidy by tax payers still have high cost of rent that will never help people no money living in tents. Provide quick to build bed shelters to monitor, treat substance abuse and encourage not job training, but immediate apply for job at employment agency. Every homeless in subsidized shelter; the city must enforce rules NO SUBSTANCE ABUSE AND DETOX TO STOP HABIT, the homeless must attend employment agency (CASE WORKER MONITOR ENFORCEMENT) located just blocks away on 1111 Bay Boulevard Suite E Chula Vista CA, 91911. HAVING A JOB DISCOURAGES SUBSTANCE ABUSE. https://www.unemploymentoffice.org/job-search https://www.unemploymentoffice.org/chula-vista-california-unemployment-office SLIDE 15 550 BEDS REMOVED GOLDEN HALL HOMELESS SHELTER SOLD OFF RICH DEVELOPERS Every city communicate to San Diego City Council to obtain the unused beds. San Diego selling off previous 550 bed shelter Golden Hall to rich developers, has implemented a camping ban to limit homeless to residential neighborhoods which forced Homeless into other cities. SLIDE 16 644 NAPLES STREET CHULA VISTA ABANDONED TRICARE BUILDING ON BROADWAY HAS BATHROOMS AND HVAC FOR BUNK BED SHELTER The abandoned TriCare building is at the far side of Costco parking lot can immediately service 100s of Homeless with bunk beds and is only a block away from the homeless encampments on Oxford Street at Harborside. This will Immediate Remove safety risk of Page 116 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Item 6.1 Alan C. – Received 1.22.2024 Homeless Drug Tents next to Harborside Elementary School and Harborside park for the safety of all community residents. THE TRICARE BUILDING CAN BE A PERMANENT COST AFFECTIVE, IMMEDIATE AND MAXIMIZE AMOUNT OF HOMELESS OFF THE STREET. A PERMANENT BUILDING FOR CONTINUAL SERVICE ANY NEW HOMELESS LIVING ON THE STREET AS A FIRST STEP BEFORE TRANSITIONING TO TINY HOMES. DETOX AND A JOB (NOT TIME WASTE JOB TRAINING) FOR INDIVIDUALS PAYING THEIR OWN RENT IN PERMANENT HOUSING. SLIDE 17-18 MARCH CA PROP 1 WILL CHANGE R1 ZONE TO ALLOW MULTI LEVEL HOUSING City gains tax revenue from dense housing ignores decades established suburbs. Slide 18 Senior Citizens have lived in homes for decades and now their back yard is shadowed by sis story structure. QUESTION GREED OF NON PROFITS MAKING MILLIONS AND DECIDING OF THE FEW WHO CAN LIVE THERE. Many of the so called "Non-Profits have business partners multiple states with some profiting off border processing centers; WHO WILL BE APPROVED TO LIVE IN THE AT ONE TIME QUIET NEIGHBORHOODS? TWO FAILURES OF TAX FUNDED HOUSING K & 3RD AND E & 3RD SUBURBS DESTROYED GREED Mountain West Developer admitted even after tax payers pay monthly subsidy rent still $800 a month https://www.mountainwest.com/development https://www.mountainwest.com/hsmc https://www.casaestilocv.com/ "Non Profit" RHF PROFITS BILLIONS 55 Unit The Project Page 117 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Item 6.1 Alan C. – Received 1.22.2024 Irony of same name as Projects located all over the east coast of blight Government Housing. NON PROFIT RHF MAKING BILLIONS FROM TAX PAYERS https://rhf.org/ CHULA VISTA 5.9 APPROVED AFTER RECEIVING PAYMENT FROM RHF TO FUND 55 UNIT HOUSING https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=944aad36-884f-4db9- 9b10-d7d50f634701&Agenda=PostMinutes&lang=English&Item=35&Tab=attachments AGENDA 5.9 https://pub- chulavista.escribemeetings.com/filestream.ashx?DocumentId=36854 EVERY CITY - CCDC PROFITS WHILE RIPPING OUT SUBURBS RUIN SINGLE FAMILY HOME COMMUNITY FOR HIGH RISE HOUSING Laurie Orange of Community Congregational Development Corporation CCDC is a Chula Vista nonprofit. Since 2013, has granted MONEY FROM TAX PAYERS $6.4 million to 22 local nonprofit and government agencies serving seniors in South Bay. https://www.sandiegouniontribune.com/caregiver/news-for-caregivers/story/2022-08- 11/local-nonprofit-surpasses-6-million-in-grants-distributed-to-support-south-bay- seniors CCDC has historically invested in affordable housing developments for seniors and older adults. In the last few years, we have started to fund pilot projects and the expansion of existing programs and services in the areas of transportation and social engagement, as well as housing- and transit-related infrastructure. https://www.ccdc4seniors.org/wp-content/uploads/2021/05/CCDC-Grant-Application- May-2021-Final.pdf Page 118 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Item 6.1 Alan C. – Received 1.22.2024 SLIDE 19-20 $5.7 MILLION ONLY 66 UNITS WILL NOT HELP 1000S OFF THE STREET TINY HOMES HIGHEST RENT EVER = MORE EXPENSIVE THEN LA JOLLA WHY IS A "NON PROFIT" FROM ANOTHER CITY PROFITING FROM TAX PAYERS? Tiny Home Chula Vista should be the prize only AFTER OBTAINING EMPLOYMENT which helps to prevent substance abuse. Any subsidized housing such as Palomar Hotel useless to prevent drug abuse of monitoring of the tenants behind locked doors. Anyone living in TAX FUNDED Subsidized "Affordable" Housing MUST pay their own rent to encourage breaking homeless cycle of never ending entitlement dependence. THE 90 DAY LIMIT AT TINY HOME OR ANY VOUCHER PROGRAM WORTHLESS WHEN HOMELESS GO BACK ON THE STREET; CITY CASE WORKERS MUST MONITOR TO ENSURE HOMELESS GAIN EMPLOYMENT TO BREAK THE HOMELESS CYCLE. https://www.chulavistatoday.com/local-news/long-beach-nonprofit-city-net-to- operate-chula-vistas-first-homeless-shelter/ -- Page 119 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Item 6.1 Alan C. – Received 1.22.2024 Alan Curry MAYOR - COUNCIL INVITE TO MEETINGS REP DAVID ALVAREZ SENATOR STEVE PADILLA STOP CRIME REPEAL PROP 47 PROP 57 Page 120 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Written Communications – Item 6.1 Alan C. – Received 1.22.2024 Page 121 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES Presented by: Item 6.1 HUD Federal Block Grant Funding Priorities for Fiscal Year 2024/25 Mark Barnard, Management Analyst II Page 122 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Anticipated 2024-2025 Funding Resources GRANT Approximate Amount Community Development Block Grant (CDBG)$2.4 Million Emergency Solutions Grant (ESG)$200,000 Home Partnership Act (HOME)$850,000 TOTAL $3.5 Million Page 123 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2020-2025 Funding Priorities ACTIVITY Page 124 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Timeline DATE ACTION February 1,2024 Notice of Funding Availability Release February 26,2024 Closes at the end of business day Applicant Question and Answer Period Submit to:mbarnard@chulavistaca.gov March 1,2024 No later than 4:00 pm Application Deadline March 1 –March 15,2024 Application Review Period April 9,2024 at 5:00 pm City Council Public Hearing City of Chula Vista;276 Fourth Avenue;Council Chambers April 3 -May 3,2024 30-Day Public Review Period Draft 2024/25 Annual Action Plan is made available to the public for public review and comments May 7,2024 City Council Final Action Plan is approved by Council City of Chula Vista Housing Office 276 Fourth Avenue,City Council Chambers May 15,2024 Final Action Plan submission to HUD July 1,2024 Implementation of 2024/2025 Annual Action Plan Page 125 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life Staff Contacts Chula Vista Federal Block Grant Contacts: •Mark Barnard: mbarnard@chulavistaca.gov •Dania Gonzalez: dgonzalez@chulavistaca.gov NOFA to be posted 2/3/24 on Chula Vista’s Housing Block Grant Webpage: Page 126 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 23, 2024 ITEM TITLE Policy, General Plan, and Chula Vista Municipal Code Updates: Growth Management Policies, Public Facilities Financing Plans, and Development Services Department Appeal Procedures Report Number: 24-0019 Location: Citywide Department: Development Services G.C. § 84308: Yes. 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 1) Adopt of a resolution amending the following: City’s Master Fee Schedule (General Planning Fees – Appeal filing fee); Chula Vista General Plan: Land Use Element, Housing Element, Environmental Element, and removal of the Growth Management Element; and the Chula Vista General Plan Implementation Plan 2) Place an Ordinance on first reading amending the following: Chula Vista Public Facilities Financing Plan Guidelines; Chula Vista Municipal Code: Title 1 (General Provisions), Title 9 (Public Peace, Morals, and Welfare), Title 10 (Vehicles and Traffic), Title 12 (Streets and Sidewalks), Title 15 (Buildings and Construction), Title 17 (Environmental Quality), Title 18 (Subdivisions), Title 19 (Planning and Zoning), Title 21 (Historic Preservation) (First Reading). SUMMARY This item proposes amendments to the General Plan, related policy documents, the Chula Vista Municipal Code (“CVMC”), and an update to Master Fee Schedule No. 14-100 (General Planning Fees) associated with project appeal filing fee amount. The changes are a result of the dissolution of the Growth Management Oversight Commission in November 2022 and procedural inconsistencies found in the CMVC related to appeal applications for Development Services items. Additionally, the item includes updates to the existing General Plan Implementation Plan, the Public Facilities Financing Plan Guidelines, and several titles of the Page 127 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 2 CVMC. The proposed changes are intended to provide the public and staff with consistency, predictability, and continue to streamline development requirements. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activities for compliance with CEQA and has determined that the activities are not a “Project” as defined under Section 15378 of the State CEQA Guidelines because they will not result in a significant physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activities are not subject to CE QA. Thus, no environmental review is required. If the activities described in this item are deemed to be a “Project”, the Director of Development Services has reviewed the proposed activities for compliance with CEQA and has determined that the actions qu alify for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The actions involve administrative updates to the CVMC relating to appeal processes for discretionary decisions and eliminating submittals that are already required for CEQA review, as well as updates to some City General Plan Elements to ensure compliance with State law. The actions of updating and modifying the CVMC and General Plan 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 and under State law. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC and the General Plan, the actions will not have a significant effect on the environment. Therefore, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Development Oversight Committee: The Development Oversight Committee is comprised of developers, business owners, community organizations, engineers, architects, and contractors. The Development Oversight Committee was provided with the proposed revisions and amendments at their meeting on September 27, 2023, and recommended approval. Planning Commission: On December 13, 2023, the Planning Commission voted 7-0 to adopt Resolution No. 2023-26 (Attachment 1), recommending that the City Council adopt an Ordinance approving the proposed amendments. DISCUSSION Growth Management Policies and Public Facilities Financing Plans Background On November 8, 2022, the City Council approved revisions to the General Rules and structure/scope for various City Boards and Commissions. Among the changes was the dissolution of the Growth Management Oversight Commission (“GMOC”). The GMOC was originally formed, in part, to provide an independent annual review of the effectiveness of the General Plan regarding development progress within the City. Additionally, annual reviews were conducted reviewing the implementation of the Growth Management Element of the General Plan and the Growth Management Program. Page 128 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 3 The dissolution of the GMOC resulted from the depletion of vacant land from east of Interstate 805 to the eastern city boundary, and the progression of building out previously approved Sectional Planning Areas (“SPAs”) since approximately 2014. The majority of the City is now planned for how it will grow. In addition, legislative actions signed by the Governor of California over the past five years make any growth management-related measures an impermissible barrier to increasing the supply of housing and in direct contradiction to State law(s). As a result, this item proposes to remove the remaining vestiges of the GMOC and related policies in the following documents: 1) the General Plan; 2) the General Plan Implementation Plan; 3) the City’s Public Facilities Financing Plan (“PFFP”) Guidelines; and 4) several titles within the CVMC. The following subsections summarize changes within each of the relevant policy documents. General Plan and Implementation Plan The General Plan has several elements which reference growth management or the GMOC. The proposed amendments to the General Plan include the removal of the General Plan Growth Management Element in its entirety, and removal of all references to the GMOC within the General Plan document and its Implementation Plan (Attachments 2-5). This action will bring the General Plan into alignment with the dissolution of the GMOC and State law. The changes also remove requirements for projects to conform with growth management thresholds as well as annual reporting of conformance with growth manageme nt practices. Both requirements are considered potential obstacles towards streamlining new development and are in direct conflict with State law(s). CVMC Chapter 19.92 Chapter 19.92 contains the requirements for projects to provide two types of reports: Air Quality Improvement Plans and Water Conservation Plans. These reports and their respective thresholds will be removed from the CVMC (Attachment 6). The purpose of the removal is that both reports are duplicative of submissions an applicant must provide during a proposed development project’s analysis with CEQA. While analyzing the CEQA impacts of a project, staff must analyze certain environmental impacts such as air quality, hydrology/water quality, biological and cultural resources, and transportation. To require the same types of reports through the Municipal Code is an unnecessary duplicative requirement. PFFP Guidelines Additionally, with the removal of air and water quality thresholds requirements in CVMC Chapter 19.92, there are ancillary clarifications to the submittal and preparation requirements contained in the PFFP Guidelines (Attachment 7). These minor clarifications will help further streamline the submittal and content requirements for PFFPs, how and when infrastructure improvements will be funded, and how amendments to adopted plans can be initiated. Appeal Procedures for Development Services Department Discretionary Decisions On March 7, 2023, the City Council adopted an ordinance amending various CVMC sections streamlining and clarifying permit processes and regulations. Within those changes included revisions to the appeals process for discretionary planning applications, including: Page 129 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 4 After a valid appeal application has been submitted, the City has thirty (30) calendar days to set the public hearing date. Additionally, that date shall occur within sixty (60) calendar days of receiving the valid appeal application. Allowing only one (1) appeal of a discretionary decision, with the decision of the body to which the original decision was appealed being final. All Development Services Department Appeals to Be Filed with City Clerk Currently, the CVMC does not indicate a centralized location for various types of appeals to be submitted and received. Some appeals are to be submitted to the Development Services Department (“DSD”), while others are to be submitted to the City Clerk’s office. This has created situations where appellants are confused as to where to submit their appeal, as well as confusion for City Staff. This update allows the City to provide a clear, consistent, and predictable process for the filing and acceptance of all appeals associated with DSD decisions. Staff is proposing amendments to several CVMC titles to reflect that all appeal applications are to be submitted and processed through the City Clerk’s Office. In addition, the Master Fee Schedule would be amended to reflect an increase in the appeal filing fee from $250 to $500 (Attachment 9). This change will cover staff’s time processing these types of applications and provide both consistency and predictability for would-be appellants. This update will assist DSD staff in providing clear and consistent messaging on how and where an appellant may file their project appeal. Levels of Review Authority The CVMC currently provides for a confusing set of review levels for different kinds of decisions that can be appealed. For example, CVMC Section 19.14.050(B) states anyone who disagrees with a Zoning Administrator decision, “may appeal such ruling to the Planning Commission.” However, the next section (19.14.100) relating to Conditional Use Permits states, “[t]he applicant or other interested persons may appeal the decision of the Zoning Administrator to the City Council.” To create consistency and predictability, and to reflect the existing levels of authority granted by the City Council to lower reviewing bodies (namely, the Planning Commission and Zoning Administrator), Staff is recommending codifying the hierarchy of decision-maker levels. If approved, this change would make any and all decisions of the Zoning Administrator appealable to the Planning Commission, and any decisions made by the Planning Commission appealable to the City Council. Whether a decision is appealed from the Zoning Administrator to the Planning Commission or a Planning Commission decision to the City Council, the second decision shall be the final decision on a development project. 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. Page 130 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 5 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 on the General Fund or the Development Services Fund as a result of this action. ATTACHMENTS 1 – Planning Commission Resolution 2023-26 2 – Draft Amendments to General Plan Land Use Element 3 – Draft Amendments to General Plan Housing Element 4 – Draft Amendments to General Plan Environmental Element 5 – Draft Amendments to General Plan Implementation Plan 6 – Draft Amendments to CVMC Chapter 19.92 7 – Draft Amendments to PFFP Guidelines 8 – Draft Amendments to CVMC Titles 1, 9, 10, 12, 15, 17, 18, 19, and 21 9 – Draft Amendment to Master Fee Schedule No. 14-100 Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services Laura C. Black, AICP, Director of Development Services Page 131 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE GENERAL PLAN PERTAINING TO THE DISSOLUTION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION, AND THE MASTER FEE SCHEDULE NO. 14-100 (GENERAL PLANNING FEES) TO INCREASE THE SUBMITTAL FEE FOR APPEAL APPLICATIONS WHEREAS, on November 8, 2022, the City Council approved revisions to the General Rules and structure/scope for various City Boards and Commissions, including the dissolution of the Growth Management Oversight Commission (“GMOC”); and WHEREAS, parts of the Chula Vista General Plan were in need of amendments as a result of the GMOC’s dissolution and to streamline residential development within the City; and WHEREAS, appeals of a discretionary decision regarding a planning application require the timely scheduling of a public hearing within a specified, legal timeframe; and WHEREAS, a separate municipal code amendment package will also amend several Chula Vista Municipal Code (“CVMC”) Titles to reflect that all such appeal applications are to be submitted and processed through the City Clerk’s Office; and WHEREAS, in order to achieve full and equitable cost recovery for services, the Council wishes to amend Master Fee Schedule No. 14-100 (General Planning Fees) to increase the submittal fee related to appeal filing fee, as set forth in Exhibit 1, attached hereto and incorporated herein by reference as if set forth in full; and WHEREAS, the proposed increased appeal fee does not exceed the estimated reasonable cost of providing the associated services; and WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate to increase any levy, charge, or exaction imposed by a local government, unless specifically exempted; and WHEREAS, the proposed fees are exempt from the vote requirement pursuant to Sections 1(e)(2) and 1(e)(3) of Article XIII C of the California Constitution; and WHEREAS, staff presented the proposed CVMC amendment regarding the amendments to the General Plan, and, increased fees related to appeal applications for a discretionary decision relating to a planning application to the Development Oversight Committee on September 27, 2023, which recommended adoption; and Page 132 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Resolution No. __________ Page 2 WHEREAS, the Planning Commission held a duly noticed public hearing on December 13, 2023 at 6pm on the subject Ordinance and voted 7-0-0 to adopt Resolution No. 2023-26 regarding the amendments to the General Plan and its Implementation Plan, and, increased fees related to appeal applications for a discretionary decision relating to a planning application, and thereby recommends that the City Council adopt this Resolution; and WHEREAS, the proposed amendments to the General Plan and Master Fee Schedule shall become effective upon adoption of this Resolution by the City Council; and WHEREAS, the Director of Development Services has reviewed the proposed activities described in the related Staff Report for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the subject activities are not a “Project” as defined under Section 15378(b)(1) of the State CEQA Guidelines because the proposed activities consist of updates and modifications to the City’s Master Fee Schedule and General Plan related to state law compliance and ministerial adjustments for consistency purposes that will not result in a significant physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. The City’s Planning Commission concurs with this determination; and WHEREAS, if the activities described in the related Staff Report for this matter are deemed to be a “Project”, then the Director of Development Services has reviewed the proposed activities for compliance with CEQA and has determined that the actions qualify for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action partially involves updates to some City General Plan Elements to ensure compliance with State law. The actions of updating and modifying the General Plan 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 and under State law. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC and the General Plan, the actions will not have a significant effect on the environment. The City Planning Commission concurs with this determination; and WHEREAS, the City Council set the time and place for a hearing on the subject General Plan and Master Fee Schedule 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; and WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the hearing was held to consider said General Plan and Master Fee Schedule amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend the City’s General Plan, General Plan Implementation Plan, and Master Fee Schedule No. 14-100 (General Planning Fees), pertaining to the dissolution of the GMOC and to increase the submittal fee related to appeal applications, as set forth in Exhibit 1 to this Page 133 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Resolution No. Page 3 Resolution. The amendments shall become effective upon adoption of this Resolution by the City Council. The City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings does hereby also adopt all findings made by the Planning Commission, which are attached hereto and incorporated herein by this reference, as if said findings were their own (Attachments 1, 2, 3, 4, and 5). Presented by Approved as to form by Laura C. Black, AICP Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney Attachments: 1 – Master Fee Schedule 14-100 2 – Draft Amendments to General Plan Land Use Element 3 – Draft Amendments to General Plan Housing Element 4 – Draft Amendments to General Plan Environmental Element 5 – Draft Amendments to General Plan Implementation Plan Page 134 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 1 ORDINANCE NO. _________ ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENTS TO POLICY DOCUMENTS AND THE CHULA VISTA MUNICIPAL CODE PERTAINING TO THE DISSOLUTION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION AND APPEAL PROCEDURES FOR DISCRETIONARY PLANNING APPLICATIONS, AND AMENDMENTS TO THE PUBLIC FACILITIES FINANCING PLAN GUIDELINES. WHEREAS, on November 8, 2022, the City Council approved revisions to the General Rules and structure/scope for various City Boards and Commissions, including the dissolution of the Growth Management Oversight Commission (“GMOC”); and WHEREAS, parts of the Chula Vista Municipal Code (“CVMC”) and the City’s Public Facilities Financing Plan (“PFFP”) Guidelines were in need of amendment s, both resulting from the GMOC’s dissolution and to streamline residential development within the City; and WHEREAS, necessary amendments to the CVMC have been identified to help further clarify permit processes and regulations; and WHEREAS, City Staff has identified several titles within the CVMC in need of a consistent application process by which to appeal discretionary planning applications such as Design Review Permits, Conditional Use Permits, Variances, etc.; and WHEREAS, Staff presented the proposed revisions to the City General Plan, CVMC, PFFP amendments to the Development Oversight Committee on September 27, 2023, which recommended adoption; and WHEREAS, the Planning Commission held a duly noticed public hearing on the subject Ordinance on December 13, 2023 at 6pm and voted 7-0-0 to adopt Resolution No. 2023-26 and thereby recommends, together with City Staff, that the City Council adopt an Ordinance amending CVMC Chapter 19.92 regarding the City’s PFFP Guidelines, and CVMC Titles 1, 10, 12, 15, 17, 18, 19, and 21; and WHEREAS, the Director of Development Services has reviewed the proposed activities described in the related Staff Report for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the subject activities are not a “Project” as defined under Section 15378(b)(1) of the State CEQA Guidelines because the proposed activities consist of updates and modifications to the CVMC related to state law compliance and ministerial adjustments for consistency purposes that will not result in a significant physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. The City Planning Commission concurs with this determination; and Page 135 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 2 WHEREAS, if the activities described in the related Staff Report for this matter are deemed to be a “Project”, then the Director of Development Services has reviewed the proposed activities for compliance with CEQA and has determined that the actions qualif y for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The actions involve administrative updates to the CVMC relating to appeal processes for discretionary decisions and eliminating submittals that are already required for CEQA review. The actions 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 and under State law. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, the actions will not have a significant effect on the environment. The City’s Planning Commission concurs with this determination; and WHEREAS, the City Council set the time and place for a hearing on the subject 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; and WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the hearing was held to consider said amendments and Ordinance at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed. 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 and PFFP Guidelines identified or addressed in this Ordinance are not a “Project” as defined under Section 15378(b)(1) of the State CEQA Guidelines because the proposed activities consist of updates and modifications to the CVMC related to state law compliance and ministerial adjustments for consistency purposes that will not result in a significant physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activities are not subject to CEQA. Further, if the activities described in the related Staff Report for this matter are deemed to be a “Project”, then the actions qualif y for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The actions involve administrative updates to the CVMC relating to appeal processes for discretionary decisions and eliminating submittals that are already required for CEQA review. The actions 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 and under State law. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, the actions will not have a significant effect on the environment. The City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings does hereby also adopt all findings made by the Planning Commission, which are attached hereto and incorporated herein by thi s reference, as if said findings were their own (Attachment 1), and approve the changes to the City’s PFFP Guidelines, and CVMC Titles 1, 10, 12, 15, 17, 18, 19, and 21, to read as written below. Page 136 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 3 Section I. CVMC Section 01.05.090 is hereby amended as follows: Section 1.50.090: Appeal of determination. Within 10 business days of the issuance of a written determination, the applicant or other interested party may file an appeal on forms provided by the Development Services Department with the City Clerk’s Office, from the determination of the Zoning Administrator or other discretionary reviewing authority to the City Council, in compliance with CMVC Chapter 19.14.. Said appeal shall specify therein that the decision of the Zoning Administrator was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. An applicant may also request reasonable accommodation in the procedure by which an appeal will be conducted. If an applicant needs assistance in filing an appeal, the City Clerk’s Office shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant. Section II. CVMC Section 9.40.030 is hereby amended as follows: Section 9.40.030: Application for conversion or discontinuance of mobilehome or trailer park. [Section 9.40.030 A thru C. remains unchanged.] D. Appeal From the Decision From the Director of Development Services, or Designee. 1. An appeal from the decision of the 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 60 calendar days following the decision of the Director of Development Services, or designee. 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 forms provided by the Development Services Department and filed with the City Clerk. The appeal shall specify wherein there was an error in the decision of the Director of Development Services, or designee. Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. 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. Page 137 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 4 2. Upon the filing of the appeal, the City Clerk’s Office shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. 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 business days prior to the date of the hearing; b. By mailing notices at least 10 business 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 Director of Development Services, or designee, subject to the same limitations as are placed upon the 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. [Section 9.40.030 E thru G. remains unchanged.] Section III. CVMC Section 10.84.020 is hereby amended as follows: Section 10.84.020: Parking prohibited on portions of private property. [Section 10.84.020 A thru C. remains unchanged.] 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 may appeal the decision of the Zoning Administrator to the Planning Commission. Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected Page 138 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 5 and not processed by the City. The appeal shall be on a form provided by the Development Services Department and filed in writing with the City Clerk’s Office within 10 business days of the Administrator’s action and accompanied by the required appeal fee(s). Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Unmounted campers and camper shells may not be placed in the front yard, driveway, or unscreened (by solid six-foot-high fence or hedge) exterior side yard setback area for a period of more than 72 hours. Section IV. CVMC Section 12.24.110 is hereby amended as follows: Section 12.24.110: Installation of public improvements – Appeal of Director of Development Services’ ruling – Application and fees. If the Director of Development Services denies the request for a waiver of obligation to install improvements, a written application for appeal on forms provided by the Development Services Department shall be filed with the City Clerk’s Office to appeal such denial and shall be accompanied by the required appeal fee(s). Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. The appeal shall be heard by the Planning Commission. Said application must be filed within 10 business days from the date on which the Director of Development Services made their ruling, be accompanied by the required appeal fee, and include a written statement specifically describing all of the bases of the appeal and shall provide supporting documentation. Following the filing of a complete application, including all associated fees, the City Clerk’s Office shall notify the Director of Development Services who shall take no longer than 30 calendar days to set a hearing before the Planning Commission at a regularly scheduled meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the Page 139 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 6 appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Section V. CVMC Section 15.04.260 is hereby amended as follows: Section 15.04.260: Appeals – Time limit for filing – Form. An interested party may appeal to the Planning Commission from any decision of the City Engineer within 10 business days after said decision. Appeals shall be in writing and shall state the specific nature of the appeal. Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Appeals shall be on forms provided by the Development Services Department and filed with the City Clerk’s Office and accompanied by the required appeal fee(s). Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Section VI. CVMC Section 17.28.040 is hereby amended as follows: Section 17.28.040: Lighting plans – Approval required when. All lighting plans in multiple-family, commercial and industrial zones shall be submitted to the Zoning Administrator for approval prior to installation thereof. Should the City disapprove of the plans, a written appeal by an interested party shall be on forms provided by the Development Services Department and filed with the City Clerk’s Office and accompanied by the required appeal fee(s). Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the Page 140 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 7 valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Section VII. CVMC Section 18.16.220 is hereby amended as follows: Section 18.16.220: Approval – Appeal. The decision of the Director of Development Services and the City Engineer may be appealed by an interested party to the Planning Commission. A written notice of appeal shall be on forms provided by the Development Services Department and must be filed with the City Clerk’s Office and accompanied by the required appeal fee(s) within 10 business days of the date the Planning Commission was noticed that the final map was under review for final approval. Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Section VIII. CVMC Section 18.18.090 is hereby amended as follows: Section 18.18.090: Appeals from determinations – Procedure. 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 appeal the determination within 10 business days to the Planning Commission by filing a written statement on forms provided by the Development Services Department with the City Clerk’s Office and accompanied by the required appeal fee(s) stating with specificity all of the reasons for appeal and providing supporting evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the Page 141 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 8 appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Section IX. CVMC Section 18.20.210 is hereby amended as follows: Section 18.20.210: Approval – Appeal – Procedure. 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 appeal the determination within 10 business days to the Planning Commission by filing a written statement on forms provided by the Development Services Department with the City Clerk’s Office stating, with specificity, all of the reasons for appeal (with supporting evidence), and accompanied by the required appeal fee(s). Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Section X. CVMC Section 19.12.070 is hereby amended as follows: Section 19.12.070: Hearings – Notice required – Methods and additional contents of notice. Notices of the time, place and purpose of such hearing shall be given in the following manner: A. By at least one publication in a newspaper of general circulation in the City as provided in the Charter, not less than 10 business days prior to the date set for hearing; B. By mailing a postal card or letter to all of the owners of property within 500 feet of the exterior boundary of the property involved, as well as the owner of the subject property, said owners being established for this purpose by an examination of the assessment records held in the office of the City Clerk; provided, however, that in such cases where the ownership has recently changed and such knowledge is available to the Development Services Director, notice shall also be sent in this Page 142 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 9 manner to the current occupants of said property. The notice boundary may be increased at the discretion of the Development Services Director; or C. In certain instances where mailed notice of hearing is deemed to be impractical, notice may be effected by posting upon the subject property, and within the area of the subject property, a notice bearing the same information as contained in the notice to be mailed. Said notice shall be mailed or posted at least 10 business days prior to the date set for the public hearing, and the Development Services Director or his authorized representative shall sign an affidavit of mailing to be held in the record. It is further provided that no defect or irregularity in the giving of such notice shall invalidate the public hearing if said interested parties receive actual notice by any other means and are aware of the matter to be considered at the public hearing. D. Notices shall be mailed to any individuals who have requested in writing to be provided public notices. A fee, in the amount as presently designated or as may be in the future amended in the master fee schedule, shall accompany each request. Section XI. CVMC Chapter 19.14 is hereby amended as follows: Section 19.14.050: Public hearing – Mandatory when – Consolidation of public hearings for multiple permit applications. A. The Zoning Administrator may, at her/his option, refer any of the matters on which she/he is authorized to rule and/or issue a permit to the Planning Commission for review. In addition, a project applicant may request that any such matter be referred directly to the Planning Commission for action. In such cases, a public hearing as provided herein shall be mandatory. B. An interested party who disagrees with the ruling of the Zoning Administrator may appeal such ruling to the Planning Commission within 10 business days from the date on which the decision was made. Said appeal shall be in writing, accompanied by the required appeal fee(s), and filed with the City Clerk upon forms provided by the Development Services Department and shall specify therein that the decision of the Zoning Administrator was in error and identify the facts and circumstances on which the claim of error is based, with supporting evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If an appeal is filed within the time limit specified, it shall automatically stay the proceedings in the matter until a determination is made by the Planning Commission. Upon the filing of the appeal, the City Clerk’s Office shall notify the Director of Development Services who will set the matter for public hearing, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The Zoning Administrator shall transmit to the Planning Commission a copy of its decision and findings, minutes of the hearing and all other evidence, maps, papers and exhibits upon which the Zoning Page 143 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 10 Administrator made its decision. The hearing on said appe al shall be processed by the City Clerk in the same manner as a permit within the original jurisdiction of the Zoning Administrator. In such cases, a public hearing as provided herein shall be mandatory. Once a valid, written application for appeal has been filed, the City Clerk’s Office shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable t ime thereafter. The decision of the Planning Commission shall be final. C. When an applicant applies for more than one permit or other approval for a single development, the applications shall be consolidated for processing and shall be reviewed by a single decision maker or decision-making body. The consolidated application shall be heard by the decision maker or decision-making body associated with the highest level action among the applications to be considered. The findings required for approval of each permit shall be considered individually, consistent with CVMC 19.14.080, 19.14.190 and/or 19.14.582(E) as applicable. For projects subject to design review and that are consolidated to a higher decision- making level, one member of the Planning Commission with design expertise may advise the staff on the design aspects of the project prior to the public hearing. The recommendations will be included in the staff report to the highest level decision- making body. Section 19.14.100: Conditional use permit – Appeals of the Zoning Administrator decision – Procedure generally. The applicant or other interested persons may appeal the decision of the Zoning Administrator to the Planning Commission within 10 business days from the date on which the decision was made. Said appeal shall be in writing, accompanied by the required appeal fee(s), and filed with the City Clerk upon forms provided by the Development Services Department and shall specify therein that the decision of the Zoning Administrator was in error and identify the facts and circumstances on which the claim of error is based, with supporting evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If an appeal is filed within the time limit specified, it shall automatically stay the proceedings in the matter until a determination is made by the Planning Commission. Upon the filing of the appeal, the City Clerk’s Office shall notify the Director of Development Services who will set the matter for public hearing, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The Zoning Administrator shall transmit to the Planning Commission a copy of its decision and findings, minutes of the hearing and all other evidence, maps, papers and exhibits upon which the Zoning Administrator made its decision. The hearing on said appeal shall be processed by the City Clerk in the same manner Page 144 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 11 as a conditional use permit within the original jurisdiction of the Zoning Administrator. Upon the filing of the valid appeal, the City Clerk’s Office shall take no longer than 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 60 calendar days from the application’s filing date If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision on the appeal by the Planning Commission shall be final. Section 19.14.110: Conditional use permit – Appeals of Planning Commission decision – Form – Contents – Effect of filing. The applicant or other interested person may appeal from the decision of the Planning Commission granting or denying any conditional use permit within their jurisdiction, to the City Council within 10 business days from the date on which the decision was made. Said appeal shall be in writing, accompanied by the required appeal fee(s), and filed with the City Clerk upon forms provided by the Development Services Department and shall specify therein that the decision of the Planning Commission was in error and specifically identify all of the facts and circumstances on which the claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. 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. Where an application is neither approved nor denied by the Planning Commission due to a failure to achieve a majority vote, the applicant shall have the right to a rehearing at the next Planning Commission meeting with an opportunity to appeal the decision of the rehearing to the City Council, or may appeal directly 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 19.14.130: Conditional use permit – Appeals – City Council action – Resolution contents and transmittal. 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 subject to the same limitations and requirements of findings as are placed upon the Planning Commission by this chapter. The resolution must contain a finding of facts showing wherein the conditional use meets or fails to meet the requirements of CVMC 19.14.080. The decision by the City Council on the appeal Page 145 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 12 is final. Not later than 10 business days following the adoption of said resolution, the City Clerk shall transmit a copy of the resolution and finding to the Director of Development Services and shall mail a copy to the applicant. Section 19.14.180: Variance – Public hearing – Procedure – Notice required. Except for applications for limited relief as described in CVMC 19.14.030(B), a public hearing for a variance shall be held by the Zoning Administrator in the following manner: The Zoning Administrator shall publish a notice of hearing in a newspaper of general circulation in the City not less than 10 business days prior to the date of said hearing. In addition to the notice in the newspaper, notice of hearing may be made, at the option of the Zoning Administrator, by mail to owners of record of surrounding property within 500 feet of the property for which said variance is requested. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken. Section 19.14.210: Variance – Zoning Administrator authority – Notice of action. The Zoning Administrator may approve said variance, may grant said variance subject to specified conditions, or may deny said variance. The Zoning Administrator shall notify the applicant within 10 business days of action taken. Section 19.14.240: Variance – Appeals – Procedure generally – Effect of filing – Public hearing. An interested party may appeal the decision of the Zoning Administrator to the Planning Commission, within 10 business days from the date on which said decision was made. Said appeal shall be written and filed with the City Clerk’s Office on forms provided by the Development Services Department, and shall specify therein that the decision of the Zoning Administrator was in error and specifically identify all of the facts and circumstances on which claim of error is based (supported by evidence), and shall be accompanied by the required appeal fee(s). Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who will take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting, and in compliance with noticing requirements set forth herein in CVMC 19.12.070 and 19.12.080. The meeting date shall also be no more than 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled Page 146 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 13 within a reasonable time thereafter. The decision of the Planning Commission shall be final. Where an application for a variance is included in a consolidated hearing and is neither approved nor denied by the Planning Commission, due to failure to achieve a majority vote, the applicant shall have the right to a rehearing at the next Planning Commission meeting. All other proceedings pertaining to appeals shall continue to apply. Section 19.14.270: Procedures for enforcing conditional use permits and variances. [Sections 19.14.270 A. through G. remain unchanged.] H. Right of Appeal. Within 10 business days after the notice of the written decision is filed, unless the date is waived by the appellate body upon a showing of good cause, any interested party who participated in the public hearing or the Director of Development Services may appeal the written decision to the appropriate appellate body as follows: 1. If the permitting authority is the Zoning Administrator, appeal shall be filed with the Planning Commission; 2. If the permitting authority is the Planning Commission, an appeal shall be filed with the City Council; 3. If the permitting authority is the City Council, no further appeal is available. [Sections 19.14.270 I. through K. remain unchanged.] L. Any written decision regarding an appeal shall be final on the eleventh day after its filing, unless an appeal is timely filed, if such an appeal is available to an issuing body, or a waiver is obtained. All written decisions issued by the City Council shall become final when notice of such written decision is filed. M. After the written decision becomes final, it shall be filed with the Director of Development Services and a copy may be filed with the county recorder of San Diego County. Uses and structures must be brought into compliance with the final decision or otherwise brought into compliance with the underlying zone. Where a variance or conditional use permit is revoked, it shall become void. Section 19.14.370: Planned unit development – Public hearing – Time – Notice required. A public hearing shall be held by the Planning Commission and City Council as provided herein: Page 147 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 14 A. Such hearing before the City Council shall be set for public hearing by the City Clerk within 30 calendar days. The meeting date shall also be no more than 60 calendar days after the Planning Commission’s action; B. The secretary of the Commission and City Clerk shall publish notice of hearings in a newspaper of general circulation in the City not less than 10 business days prior to the date of said hearings. Failure of owners to receive notice of hearings shall in no way affect the validity of action taken. 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 cop y 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 City Clerk’s Office for a hearing before the Planning Commission. In the absence of such request being filed within 10 business days after determination by the Zoning Administrator, the determination shall be final. B. A written appeal shall be filed by the applicant or an interested party with the City Clerk’s Office on a form required by the Development Services Department, and to be accompanied by the nonrefundable required fee therefor. The appeal shall include a statement of the specific reasons and evidence supporting the appeal, including a demonstration that any issues being raised were raised before the Zoning Administrator. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. C. Upon the hearing of an appeal, the Planning Commission may, by resoluti on, 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 Page 148 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 15 chapter. A copy of the decision resolution of the Planning Commission shall be filed with the Development Services Department and mailed to the applicant. The decision of the Planning Commission shall be final. Section 19.14.486: Landscape plan approval – Application – Accompanying documents – Fee. A. Applications for landscape plan approval shall be made to the Zoning Administrator and shall be accompanied by the drawings and information prescribed by the landscape manual, or other landscape regulations. Each application shall also be accompanied by the required filing fee(s). B. Appeal. The Zoning Administrator shall approve, conditionally approve or deny landscape plans. An interested party may appeal a denial or conditions imposed upon approval by filing a written appeal to the City Clerk’s Office, 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 Development Services Department, accompanied by the required fee(s), and shall specify therein the action(s) of the Zoning Administrator is inconsistent with the landscape manual and/or other applicable ordinances, manuals or policies of the City, with supporting evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The Planning Commission may grant, conditionally grant, or deny the appeal. The decision of the Planning Commission 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. In any R zone, a customary home occupation may be permitted subject to a home occupation permit granted by the Development Services Director which is merely incidental and secondary to residence use. Each such permit shall be accompanied by the required filing fee(s). The following are typical home occupations: fine arts, handicrafts, dressmaking, millinery, laundering, preserving, home cooking, route salesman; or office of a doctor, dentist, lawyer, architect, engineer, teacher or member of another recognized profession. The home occupation shall not: Page 149 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 16 [Sections 19.14.490 A. through C. remain unchanged.] 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 upon violation of any requirement of this chapter, or of any condition 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, an interested party may then appeal the determination within 10 business days to the Planning Commission by filing a written statement on forms provided by the Development Services Department with the City Clerk’s Office, and accompanied by the required appeal fee(s),, stating with specificity all of the reasons for appeal, and supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who will take no longer than 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 60 cal endar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing s hall be scheduled within a reasonable time thereafter. 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. Section 19.14.573: Precise plan approval – Public hearings. A public hearing shall be held by the Planning Commission and City Council as provided herein: A. The hearing before the City Council shall be set by the City Clerk within 30 days after Planning Commission action. B. The secretary of the Planning Commission and City Clerk shall publish notice of hearings in a newspaper of general circulation in the City not less than 10 Page 150 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 17 business days prior to the date of said hearings. Failure of owners to receive notice of hearings shall in no way affect the validity of action taken. Any requested exceptions to the requirements of the underlying zone shall be specified in the public hearing notice. 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 designee, the proposed changes are significant in scope, the applicant will be notified within 10 business days of the written request that a new application and hearing will be required. Section 19.14.588: Design review – Appeal procedure. A. An interested party may file an appeal from the decision of the Zoning Administrator to the Planning Commission within 10 business days after the decision is made. The appeal shall be in writing and filed with the City Clerk’s Office on forms provided by the Development Services Department for the appeal, and accompanied by the required appeal fee(s), and shall specify therein all of the arguments against the decision of the Planning Commission, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. 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. [Section 19.14.588 B. remains unchanged.] Page 151 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 18 Section XII. CVMC Section 19.52.040 is hereby amended as follows: Section 19.52.040: Procedures following Planning Commission decision – Appeals. A. After decision by the Planning Commission, copies thereof shall be mailed to the applicant and to any party filing a written notice therefor with the secretary of the Commission or the Director of Development Services, and the application and any supporting documents, together with the written decision of the Planning Commission, shall be forwarded to the City Clerk’s Office. Once a valid application for appeal has been filed, the City Clerk shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. B. If the applicant or any other interested party is dissatisfied with the decision of the Planning Commission, such person may file a notice of appeal within 10 business days from the date such notification of the Planning Commission’s decision was mailed to the applicant. Such notice of appeal shall be filed on forms provided by the Development Services Department with the City Clerk and accompanied by the required appeal fee(s). Such appeal shall be in writing and shall specifically state all bases for why the appellant contends the Planning Commission’s decision was in error, and his reasons therefor, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Section XIII. CVMC Section 19.58.430 is hereby amended as follows: 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 Page 152 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 19 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 decision of the Zoning Administrator may be appealed. Such appeal shall be directed to the Planning Commission and must be filed in writing on forms provided by the Development Services Department with the City Clerk’s Office within 10 business days after the decision is made, as provided in CVMC 19.14.100, and accompanied by the required appeal fee(s). Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If a valid appeal application is received within the time limit, the City Clerk’s Office shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. 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. Section XIV. CVMC Section 19.60.810 is hereby amended as follows: Section 19.60.810: Processing of applications. [Sections 19.60.810 A. through F. remain unchanged.] G. Appeals. All sign permit applications shall be initially reviewed by the Zoning Administrator. An interested party may appeal any sign related decision to the Planning Commission. A written notice of appeal on forms provided by the Development Services Department and accompanied by the required appeal fee(s), must be filed with the City Clerk’s Office within 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. Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who Page 153 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 20 will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The appellate body must conduct a hearing and consider evidence, and render a written decision. The 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. [Sections 19.60.810 H. through K. remain unchanged.] Section XV. CVMC Section 19.66.220 is hereby amended as follows: 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 10 business days following said action. In the absence of such appeal, the Zoning Administrator’s determination shall be final. Any such appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If a valid application for appeal on forms provided by the Development Services Department has been filed with the City Clerk’s Office and accompanied by the required appeal fee(s), the City Clerk’s Office shall notify the Director of Development Services who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Section XVI. CVMC Section 19.83.009 is hereby amended as follows: Section 19.83.009: Public hearing on appealable developments. At least one public hearing shall be held on application for an appealable development, thereby affording any persons the opportunity to appear at the hearing and inform the City of the nature of his or her concerns regarding the project. Such Page 154 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 21 hearing shall occur no earlier than 10 business days following the mailing of the notice required in CVMC 19.83.008 and shall normally be conducted by the Development Services Director or his/her designee. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons, including the applicant, an opportunity to appear and present their viewpoints, either orally or in writing. The hearing officer’s decision may be appealed to the City Council within 10 business days following the hearing officer’s decision. Said appeal shall be processed by the City Council in the same manner as a public hearing on appealable development described in this section. Section XVII. CVMC Section 19.89.080 is hereby amended as follows: Section 19.89.080: Abandonment. [Section 19.89.080 A. remains unchanged.] 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 on forms provided by the Development Services Department to the City Clerk’s Office, and accompanied by the required appeal fee(s), the determination of abandonment within 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, and supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the Page 155 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 22 appeal hearing shall be scheduled within a reasonable time thereafter. The 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 19.89.080 C. remains unchanged.] Section XVIII. CVMC Chapter 19.92 is hereby amended as follows: Section 19.92.010: Purpose/intent. The purpose and intent of this chapter is to establish compliance mechanisms and standards to ensure public Facilities, infrastructure and services will exist, or concurrently be provided, to meet the demands of infrastructure and climate protection generated by new Development. Section 19.92.020: Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended: “Development” means any land use, building or other alteration of land and construction incident thereto. “Director of Development Services” or “Director” means the Director of the City’s Development Services Department or their designee. “Discretionary Planning Approval” means any permit, entitlement or approval issued under the authority of the zoning and subdivision titles of this Code, and any legislative actions such as Zone Changes, General Plan Amendments, Sectional Planning Area (SPA) Plans or General Development Plan approvals or amendments. “Facilities” means any schools, public safety facilities, infrastructure, civic buildings, corporation yards, park/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be identified in a Public Facilities Financing Plan. “Facility Master Plan” means any adopted master plan for future facility needs, including, but not limited to: sewer, drainage, water, transportation, police, fire and emergency services, libraries, and parks. Page 156 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 23 “Project” means the activity for which either an application for a Sectional Planning Area (SPA) Plan, a Tentative Map (TM), a Conditional Use Permit (CUP), or a similar activity has been or is required to be submitted and which may be subject to discretionary approvals by the City. “Public Facilities Financing Plan (PFFP)” means a Project-specific Public Facilities Financing Plan prepared and approved in accordance with CVMC 19.92.030 through 19.92.120. “SPA Plan” means a Sectional Planning Area Plan, as prescribed in Chapter 19.48 CVMC. “Substantial Compliance” means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. Section 19.92.030: Requirements for public facilities financing plans (PFFP) A. Public Facilities Financing Plans. No application for a SPA Plan, or, if a SPA Plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a PFFP which has been approved by the City; or 2. A PFFP, that includes the Project, has already been initiated; or 3. The applicant initiates the preparation of a PFFP. The PFFP may be waived by the City Council upon a showing that there are no public facilities, infrastructure and service needs warranting the preparation of a PFFP. B. No SPA Plan, nor any Tentative Map, shall be approved, or deemed approved, without an approved PFFP To provide consistency and implementation of said plan, the City Council may impose any condition to the approval of a SPA Plan or Tentative Map necessary to implement the PFFP or the [Facility Master Plans.] C. No Final Map shall be approved until all the conditions of the PFFP have been met, or the Project applicant has provided adequate security to the City that said plans will be implemented. D. No other discretionary planning approvals shall be granted unless the City Council finds that the Project is consistent with an approved PFFP and the Facility Master Plans. Page 157 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 24 E. No building permit shall be issued unless the permit is consistent with any applicable PFFP and all applicable fees, including, but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the City Council , have first been paid or provision for their payment has been made to the satisfaction of the City Council. F. No Development shall occur in a PFFP area if the demand for any public facilities, infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to completion of Development unless the means, schedule and financing for increasing the capacity are established through the execution of a binding agreement providing for installation and maintenance of such Facilities or improvements in advance of the City’s phasing schedule. Section 19.92.050: Public facilities financing plan (PFFP) contents. The required contents of a Public Facilities Finance Plan (PFFP), including a fiscal impact analysis, shall be prescribed by the Director of Development Services. Unless there are non-economic benefits to the City or other overriding circumstances, the fiscal analysis/economic impact report shall be provided for each proposed Project, and, the Project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. Section 19.92.060: Public facilities financing plan (PFFP) preparation. A. A PFFP may be processed concurrently with the SPA Plan or Tentative Map. B. A PFFP may be initiated by filing an application with the Director of Development Services. The applicant shall pay a deposit at the time any application for a PFFP is accepted to cover the City’s costs for reviewing the plan. C. A PFFP for a Project shall be prepared by the applicant and its qualified consultants, according to the procedures established by this chapter. D. The cost of PFFP preparation shall be borne by the applicant. Section 19.92.080: Public facilities financing plan (PFFP) implementation. A. The Director of Development Services shall ensure that PFFPs are prepared for all SPA Plans and Tentative Maps or equivalent Projects pursuant to Chapter 19.48 CVMC. Page 158 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 25 B. In the event that the Director of Development Services or their designee finds that the Project is not in Substantial Compliance with the PFFP as modified or amended, the developer may be deemed to be in default and the corresponding discretionary permit approval may be affected. Section 19.92.090: Public facilities finance plan (PFFP) amendment. A. Adoption of a PFFP does not establish any entitlement or right to any particular General Plan or zoning designation or any particular development proposal. B. If the Director of Development Services determines that such events or changed circumstances adversely affect the health, safety or welfare of the City, the City may require the amendment, modification, suspension, or termination (hereinafter “change”) of an approved PFFP. If the City requires such change, the City shall (1) give notice to applicant or owner of (a) the City’s intended action to change the PFFP, and (b) the reasons and factual basis for the City’s determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a City Council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the City shall find that (1) the circumstances were unknown or that the circumstances have changed; and (2) the health, safety or welfare of the community requires the change of the PFFP. This provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the Development of the property. If, after notice and hearing, the Council determines that a deficiency exists, then prior approval of the associated discretionary action may be affected until an amendment to the applicable PFFP mitigating the deficiency is approved by the City Council. C. The City Council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate Facilities and improvements and subsequent permits will be conditioned on conformance. Section 19.92.130: Implementing procedures. The City Council may adopt any procedures it deems necessary to implement this chapter. Section 19.92.140: Council actions, fees, notice. A. Whenever this chapter requires or permits an action or decision of the City Council, that action or decision shall be accomplished by resolution and/or ordinance, as appropriate. Page 159 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 26 B. The City Council shall establish application and processing fees for th e submission and processing of Public Facilities Financing Plans (PFFPs). C. Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the project applicant and owners shown on the last equalized assessment roll. Section 19.92.150: Facility master plans. The City shall maintain a series of Facility Master Plans, as may be amended from time to time, for infrastructure and services throughout the City including, but not limited to, police, fire and emergency services, libraries, parks and recreation, wastewater, drainage and circulation. In anticipation of service demands, these master plans shall contain an analysis of existing Facilities, existing and projected demand, and proposed maintenance and capital improvement projects. They shall also identify financing plans to accomplish identified improvements. Section XIV. CVMC Section 21.12.030 is hereby amended as follows: Section 21.12.030: Appeals. An interested party may appeal in writing the decision of the Zoning Administrator to the City Clerk’s Office within 10 business days after the date of the decision. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application has been received, the City Clerk’s Office shall notify the Director of Development Services who shall take no longer than 30 calendar days to set the matter for public hearing and placed on an agenda for a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. The appeal 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. The decision of the Planning Commission shall be considered final. Section XX. 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 Cit y Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Page 160 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B - 27 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 XXI. 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 XXII. Effective Date This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final passage. Section XXIII. 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: Laura C. Black, AICP Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney Attachments: 1 – Planning Commission Resolution No. 2023-26 2 – Draft Amendments to PFFP Guidelines Page 161 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Attachment 1 RESOLUTION NO. 2023-26 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING AMENDMENTS TO THE GENERAL PLAN, POLICY DOCUMENTS AND THE CHULA VISTA MUNICIPAL CODE PERTAINING TO THE DISSOLUTION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION AND APPEAL PROCEDURES FOR DISCRETIONARY PLANNING APPLICATIONS, AMENDMENTS TO THE PUBLIC FACILITIES FINANCING PLAN GUIDELINES, AND AN UPDATE TO MASTER FEE SCHEDULE NO. 14-100 (GENERAL PLANNING FEES). WHEREAS, on November 8, 2022, the City Council approved revisions to the General Rules and structure/scope for various City Boards and Commissions, including the dissolution of the Growth Management Oversight Commission (“GMOC”); and WHEREAS, parts of the Chula Vista General Plan, Chula Vista Municipal Code (“CVMC”), and the City’s Public Facilities Financing Plan (“PFFP”) Guidelines, were in need of amendment both as a result of the GMOC’s dissolution and to streamline residential development within the City; and WHEREAS, necessary amendments to the Chula Vista Municipal Code (“CVMC”) have been identified to help further clarify permit processes and regulations; and WHEREAS, City Staff has identified several titles within the CVMC in need of a consistent application process by which to appeal discretionary planning applications such as Design Review Permits, Conditional Use Permits, Variances, etc.; and WHEREAS, the Director of Development Services has reviewed the proposed activit ies described in the related Staff Report for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the activities are not a “Project” as defined under Section 15378(b)(1) of the State CEQA Guidelines because the proposed activities consist of updates and modifications to the City General Plan and CVMC related to state law compliance and ministerial adjustments for consistency purposes that will not result in a significant physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA; and WHEREAS, if the activities described in the related Staff Report for this matter are deemed to be a “Project”, then the Director of Development Services has reviewed the proposed activities for compliance with CEQA and has determined that the actions qualif y for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The actions involve administrative updates to the CVMC relating to appeal processes for discretionary decisions and eliminating submittals that are already required for CEQA review, as well as updates to some City General Plan Elements to ensure compliance with State law. The actions of updating and modifying the CVMC and General Plan 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 and under State law. Based on an analysis DocuSign Envelope ID: DA299BE4-A271-4A5A-A5C9-3606F81B7917 Page 162 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Planning Commission Resolution 2023-26 December 13, 2023 Page 2 of the nature and type of these procedural and clerical changes to the CVMC and the General Plan, the actions will not have a significant effect on the environment; and WHEREAS City staff recommends that the Planning Commission approve the proposed amendments to the Chula Vista General Plan’s Land Use, Housing, Environmental, and Growth Management Elements, the Chula Vista General Plan Implementation Plan, CVMC Chapter 19.92, the City’s PFFP Guidelines, Titles 1, 10, 12, 15, 17, 18, 19, and 21 of the CVMC, and the City’s Master Fee Schedule; 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, after review and consideration of the Staff Report and related materials for this matter, the Planning Commission held a duly noticed public hearing to consider said CVMC amendments on November 8, 2023 at 6pm in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. 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 to the Chula Vista General Plan Land Use, Housing, and Environmental Elements, Chula Vista General Plan Implementation Plan, CVMC Chapter 19.92, the City’s PFFP Guidelines, and, remove the General Plan Growth Management Element, pertaining to the dissolution of the GMOC, and amendments to the City’s Master Fee Schedule and Titles 1, 10, 12, 15, 17, 18, 19, and 21 of the CVMC pertaining to the Development Services Department appeals and processing. 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 to the CVMC identified in this Resolution and related Staff Report are not a “Project” as defined under Section 15378(b)(1) of the State CEQA Guidelines because the proposed activities consist of updates and modifications to the City General Plan and CVMC related to state law compliance and ministerial adjustments for consistency purposes that will not result in a significant physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Further, if the activities described in this Resolution and the related Staff Report for this matter are deemed to be a “Project”, then the actions qualify for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3) for the reasons stated above. DocuSign Envelope ID: DA299BE4-A271-4A5A-A5C9-3606F81B7917 Page 163 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Planning Commission Resolution 2023-26 December 13, 2023 Page 3 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 for Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of December, 2023, by the following vote, to-wit: AYES: Burroughs, Combs, De La Rosa, Felber, Leal, Torres, Zaker NOES: ABSENT: ABSTAIN: ___________________________ Michael De La Rosa, Chair ATTEST: ___________________________ Mariluz Zepeda, Secretary DocuSign Envelope ID: DA299BE4-A271-4A5A-A5C9-3606F81B7917 For Page 164 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 The Circulation Plan was analyzed using the San Diego Association of Governments (SANDAG) regional transportation demand model (TRANPLAN Series 10 population and employment forecasts). Technical evaluation was performed to confirm that the system will have sufficient capacity to provide acceptable Levels of Service (LOS). 5.2.1 Complete Streets Creating a safe, healthy, and vibrant community as well as a sustainable transportation circulation system that provides transportation choices is integral to a healthy and connected community. Complete Streets are balanced, multimodal roadways which enable safe, convenient, and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. Transportation modes can include walking, bicycling, driving automobiles, riding public transportation, or delivering goods.. The transportation sector is the largest contributor of greenhouse gases in the State of California and the San Diego region, and therefore better coordination between transportation and land uses is also essential to a healthy community. Chula Vista is committed to plan, design, operate and maintain Complete Street design considerations and best practices into community planning and municipal operations to create a multi-modal transportation system that adequately provides for bicyclists, pedestriains, transit riders, equestrians (where appropriate), and motorists. Complete streets promote healthy communities and reductions in traffic congestion and greenhouse gas emissions by offering viable alternatives to driving. 5.3 Measurements of Traffic The measurements and standards for movement of traffic within the San Diego region are currently vetted in the San Diego Regional Traffic Engineer’s Council, SANDAG’s technical advisory committee. The City of Chula Vista is committed to implementing industry best management practices for evaluating impacts of various transportation modes and the perception of such conditions by all users. Several measures may be used to evaluate performance, gaps or deficiencies in the network to help balance the needs of all users. Page LUT-59 Page 165 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Level of Service (LOS) is a measure of actual traffic conditions and the perception of such conditions by motorists. It is used to describe the average daily number of vehicles on a street relative to the street's vehicular capacity and the resulting effect on traffic. There are six defined Levels of Service, A through F, which describe conditions ranging from “ideal” to “worst”, as defined in Table 5-8, Level of Service (LOS) Descriptions, below. TABLE 5-8 LEVEL OF SERVICE (LOS) DESCRIPTIONS Level of Service (LOS) Description of Operation A Traffic is typically free-flowing at average travel speeds, with very little delay. Vehicles are seldom impeded in their ability to maneuver in the traffic stream. Delays at intersections are minimal. B Represents reasonably unimpeded operations at average travel speeds. The ability to maneuver in the traffic stream is slightly restricted but the majority of vehicles do not stop and it is not bothersome. C Represents stable operations with acceptable delays; if an intersection is signalized, a few drivers may have to wait through one signal cycle. The ability to change lanes and maneuver may be more restricted than LOS B. D Congestion occurs and a small change in volume increases delays substantially during short periods, but excessive backups do not occur. E Congestion occurs with extensive delays on one or more signal cycles and low travel speeds occur. F Arterial traffic flows at extremely low speeds, intersection congestion occurs with excessive delays; and back ups from other locations restrict or prevent movement. In order to determine the LOS for a designated point along a street or at an intersection on a daily basis, the Average Daily Traffic (ADT) volume is compared to the street's intended capacity. This type of LOS analysis is a general indicator of roadway segment performance, and does not take into account intersection operations during peak commuting hours. Table 5-9, Street Segment Performance Standards and Volumes, shows acceptable LOS and volume for various street classfications. The acceptable LOS is C for all street classifications, except for select streets in the Urban Core and Otay Ranch Subareas, which have an acceptable LOS of D. This is discussed fully in Section 5.4, Urban Circulation Element. Page LUT-60 City of Chula Vista General Plan Page 166 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Circulation Plan - West Figure 5-13W Page LUT-61 Page 167 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page LUT-62 City of Chula Vista General Plan Chula Circulation Plan - East Vista Vision 2020 Figure 5-13E NORTH N.T.S. Page 168 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page LUT-63 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 TABLE 5-9 STREET SEGMENT PERFORMANCE STANDARDS AND VOLUMES A roadway's capacity is primarily a function of the number of lanes provided to carry traffic volumes, and whether or not the roadway is divided with a median or center turn lane. Typically, the more lanes provided, the more capacity the roadway has to accommodate traffic demand. The peak hour capacity of a roadway is influenced by a number of variables, including: the type of intersection controls; signal timing; the presence and frequency of driveways; on-street parking; the percentage of the daily traffic in the peak hour; the direction of traffic in the peak hour; and other factors. 5.3.1 Analyzing and Measuring Traffic Impacts The City of Chula Vista conducts traffic analyses and planning through a three-tiered system that allows the City to cover a broad range of time frames and conditions spanning from 20-year future forecasts, to near-term project evaluations, to actually driving the roadways to determine real-time current performance. These three analyses have different degrees of precision in determining impacts based on several considerations which include: the type of project being considered; the study years chosen; whether the analysis will consider short-term impacts, long- term impacts or both; and whether the analysis is being conducted to satisfy a CEQA requirement or is strictly a City traffic review. Further, the Institute of Transportation Engineers (ITE) guidelines to encourage the design of multi modal traffic. Page 169 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-64 City of Chula Vista General Plan Long Term Forecasts Long-term forecasts are utilized for determining theoretical traffic impacts in the distant future, and are typically applied in analyzing timeframes 15 years or more into the future, and/or at build-out of an area when all land use capacity is assumed to be developed. These are the types of forecasts used in conjunction with General Plan evaluations that are typically based on build-out conditions for the area under study. Long term forecast for the San DIego region utilize SANDAG forecasts such as RTP. Table 5-9, Street Segment Performance Standards and Volumes, identifies those roadway classifications that comprise the City Circulation Plan. The Circulation Plan developed for the General Plan was based on forecasted ADT volumes resulting from build -out of the proposed General Plan land uses, as described above. Mid- to Short-term Analyses Mid- to short-term horizon analyses typically review projected conditions looking out more than five years. Both mid- and short-term traffic analyses are usually conducted in conjunction with individual project-level evaluations through a Traffic Impact Report in order to determine project specific or project cumulative impacts. The mid-term analysis is typically done in five -year increments. Traffic Monitoring Program (TMP) Under this third tier of traffic analysis, Traffic Monitoring Program (TMP), the City of Chula Vista monitors the actual performance of the street system by conducting roadway segment travel time studies annually in accordance with the City's Growth Management program and Traffic Threshold Standards. The standards generally require that arterial roadway segments throughout the City maintain operating conditions of LOS C or better, with the exception that LOS D may occur for not more than two hours per day, typically in the peak travel periods. This periodic review of roadway operations and volume levels also provides the opportunity to consider geometric modifications that may provide additional capacity necessary to maintain an acceptable LOS. Formatted: Indent: Left: 0.43", Right: 0.59", Space Before: 0 pt, Line spacing: Multiple 0.98 li Formatted: Indent: Left: 0.43", Right: 0.59", Space Before: 0 pt Page 170 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-65 5.4 Urban Circulation Element Traditional LOS methodologies and traffic study guidelines often favor improved automobile flow, which may have a negative impact on pedestrian and transit mobility, and have the unintended effect of limiting development opportunities in more developed areas. The Urban Circulation Element, however, recognizes that the automobile is just one of several modes of travel that can move people in urbanized environments, and that more intensive developments in built -up areas should not be constrained by policies that focus exclusively on moving vehicular traffic. The overall goal of the Urban Circulation Element is to support the development of great places and neighborhoods by providing transportation choices and supporting those choices with attractive, safe, convenient, and functional infrastructure for all modes of travel. The Urban Circulation Element provides opportunities to make policies and standards sufficiently flexible to support Transit Oriented Development (TOD) in select transit corridors and town centers while maintaining the commitment of new development to mitigate impacts of new travel demand, and to improve the transit, pedestrian and bicycle environment. The Urban Circulation Element recognizes that in certain corridors and centers served by transit, it is acceptable to reduce the vehicle level of service standards that are applied to suburban areas of the City under certain circumstances. These circumstances would include ensuring that the area's transportation system is able to move people effectively by a combination of modes and providing a sound analytical approach for evaluating traffic LOS. The Urban Circulation Element promotes the use of revised level of service standards, alternative ways of measuring level of service for vehicles, and possibly establishing level of service criteria and performance measures for other modes of travel. The following steps were taken to develop the Urban Circulation Element, which applies to the Urban Core Subarea in western Chula Vista and portions of the Otay Ranch Subarea in the East Planning Area. Page 171 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-66 City of Chula Vista General Plan 1. Identification of context-specific street classifications The following Urban Street classifications are proposed within the Urban Core, its immediate environs, and portions of the Otay Ranch Subarea: · Gateway Street Urban Arterial Commercial Boulevard Downtown Promenade Town Center Arterial See Section 5.5.6 for a more detailed discussion of the above-described Urban Street classifications. 2. Development of capacity standards for the Urban Core Circulation Element. The capacities for the Urban Circulation Element were developed based on Highway Capacity Manual (HCM) procedures. The values presented in Table 5 -9, Street Segment Performance Standards and Volumes, were obtained from the Generalized Planning Analysis method, which provides a method for estimating 24 -hour street segment capacity using HCM 2000 procedures. Whereas, ADT-based thresholds in the City of Chula Vista and many other communities, have evolved over time as a general practice, the Generalized Planning Analysis method provides a scientific method to relate peak hour HCM -calculated results to acceptable ADT volumes on certain classes of roads. The acceptable 24-hour volume is adjusted to account for design elements that move traffic efficiently. These include traffic signal spacing and timing. The results provided by the method were tailored to the Urban Streets classification to account for peak hour spreading. Because the Urban Core and portions of the Otay Ranch Subarea will become destinations rather than waypoints, the 24-hour volume will be less concentrated in peak commuting hours. The maximum capacities shown in this table assume implementation of traffic and multi-modal improvements. 3. Identification of appropriate performance standards for the Urban Core Circulation Element. The Urban Circulation Element will accommodate all modes of travel (vehicular; transit; bicycling; and walking) and a variety of different trip types (shopping; entertainment; dining; as well as commuting). As discussed above, the existing capacities and performance standards used for streets throughout the City of Chula Vista emphasize vehicular commuting trips, and have the unintended effect of limiting the potential for a more urbanized downtown environment. Accordingly, within the Urban Core its immediate environs, and portions of the Otay Ranch Subarea, the minimum performance standard for the Urban Circulation Element is LOS D. Previously referenced Table 5-9 presents the proposed LOS criteria for the related Urban Street classifications. Page 172 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-67 The approach of using a performance standard of LOS D for more urbanized areas is not unique to Chula Vista. Both the City of San Diego and San Diego County use LOS D as their performance standard in urbanized and built -out communities. The City of San Diego uses LOS C as the minimum performance standard in newly developing areas. The City of Chula Vista will have the same two-tiered performance standards that are tailored to the context of surrounding development. Further, the Urban Circulation Element follows the precedent of California Senate Bill 1636 (which allows for relaxing of LOS standards in “infill opportunity areas”) and the City of San Diego, which has established a performance standard of LOS E for streets in their Centre City District. Continuing to use existing procedures and suburban -based performance standards would effectively discourage development in the Urban Core Subarea and portions of the Otay Ranch Subarea, hindering implementation of two of the primary themes of this General Plan. As discussed above, because of existing and projected future land use patterns in the City, there is a strong distinction between the operating characteristics of the street systems within and outside of the Urban Core Subarea and portions of the Otay Ranch Subarea. The LOS and volume standards in the City's Circulation Plan will be applied throughout Chula Vista, with special considerations in the Urban Core Subarea, where LOS D will be acceptable. LOS D is appropriate in the Urban Core Subarea and portion s of the Otay Ranch Subarea because development will have a more urbanized character, and physical constraints exist, such as limited area to expand rights-of-way. Also, the change in performance standards will help balance and serve all transportation modes (i.e., Transit, pedestrian, bicycling, etc.) and will avoid the disruptive effects of widening streets in a built environment or oversizing roadways during the planning process. In accordance with that urban character, projects within the Urban Core Subarea and portions of the Otay Ranch Subarea will need to comply with urban development standards, as presented in Section 7.2 of this element. 5.5 Roadway Classifications Roadway classifications for the City of Chula Vista are described below. The roadway volume and acceptable LOS for each roadway classification is summarized in Table 5 -9, Street Segment Performance Standards and Volumes, Detailed information regarding roadway design and roadway sections are found in the City of Chula Vista Subdivision Manual, which contains general guidelines for roadway design, including street cross -sections and other related improvements. Urban Core streets are described below and are addressed in more detail in Section 9.3.5, Urban Core Street Network. 5.5.1 Freeways Freeways are an important part of the overall circulation system, serving as a means of bypassing regional through traffic, as well as supplementing the local thoroughfare system. Capable of carrying large volumes of unimpeded traffic at high speeds, freeways serve as the primary corridors between communities and other major traffic generators, such as large commercial; industrial; recreational; and residential centers. Page 173 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-68 City of Chula Vista General Plan The freeway system serving Chula Vista consists of the following: • Interstate 5, running north-south through the General Plan area, will continue to link Chula Vista with central San Diego to the north and Otay Mesa and Mexico to the south. • Interstate 805 provides access to the center of the Chula Vista residential and commercial areas. This north-south freeway connects the inland portions of Chula Vista with communities to the north and south. • State Route 54 (South Bay Freeway) provides access to and from the northeast communities of La Mesa and El Cajon. This east-west freeway also serves as the most efficient route between the coastal area and areas to the east and northeast. • State Route 125 Tollway, a north-south route, will provide access from the eastern part of the City north to La Mesa and eastern San Diego, and south to Otay Mesa and Mexico. 5.5.2 Expressways Expressways are essentially enhanced prime arterials whose principal function is to accommodate immediate access to the freeway system for regional travel patterns. The design of expressways, therefore, emphasizes design features to increase capacity and speed, while limiting “friction” associated with driveway access and parking maneuvers. The predominant design feature of this roadway is the number of lanes it has, eight lanes total with four in each direction. A raised median is required to separate the two directions of travel and to provide for landscaping or other visual enhancements. 5.5.3 Six-Lane Prime Arterials This facility is designed to carry high volumes of traffic and serves to distribute traffic to and from the freeway system. The prime arterial facility proposed in the City’s Circulation Plan is designed to move traffic between major generators. 5.5.4 Six- and Four-Lane Major Streets The major street facility proposed in the City’s Circulation Plan accommodates either six or four lanes of traffic. These facilities are designed to carry high volumes of traffic and serve to distribute traffic to and from the freeway system and arterials. Major streets are designed to distribute more localized (rather than regional) trips. Varying or hybrid configurations (such as 5 or 3 lanes) may be permissible on a case by case basis subject to discretion of the city engineer, provided that functional capacity needs are met. Page 174 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-69 5.5.5 Class 1 Collector Streets Collector streets allow access to residential areas by relievin g traffic pressure on arterials and major streets by providing alternate routes for short trips. Class I collector streets primarily circulate localized traffic, and distribute traffic to and from prime arterials and major streets. Class I collectors are designed to accommodate four lanes of traffic; however, they carry lower traffic volumes at slower speeds than major arterials. 5.5.6 Urban Streets The following five roadway classifications found in Chula Vista's Urban Core Subarea and portions of the Otay Ranch Subarea, have a different acceptable LOS standard than the City's other roadway classifications. Their acceptable LOS D is in accordance with the concepts described above in Section 5.4 of this element. Gateway Street These roadways include segments of Broadway, Fourth Avenue, E Street, H Street, I Street, and L Street, which connect the Urban Core to State Route 54, Interstate 805 and Interstate 5; and the segment of Main Street between SR-125 and Eastlake Parkway, which connects the Eastern Uban Center and Eastern University District to State Route 125. These facilities are analogous to six- or four-lane major roads in other parts of the City, but will provide special design features and amenities to encourage access for the full spectrum of travel modes. These streets will be the major entry points to and from these areas, and special landscape and entry treatments will be incorporated into the design. Urban Arterial These roads include portions of E Street; H Street, and Fourth Avenue. Urban arterial cross - sections are similar to four-lane major roads in other areas of Chula Vista, but with special features to support multi-modal trip-making, such as wider sidewalks, transit station curb “bulb outs”, and pedestrian amenities. Commercial Boulevard These streets include segments of Broadway and Third Avenue (north of E Street and South of H Street) and will serve existing and future shopping districts. Design will be generally consistent with four-lane majors in other areas, but with special design features reflecting the multi -modal nature of streets in more urban areas. Page 175 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-70 City of Chula Vista General Plan Downtown Promenade These roads (including portions of F Street and Third Avenue) will provide access to retail establishments in the heart of the Urban Core. Cross-sections will be similar to a two-lane or four- lane collector, but with multi-modal features and amenities that accommodate the surrounding urban context. Furthermore, and in order to help promote pedestrian friendliness, these streets will provide, in varying amounts, the following generalized amenities: • Way finding maps; grated planters; trash receptacles; and benches strategically located throughout the Urban Core Subarea. Streetscapes should be designed with inviting wider sidewalks that should be passable without having to maneuver around hedges or other obstacles. • On-street parking, limited driveway cuts, and landscaping or planting strips, that create a buffer between traffic and pedestrians and provide canopy shade. A well-designed streetscape makes people feel comfortable and invites and motivates residents to walk or bike to destinations, such as shopping or work. Urban Core Subarea street design should include mid-block crosswalks and neighborhood pass-throughs to future open space areas and common areas. This helps to create a human scale. · • Behind the sidewalk, easily accessible building entrances with minimum building setbacks, windows at street level, and no blank walls on adjacent buildings. • Distinctive public transit amenities to increase ease of use and attractiveness of neighborhoods. Transit amenities should include next -bus information kiosks, bicycle facilities, and interconnections to other routes and bikeways; bike racks; lockers; and shower facilities. The objective of this design is to provide convenient public access by reinforcing bikes as a mode of transportation connected to and coordinated with other modes and bus lines, connecting people and places through a complete street network that invites walking and bicycling. Town Center Arterial The Town Center Arterial is intended for use primarily in the East Planning Area's Otay Ranch Subarea. Its main purpose is to bring traffic into and through the heart of a Town Center. The unique separated travelway design through the Town Center encourages multi-modal circulation and enhances pedestrian activity that fosters a vibrant commercial mixed-use Town Center. Many conflicting movements are reduced through the use of paired one-way streets that may include on-street parking, wider sidewalks, and neckdowns at intersections. The Town Center Arterial provides a more efficient traffic flow by eliminating wide roadway arterials, with their inherent long signal cycle lengths and segregated left turn lanes at major intersections, and it creates a more energized, mixed use pedestrian-oriented community within an enlarged urban transit Page 176 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-71 network. The “split” or “paired” couplet design allows for double frontage exposures of commercial uses, and slower traffic speeds that promote pedestrian activity and help define the Town Center as an identifiable place. 5.6 Public Transit Plan The proposed public transit system is a comprehensive network combining existing and planned public transit facilities to provide affordable, efficient public transportation for the residents of Chula Vista. It integrates the needs of both regional travel and local travel. The key routes of the proposed public transportation system are discussed in the following sections. The public transit network is based on SANDAG's Regional Transit Vision (RTV) and has been augmented with additional routes by the City. 5.6.1 Regional Transit Plan The Regional Transit Vision (Figure 5 -14) calls for a network of fast, reliable, and convenient services that include rubber-tired vehicles (referred to as Bus Rapid Transit (BRT)) that connect residential areas with employment and other major activity centers. The figure also delineates routes as well as transit stations stops, and park and ride facilities. Using market research and analyzing people's travel patterns, four service concepts have been identified to address varying needs (see Table 5-10). Together, these different service concepts make up a comprehensive system that complements and supports existing and planned land uses. Yellow Car and Red Car services form the backbone of the regional transit system, providing rapid and relatively frequent service. The Coaster commuter rail system is an example of Yellow Car service, while the San Diego Trolley is an example of Red Car service in Chula Vista. Yellow Car (BRT) service is planned for the Interstate 805 corridor, and Red Car (BRT) service is planned for east/west corridors (H Street, Palomar Street, and Main Street) and the State Route 125 corridor. Blue Car service is essentially the local bus network, while Green Car service includes local shuttles that connect local activity centers and the backbone transit network. Green Car service would connect the Bayfront Planning Area and the Northwest Planning Area's Urban Core Subarea in Chula Vista. 5.6.2 Public Rapid Transit Expansion - South Bay Transit First! SANDAG's adopted Regional Transit Vision and Transit First! Strategy, which is discussed in Section 1.5.1 of this element, incorporates Bus Rapid Transit (BRT) vehicles into Chula Vista's circulation system, replacing the previously planned light -rail transit system envisioned for eastern Chula Vista. The BRT system uses high quality, rubber-tired vehicles, offering the speed, comfort and amenities of a trolley with the flexibility of non -fixed modes of transportation. BRT vehicles travel in their own lanes and/or receive priority at signalized intersections in mixed flow conditions. Upgraded transit stations will have shelters, passenger information and other features that may also include adequate parking for commuters. Page 177 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-72 City of Chula Vista General Plan These service concepts and their characteristics are summarized in Table 5-10, Transit Service Concepts, below. TABLE 5-10 TRANSIT SERVICE CONCEPTS SERVICE TYPES OF TRIPS TRIP CHARACTERISTICS Green Car Service Community Trips Community-based shuttles, lower speed, frequent stops Blue Car Service Short Trips Basic mobility, local service, lower speed, frequent stops Red Car Service Medium Trips Corridor-focused service, higher speed, less frequent stops Yellow Car Service Long Trips Regional service, highest speed, limited stops SANDAG approved the Otay Ranch Transitway Alignment for planning purposes in March 1993 and is currently examining new alignments and variations in southeast Chula Vista, including the area east of State Route 125. Ultimately, the Otay Ranch segment would travel south along State Route 125 to meet the Otay Mesa Segment at the Otay Mesa Transit Center and Otay Mesa Road. In the Northwest and East Planning Areas, stops in Chula Vista may include those in the vicinity of Plaza Bonita; H Street/Terra Nova; Otay Ranch Villages 1, 5, 6, and 9; Freeway Commercial; the Otay Ranch Eastern Urban Center; the proposed university; and all of the Light Rail Transit (LRT) stations at E, H and Palomar Streets. Routes that will link eastern Chula Vista with the western areas of the City and the existing trolley stations include: • Route 628/694: Downtown San Diego to Otay Ranch (Phase 1) and ultimately to East Otay Mesa and the Mexican border (Phase 2) • Route 627: H Street Trolley Station to Otay Ranch via Southwestern College • Route RC-1/635: Palomar Street Trolley Station to Eastlake Business Center via Main Street and Otay Ranch. In addition to the existing San Diego Trolley (Route 510), other first tier routes identified in the South Bay Transit First Study that will traverse Chula Vista providing north/south links include: • Route 540/640: San Ysidro international border crossing to Old Town Transit Center, providing express service using Interstate 5 to supplement the corridor service provided by the existing trolley. • Route 680: San Ysidro international border crossing to Sorrento Valley, primarily along Interstate 805. Page 178 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Main St at Regional Transit Vision SWEETWATER RESERVOIR 54 Proc or Valley Ro d 628 680 635 UPPER OTAY LAKE 66 44 00 Shuttle SAN DIEGO BAY Shuttle 709 5 500 (Blue Line LR T) 628 805 66 88 00 709 East H St anyo 628 709 125 LOWER OTAY LAKE 66 44 00 66 88 00 635 635 628 NORTH N.T.S. Figure 5-14 Page LUT-73 Legend Transit Routes Light Rail Yellow Car BRT Red Car BRT Shuttle Transit Stops Red Car BRT Yellow & Red Car BRT LRT/BRT With Park & Ride d R Heritage Rd Page 179 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Blank Page 180 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 5.6.3 Local Feeder Bus Routes The proposed public transit system also includes a network of local bus routes oriented to each of the community activity centers, as well as the Urban Core Subarea and eastern activity centers. Community activity centers serviced by the local bus network include Bayfront; Terra Nova; Bonita; Southwestern College; Eastlake; Otay Ranch villages; the proposed university; Sharp Hospital; and the Montgomery area. The local bus network will loop into the neighborhood area collecting riders for the east-west express bus route and the north-south regional transit system. 5.6.4 Connection Services The Urban Core Subarea have will have the greatest diversity of public; commercial; civic; financial; cultural; and residential uses, emphasizing its role as the hub of Chula Vista. Extension of streets from the Urban Core Subarea into the Bayfront Planning Area provides strong east-west linkages for all forms of vehicular and transit movement, including pedestrians and bicyclists. An appropriately designed local feeder bus route (Green Car Service), e.g., a transit loop operating on E or F and H Streets, Third Avenue and Marina Parkway, is intended to connect the Bayfront's activities and amenities to the Urban Core Subarea's Downtown Third Avenue and Civic Center; H Street; and the mixed use transit-oriented developments surrounding the E and H Street trolley stations, (See Figure 5-15 Bayfront Green Car Line). Additional local feeder bus loops should connect areas as planned land uses are implemented and future needs arise. Examples may include connections between the Eastern Urban Center and other areas in the East Planning Area with the Northwest and Southwest Planning Areas; connections between the Southwest and Northwest Planning Areas; or connections between specific activity centers and nearby major transit stations. See Section 7.7 of this element for policies on transit shuttles between activity centers. 5.7 Bikeway System The City of Chula Vista Bikeway Master Plan identifies existing facilities and bicycle deficiencies throughout the City, evaluates the existing bikeway system's relationship with other mobility systems, and provides cost estimates to make improvements. Bicycle paths, lanes, and routes are provided on a number of Chula Vista's roadways. The bike Page LUT-75 Page 181 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-76 City of Chula Vista General Plan system provides bicyclists with connections between neighborhoods, parks, schools, and other neighborhood and recreational facilities. There are a few Class I facilities (bike lane separated from traffic) within the City, but virtually all arterial roadways east of Interstate 805 have Class II facilities (on-street bike lanes marked at the curb or in the parking lane). There is a significant amount of Class III bikeway facilities (signage, no paint in right-of-way), primarily within western Chula Vista. See Figure 5-16 for the City's existing and programmed bikeway facilities. In addition to the City's bikeway system, the regional San Diego Bayshore Bikeway is a 26-mile bikeway around San Diego Bay, which includes a Class I segment along the Bay's east side, through Chula Vista's Bayfront Planning Area, with a bridge across the Sweetwater River. There are three regional bikeway projects being planned or scheduled for completion within or very near to the City of Chula Vista: • Sweetwater River/Otay River Loop, which includes joint planning by City of Chula Vista, City of National City, and the County of San Diego; • State Route 905 Corridor, which provides access from the City to two U.S.-Mexican border crossings; and • State Route 94/State Route 54 Corridor, where the State Route 54 portion will connect to the Sweetwater River Bikeway. 5.8 Pedestrian Sidewalks, Paths and Trails Pedestrian sidewalks, paths, and trails are important for several reasons, including: mobility and access; connectivity between land uses; safety; health; and community interaction. Not all people get to their destination by automobile, including those too young to drive, the elderly, or those who prefer to walk. Even for people who do drive or take transit, all trips begin and end by walking. Sidewalks and other pedestrian pathways are important for providing connections to schools; parks; shopping; jobs; and between neighborhoods. Children, in particular, should be able to walk safely to school. Increased numbers of people walking along streets creates a safer environment, and, thereby, encourages others to walk also . Vibrant urban areas always have high levels of pedestrians. There are three regional bikeway projects being planned for the City of Chula Vista. Page 182 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Bayfront Green Car Line LEGEND City Boundary 54 Proposed Bayfront Green Car Shuttle Route Alternate Route Existing or Future Red Car Transit Route Civic Center Existing 5 E Street Trolley Station DOWNTOWN 805 BAYFRONT SAN Existing H Street Future Transit Stations DIEGO BAY Trolley Station NORTH N.T.S. Figure 5-15 Page LUT-77 Page 183 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Existing and Programmed Bikeways NORTH N.T.S. Figure 5-16 Page LUT-78 Page 184 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-79 Walking is a healthy activity and helps prevent certain diseases, as medical authorities in the United States have become increasingly concerned about the rise of weight- related health problems in our population. Walkers have opportunities to window shop; observe their neighborhood; people watch; and socially interact with others, which can make them feel more connected to their community in a positive way, and improve their health. Although most of Chula Vista has sidewalks, some neighborhoods that were annexed into the City from unincorporated San Diego County areas are not completely served and need upgrades or improvements. Also, areas intended for increased intensity may have sidewalks that are too narrow to accommodate the envisioned activity levels or may lack convenient connections to adjacent land uses, neighborhoods, or transit service. The safety and comfort of pedestrians need to be considered. 5.9 Movement of Goods The efficient movement of goods is vital to the economic stability and growth of both Chula Vista and the San Diego region. A brief discussion of the rail, air, marine, and trucking facilities for movement of goods is found below, and Figure 5-17, Movement of Goods Facilities, shows major facilities used for goods transportation. Rail Two primary rail haulers of freight, the Burlington Northern Santa Fe (BNSF) and the San Diego and Imperial Valley (SDIV) railroads, link the San Diego County coastal region (including Chula Vista) to the larger national railway system. BNSF maintains a freight easement over the 62 miles of San Diego County coastal mainline that terminates at the National City Marine Terminal north of Chula Vista. BNSF also interchanges freight with the SDIV. The SDIV operates freight service on the SANDAG-owned railway in the southwestern part of the County, including Chula Vista, where it is known as the San Diego and Arizona Eastern (SD&AE) Railway. Freight Although most of Chula Vista has sidewalks, some neighborhoods that were annexed into the City are not completely served and need upgrades or improvements. Page 185 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page LUT-80 City of Chula Vista General Plan Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 hauling occurs during night-time hours when the trolley is not in service. The SDIV operates “short haul” railroad service south through Tijuana to the eastern areas of Tecate, Mexico and California's Imperial Valley. Air Chula Vista's commercial air transportation needs are served by Lindbergh Field, San Diego's international airport (passenger and freight traffic), and by Brown Field Municipal Airport, a general aviation facility with one runway located south of Chula Vista on Otay Mesa within the City of San Diego. Abelardo L. Rodriguez Airport, in Tijuana, is approximately one quarter mile south of the U.S.-Mexico border, with a single runway that provides passenger and cargo service to major cities in Mexico. Marine Maritime shipping needs for Chula Vista are provided by two major marine terminals, the Tenth Avenue Marine Terminal in San Diego and the National City Marine Terminal in National City. The City of Chula Vista's marina at the south end of San Diego Bay, located at the west end of J Street in the Bayfront, is used for recreational boating and also has some boating- related light industrial uses. Trucks Although a portion of goods movement from and through Chula Vista is via the rail, air, and marine services discussed above, the vast majority of goods movement throughout Chula Vista is by trucks. SANDAG studies from 1981 onward show a steady increase of heavy-duty trucks (defined as having over a one ton carrying capacity) over the years. In Chula Vista, most truck traffic is through traffic on the regional freeways, but there is also internal truck traffic generated by economic activity typical of a mid-sized city, such as Chula Vista. Page 186 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-81 Chula Vista has designated select roadways as truck routes to provide for the regulated movement of trucks throughout the City. This is intended to route truck traffic to those streets where neighborhood intrusion, noise, and other potential impacts are minimized. Roadways providing access to the freeways and major activity centers are the most likely candidates for truck route designation. The designation of truck routes does not prevent trucks from using any other streets to make deliveries or for other reasons, as defined in the Vehicle Code of the State of California. 5.10 Noise Noise is closely related to land use and transportation. See Section 3.5, Noise, of Chapter 9, Environmental Element, for information on noise levels, with objectives and policies that address protecting people from excessive noise and minimizing noise from transportation. Chula Vista has designated select roadways as truck routes to route truck traffic to those streets where neighborhood intrusion, noise, and other potential impacts are minimized. Page 187 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page LUT-82 City of Chula Vista General Plan Santee Movement of Goods Facilities El Cajon 8 15 La Mesa Point Loma San Diego International Airport Lindbergh Field 1 San Diego Lemon Grove 2 North Island Naval Air Station B Street Pier Broadway Pier 11th Naval District Headquarters 2 Tenth Avenue Marine Terminal 5 9 805 Coronado National City National City 54 Marine Terminal 7 PACIFIC OCEAN 1 Chula Vista Imperial Beach Tijuana Brown Field 9 NORTH N.T.S. LEGEND Marine Cargo Terminal Cruise Ship Terminal International Airport General Aviation Airport Figure 5-17 1 Page 188 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-83 6.0 GOALS The overall goals of the Land Use and Transportation Element are: 6.1 Safe; healthy; sustainable; walkable; and vibrant community with a balance of jobs, housing and access to healthy food options and a variety of options for recreational activity 6.2 A mix of land uses that meets community needs and generates sufficient revenue for public facilities, services, and amenities. 6.3 A circulation/mobility system that provides safe travel by any mode, meets the needs of travelers of all ages and abilities and is well-integrated with the City's land uses. Page 189 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-84 City of Chula Vista General Plan 7.0 PLANNING FACTORS, OBJECTIVES, AND POLICIES There are several planning factors involved in achieving the three goals of the Land use and Transportation Element. Such factors are discussed in Sections 7.1 - 11.4.3 of this element. Each factor has at least one objective, or focused goal, and each objective has at least one policy, which describes how the City will meet the objectives. 7.1 A Balance of Land Uses A balance of land uses–residential; employment; commercial; recreational; civic/cultural; and open space, provided at the appropriate intensity and density, location, and mix–is important for a sustainable Chula Vista future. Benefits include: a healthier community, reduced commute times; improved air quality; higher sales tax revenues; safer mobility; and an improved quality of life for City residents. For example, Smart Growth techniques, such as a balance of land uses, provide for more attractive, affordable, and healthier places to live. Currently, Chula Vista has fewer jobs than housing units. Adding more jobs, shopping, and restaurants to our City can help to reduce trips outside the City and increase local revenues. A full range of commercial services, from regional shopping centers to specialty stores, is convenient for residents, can attract non- residents to shop here, and keeps sales tax revenues in the City, where it will most benefit residents. Residential areas with nearby stores, services, and restaurants allow residents to walk or bike for their daily shopping needs, which is a healthier alternative to driving. Residential; commercial; industrial; educational; recreational; and civic facilities should provide a balance and combination of uses that both complement the existing community and accommodate the future needs and desires of the community. Ideally, this balance would meet the needs of Chula Vista's residents of all ages and abilities and contribute towards meeting regional needs. Provide a balance of residential and non-residential development throughout the City that achieves a vibrant development pattern, enhances the character of the City, and meets the present and future needs of all residents and businesses. Objective - LUT 1 Page 190 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-85 Policies LUT 1.1 Ensure that land uses develop in accordance with the Land Use Diagram and Zoning Code in an effort to attain land use compatibility. LUT 1.2 Coordinate planning activities and resources to balance land uses, amenities, and civic facilities in order to sustain or improve the quality of life. LUT 1.3 Identify specific focus areas in Chula Vista where the majority of future development should occur. LUT 1.4 Seek to achieve an improved balance between jobs and housing in Chula Vista. LUT 1.5 Endeavor to create a mixture of employment opportunities for citizens at all economic levels. LUT 1.6 Attract and maintain land uses that generate revenue for the City of Chula Vista, while maintaining a balance of other community needs, such as housing, jobs, open space, and public facilities. LUT 1.7 Provide high-quality public facilities, services, and other amenities within close proximity to residents. LUT 1.8 Pursue higher density residential categories and retail demand that are not being met within the City. LUT 1.9 Provide opportunities for development of housing that respond to diverse community needs in terms of density, size, location, and cost. LUT 1.10 Maintain an adequate supply of land designated and zoned for residential use at appropriate densities to meet housing needs, consistent with the objective of maintaining a balance of land uses. LUT 1.11 Promote and assist the growth and vitality of existing commercial centers. Page 191 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-86 City of Chula Vista General Plan LUT 1.12 Encourage regional-serving, high-volume retail or other uses to locate near freeway access to minimize traffic on City streets. LUT 1.13 Maintain neighborhood and community shopping centers of sizes and at locations that offer both choice and convenience for shoppers and residents, while sustaining a strong retail base for the City. LUT 1.14 Provide sufficient sites to meet the need for commercial services that can be supported by local residents, businesses and workers, such as automobile sales and repair; construction contractors; building material; warehousing and storage; home repair services; and maintenance supplies. LUT 1.15 Allow office uses that are associated with complementary commercial service businesses in commercial service areas. LUT 1.16 Maintain and promote the Northwest Planning Area's Urban Core Subarea as the major office; financial; civic; and cultural center of Chula Vista by directing higher intensity office uses; government; urban residential; retail; restaurants; and entertainment uses to locate there. LUT 1.17 Encourage the development of cultural and performing arts nodes in different areas throughout the City, each with a specific non-competing focus, such as viewing performances or works of art, and learning about, creating, or purchasing art. LUT 1.18 Prepare Specific Plans or other appropriate plans to further define and implement the General Plan's intent for the Northwest and Southwest Planning Areas. LUT 1.19 Evaluate land use intensities in conjunction with the review of any zone change and/or General Plan Amendment to permit density or modify intensity. Factors to be considered include, but are not limited to, the maximum intensity allowed for the applicable land use designation in the General Plan, traffic circulation patterns, environmental constraints, and compatibility with surrounding land uses. LUT 1.20 Redevelop the Bayfront Planning Area as a world-class Bayfront that will benefit citizens and visitors through the development of entertainment, retail, cultural, residential, office and parks and the preservation of natural open spaces. LUT 1.21 Establish procedures to track community health information for use in land use decisions. Page 192 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-87 7.2 Urban Design and Form As introduced in Section 3.5 of this element, establishing and reinforcing Chula Vista’s urban design and form is necessary to ensure that the desired character and image of the City is protected and enhanced as the City grows and develops over time. The evolving urban design and form of Chula Vista are considered to be key to the City's community character and image, and should be addressed carefully. As noted, in particular, under Theme 8, “Shaping the Future through the Present and Past”, such change and evolution must be accomplished in a manner that complements Chula Vista's heritage and unique sense of place, and improves the quality of life for all people who live, work and play in Chula Vista. This includes consideration of a number of inter-related factors, such as preserving and enhancing stable residential neighborhoods, a built environment that provides a variety of healthy, accessible and affordable options, focusing on edges between new development and redevelopment to ensure compatible land use and edge transitions, and historic preservation, among others. This approach to ensuring harmony between needed and desired changes and harmony between the City's past and present, is carried out through a number of objectives and policies, both in this Section and in Sections 7.3 through 7.6, as well as in the Area Plans in LUT Sections 8.0 - 11.0 Given Chula Vista's past, and the community's concerns about image and character, another key component of this General Plan is clearly identifying those areas where the highest intensities and densities should be focused. In the General Plan, these areas consist of the Mixed Use Transit Focus Area (TFA) designated lands in Northwest Chula Vista at the E and H Street trolley station areas, and the area around Third Avenue and H Street. Within the Bayfront, higher intensities and densities are planned near the marina. In Eastern Chula Vista, they are f ocused within the Eastern Urban Center of Otay Ranch. These areas are targeted for the highest intensity and density of land uses, the largest potential building forms, and in western Chula Vista, some are located proximate to existing residential areas. Therefore, it is important that provisions for transitions and edges among building masses, and land uses relationships both within the TFAs, and between the TFA-designated areas and adjoining existing neighborhoods, be clear and well-defined. These provisions must address such topics (among others) as building setbacks, screening and landscaping, solar access and shadowing, and pedestrian and vehicular circulation. The following Objectives and Policies, as well as those in Section 7.5, address these topics. Historically, taller buildings (over four or five stories) have occurred rarely, and certainly not through a strategic effort to define the City's skyline, to identify where prominent building mass would be beneficial, or to signify important activity centers. As shown on Figure 5-18, Urban Form, this General Plan identifies four, limited locations where urban development intensities would be most appropriate. These include the two Transit Focus Areas (TFA) in Urban Core of western Chula Vista; around the existing E Street and H Street trolley stations, within the Bayfront Planning area, and in the Eastern Urban Center in Otay Ranch which has been planned for urban development since the Otay Ranch General Development Plan was approved in 1993. Page 193 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Urban Form NORTH N.T.S. Figure 5-18 Page LUT-88 Page 194 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-89 Also depicted on Figure 5-18 is the H Street Transit Corridor Special Study Area. The purpose of this special study is to analyze and evaluate the appropriateness of plan changes that could result in mixed land uses, increased intensities, and potential high -rise buildings along H Street between Interstate 5 and Fourth Avenue. An important consideration of the study is that the area is a major activity corridor, and functions as the primary entry into the urban core. It is a major link between Broadway and the downtown area, is targeted as a major transit connection between the eastern portion of the City and the west, and currently consists primarily of community or sub-regional-serving non-residential land uses. These uses include the South County Regional Center and Superior Court; medical offices; several bank facilities; a major hospital and medical facility at Scripps; major commercial uses at the Chula Vista Center; numerous restaurants; retail businesses; and professional offices. In view of these existing land uses along H Street, the future intensification planned with the two TFAs at either end of the corridor, and the potential for future market forces to focus on H Street as a key corridor, a special study is needed that examines further potential changes in land use and intensity; building mass; the potential for taller buildings; and the relationship and appropriate transitions to adjacent stable neighborhoods (see Policy LUT 2.6). The identification of the above-mentioned TFAs and corridor within the City's Urban Core, the Bayfront, as well as within the Eastern Urban Center (EUC), are intended to establish places where people are attracted to active; pedestrian-oriented experiences, including: shopping; restaurants; entertainment; and employment, and which are located along major thoroughfares and transit routes where they can be most readily accessed. While allowance for higher intensities and taller buildings, (or “high-rise” structures), in these locations provides more housing, employment and other opportunities on a smaller amount of land, the principal reason for high-rise structures is to provide landmarks and skyline recognition for key areas of the City, and punctuate them as vibrant, active and successful community centers. The following objectives and policies are provided to ensure that the evolution of more urban land use areas within Chula Vista is strategically focused and harmoniously integrated to adjoining, stable neighborhood areas, and that the allowance of high -rise structures of eight or more stories is appropriately managed. In addition, please see Planning Area Plans in Sections 8.0 - 11.0 of this element for further site area specific discussions and policies, as well as the Otay Ranch General Development Plan (GDP), which addresses development within the EUC. Page 195 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-90 City of Chula Vista General Plan Limit locations for the highest development intensities and densities, and the tallest building forms, to key urban activity centers that are also well - served by transit Policies LUT 2.1 Locate Mixed Use Transit Focus Areas where major transit stations exist or are planned. LUT 2.2 Locate the highest development intensities and residential densities within Mixed Use Transit Focus Areas where strong City Gateway elements exist or key urban activity areas occur. LUT 2.3 Limit the location of high-rise structures to within the E Street and H Street Transit Focus Areas at Interstate 5, the Bayfront, and the Eastern Urban Center area of Otay Ranch. LUT 2.4 High-rise buildings will be subject to discretionary review in order to ensure they are a positive addition to the City, in accordance with the following provisions: • The building must reflect unique, signature architecture that symbolizes the City and can be immediately recognized as a positive Chula Vista landmark. • The building must be accompanied by clear public benefits in acceptance of the height, such as increased public areas, plazas; fountains; parks or paseos; extensive streetscape improvements; public venues or amenities, and energy efficiency andsustainable design. • The overall building height and massing must reflect appropriate transitions to surrounding areas, in accordance with the future vision for those areas, or if the building is on the periphery of an area of change, to the adjoining neighborhood. Specific Plans, General Development Plans/Sectional Planning Area Plans or other zoning regulations will provide the basis for defining such transitions. Objective - LUT 2 Page 196 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-91 LUT 2.5 Require proposals for development within TFAs to conduct studies to assess the effects on light and solar access, and shadowing and wind patterns on adjacent areas and buildings. LUT 2.6 Conduct a special study to examine the potential for higher land use intensities and taller buildings along the H Street Transit Focus Corridor between Interstate 5 and Fourth Avenue, and to address compatibility issues with adjacent stable neighborhoods. The precise boundaries will be established at the time of the study, and all land use policies within in this General Plan shall apply until modified or amended, as a result of study findings. Direct the urban design and form of new development and redevelopment in a manner that blends with and enhances Chula Vista’s character and qualities, both physical and social. Policies LUT 3.1 Adopt urban design guidelines and/or other development regulations for all Districts or Focused Areas of Change as presented in Sections LUT 8.0 - 11.0 of the LUT Element, as necessary, to ensure that new development or redevelopment recognizes and enhances the character and identity of adjacent areas, consistent with this General Plan’s Vision. LUT 3.2 Any such urban design guidelines and/or other development regulations shall be consistent with other, related policies and provisions in this General Plan, including Sections 7.3 through 7.6. and 7.16 Healthy Communities. LUT 3.3 Buildings within the TFAs should be context sensitive and not adversely affect public views or view corridors, and should be designed to be sensitive to adjacent buildings and areas. Objective - LUT 3 Page 197 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-92 City of Chula Vista General Plan 7.3 Preserving and Enhancing Stable Residential Neighborhoods Planning for existing neighborhood preservation, identity and protection is one of the most important purposes of the City's General Plan. Existing residential neighborhoods in the City consist of either mostly single -family dwellings, mostly multi-family dwellings, or areas in transition. Residential neighborhoods that are not considered in transition are considered stable, and should be protected. (Please refer to LUT Section 4.7 for discussion of this terminology.) To maintain the quality of existing, stable residential neighborhoods requires that the City conserve existing housing, ensure good street design, minimize and control traffic in residential neighborhoods, and ensure that development adheres to quality design standards. Please refer to Section 7.3 for additional policies on the protection of stable neighborhoods. Establish policies, standards, and procedures to minimize blighting influences and maintain the integrity of stable residential neighborhoods. Policies LUT 4.1 Preserve and reinforce the community character of existing, older, well - maintained, stable residential neighborhoods located outside of the Districts or Focus Areas identified for change in this document. LUT 4.2 Protect existing, stable, single-family neighborhoods through zoning or other regulations that discourage the introduction of higher density residential or other incompatible or potentially disruptive land uses and/or activities. LUT 4.3 Require that new development, or redevelopment, through consideration of site and building design, and appropriate transition and edge treatments does not negatively affect the nature and character of nearby established neighborhoods or development. Objective - LUT 4 Page 198 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-93 LUT 4.4 Ensure that proposals for new construction, remodels and additions within existing stable, neighborhoods are appropriately sized and designed to be compatible with the neighborhood’s character, and to minimize impacts on adjacent parcels. LUT 4.5 Establish zoning or other regulations to ensure that non-residential uses or activities in stable residential neighborhoods occur only when the character and the quality of the neighborhood can be maintained. LUT 4.6 Minimize through circulation design and/or traffic -calming features (to the maximum extent practicable), the use of neighborhood streets in stable residential neighborhoods for regional or cut-through traffic, to protect those neighborhoods from adverse traffic effects. This would include access to and from side streets and alleys. LUT 4.7 Recognize established communities and neighborhoods within the City through signage, landscaping, or other identifying features. LUT 4.8 Ensure that roads provide safe mobility for all travelers custumized to the characteristics of the area the street serves including the provision of sidewalks, safe and accessible transit stops, frequent and safe crossings for pedestrians, and shared-use paths. 7.4 Implementing Mixed Use Areas This General Plan proposes mixed use developments to create a more vibrant and healthy environment. These mixed use areas are intended to provide housing and jobs near existing and proposed transit locations, as well as at activity centers located throughout the City. The mixed use areas allow the City an opportunity to provide appropriate areas with a healthier, more urban living and working environment than currently exists in the City. Page 199 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-94 City of Chula Vista General Plan Designate opportunities for mixed use areas with higher density housing that is near shopping, jobs, and transit in appropriate locations throughout the City. Policies LUT 5.1 Promote mixed use development, where appropriate, to ensure a pedestrian- friendly environment that has opportunities for housing; jobs; childcare; shopping; entertainment; parks; and recreation and more physical activity. LUT 5.2 Encourage new development that is organized around compact, walkable, mixed use neighborhoods and districts in order to conserve open space resources, minimize infrastructure costs, and reduce reliance on the automobile. LUT 5.3 Authorize and encourage mixed use development in focus areas, including high - density residential housing, neighborhood-serving commercial, and office uses. LUT 5.4 Develop the following areas as mixed use centers: Urban Core; Bayfront; Palomar Trolley Station; Eastern Urban Center; and Otay Ranch Village Cores and Town Centers. LUT 5.5 Amend the Zoning Ordinance to implement mixed use zoning districts that provide development standards for mixed use development, which should address minimum density and intensity requirements; allowable uses; building heights; and any shared parking standards LUT 5.6 Allow for the revitalization and intensification of infill sites within the Northwest and Southwest Planning Areas, consistent with FAR limitations; and amend the Zoning Ordinance so that it d oes not inhibit appropriate infill development. LUT 5.7 Encourage new ownership or rental housing in mixed use designations and near major transit services, where compatible with adjacent neighborhoods. Mixed use housing should minimize impacts on designated single-family neighborhoods. Objective - LUT 5 Page 200 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-95 LUT 5.8 Encourage a wide variety of retail and commercial services, such as restaurants and cultural arts/entertainment, in appropriate locations. LUT 5.9 Encourage active and inviting pedestrian-friendly street environments that include a variety of uses within commercial and mixed use areas. LUT 5.10 Support the continued development of a visitor economy in the Northwest Planning Area and additional visitor commercial uses and amenities in the Bayfront Planning Area. LUT 5.11 Endeavor to reduce the number of peak hour automobile trips by supporting increased services near workplaces. LUT 5.12 Minimize local and regional traffic by concentrating higher density employment near major transit services. LUT 5.13 Higher density residential and mixed use residential/commercial development should be designed to: • Create a pleasant walking environment to encourage pedestrian activity; • Maximize transit usage; • Provide opportunities for residents to conduct routine errands close to their residence; • Integrate with surrounding uses to become a part of the neighborhood rather than an isolated project; • Use architectural elements or themes from the surrounding neighborhood; and • Provide appropriate transition between land use designations to minimize neighbor compatibility conflicts. • be energy efficient using environmentally friendly building materials, green building and sustainable design practices. Page 201 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-96 City of Chula Vista General Plan 7.5 Compatible Land Use and Edge Transitions Incompatible land uses immediately adjacent to one another, such as residential and industrial uses, may significantly affect the health of a community. Uses should be appropriately buffered, or incompatibilities should be addressed through redesignation of uses or mitigation of impacts to adjacent uses in the area. Mixed use areas will inherently have higher levels of activity and intensity than solely residential neighborhoods. Both the pattern of mixed use areas and individual project designs must be sensitive to edge transitions between neighborhoods and strive to minimize potential impacts on adjacent residential neighborhoods. Ensure adjacent land uses are compatible with one another. Policies LUT 6.1 Ensure, through adherence to design guidelines and zoning standards, that the design review process guarantees excellence in design and that new construction and alterations to existing buildings are compatible with the best character elements of the area. LUT 6.2 Require that proposed development plans and projects consider and minimize project impacts upon surrounding neighborhoods. LUT 6.3 Require that the design of new residential, commercial, or public developments is sensitive to the character of existing neighborhhods through consideration of access, compatible building design and massing, and building height transitions, while maintainin the goals and values set forth in the General Plan. Within TFAs, design provisions should include requirements for a minimum building stepback of 15 feet for every 35 feet in height, for edges abutting residential uses. LUT 6.4 Discourage additional multi-family development in existing single -family designated neighborhoods. LUT 6.5 Require, through sensitive and attractive design, that neighborhood retail centers and commercial service buildings are compatible with the surrounding neighborhood. Objective - LUT 6 Page 202 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-97 LUT 6.6 Establish design guidelines and development standards for commercial and mixed use development that respect and complement the character of surrounding neighborhoods and uses. LUT 6.7 Require that outdoor storage areas or salvage yards be screened from any public right-of-way. LUT 6.8 Require that any land use that handles, generates and/or transports hazardous substances, will not negatively impact existing or future sensitive receptors/land uses, as defined by state and federal regulations. LUT 6.9 Coordinate with adjacent landowners, the Port of San Diego, cities, and San Diego County in establishing compatible land uses for areas adjacent to the City's boundaries. LUT 6.10 Coordinate and work closely with the City of San Diego, National City, and San Diego County in the Otay Valley Regional Park and Sweetwater/Bonita areas to participate in the development review processes of projects proposed in these areas. Work to ensure that such development takes applicable City of Chula Vista standards into consideration, as appropriate. Appropriate transitions should be provided between land uses. Policies LUT 7.1 Protect adjacent, stable residential neighborhoods by establishing guidelines that reduce the potential impacts of higher intensity mixed use, commercial, and urban residential developments (i.e. transitional areas). LUT 7.2 Require new or expanded uses to provide mitigation or buffers between existing uses where significant adverse impacts could occur. Objective - LUT 7 Page 203 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-98 City of Chula Vista General Plan LUT 7.3 Require that commercial and industrial development adjacent to residential or educational uses be adequately screened and buffered to minimize noise, light, glare, and any other adverse impacts upon these uses. LUT 7.4 Require landscape and/or open space buffers to maintain a naturalized or softer edge for proposed private development directly adjacent to natural and public open space areas. LUT 7.5 Projects within TFA shall provide appropriate and sufficient features to soften the transaction to adjacent buildings and properties, through the following techniques. • Project landscape plans should include shade tree and screening plantings to reduce heat gain upon, and visually soften building edges. • Exterior lighting designs shall focus internally in order to reduce light pollution on neighboring properties. • Fencing and/or buffers shall be required to screen features such as dumpsters, rear entrances, utility and maintenance structures, and loading facilities. • Walls or fencing along project edges shall be articulated and incorporate features to avoid presenting a monotonus or blank wall to the street or adjacent property. LUT 7.6 In order to ensure appropriate separation from existing development to new, taller buildings forms within TFAs ensure a minimum 15 -foot rear yard setback for structures up to 84 feet in height. Page 204 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-99 7.6 Enhancing Community Image Community image is the impression held in the minds of Chula Vista residents and visitors to the City. It is created by both natural and man-made features, such as views; open space; city entryways; primary or secondary gateways; streetscapes; buildings; parks; and plazas. Preservation and enhancement of scenic resources, and the positive visual aspects of Chula Vista's urban, suburban, and rural character are important factors as the City continues to grow. Continued environmental protection of our open space network is important to City residents and will continue. Directing new and infill growth to areas along major arterial corridors and transit routes is beneficial to open space areas and will benefit our City as a whole. In addition, preservation, enhancement, and accessibility to those things that make Chula Vista a unique place, such as Chula Vista’s scenic resources, can have a direct, and positive effect on the overall health and sustainability of the community. Urban design refers to the various physical design elements that make up the City's built environment, including buildings; public spaces; gateways; streetscape; and landscaping. The quality, physical form, and arrangement of these elements contribute to the City's image, neighborhood identity, and overall quality of life. Gateway areas into the City or its districts that are well-designed, attractive, and exhibit a special character help to enhance the City's image and instill community pride. Quality architecture and landscape design are also important elements of city building and place-making. Preservation of important cultural buildings and landmarks contribute to the community's unique sense of place. Programs for public art, signs, and landscaping help to create an attractive and special environment for both Chula Vista's residents and visitors. Community Image and Identity Strengthen and sustain Chula Vista's image as a unique place by maintaining, enhancing, and creating physical features that distinguish Chula Vista's neighborhoods, communities, and public and recreational spaces, and enhance its image as a pedestrian -oriented and livable community. Policies LUT 8.1 Develop a program to enhance the identity of special districts and neighborhoods Objective - LUT 8 Page 205 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-100 City of Chula Vista General Plan to create variety and interest in the built environment, including such items as signage, monuments, landscaping, and street improvements. LUT 8.2 Emphasize certain land uses and activities, such as cultural arts; entertainment; specialty retail; or commercial recreation, to enhance or create the identity of specialized districts or Focus Areas in the City. LUT 8.3 Ensure that buildings are appropriate to their context and designed to be compatible with surrounding uses and enhance the desired character of their District. LUT 8.4 Encourage and require, where feasible, the incorporation of publicly accessible urban open spaces, including: parks; courtyards; water features; gardens; passageways; paseos; and plazas, into public improvements and private projects. LUT 8.5 Prepare urban design guidelines that help to create pedestrian -oriented development by providing: • Pedestrian circulation among parcels; uses; transit stops; and public or publicly accessible space and ensure that pedestrian routes and sidewalks are integrated into the overall transportation network; • Human scale design elements; • Varied and articulated building facades; • Visual (first floor clear glass windows) and physical access for pedestrians; • Ground floor residential and commercial entries that face and engage the street; and • Pedestrian-oriented streetscape amenities. LUT 8.6 Develop a master plan policy for artwork in public places that would identify the types of art desired and establish appropriate settings for the display of art, including within public rights-of-way and landscape medians. LUT 8.7 Ensure that vacant parcels and parcels with unsightly storage uses, such as auto salvage yards, are appropriately screened from the street to reduce their negative visual effects. LUT 8.8 Encourage the upgrading, beautification, and revitalization of existing strip commercial areas and shopping centers. Page 206 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-101 Gateways and Streetscapes Create enhanced gateway features for City entry points and other important areas, such as special districts. Policies LUT 9.1 Create consistent entry features for City entryways and gateways so people recognize that they are entering Chula Vista. LUT 9.2 The City will prepare, or cause to have prepared, entryway/gateway master plans for each of the identified entryways/gateway within the City to appropriately guide development within these areas (see LUT Section 3.2 and Figure 5 -6). These master plans will provide design guidelines and standards for public improvements, as well as for private or public development within these designated areas. Examples may include: enhanced pavement and/or sidewalk standards; enhanced landscape standards; thematic sign standards; and special architectural standards for buildings or other structures. The City will prepare a General Plan Implementation Program to assure establishment of these gateway master plans, and it will include interim provisions for the processing of any projects within these areas prior to completion and adoption of the according entryway/gateway master plan. LUT 9.3 As part of the approval process for projects within designated City entryway/gateway areas, the City shall confirm that the design conforms to applicable entryway/gateway design guidelines and standards. LUT 9.4 Cooperate with Caltrans to improve freeway landscaping, especially at on- and off-ramps and at freeway interchanges. LUT 9.5 Establish a pedestrian paseo along F Street (F Street Promenade) that will link downtown with the Interstate 5 Corridor District and the Bayfront Planning Area. Objective - LUT 9 Page 207 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-102 City of Chula Vista General Plan Create attractive street environments that complement private and public properties, create attractive public rights -of-way, and provide visual interest for residents and visitors. Policies LUT 10.1 The City shall create unique landscape designs and standards for medians for each major thoroughfare to distinguish each from the other and to provide a special identity for districts and neighborhoods. LUT 10.2 Landscape designs and standards shall include a coordinated street furniture palette, including waste containers and benches, to be implemented throughout the community at appropriate locations. LUT 10.3 Provide well-designed, comfortable bus stops throughout the City. LUT 10.4 Prior to the approval of projects that include walls that back onto roadways, the City shall require that the design achieves a uniform appearance from the street. The walls shall be uniform in height, use of materials, and color, but also incorporate elements, such as pilasters, that add visual interest. LUT 10.5 Require undergrounding of utilities on private property and develop a priority - based program of utility undergrounding along public rights-of-way. LUT 10.6 Study the locational requirements of utility, traffic control, and other cabinets and hardware located in the public rights-of-way to determine alternative locations for these items in less obtrusive areas of the street environment. LUT 10.7 Work with utility providers to coordinate the design of utility facilities (e.g., substations, pump stations, switching buildings, etc.) to ensure that the facilities fit within the context of their surroundings and do not cause negative visual impacts. Objective - LUT 10 Page 208 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-103 Objective - LUT 11 Quality Design Ensure that buildings and related site improvements for public and private development are well-designed and compatible with surrounding properties and districts. Policies LUT 11.1 Promote development that creates and enhances positive spatial attributes of major public streets; open spaces; cityscape; mountain and bay sight lines; and important gateways into the City. LUT 11.2 Promote and place a high priority on quality architecture, landscape, and site design to enhance the image of Chula Vista, and create a vital and attractive environment for businesses, residents, and visitors. LUT 11.3 The City shall, through the development of regulations and guidelines, ensure that good project landscape and site design creates places that are well -planned; attractive; efficient; safe; and pedestrian -friendly. LUT 11.4 Actively promote architectural and design excellence in buildings, open space, and urban design. LUT 11.5 Require a design review process for all public and private discretionary projects (which includes architectural, site plan, landscape and signage design) to review and evaluate projects prior to issuance of building permits to determine their compliance with the objectives and specific requirements of the City's Design Manual, General Plan, and appropriate zone or Area Development Plans. Page 209 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-104 City of Chula Vista General Plan Historic Resources Protect Chula Vista's important historic resources. Policies LUT 12.1 Establish a formalized process for historic preservation by evaluating requirements for certified local government status, as defined by the state historic preservation office. LUT 12.2 Amend City zoning codes, as necessary, to implement the recommendations contained in “An Evaluation of Historic Preservation in Chula Vista” and related subsequent evaluations and studies.. LUT 12.3 Adopt a Historic Preservation ordinance that implements the goals established by the City Council in February, 2000; the City Council strategic themes of 2003; and the document “An Evaluation of Historic Preservation in Chula Vista”. LUT 12.4 Conduct an objective, comprehensive City-wide survey of Chula Vista’s historical assets for the purpose of establishing a list of buildings appropriate for formal historical designation. LUT 12.5 Recognize the inherent public value of historic preservation in contributing to the beauty, character, and sense of place in Chula Vista, and promote and facilitate participation in the Mills Act and other appropriate incentive programs to encourage the preservation of cultural resources. LUT 12.6 Through the City's development regulations, acknowledge and recognize those areas of the City that have historic resources. Examine current and future zoning and development regulations and design guidelines to ensure they support preservation and restoration of designated historic resources, and, as appropriate, require new development or redevelopment to acknowledge these in context. Objective - LUT 12 Page 210 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-105 LUT 12.7 Continue to assess and mitigate the potential impacts of private development and public facilities and infrastructure to historic resources in accordance with the California Environmental Quality Act. LUT 12.8 As practicable, the City will support and encourage the rehabilitation of sound, historic buildings. LUT 12.9 Encourage and promote the adaptive reuse of historic resources and buildings, and, where appropriate, the non -historic buildings that embody Chula Vista's cultural or historic character. LUT 12.10 Promote the maintenance; repair; stablization; rehabilitation; restoration; and preservation of historical resources in a manner consistent with federal and state standards. LUT 12.11 Prior to the approval of any projects that propose the demolition or significant alteration of a potentially significant historic resource (as defined pursuant to applicable state and federal laws), require the completion of an historic survey report to determine significance. If determined to be significant, require appropriate and feasible mitigation pursuant to CEQA Guidelines, Section 15064.5. LUT 12.12 In instances where projects may adversely affect significant historic resources,. require the implementation of an appropriate conservation program in accordance with applicable state and federal laws. LUT 12.13 Protect, preserve, and seek to restore publicly-owned historical resources (such as Rohr Manor House and the Chula Vista Women’s Club). Page 211 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-106 City of Chula Vista General Plan Objective - LUT 13 Scenic Resources Preserve scenic resources in Chula Vista, maintain the City's open space network, and promote beautification of the City. Policies LUT 13.1 Identify and protect important public viewpoints and viewsheds thro ughout the Planning Area, including features within and outside the planning area, such as: mountain; native habitat areas; San Diego Bay; and historic resources. LUT 13.2 Continue to implement the City's planned open space network. LUT 13.3 Screen unsightly industrial properties on the Bayfront, or convert such properties to uses that are consistent with the desired visual character of the Bayfront. As described in section 11.0 of this Element and the Bayfront Master Plan. LUT 13.4 Any discretionary projects proposed adjacent to scenic routes, with the exception of individual single-family dwellings, shall be subject to design review to ensure that the design of the development proposal will enhance the scenic quality of the route. Review should include site design, architectural design, height, landscaping, signage, and utilities. Development adjacent to designated scenic routes should be designed to: • Create substantial open areas adjacent to scenic routes through clustering development; • Create a pleasing streetscape through landscaping and varied building setbacks; and • Coordinate signage, graphics and/or signage requirements, and standards. Page 212 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-107 7.7 Linking Chula Vista Internally and to the Region Chula Vista is an integral part of the larger San Diego region and is emerging as the dynamic hub of the south San Diego County area. To maintain and continue to develop in this role, it is crucial that Chula Vista's transportation system is well connected to the region's overall transportation network. It is equally important that Chula Vista's internal connections function efficiently and provide convenient access between the City's various activity centers, and from residential areas to activity centers. This General Plan anticipates full funding and completion of State Route 125, including the Otay River crossing, essential interchanges in Chula Vista, and accommodation of regional transit service as central to supporting the development concepts of the General Plan. Coordinate with appropriate regional and local agencies to create an effective regional transportation network that links Chula Vista to the surrounding region and Mexico. Policies LUT 14.1 Support the study, design, expansion, and construction of a regional freeway system that will have the capacity to carry forecasted regional traffic demand in and through the City of Chula Vista. LUT 14.2 Support planning for regional freeways and state highways to allow mitigation of anticipated impacts from external trips on the Chula Vista circulation system. LUT 14.3 Plan for high capacity regional freeway and Transit First facilities to adequately serve the regional travel demand resulting from the land uses associated with adjacent areas. LUT 14.4 Focus regional traffic corridors traversing the General Plan area to Interstate 5; Interstate 805; State Route 54; and State Route 125. Major east-west roads should be used to effectively distribute traffic to the freeways and tollways. Objective - LUT 14 Page 213 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-108 City of Chula Vista General Plan LUT 14.5 Continue to actively participate in regional organizations and p rocesses to ensure the integration of Chula Vista circulation system facilities with circulation systems planned for by other agencies. LUT 14.6 Define and evaluate quality of life standards for transportation, and establish an implementation plan for financing needed facilities. LUT 14.7 Coordinate with regional agencies to ensure adequate transportation links with regional population, employment and activity centers. LUT 14.8 In order to provide direct access to the University, RTP, Village Nine Town Center, and to provide regional transit service across the Otay Valley, support the construction of the Main Street and Otay Valley Road interchanges with State Route 125, as warranted in accordance with the City of Chula Vista Toll Road Agreement with San Diego Expressway Limited Partnership and Agreement Affecting Real Property, as amended. LUT 14.9 Work with regional planning agencies to incorporate revisions in the regional mobility network proposed to support the City of Chula Vista's General Plan. LUT 14.10 Work with regional funding agencies to prioritize transportation system improvements as they are needed in Chula Vista, local smart growth opportunity areas, and south San Diego County. Page 214 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-109 Improve transportation connections within Chula Vista and between eastern and western Chula Vista, particularly transit connections between major activity centers. Policies LUT 15.1 Study and consider physical and operational improvements to increase street and intersection capacity, provided they are compatible with other City goals. LUT 15.2 Optimize and maintain the performance of the traffic signal system and the street system to facilitate traffic flow and to minimize vehicular pollutant emission levels. LUT 15.3 Support the implementation of enhanced transit service concepts (such as Transit First!) on H Street and other major east/west arterials. Enhance east/west accessibility with use of Bus Rapid Transit (BRT). LUT 15.4 Develop an overall transportation system plan and standards, including an evaluation of service levels, to address mobility, accessibility, and linkage between eastern and western Chula Vista. LUT 15.5 Develop a convenient, destination-oriented shuttle system within the City that links activity centers, recreation opportunities, and other appropriate important destinations. Ensure that such a system is environmentally -friendly, affordable, and accessible, and connects Downtown Third Avenue, the Civic Center, H Street, and the Bayfront. Objective - LUT 15 Page 215 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-110 City of Chula Vista General Plan 7.8 Land Use and Transportation Integration Transportation and travel are important quality of life components for Chula Vista residents. Ease of getting back and forth to work and school, the amount of time spent commuting, and the number and degree of choices available for getting around are very important to the health and sustainability of Chula Vista. Land use type, function, and location all have a major effect on transportation use, and decisions about transportation influence what is built and where. Planning for land use and transportation facilities must be considered together to achieve the best solutions. Land use and transportation integration that provides for safe access to all modes of travel improves overall public health and sustainability, and decreases air pollutants, greenhouse gas emissions, and natural resources. Integrate land use and transportation planning and related facilities. Policies LUT 16.1 Promote the development of well-planned communities that will tend to be self- supportive and, thus, reduce the length of vehicular trips, reduce dependency on the automobile, and encourage the use of other modes of travel. LUT 16.2 Ensure that new development and community activity centers have adequate transportation and pedestrian facilities and safe connections to. LUT 16.3 Provide direct and convenient access to public transit stops within residential, commercial, and industrial areas. LUT 16.4 Develop plans, policies, and standards for enhancing interchanges and bridge crossings along (or over/under) the Interstate 5, Interstate 805, State Route 54, and State Route 125 corridors to support transit, vehicular, non-motorized, and pedestrian connections. LUT 16.5 Work with local transit agencies to determine if there are gaps in bus routes that provide service from underserved neighborhoods to healthy food opportunities. LUT 16.6 Work with local transit agencies to improve transit service linking residents with destinations (such as jobs and retail, especially in underserved neighborhoods Objective - LUT 16 Page 216 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-111 LUT 16.7 Work with local transit agencies to ensure that bus routed provide service from underserved neighborhoods to healthy food retail outlets and farmer markets. Objective - LUT 17 Plan and coordinate development to be compatible and supportive of planned transit. Policies LUT 17.1 Designate sufficient land at appropriate densities to support planned transit and require that development be transit -oriented, as appropriate to its proximity to transit facilities. LUT 17.2 Direct higher intensity and mixed use developments to areas within walking distance of transit, including San Diego Trolley stations along E, H, and Palomar Streets, and new stations along future transit lines, including Bus Rapid Transit (BRT). LUT 17.3 Establish new Town Centers in the East Planning Area to be transit-oriented and include a transit stop or station. LUT 17.4 Require developers to consult and coordinate with SANDAG and the City to ensure that development is compatible with and supports the planned implementation of public transit. 7.9 Improving Vehicular And Transit Mobility The City of Chula Vista will continue its efforts to develop and maintain a safe and efficient transportation system with adequate roadway capacity; however, the City's ability to widen roads to accommodate increased demand from automobile traffic is limited. In some areas road widening is not consistent with goals to create streets that are pedestrian-friendly and safe. Chula Vista is committed to creating streets that are designed and operated to enable safe access for all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities. Page 217 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-112 City of Chula Vista General Plan Reduce traffic demand through Transportation Demand Management (TDM) strategies, increased use of transit, bicycles, walking, and other trip reduction measures. Policies LUT 18.1 Support and encourage the use of public transit. LUT 18.2 Provide an efficient and effective paratransit service for elderly and handicapped persons unable to use conventional transit service. LUT 18.3 Provide and enhance all feasible alternatives to the automobile, such as bicycling and walking, and encourage public transit ridership on existing and future transit routes. LUT 18.4 Use master planning techniques in new development and redevelopment projects to enable effective use of public transit. LUT 18.5 Implement TDM strategies, such as carpooling, vanpooling, and flexible work hours that encourage alternatives to driving alone during peak periods. LUT 18.6 Encourage employer-based TDM strategies, such as: employee transportation allowances; preferential parking for rideshare vehicles; workplace-based carpool programs; and shuttle services. LUT 18.7 Support the location of private “telework” centers. LUT 18.8 Encourage establishment of park-and-ride facilities near or at transit stations, as appropriate to the area's character and surrounding land uses. LUT 18.9 Adopt roadway design guidelines that enhance street connectivity for pedestrians. Objective - LUT 18 Page 218 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-113 Coordinate with the regional transportation planning agency, SANDAG, and transit service providers such as the Metropolitan Transit System (MTS), to develop a state-of-the-art transit system that provides excellent service to residents; workers; students; and the disabled, both within the City, and with inter-regional destinations. Policies LUT 19.1 Designate transportation corridors as potential express transit facilities, such as Bus Rapid Transit (BRT). LUT 19.2 Actively support and contribute to local and regional planning efforts for the design and implementation of regional transit facilities. LUT 19.3 Support the implementation of Transit First! concepts and other innovative technologies to raise the standard of transit service. LUT 19.4 Provide incentives to promote transit in higher density areas. LUT 19.5 Plan for and promote improved access between the Palomar Street, E Street and H Street light rail stations and land uses east of those stations and to the Bayfront. This may involve the construction of separate bridges or ramps connecting Chula Vista streets to transit facilities and/or a deck over Interstate 5 to the Bayfront. Make transit-friendly roads a top consideration in land use and development design. Objective - LUT 19 Objective - LUT 20 Page 219 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-114 City of Chula Vista General Plan Policies LUT 20.1 Incorporate transit-friendly and pedestrian-friendly elements into roadway design standards, such as signal priority for transit and adequate sidewalk widths for pedestrians. LUT 20.2 Protect rights-of-way where possible to facilitate future transit service and support the development of secure park -and-ride lots within walking distance of transit stations. Continue efforts to develop and maintain a safe and efficient transportation system with adequate roadway capacity to serve future residents, while preserving the unique character and integrity of recognized communities within the City. Policies LUT 21.1 Provide alternatives and mitigation strategies, as reflected in SANDAG's Regional Comprehensive Plan, so that the area's transportation system is able to move people effectively through a combination of modes. LUT 21.2 Conduct periodic analysis of the existing circulation system to verify that acceptable levels of service are provided on circulation corridors, as well as individual signalized intersections, as part of a comprehensive growth management program. LUT 21.3 Minimize adverse impacts of the transportation system on adjacent land uses LUT 21.4 Maintain and improve existing infrastructure for the movement of people, goods, and vehicles within and throughout the City. Objective - LUT 21 Page 220 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-115 Objective - LUT 22 LUT 21.5 Consider public and personal safety and comfort factors in the design of major transit centers and their connections to the surrounding area, including consideration of crime prevention through environmental design (CPTED) principles and minimizing potential vehicle/pedestrian conflicts.. 7.10 Grade Separated Transit Crossing at E Street and H Street The San Diego Trolley Blue Line passes through the western part of the City of Chula Vista, along the east side of Interstate 5, with stations at E Street, H Street, and Palomar Street. Because the Trolley crossings of City streets are currently at -grade, station stops block the flow of traffic between Interstate 5 and western Chula Vista, resulting in delays and queues. This is especially true on E Street and H Street, which are major east/west roads linking the freeway and the western part of the City. These conditions will worsen due to local and regional traffic growth and the planned increase in Trolley service. Grade separation will reduce east/west traffic delays. Projected gridlock-like conditions will be substantially improved, because east/west traffic will flow through intersections without the queues and delays caused by increased Trolley crossings and their gate operations. Encourage regional and local efforts to continue planning for enhancements to Light Rail Trolley service along the west side of the City. Policies LUT 22.1 Provide grade separated Trolley crossings at E Street and H Street. LUT 22.2 Pursue regional, state and federal funding for grade separated Trolley crossings of E and H Streets. Page 221 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-116 City of Chula Vista General Plan 7.11 Increase Mobility Through Use of Bicycles and Walking Bicycles are an alternative to driving, accommodating longer trips than walking, especially when combined with transit. Every trip begins and ends with walking, so the pedestrian environment becomes the primary transportation element that connects all travel modes. For walking and bicycling to be viable alternatives to travel by car, the bicycle and pedestrian systems must efficiently and conveniently connect residential areas and activity centers in a safe and comfortable manner, and within an interesting environment. The creation of a transportation system that integrates Complete Streets design features and maximizes safety for drivers, transit users and pedestrians of all ages and abilities will increase mobility throughout the City. Complete Streets should be designed and operated to enable equal safe access for all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities; the result being transportation projects that make the street network better and safer. Promote the use of a balanced transportation system that maximizes safe and non-polluting alternatives for mobility Policies LUT 23.1 Encourage the use of bicycles and walking as alternatives to driving by providing safe routes.. LUT 23.1a Set a walkability distance goal of .25 to .5 miles (maximum distance a person needs to walk) for residents' access to daily retail needs or nearest transit stops. LUT23.1b Support walkability audits to identify inconvenient routes or route with potential hazards; and prioritize infrastructure improvements in communities with the most need. LUT 23.2 Foster the development of a system of inter-connecting bicycle routes throughout the City and region. LUT 23.3 In order to provide more choices for mobility, preserve, restore, or provide the opportunity for a cyclist to ride a bicycle or pedestrian to walk to virtually any chosen destination including transit hubs. LUT 23.4 Link major residential areas with principal trip destinations, such as schools; and recreational opportunities, such as schools, parks; trails; community centers and shopping centers. Objective - LUT 23 Page 222 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-117 LUT 23.5 Provide linkages between bicycle facilities that utilize circulation element alignments and open space corridors. LUT 23.6 In addition to using open space corridors, off-street bicycle trails should use flood control and utility easements. The trails shall be designed to minimize interaction with automobile cross traffic. LUT 23.7 Provide bicycle support facilities at all major bicycle usage locations. LUT 23.8 Provide and maintain a safe and efficient system of sidewalks, trails, and pedestrian crossings. LUT 23.8a Use traffic calming techniques to improve integration between pedestrians, bicyclists and motor vehicles. LUT23.8b Ensure that pedestrian routes and sidewalks are integrated into continuous networks. LUT 23.8c Establish street/sidewalk/trail design guidelines that accommodate a range of users; including access for disabled and bicyclists where feasible. LUT 23.9 Promote walking by providing short, direct, safe, and pleasant routes between residential areas and transit stations and/or activity centers. LUT 23.10 Promote the system of trails envisioned within the Chula Vista Greenbelt. LUT 23.11 Implement recommendations of the City's Bikeway Master Plan and Greenbelt Master Plan. LUT 23.12 Provide opportunities for use of personal mobility devices. LUT 23.13 New overpasses and interchanges should incorporate the Complete Streets design to accommodate safe travel for all users of all abilities. LUT 23.14 Require new development projects to provide internal bikeway systems with connections to the citywide bicycle networks. Page 223 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-118 City of Chula Vista General Plan 7.12 Regional Cooperation and Coordination Many important issues affecting Chula Vista's quality of life, such as traffic congestion; air quality; jobs; and economic prosperity are regional issues shared by San Diego County's other cities, and unincorporated areas. Region-wide discussion and planning, with coordinated action and implementation, can address and improve regional issues and concerns that affect Chula Vista. The Regional Comprehensive Plan (RCP) approved by SANDAG in July 2004 provides a common basis for the region's cities to address issues of mutual concern and to provide balanced, regional solutions. It is important that the City continue to participate on regional bodies that address these issues, and continue to advocate and support proposed RCP solutions that will improve the quality of life for City residents. The City is also influenced and affected by activities that take place immediately adjacent to its corporate boundary, such as National City, San Diego, and the Port of San Diego; within its sphere of influence, such as San Diego County’s Sweetwater Community Plan area; or in the nearby surrounding area, such as the Otay Valley and Otay Mesa. Chula Vista needs to address issues of concern or problems in these areas, including establishment of appropriate municipal service boundaries and clear community identity, and proactively work with the appropriate jurisdiction to develop solutions. Work cooperatively with other agencies and jurisdictions to address regional issues that affect the quality of life for Chula Vista's residents, such as land use, jobs/housing balance, transportation, mobility, and economic prosperity, and advocate proactively with appropriate agencies regarding key issues. Policies LUT 24.1 Continue to coordinate with regional planning agencies to address regional issues integral to Chula Vista residents' quality of life, and advocate proactively with appropriate bodies regarding key issues. LUT 24.2 Coordinate City strategies with SANDAG, member jurisdictions and other appropriate agencies and/or organizations to meet housing and employment needs. Objective - LUT 24 Page 224 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-119 LUT 24.3 Coordinate and cooperate with, and advocate the City's position and strategies on key issues with, appropriate State-wide agencies and organizations, including but not limited to Caltrans and the League of Cities. LUT 24.4 Coordinate airport land use compatiblility planning with the San Diego County Regional Airport Authority, in its role as the San Diego County Airport Land Use Commission. LUT 24.5 Coordinate and work closely with the Port of San Diego to ensure compatible land uses to meet recreational, visitor serving, housing, commercial, and maritime needs in the Chula Vista Bayfront. Address issues of concern or specific problems in areas immediat ely adjacent to the City's boundaries or within nearby surrounding areas, and proactively work with the appropriate jurisdiction to develop solutions. Policies LUT 25.1 Work with the City of San Diego to adjust the boundary between San Diego and Chula Vista to generally follow the Otay River. LUT 25.2 Work with the National City to adjust the boundary between National City and Chula Vista to generally follow the Sweetwater River/State Route 54. LUT 25.3 Work with the Port of San Diego to adjust the boundary between the Port Lands and Chula Vista in conformance with the Bayfront Master Plan. Objective - LUT 25 Page 225 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-120 City of Chula Vista General Plan 7.13 Relationship of Density / Intensity to Amenities Development in Chula Vista over the past 50 years has been primarily suburban in nature -- relatively low-density housing, well served by roadways where residents usually need to drive to shop, work, and play. Now Chula Vista is evolving from a suburban community into a city with a more urban-type environment in certain areas, primarily eastern Chula Vista's Eastern Urban Center (EUC) and portions of western Chula Vista. Urban-type environments are characterized by a mix of land uses and housing types, especially higher density, within walking distance of daily shopping needs; restaurants; entertainment; parks; plazas, and community facilities. Future urban-type development in the City will bring increased demand for services, infrastructure, and other needs. Due to the mostly built-out condition in the more mature areas west of Interstate 805, available land for acquisition for public parks and plazas is scarce and expensive. Various strategies will be employed to provide the needed community amenities for existing and new development in these mature areas of Chula Vista. All new construction, redevelopment, and infill development will observe City requirements and standards to provide necessary improvements. Implementation will be guided by appropriate plans and documents, including, but not limited to, the development standards and guidelines found in existing and future Specific Plans and other regulatory documents. The allowable density and intensity of development is tied to the provision of amenities needed to achieve the community's vision for a well-balanced urban environment. The amenities and incentives are intended to achieve the General Plan's vision and objectives for a vibrant and varied community that enhances and preserves Chula Vista’s unique features. Mixed use development, additional housing opportunities, and a transit-oriented, pedestrian-friendly urban environment provide for improved livability for residents, workers, and visitors. Various strategies will be employed to provide the needed community amenities for existing and new development in mature areas of Chula Vista. Page 226 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-121 Establish an Urban Core Improvements Program for the Urban Core Subarea. Policies LUT 26.1 Through the Urban Core Specific Plan, determine an urban framework for streets and gateways; transit accommodation; a network of parks and urban plazas; pedestrian-oriented streets; pedestrian and bicycle linkages; and activity nodes. LUT 26.2 Establish an Urban Core Improvements Program that addresses the urban framework elements; implements Urban Mobility techniques and parking strategies; determines what is needed in various areas; and sets priorities for implementation. LUT 26.3 Develop methods to finance the Urban Core Improvements Program, including but not limited to, Developer Impact Fees, tax increment financing (in redevelopment areas), and/or other financing programs. Establish a program for development to provide public amenities, and/or community services necessary to support urban development and implement the following policies. Policies LUT 27.1 Establish a program that relates the allowable floor area ratios (FAR) and residential densities of projects to the provision of the following potential public benefits or amenities and community services, as well as others not listed: • Public plazas and pocket parks • Water features in public open spaces Objective - LUT 26 Objective - LUT 27 Page 227 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-122 City of Chula Vista General Plan • Public art • Streetscape improvements • Pedestrian path improvements • Enhanced pedestrian connections between parks, public spaces, and neighborhoods by means of paths and open space areas • Jogging, walking, and fitness trails • Outdoor through-block connections • Sidewalk widening • Arcades • Upper-level setbacks for buildings more than 30 feet above grade • Lower-level planting terraces or landscaping • Underground parking and loading • Parking concealed by occupiable space • Additional on-site structured parking for adjacent commercial or residential uses • Off-site park and open space contributions • Transit station access and improvements • Bike lockers • Locate secure bicycle parking facilities near transit centers and major public and private buildings • Human services programs, such as child daycare or senior daycare • School or educational amenities • Acquisition and maintenance of significant architecture or historical buildings or features • Larger lot sizes created through lot consolidations • Streetfront facades/windows • Affordable housing Consider use of lot consolidation, where appropriate, so that projects meeting the objectives of this General Plan can be achieved, and a high level of community amenities can be provided. Policies LUT 28.1 Recognize that small lot sizes existing in the Urban Core Subarea and elsewhere may hinder implementation of projects; therefore, where appropriate, encourage and facilitate the consolidation of lots in order to meet the objectives of this General Plan and achieve a higher quality project with enhanced community amenities. Objective - LUT 28 Page 228 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-123 LUT 28.2 Encourage development of projects on larger lots and consolidated lots in order to achieve the objectives of this General Plan and to take advantage of any incentives program. 7.14 Clustering of Residential Development The concept of residential clustering involves the aggregation or grouping of allowable residential units onto a reduced land area on a particular site, typically in response to the site's unique physical characteristics. These characteristics include such items as: topography; geology; biological resources; or other similar constraints. Clustering may also be used to provide additional amenities for project residents, such as creating open space and/or recreational opportunities. Clustering is most effective when both the site resources and the residents are benefited. One concern with clustering is that the resulting residential type and/or configuration becomes different than that intended for the area (in a non -clustered situation), and raises issues of consistency and compatibility. To respond, the degree of clustering should not result in housing types inconsistent to the area, such as creating multi -story, multifamily units in a single family designated area. In such an instance, smaller lot single -family dwellings, and single -family attached units or townhomes would be more appropriate. To address another concern, use of clustering is not intended to yield a number of units that would otherwise not be approved on the site in a normal configuration. Allow for the clustering of residential development to respond to site constraints, and improve amenities for project residents. Policies LUT 29.1 Clustering in response to site constraints must accomplish one or more of the following: preservation of natural landforms; significant reduction in the amount and extent of grading; response to geologic, soil or other hazards; and/or protection of sensitive biological resources. Objective - LUT 29 Page 229 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-124 City of Chula Vista General Plan LUT 29.2 Clustering may be allowed when it aggregates open space with the project for amenity and recreational purposes, and/or improves the visual and functional qualities of the project. LUT 29.3 Clustering shall not result in the creation of dwelling product types that are substantially out of character with the intended dwelling type for the subject General Plan residential classification. The introduction of some unit types typically applicable to the next highest residential density classification may be allowed, provided that the predominant character of the project maintains consistency with the applicable residential classification. 7.15 Parking Parking is a major component of existing and new development or redevelopment; however, parking demand and how it is met should not dominate or detract from the urban environment. Excessive land used for surface parking reduces residential and commercial densities and increases the distance between buildings and streets. A neighborhood or district's parking supply should be appropriate for the area's land uses and level of transportation service. Parking facilities should fit well within the area and not negatively affect its pedestrian -oriented environment, aesthetic qualities, or overall appearance. Use parking management to better utilize parking facilities and implement policies to reduce parking demand before considering public expenditures for additional parking facilities Policies LUT 30.1 Consider limiting parking in appropriate areas to discourage single -occupant vehicle commuting and to reinforce non-auto travel modes, but not so limiting as to adversely affect the viability and vitality of the area. Objective - LUT 30 Page 230 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-125 LUT 30.2 Consider establishment of maximum allowances for off-street parking spaces in mixed use zones where parking demand could be offset by close proximity of uses or availability of transit. LUT 30.3 Emphasize the provision of short-term parking (e.g., parking duration limits, time- of-day, restricted parking zones) over long-term parking in commercial areas. Provide parking facilities that are appropriately integrated with land uses; maximize efficiency; accommodate alternative vehicles; and reduce parking impacts. Policies LUT 31.1 Strategically locate parking structures to serve commercial and employment centers, and to provide park and ride opportunities for use of express shuttle, trolley service, and other transit. LUT 31.2 Encourage consolidation of surface parking lots into structured parking facilities where appropriately located and well-designed. LUT 31.3 Provide parking and recharging facilities for alternative vehicles such, as bicycles and electric and low-emission vehicles. Evaluate the use and applicability of various strategies to provide parking. Objective - LUT 31 Objective - LUT 32 Page 231 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-126 City of Chula Vista General Plan Policies LUT 32.1 Consider the joint use of parking facilities in mixed use areas where peak parking occurs at different times of the day or week and the parking facility is within one quarter mile of the uses it will serve. LUT 32.2 Consider the establishment of parking districts that may include a variety of public parking facilities, including surface lots and parking structures, to provide parking for a bounded geographical area. LUT 32.3 Consider the use of parking credits for developers in exchange for transit facility placement, bicycle facilities, and/or monetary contribution toward public parking. LUT 32.4 Consider the use of in-lieu fees, whereby a specified amount is submitted to the City for each parking space not provided on site, which the City shall subsequently use for the construction of public parking facilities. Ensure that parking facilities are appropriately sited and well -designed in order to minimize adverse effects on the pedestrian -oriented environment, and to enhance aesthetic qualities. Policies LUT 33.1 Off-street surface parking areas should be located and designed in a manner that supports and does not conflict with pedestrian activity, such as to the side or rear of buildings, wherever feasible. In pedestrian-oriented areas, locate surface parking lots to the rear or side of buildings, wherever feasible. LUT 33.2 Establish design guidelines for the siting and creation of parking structures, including the requirement that parking structures adjacent to street frontage have ground floor commercial uses along the frontage and that their facades incorporate design features that enhance the street frontage. Objective - LUT 33 Page 232 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-127 7.16 Planning For Healthy Communities Both Land use and transportation, have a strong influence on people's lifestyles and in promoting a healthy and sustainable community. Land use arrangements and mixes that provide safe, easy and convenient access to, transit and other non-auto modes of travel ,access to daily needs, conveniences, and employment, and phisical activity create the underpinnings for a healthy community. Auto emissions are the single largest source of air pollution, and air quality is a major environmental health factor therefore multi-modal options that reduce reliance on the auto should be pursued. The availability of safe, convenient and connected walking paths, trails and bikeways, and neighborhood-based park and recreational options also promote physical activity and exercise. Providing mobility options can improve environmental healthy by reducing reliance on auto usage. Highlighting the growing awareness of the need for healthy planning the national “Healthy Community” Initiative stresses healthy choices at all levels from appropriate placement of land uses to ensure that citizens are not adversely affected by uses that may present health risks, development of an interconnected transportation system that meets the varied modal needs of all travelers, to opportunities for exercise and easy and convenient access to physical activity, to recreation facilities and healthy food choices. Another important facet of the Healthy Community initiative is increasing availability and access to healthy food choices. This is particularly relevant in lower income areas that may have limited food choices. Those areas are likely to be prone to concentrations of fast-food restaurants and an over-concentration of small grocery stores that do not carry a full range of products including fresh produce. Increased focus toward ensuring that neighborhood-serving commercial areas provide access to a full range of healthy food is fundamental to the success of a healthy community. This section includes policies designed to ensure that sources of healthy foods are accessible in all neighborhoods. Other parts of the General Plan also relate to the notion of a healthy and sustainable community and address topics such as mixed use and transit oriented development, a balanced interconnected and safe transportation system, access to trails and park and recreation facilities and services; sustainable development; protection of the environment and people from air and water pollution and hazardous materials. For instance, other sections of this Land Use and Transportation Element address Land Use and Transportation Integration, Improving Vehicular and Transit Mobility, and Increasing Mobility Through Use of Bicycles and Walking; Section 3.5 of the Public Facilities and Services Element deals with Parks and Recreation, and includes an objective and policies on Joint Use of Park and School Facilities; the Environmental Element (Chapter 9) contains sections on Sustainable Development; Promoting Clean Air including indoor air quality; Protecting Water Quality; and Hazardous Materials and Waste. Page 233 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-128 City of Chula Vista General Plan Support healthy lifestyles among residents through increasing opportunities for regular physical activity and healthy food choices. Policies LUT 34.1 Encourage the development of parks and open space, as well as a network of pedestrian walkways for physical activity in all neighborhoods. LUT 34.2 Provide adequate lighting for streets; parks; recreation facilities; sidewalks; and bike paths to promote their use. LUT 34.3 Promote access to fresh healthy, and affordable foods through opportunities such as farmer’s markets LUT 34.4 Encourage fresh food access in all neighborhoods. LUT 34.5 Utilize existing incentive programs, and create new programs to encourage neighborhood grocery stores to sell fresh, healthy foods, such as produce, in underserved areas.. Avoid concentrations of unhealthy food providers within underserved neighborhoods. Policies LUT 34A.1 Encourage the development of incentives to attract businesses that provide healthy food options particularly in underserved areas and neighborhoods with a prevalence of convenience, fast food, and liquor stores. LUT 34A.2 Evaluate limiting the number or concentration of fast food restaurants through amendments to the zoning ordinance. LUT 34A.3 Consider developing a policy or a program that limits the number or concentration of liquor stores or other retailers that sell alcohol for off -site consumption. LUT 34A.4 Prioritize healthy food development incentives in areas with a high ratio of convenience, fast food, and liquor stores. Objective - LUT 34 Objective - LUT 34A Page 234 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-129 LUT 34A.5 Provide incentives such as fast-track permitting for grocery stores that are located in or want to locate in underserved areas. Foster health and well being of all residents by building relationships and implementing procedures that makes access to fresh food a priority Policies LUT 34B.1 Support Community Gardens as a means to enhance the availability and appreciation for fresh fruits and vegetables and to provide an opportunity for exercise, additional green space and a place for community gatherings. LUT 34B.2 Modify and update the Community Garden Policy to encourage the use of underutilized parcels, both public and private, for community gardens; and other modifications as necessary. LUT 34B.3 Through implementation of the adopted Community Garden Policy identify and inventory potential community garden sites on underutilized parcels, schoolyards and public spaces and pursue appropriate agreements to facilitate development of community gardens at these sites. LUT 34B.4 Encourage community-based organizations to take an active role in sponsoring community gardens and other opportunities for access to fresh and healthy foods. LUT 34B.5 Explore the idea of amending the municipal code and city policies to address opportunities for urban agriculture. Encourage healthy eating habits and the promotioin of good nutrition and healthy eating Policies LUT 34C.1 Through the City's various means of communication disseminate information about healthy eating habits. LUT 34C.2 Consider requiring restaurants to post nutrition information for menu items. Objective - LUT 34B Objective - LUT 34C Page 235 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-130 City of Chula Vista General Plan LUT 34C.3 Create programs to encourage restaurants to adopt menus consistent with dietary guidelines. LUT 34C.4 Create incentives to encourage restaurants to use locally grown produce. LUT 34C.5 Collaborate with health officials, school districts, and community members to educate the public about the benefits of good nutrition and healthy eating and opportunities for access to healthy and fresh food. LUT 34C.6 Create a marketing plan that focuses on educating the community on the importance of good nutrition and healthy eating and identifying Chula Vista as a healthy community. 7.17 Evaluations for Mobilehome Developments; Mobilehome Overlay District As noted in LUT Section 7.1 and in Housing Element Part 1, Section 3.0, maintai ning an adequate supply of land designated and zoned at appropriate densities to support a variety of residential housing types is an important component of ensuring sufficient diversity and balance to meet the needs of existing and future residents. In Chula Vista, mobilehome developments have historically been a part of that supply, and have effectively provided a unique and affordable housing source. Housing costs for mobilehome living are often lower than market rates for other types of housing such as comparable sized rental apartments. As such, it is not uncommon to find that many of the households residing in mobilehome developments are living on fixed incomes, or are otherwise in need of lower -income affordable housing. Additionally, many residents own their own coach, but rent or lease the land space, leaving them vulnerable to changes in land use. These circumstances can present added challenges in finding suitable replacement housing options for mobilehome residents in the event of potential closure of one or more of these developments. As shown on Figure 5-18(A), there are currently 32 mobilehome developments within the City in a variety of settings ranging from well organized and maintained parks with exclusive Mobile Home Park (MHP) zoning, to less formal and often smaller trailer parks in areas zoned for commercial or other development. Within the Urban Core Subarea, several mobilehome developments fall within the Interstate 5 Corridor District where higher density housing and transit-focused mixed uses are envisioned to occur. With increasing housing demands and rising land costs throughout the region, the likelihood for potential closure of some mobilehome Developments over time is real. Page 236 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-131 In recognition of these circumstances, and in order to better balance the often unique needs of mobilehome residents with the challenges in locating suitable replacement housing, it is important that analysis and planning be undertaken in accordance with the principles of the Housing Element objectives prior to the City's consideration of any requested change in use and/ or rezoning affecting any of the existing mobilehome sites. In order to accomplish this, the Mobilehome Overlay District is established to ensure that the appropriate evaluation and consideration of the affects of potential changes in use and/or urban redevelopment on this Unique form of housing from the standpoints of housing opportunity, affordability, and displacement, replacement and/or relocation assistance is conducted in accordance with the Principles et forth in the Housing Element and the Municipal Code. As stated in the following Objective and Policies, the Mobilehome Overlay District ensures that the analysis and planning on the affects of closure on existing mobilehome residents is conducted and that the property owner and/or project proponent has prepared and carried out a Plan to address those affects as required by the Municipal Code. Ensure sufficient evaluation and response to the effects of any change Of use or urban redevelopment of existing mobilehome developments. Policies LUT 34.D.1 Prior to the City's consideration of any proposed change of use and/or rezoning pursuant to Municipal Code Chapter 9.40 of any mobilehome development properties within the City as identified on Figure 5-18(A), the property owner and/or project proponent shall prepare a plan in conformance with applicable State and City regulations including Municipal Code Chapter 9.40, and to the satisfaction of the Director of Planning and Building and the Director of Community Development, that provides steps and provisions to mitigate any adverse impacts of the conversion on the affected residents. LUT 34.D.2 At the time of consideration of any change of use and/or rezoning of any of the mobilehome properties noted above, the City Council shall review the plan prepared under Policy 34.A.1, and prior to taking action on said change of use and/or rezoning in accordance with the requirements of Municipal Code Chapter 19.06 and section 19.12.020, shall make the following findings: • That the proposed change of use and/or rezoning will not adversely affect attainment of the City's goal to provide a variety of housing options within the City. (Housing Element Objective 3) Objective - LUT 34-D Page 237 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Page LUT-132 City of Chula Vista General Plan • That the proposed change of use and/or rezoning is supported by sound planning principles, and higher density, affordable replacement housing within the City will remain in sufficient supply. (Housing Element Objective 3) • That the property owner and/or project proponent plan does ensure sufficient evaluation and response to the effects of the change of use and/or rezoning of the existing mobilehome development. (Housing Element Objective 4) • That the proposed change of use and/or rezoning will not result in severe or undue hardship on affected mobilehome residents. (Housing Element Objective 4) • That the property owner and/or project proponent plan complies with applicable City and State mobilehome conversion and relocation regulations. (Housing Element Objective 4) • That prior to the commencement of any closure of the mobilehome development, that the property owner(s) will prepare and ensure performance of a detailed closure and relocation plan consistent with the requirements of CVMC Section 9.40 and applicable State regulations, and to the satisfaction of Directors of Planning and Building and Community Development. Explore opportunities to reduce Disease, Injury and Obesity Policies LUT 34.E.1 Utilitize quantitative data such as Health Impact Assessements as a means of assessing the health impacts of city policies, plans, and both public and private projects. LUT 34.E.2 Implement systematic measurement and reporting techniques to monitor and assess the health of Chula Vistans and utitlize the data to identify and implement policies and programs for improvement. LUT 34.E.3 Include health advocates into program and project review processes. LUT 34.E.4 Encourage the location of health services throughout the community and especially within underserved communities. Objective - LUT 34-E Page 238 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Mobile Home Overlay District NORTH N.T.S. Figure 5-18A Page LUT-133 Page 239 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Blank Page 240 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 241 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 242 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 243 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 244 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda HOUSING ELEMENT 2021-2029 APPENDIX B 2.2 Growth Management The following programs and plans have been adopted to guide future development of Chula Vista: Growth Management Element: The Growth Management Element of the General Plan is designed to guide the demands for growth and development, revitalization and environmental protection to improve the quality for current and future residents of Chula Vista. Growth Management Program: The Growth Management Program was adopted in 1991and serves as the primary mechanism for the Growth Management Element of the General Plan. The program sets the foundation for carrying out City development policies by directing and coordinating future growth to ensure timely provision of public facilities and services. The program establishes thresholds for eleven areas affecting Chula Vista, including traffic, police, fire and emergency services, schools, libraries, parks and recreation, water, sewer, drainage, air quality, and economics. The City's Controlled Residential Development Ordinance (CVMC 19.80) was adopted in 1991 to manage the rapid growth of residential development, particularly in the eastern part of the City. The concerns were for impacts to traffic, public safety services, schools, libraries, and infrastructure. The ordinance is intended to control and manage impacts associated with residential development to protect and sustain the quality of life. However, the State is experiencing a severe housing shortage, as such, several laws have been enacted recently in an effort to create more residential dwelling units, in particular, affordable housing; as a consequence, growth management measures could be affected. The City needs to evaluate CVMC 19.80 in an effort to meet housing demand, and minimize the impact on growth management efforts, by implementing policies that create a balance between meeting housing needs and controlling rapid residential development. Chula Vista citizens recently voted to pass Measure A and Measure P. These measures provide funding for public safety and infrastructure to meet the needs of increased demand for public safety and improve existing facilities and infrastructure, which can satisfy growth management efforts and facilitate residential development. The City recently adopted Accessory Dwelling Unit and Junior Accessory Dwelling Unit Ordinances that provide affordable housing on lots with existing or proposed dwellings in zones where residential development is allowed including multifam ily and commercial zones. These units generally do not significantly impact public service and infrastructure capacity while increasing the number of available housing. As of January 2020, the State enacted laws that promote accessory dwelling development by mandating municipalities to reduce or eliminate zoning regulations and fees. Page AB-15 Item 6.2 - Revised Attachment 4 Received 1/23/2024 Page 245 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda HOUSING ELEMENT 2021-2029 APPENDIX B Growth Management Ordinance: This ordinance was adopted in 1991 and codifies Growth Management intents, standards, requirements, and procedures related to the review and approval of development projects. The City will review the Growth Management Ordinance for potential amendments to be considered. 2.3 Density Bonus State law allows a dev eloper willing to provide a percentage of the housing units for targeted populations an increase in the density of a residential development, implementation of prescribed parking standards, and for certain developments, waivers of developments standards and additional incentives or financial equivalent (such as modified development standards or reduction/waiver of application or development impact fees). % of DUs to be Restricted Targeted Populations 5% Very Low-Income households (incomes 50% and less of median) 10% Lower-Income households (incomes 80% or less of median) 10% Moderate-Income households (120% of median income) but only if project is common interest for sale development 10% Transitional Foster Youth, Disabled Vets or Homeless Persons and restricted to Very-Low-Income rents (AB 2442; 09/28/2016) 100% Lower-Income households, but may include a max of 20% for Moderate Income (AB 1763; 10/09/2019) 20% Low-Income student housing (SB 1227; 09/29/2018) 100% Senior citizen housing development With recent State legislation passed since the 2013 Housing Element, the City will need to revise Chapter 19.40 of the Chula Vista Municipal Code (CVMC) for compliance with State Density Bonus law at California Government Code Section 65915 . Page AB-16 City of Chula Vista General Plan Item 6.2 - Revised Attachment 4 Received 1/23/2024 Page 246 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda HOUSING ELEMENT 2021-2029 APPENDIX C 2.3 Availability of Public Services and Facilities At the core of the City of Chula Vista's Growth Management Program, lie Threshold Standards imposed to assure adequate infrastructure and services are in place as development occurs, and to control the rate of growth. Therefore, Pprior to the approval of future residential development, the provision of adequate infrastructure is a required finding to assure adequate infrastructure and services are in place as development occurs . Additionally, Chula Vista currently has adequate public services and facilities to serve all new residential development that may occur throughout the City , and. Additionally, fees are collected for new and infill development to maintain said services and facilities Threshold Standards. Page AC-27 Item 6.2 - Revised Attachment 4 Received 1/23/2024 Page 247 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda HOUSING ELEMENT 2021-2029 APPENDIX G meeting City staff provided an update of the current status of the 6th Cycle Housing Element Update process. The meeting provided an opportunity for the Commission to review proposed policies and programs for the 6th cycle Housing Element update, receive public comment and provide direction to staff on housing issues and policies of the Housing Element. ■ Commission on Aging - On February 12, 2020 a publicly noticed meeting was held to discuss the RHNA allocation, understand the Housing Element process and requirements, review data, receive public comment and provide direction to staff on housing issues and policies of the Housing Element. ■ Growth Management Oversight Committee meeting of September 17, 2020 - This publicly noticed meeting provided an opportunity to the Committee to hear an update on current housing legislation, the Housing Element process, policies and status of the 6th Cycle Housing Element Update process and allowed the Commission to review data, receive public comment and provide direction to staff on housing and its impact on quality of life of the community. • Development Oversight Committee was provided a presentation on RHNA and the kickoff the Housing Element 6th cycle and on January 28, 2021 was provided an overview of the Housing Element and proposed Housing Element policies and programs, particularly those that were being revised and new to the 6 th cycle related to recent housing legislation. The City hosted four online meetings with stakeholders and community organizations on August 20 and 24, 2020. Attendance for all events were low with three to five persons attending each event. On August 20, 2020, City staff hosted two meetings for community stakeholders, one for market rate and affordable housing developers and other hous ing industry professionals and one for social service providers, advocates and educators. Over 40 developers and organizations were mailed invitations, a Public Notice was circulated for both meetings and the meetings were advertised on the City's website. On August 24, 2020, City staff hosted online meetings with the public both in English and Spanish. Advertisement of these meetings were placed in the City's newsletter, on its website and posts Page AG-20 City of Chula Vista General Plan Item 6.2 - Revised Attachment 4 Received 1/23/2024 Page 248 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-i City of Chula Vista General Plan TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 Purpose and Scope 1 1.2 Implementing the Vision and Themes 1 1.3 Relation to Other General Plan Elements and Policies 2 1.4 Related Plans and Programs 2 1.4.1 Regional Growth Management Strategy 2 1.4.2 Regional Comprehensive Plan 3 1.5 Sustainable Development 3 Figure 9-1: Key Components of Sustainable Development 4 1.6 Environmental Justice 6 1.6.1 Relationship to General Plan Land Use Planning And Policies 6 1.6.2 Equitable Distribution of Public Facilities and Services 7 1.6.3 Overconcentration of Industrial Uses 7 1.6.4 Transit-Oriented Development 7 2.0 GOAL 9 3.0 PLANNING FACTORS, OBJECTIVES, AND POLICIES 10 3.1 Conservation 10 3.1.1 Multiple Species Conservation Program (MSCP) 10 Figure 9-2: City of Chula Vista MSCP Subarea and Planning Map 13 3.1.2 Protecting Water Quality 15 Figure 9-3: San Diego Bay Watershed Map 19 3.1.3 Meeting Water Demand Through Conservation and Efficient Use 22 3.1.4 Preserving the Opportunity for Agricultural Uses 24 3.1.5 Wise Use of Mineral Resources 26 3.1.6 Promoting Clean Air 28 Table 9-1: San Diego County’s Federal and State Designations for Criteria Pollutants as of December 2004 28 Figure 9-4: MRZ-2 Map 29 3.1.7 Creating a Sustainable Energy Future 35 3.1.8 Promoting Solid Waste Reduction Strategies 37 3.1.9 Protecting Chula Vista’s Cultural Resources 38 3.1.10 Protecting Paleontological Resources 40 Page 249 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-ii City of Chula Vista General Plan 3.2 Open Space 42 3.2.1 Connecting and Improving Chula Vista’s Open Space and Trails Network 44 Figure 9-5: General Plan Area Open Space Map 45 Figure 9-6: Natural Systems Open Space Map 47 3.2.2 Providing Connections to the Regional Open Space and Trails Network 51 3.2.3 Exploring Ecotourism Opportunities 52 3.3 Natural Hazards 53 3.3.1 Identifying and Limiting Geologic Hazards 53 Figure 9-7: Geologic Hazards Map 55 3.3.2 Identifying and Limiting Flood Hazards 57 Figure 9-8: Flood and Dam Inundation Hazards Map 59 3.3.3 Identifying and Limiting Wildland Fire Hazards 60 Figure 9-9: Wildland Fire Hazards Map 61 3.4 Hazardous Materials and Waste 62 3.4.1 Remediation of Contaminated Sites 62 3.4.2 Managing Household Hazardous Waste 63 3.4.3 Siting Hazardous Waste Facilities 64 Figure 9-10: General Areas Map 66 3.4.4 Siting and Managing Facilities that Use, Store, and Handle Hazardous Materials and Waste 67 3.5 Noise 69 3.5.1 Protecting People from Excessive Noise 69 Table 9-2: Exterior Land Use/Noise Compatibility Guidelines 70 Figure 9-11: Existing Noise Contour Map 71 Figure 9-12: Projected 2030 Noise Contour Map 73 Figure 9-13: Brown Field Year 2000 Noise Contour Map 75 3.5.2 Minimizing Transportation Noise 77 3.6 Environmental Justice 78 Page 250 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-1 City of Chula Vista General Plan 1.0 INTRODUCTION 1.1 Purpose and Scope The Environmental Element establishes the policy framework for improving sustainability through the responsible stewardship of Chula Vista’s natural and cultural resources, promotion of both physical and environmental health, and protection of persons and property from environmental hazards and noise. It contains policies that reconcile conflicting demands created when population growth and development consumes natural resources--both renewable and non-renewable, finite resources and environmental justice policies to help achieve a healthy sustainable community for everyone The California Government Code requires General Plans to include con servation, open space, noise, and safety element s. These elements address relevant environmental issues, including: open space; water quality and conservation; biological resources; mineral resources; air quality; cultural resources; agricultural resources ; energy; noise; and geologic, flood, and wildla nd fire hazards. These and other issues and topics are addressed in this Environmental Element, which is divided into the following sections: Conservation; Open Space; Natural Hazards; Hazardous Materials and Waste; and Noise. 1.2 Implementing the Vision and Themes The Vision for Chula Vista is to preserve and enhance the unique features that give Chula Vista its character and identity, while at the same time improving our community and meeting the opportunities and challenges that lie ahead. Achieving this Vision requires that the City recognize that its natural resources are finite, and that responsible and just stewardship is essential for the future enjoyment and utilization of these resources. The City further recognizes that integrating policies that promote a healthy and sustainable community is essential to the quality of life for all residents. A full discussion of our Vision and seven Themes is found in Chapter 4 of this General Plan. This Environmental Element focuses on and develops four of those Themes: Theme 1: Strong Community Character and Image Chula Vista continues to develop as a city with a distinct identity that its citizens are proud to call home. Page 251 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-2 City of Chula Vista General Plan Theme 4: Improved Mobility Chula Vista provides a wide range of convenient and affordable mobility options that allow people to go from where they are to where they want to be, in a safe; pleasant; rapid; cost-effective; and environmentally friendly manner. Theme 5: Healthy and Sustainable Community Chula Vista is committed to the health and wellbeing of all of its residents. Theme 6: High Quality Community Services Chula Vista places a high priority on exemplary community services and facilities (such as police and fire protection, libraries, and park and recreation), and continues to ensure that services and infrastructure expand to match needs created by growth and redevelopment. 1.3 Relation to Other General Plan Elements and Policies The elements of a general plan are closely interrelated. Each element must be internally consistent as well as consistent with one another. The Land Use and Transportation Element addresses the location and compatibility of land uses and provides for a planned pattern of land uses, including lands designated for habitat conservation, open space, and parks and recreation uses. Integration between Land Use and Tranportation, such as mixed use, transit oriented development, is an integral part of a sustainable community. The Public Facilities and Services Element addresses municipal water and sewer services; parks and recreation facilities; solid waste disposal; and energy, all of which relate to the Environmental Element. Cross-references are provided, where applicable, throughout the Environmental Element to identify where these interrelationships with other elements exist. 1.4 Related Plans and Programs 1.4.1 Regional Growth Management Strategy The Regional Growth Management (Strategy) was adopted by the San Diego Association of Governments (SANDAG) in 1993, as mandated by the voters through Proposition C, the Regional Planning and Growth Control Initiative. The Strategy takes “a quality of life” approach to growth management, and contains standards, objectives and recommended actions for nine quality of life factors, such as: air quality; water; sensitive lands and open space preservation and protection; and solid waste management. Through a joint powers agreement, local jurisdictions, including Chula Vista, have agreed to certify that the ir general plans are consistent with the Strategy. Page 252 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-3 City of Chula Vista General Plan 1.4.2 Regional Comprehensive Plan SANDAG serves as the forum for decision -making on regional issues in San Diego County. Significant growth throughout the region and beyond has resulted in numerous challenges and anticipated future growth represents further challenges. As a result, SANDAG adopted the Regional Comprehensive Plan (RCP) in 2004 to help chart where the region's future growth should be focused and to prioritize public infrastructure investments. While new construction in the region in recent decades has occurred largely in previously undeveloped areas, the vision of the RCP is that future population growth will be focused away from rural area s and closer to existing and planned job centers and public facilities, including transit. The RCP w as not designed as a regulatory plan, but rather as a guidance plan. As such, the preferred implementation approach is that local and regional agencies inco rporate the recommended policy objectives and actions into their local and regional plans as these plans are updated in the future. Additionally, the RCP recommends that incentives be provided to member agencies for including the policy objectives in their plans, and for helping to implement the actions contained in the RCP. The City’s General Plan supports relevant RCP policy objectives and actions. 1.5 Sustainable Development Chula Vista's Vision to preserve and enhance the unique features that give the City its identity, while at the same time creating a healthy and sustainable community that meets the opportunities and challenges that lie ahead, can be achieved, in part, through the promotion of sustainable development. The most widely accepted defini tion of “sustainable development” as, presented by the United Nations World Commission on Environment and Development in 1987, is as follows: “Sustainable development meets the needs of the present without compromising the ab ility of future generations to meet their own needs.” Sustainable development is a means of balancing growth and economic progress with the protection of natural resources and the environment in a socially responsible manner. Sustainable development consi sts of three key components--economic security, environmental integrity, and social/cultural equity --that overlap and function together, as illustrated in Figure 9 -1. Page 253 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-4 City of Chula Vista General Plan These three components are equally important in developing a basis for sustainability, and are not mutually exclusive. Community sustainability is strengthened through identifying and addressing the issues that affect sustainable development, and creating measures to secure, protect, and enhance valuable resources and the physical health and well being of the community. Sustainability issues exi st on a global level and at all levels of government. This General Plan addresses sustainable development at the local, community level. Such a local effort requires coordination and cooperation between all agencies that provide s ervices within the community. While not all aspects of sustainability can be affected locally, much can be achieved by including policies and programs in a jurisdiction's General Plan that promote sustainable development. Chula Vista currently implements a number of programs to pro mote sustainable development, and strives to expand upon such programs. Based upon the three key components illustrated in Figure 9 -1, the following discussion addresses the characteristics of sustainability related to municipal planning functions: Figure 9-1 Economic Security focuses on balancing revenues and expenditures needed to provide sustainable services and improve the quality of life for local residents. This can be EEccoonnoommiicc SSeeccuurriittyy EEnnvviirroonnmmeennttaall IInntteeggrriittyy accomplished by creating a General Plan that facilitates revenue-generating sources sufficient to support the ongoing operation of a jurisdiction and its ability to provide the facilities and levels of service desired by the SSoocciiaall//CCuullttuurraall EEqquuiittyy Key Components of Sustainable Development community. Jurisdictions can promote a mix of diverse jobs and affordable housing that provides the opportunity for residents to live and work within their community. By expanding educational opportunities within a commun ity, residents can increase their marketable skills without leaving the area. A local eco nomy that provide such opportunities is considered to be sustainable. Page 254 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-5 City of Chula Vista General Plan Environmental Integrity deals with the preservation and conservation of natural resources, including water, biological resources, and air quality, an d with improving environmental sustainability, such as increasing development of and reliance on renewable energy sources. Jurisdictions can take a major step towards securing environmental integrity and ensuring a sustainable community by developing a con sistent approach to environmental issues through the adoption of appropriate General Plan policies. Social/Cultural Equity is realized through fair and equal access to community facilities and services, including: health care; social services; education; cultural arts; and natural resources. This can be achieved through a general plan by identifying health as a core value, identifying future community services needs and by establishing policies to ensure that such needs can be met. Closely related to sustainable development is the notion of an environmentally sustainable economy. On a local level, the backbone of an environmentally sustainable economy could consist of: facilitating the use of ren ewable sources of energy; an urban mobility system centered on a state-of-the-art public transportation system; and transit - and pedestrian-oriented development; and a comprehensive reuse/recycle program. Local jurisdictions can take steps towards promoti ng and achieving sustainable development, as well as economic and ecological sustainability. Through various existing policies, programs, and procedures, Chula Vista has taken significant initial steps in this direction. Through various goals, objectives, policies, and implementation measures established through the adoption of this General Plan, Chula Vista will continue to move forward in supporting the ability to meet present needs without compromising the ability of future generations to meet their own needs. Page 255 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-6 City of Chula Vista General Plan 1.6 Environmental Justice State law defines environmental justice as: “The fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, a nd policies.” The U.S. Environmental Protection Agency states: “Fair treatment means that no group of people, including a racial, ethnic, or a socioeconomic group, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, and local policies.” Environmental justi ce problems are often related to procedural inequity and geographic inequity. Procedural inequity occurs when the planning process is not applied uniformly, resulting in disproportionate impacts to lower income or minority populations. Geographic inequity occurs when the burdens of undesirable land uses are concentrated in certain neighborhoods while the benefits are received elsewhere. It also describes a situation in which public amenities are concentrated only in certain areas. The following topics, discussed in detail below, represent areas in which environmental justice can be addressed at the local level -- General Plan land use planning and policies; the promotion of a healthy and active lifestyles; equitable distribution of public facilities and services; overconcentration of industrial uses; and transit-oriented development. 1.6.1 Relationship to General Plan Land Use Planning and Policies Planning policies that promote healthy, livable communities and smart growth can be tools for achieving environmental justice. The primary purpose of planning, and the source of government authority to engage in planning, is to protect the public health, safety, and welfare. Traditionally, land use planning has attempted to minimize health and safety risks by segregating land uses. However, rigid separation of land uses has resulted in disconnected islands of activity and contributed to sprawl, counter to sustainable development goals. Mixed use development is a more sustainable approach to land use planning and a means to address health considerations. Despite the desirability of mixed use development, it is important to recognize that there are certain land uses (e.g.,industrial, agricultural, major roadways and freeways) that will, in most cases, be incompatible with sensitive receptors, including residential Page 256 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-7 City of Chula Vista General Plan and school uses. Sensitive receptors may be adve rsely impacted by incompatible land uses as a result of air pollutant emissions, exposu re to hazardous materials and related accident risks, and excessive noise. Most land use incompatibility issues can be addressed at the General Plan level through approp riate land use planning and the inclusion of policies addressing the siting and development of potentially harmful land uses in proximity to sensitive receptors. 1.6.2 Equitable Distribution of Public Facilities and Services To the extent feasible through its General Plan, a jurisdiction should plan for the equitable distribution of new public facilities throughout the community, and services that increase and enhance community quality of life. Public facilities and services t hat enhance quality of life include: parks; open space; trails; recreational facilities; child care facilities; libraries; and museums. The equitable distribution of facilities and services has two components. The first component is the number and size of facilities -- a community should have adequate facilities and services to serve all residents equally. The second component is access, which can be measured as the distance or travel time from residential areas to facilities and services. 1.6.3 Overconcentration of Industrial Uses Overconcentration occurs when two or more industrial facilities or uses, which do not individually exceed acceptable regulato ry standards for public health and safety, pose a significant hazard to adjacent sensitive receptors, due to their cumulative effects. It is important to differentiate between overconcentration and the mere presence of materials that may be classified as hazardous. Many neighborhood businesses, such as, gas stations, retail paint stores, and dr y cleaners, utilize hazardous materials. While these activities must be conducted in a responsible manner in accordance with applicable environmental regulations, the y should not be confused with those truly industrial activities that are inappropriate within or adjacent to residential or mixed use areas. A General Plan should seek to avoid the development of sensitive receptors in close proximity to land uses that pose a significant hazard to human health and safety, due to the quantity, concentration, or physical or chemical characteristics of the hazardous mate rials that they utilize, or the hazardous waste that they generate or emit. 1.6.4 Transit-Oriented Development Expanding opportunities for transit-oriented development (TOD) promotes healthier and livable communities. TOD is defined as moderate- to high-density development located within an easy walk of a major transit stop, generally with a mix of residential, employment, and shopping opportunities. TOD can provide mobility choices; increase public safety; increase disposable household income by reducing transportation costs; reduce air pollution and energy Page 257 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-8 City of Chula Vista General Plan consumption rates; help conserve resources and open space; assist in economic development; and expand the supply of housing. Page 258 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-9 City of Chula Vista General Plan By improving access to multi-modal transportation options, jobs and housing and revitalizing existing neighborhoods, TOD can be a tool for promoting a healthier community and environmental justice. Jurisdictions can promote TOD through general plan policies that support the value of a healthy community, mixed use development; higher land use densities; reduced parking requirements; and increased transit service. TOD policies should facilitate a pedestrian-oriented environment with features such as traffic calming strategies and architectural and streetscape design that orients buildings to sidewalks, plazas, parks, and other public spaces, rather than to parking. The promotion of environmental justice on a local level may be accomplished through a broad range of actions taken on various fronts, including through land use planning and policies at the general plan level. The issues of land use incompatibility; access to nutritious and healthier food options, equitable distribution of public facilities and services; overconcentration of industrial uses; and transit-oriented development can be addressed in a general plan. Through various goals, objectives, policies, and implementation measures established through the adoption of this General Plan, Chula Vista is taking steps to address these issues in the interest of promoting environmental justice. Page 259 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-10 City of Chula Vista General Plan 2.0 GOAL The overall goal of the Environmental Element is to: Provide a healthy and sustainable community through the improved health of all citizens, environmental justice, the responsible stewardship of Chula Vista's natural and cultural resources; promotion of environmental health; and protection of persons and property from environmental hazards and the undesirable consequences of noise. Page 260 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-11 City of Chula Vista General Plan 3.0 PLANNING FACTORS, OBJECTIVES, AND POLICIES There are several planning factors involved in achieving the goal of the Environmental Element. Such factors are discussed in Sections 3.1 - 3.6 of this element. Each factor has at least one objective, or focused goal, and each objective has at least one p olicy, which describes how the City will meet the objectives. 3.1 Conservation Conservation is the planned managemen t, preservation, and wise utilization of natural resources to assure their continued availabili ty for use, appreciation, and enjoyment. The Conservation Section of this Environmental Element provides the City with the necessary direction towards that end. The topics presented in this section include: • Multiple Species Conservation Program • Protecting Water Quality • Meeting Water Demand Through Conservation and Efficient Use • Preserving the Opportunity for Agricultural Uses • Wise Use of Mineral Resources • Promoting Clean Air • Creating a Sustainable Energy Future • Promoting Solid Waste Reduction Strategies • Protecting Chula Vista's Cultural Resources • Protecting Paleontological Resources Photographer: Jeff Priest 3.1.1 Multiple Species Conservation Program (MSCP) Background The Multiple Species Conservation Program (MSCP) is acomprehensive, long-term habitat conservation plan developed to address the needs of multiple species and the preservation of natural vegetation communities in San Diego County. The MSCP Subregional Plan was adopted by the City of San Diego and San Diego County in 1997, and conditionally approved by the the City of Chula Vista in October 2000. The MSCP Subregional Plan encompasses an area of approximately 580,000 acres and 12 local jurisdictions, including the City of Chula Vista. Source: Dudek & Associates, Inc. Page 261 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-12 City of Chula Vista General Plan City of Chula Vista MSCP Subarea Plan On May 13, 2003, the City of Chula Vista City Council and Planning Commission approved the City of Chula Vista MSCP Subarea Plan (Subarea Plan) and formally adopted it as part of the City’s General Plan. The Subarea Plan is the policy document through which the MSCP Subregional Plan is implemented within the City's jurisdiction. The Subarea Plan provides the framework for habitat planning and specifically establishes areas of conservation and development wi thin the Chula Vista MSCP Planning Area. Figure 9-2 depicts the designated conservation and development areas within the Chula Vista MSCP Planning Area. It should be noted that select areas designated for development in the Subarea Plan are not necessary t o conserve for biological purposes. However, other local City pl ans, policies, or guidelines may further regulate or prohibit the extent of development Photographer: Julie Vanderweir in these areas for a variety of reasons, such as topographical constraints or aesthetics (for example, the peak of Rock Mountain). Additionally, since the completion of the County Subarea Pla n and the approval of the City’s Subarea Plan, several areas within the northern part of the City, as well as the unincorporated County portion of the Otay Ranch, have been acquired by public/quasi -public agencies to be preserved as Permanent open space. T hese areas are depicted on Figure 5 -12. The Subarea Plan is intended to implement all relevant sections o f the MSCP Subregional Plan, including the habitat and species conservation goals and requirements found in Table 3 -5 of the Subregional Plan. Any project approved by the City must be in conf ormance with the Subarea Plan. The complete Subarea Plan documen t has been included as part of this General Plan and is provided under separate cover as Appendix 1. The Subarea Plan goals found on page 1 -2 of the Subarea Plan are as follows: Subarea Plan Goals 1. To conserve Covered Species and their habitats through the conservation of interconnected significant habitat cores and linkages. 2. To delineate and assemble a Preserve using a variety of techniques, including public acquisition, on- and off-site mitigation, and land use regulations. Source: Dudek & Associates, Inc. Page 262 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-13 City of Chula Vista General Plan 3. To provide a preserve management program that, together with the federal and state management activities, will be carried out over the long -term, further ensuring the conservation of Covered Species. 4. To provide necessary funding for a Preserve management program and biological monitoring of the Preserve. 5. To reduce or eliminate redundant federal, state, and local natural resource regulatory and environmental review of individual projects by obtaining federal and state authorizations for 86 species. Biological Resources The majority of the natural biological resources within the City consist of native upland habitats, including coastal sage scrub (3,815 acres), grasslands (3,125 acres), and small areas of maritime succulent scrub (293 acres). Approximately 15 percent of the natural vegetation communities within the City also consist of wetland resources, including: southern coastal sal t marsh (204 acres); riparian/tamarisk scrub (604 acres); and natural flood channels (159 acres). (Source: City of Chula Vista MSCP Subarea Plan, Feb ruary 2003.) As identified in the Subarea Plan, a total of approximately 2,251 acres of the MSCP Preserve (approximately 1,940 acres of undisturbed habitat types) will be conserved within the central and northern areas of the City. The Subarea Plan specifically provides protection for major canyon systems within the City, inclu ding Rice Canyon and Bonita Long Canyon. These canyon systems support large areas of coastal sage scrub and maritime succulent scrub. Additionally, a variety of narrow endemic plant species will be conserved, as well as documented locations of the Quino ch eckerspot butterfly. The federally listed endangered Quino checkerspot butterfly was not included as a Covered Species under the MSCP Subregional Plan. However, because the Subarea P lan defines the actions to be undertaken to provide for the long-term conservation and recovery of this species in the Chula Vista Subarea, the Quino checkerspot butterfly is included as a Covered Species und er the Subarea Plan. The portion of the Otay Ra nch located within the City boundaries includes substantial areas of land that have historically been used for dry farming. Approximately 2,742 acres within Otay Ranch will be conserved within the subarea bou ndaries (approximately 2,617 acres, which represent undisturbed habitat types). The Otay Ranch area also includes important habitat resources, most notably the Otay River Valley and its tributary canyons; Salt Creek: Poggi, and Wolf Canyons. The Otay Ranch area includes important habitat resources, most notably the Otay River Valley and its tributary canyons: Salt Creek, Poggi, and Wolf Canyons. Page 263 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda City of Chula Vista MSCP Subarea and Planning Map Figure 9-2 Page E-13 Page 264 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda BLANK Page 265 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Page 266 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-15 City of Chula Vista General Plan Implementation of the MSCP Implementation of the Chula Vista MSCP Subarea Plan will ensure conservation of core biological resource areas and associated habitat linkages identified in the MSCP Subregional Plan located within the boundaries of the Chula Vista Subarea, comprised of th e land area within the incorporated boundary of the City. In addition, implementation of the Subarea Plan will contribute significant conservation outside the Chula Vista Subarea, within the Chula Vista MSCP Planning Area, in the unincorporated County Multi-Habitat Planning Area. Conserve Chula Vista’s sensitive biological resources. Policies E 1.1 Implement the City of Chula Vista MSCP Subarea Plan. 3.1.2 Protecting Water Quality Water quality refers to the purity of water and the lack of pollutants. Urban runoff discharged into streams, bays, and oceans is one of the principal causes of poor water quality. Pollutants such as motor oil, antifreeze, fertilizers, and pesticides accumulate on impervious surfaces and are picked up and transported downstream via the storm drain system, ultimately rea ching the Sweetwater and Otay Rivers, San Diego Bay, and the Pacific Ocean. These pollutants in urban runoff can cause both short-term and long -term impacts to local water bodies. Clean Water Act The Clean Water Act focuses on improving the quality of th e nation's water and provides a comprehensive framework of standards and technical tools to address the causes of pollution and poor water quality. To satisfy the requirements of California Water Code Section 13241 and Clean Water Act Section 303, water quality criteria are assigned to all waters of the state. In Chula Vista, water quality objectives are achieved primarily through establishment of waste discharge requirements, and through implementation of the Water Quality Control Plan for the San Diego Basin (1994). Objective - E1 Page 267 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-16 City of Chula Vista General Plan NPDES On February 21, 2001, the San Diego Regional Water Quality Control Board issued a National Pollutant Discharge Elimination System (NPDES) Permit (Municipal Permit) to the 18 municipalities within San Diego County, including the City of Chula Vista. San Diego County and the San Diego Unified Port District were co -permittees of the Municipal Permit. The minimum requirement of the Municipal Permit is to ensure that pollutants in discharges from storm drain systems owned and operated by the co -permittees are reduced to the maximum extent practicable. The Municipal Permit outlines the individual responsibilities of the co -permittees, including, but not limited to, the implementation of management programs, best management practices (BMPs), and monitoring programs. The NPDES regulations also consider the need to conserve natural areas, minimize impervious surfaces, and encourage the use of native or drought tolerant plant material in landscaping. In accordance with NPDES requirements, construction projects in Chula Vista are required to implement BMPs to minimize the discharge of pollutants from construction sites. For certain types of developments, the Municipal Permit requires the implementation of permanent, post- construction BMPs, as described in the Chula Vista Standard Urban Stormwater Mitigation Plan and in the City of Chula Vista Development and Redevelopment Projects Storm Water Management Standards Requirements Manual. The Chula Vista Pollution Prevention Policy addresses pollutio n reduction practices for City facilities and incorporates BMPs to prevent and reduce water pollution. The Pollution Prevention Policy identifies procedures and other practices for various City operations, including using environmentally friendly products for equipment maintenance; cleaning; swimming pool maintenance; and the use of chemicals and pesticides in parks, parkways, and street medians. Watershed Planning The State Water Resources Control Board uses watershed planning to improve and protect the quality of local and regional waters. Watersheds are the areas above and below ground that drain into a particular water body. This watershed planning approach recognizes that BMPs and treatment facilities may be more effective when located within a waters hed or drainage basin, rather than on individual project sites. Watershed management practices can provide an integrated approach to protecting water quality. Page 268 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-17 City of Chula Vista General Plan San Diego Bay Watershed The San Diego Bay watershed is c omprised of three subwatersheds, two of which are within the General Plan area (Sweetwater River and Otay River watersheds), and a third (Pueblo San Diego watershed), situated to the north (Figure 9- 3). The 2001 Municipal Permit required local co -permitte es to implement a comprehensive Urban Runoff Management Program at both the jurisdictional and watershed level. In compliance with the Municipal Permit, Chula Vista prepared a Jurisdictional Urban Runoff Management Program. Additionally, the City, along wi th seven other municipalities, San Diego County, and the Unified Port District, prepared the San Diego Bay Watershed Urban Runoff Management Program, which is a collaborative and comprehensive watershed plan for the San Diego Bay Watershed. Both of these watershed planning programs have b een developed to identify and prioritize areas where local water quality can be improved and provide solutions to mitigate problems attributable to local urban runoff. Sweetwater River Watershed The Sweetwater River watershed is the largest of the thre e subwatersheds comprising the San Diego Bay watershed, with 230-square -miles of the approximately 415-square -mile total. Over 86 percent of the Sweetwater River watershed is within unincorporated jurisdictions, with the urbanized lower portion of the wate rshed containing portions of the cities of San Diego, National City, Chula Vista, La Mesa, and Lemon Grove. Major water bodies in the watershed include the Sweetwater River, Sweetwater Reservoir, Loveland Reservoir, and the San Diego Bay. The most important watershed issues are related to the protection of municipal water supplies and the protection and restoration of sensitive wetland and wildlife habitats. The Sweetwater River flood control channel, which generally represents the jurisdictional boundary between Chula Vista and National City, extends from Interstate 5 east to Interstate 805. The Sweetwater Regional Park extends from Interstate 805 east through the Chula Vista and Bonita golf cours es to the County's Summit Park on the west edge of the Sweet water Reservoir; the park comprises 570 acres, 178 of which are within Chula Vista. No recent watershed planning efforts for the Sweetwater River watershed have been undertaken and none are planne d at this time. The Sweetwater River watershed is the largest of the three subwatersheds comprising the San Diego Bay watershed, with 230-square-miles of the approximately 415-square-mile total. Page 269 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-18 City of Chula Vista General Plan Otay River Watershed The Otay River watershed, which encompasses approximately 160 square miles, is the second largest of three hydrologic units that discharge into San Diego Bay. The Otay River watershed consists largely of unincorporated area, but also includes portions of the cities of Chula Vista, Imperial Beach, Coronado, National City, and San Diego. The major inland water bodies, Upper and Lower Otay Lakes, are two water supply reservoirs that also provide important habitat and recreational opportunities. Approximately 36 square miles of the watershed are within the Chula Vista MSCP Planning Area that contains habitat for a wide range of endangered plant and animal species. Currently, San Diego County is leading the efforts in the development of a Watershed Management Plan (WMP) and Special Area Management Plan (SAMP) for the Otay River watershed . The WMP will identify critical resource areas and recommend BMPs needed to prev ent water pollution. The WMP will provide the framework for management activities to be implemented within the watershed, which will ensure the protection of existing beneficial uses and natural resources. The SAMP will be a comprehensive assessment of the Otay River watershed, which will provide regional protection of wetlands and wetland species. Furthermore, the SAMP will streamline the regulatory permitting process by assisting the federal, state and local regulatory agencies with their decision -making and permitting authority to protect aquatic resources. Both plans will identify measures needed to preserve sensiti ve wetland species and habitat while still providing for reasonable economic growth. The goals of the watershed planning process include preventing water pollution and protecting natural resources and existing activities that are beneficial to the public, such as the Otay Valley Regional Park. Implementation of Water Protection Measures With further growth and redevelopment in Chula Vista, the protection of local and regional water resources must be adequately addressed. Chula Vista will continue its efforts to reduce the discharge of pollutants into the municipal storm drain system and n atural water bodies in accordance with established NPDES standards and watershed planning efforts involving the City. Page 270 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda San Diego Bay Watershed Map Legend 1. Pueblo San Diego 2. Sweetwater River 3. Otay River Figure 9-3 Page E-19 Page 271 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda BLANK Page 272 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-21 City of Chula Vista General Plan Protect and improve water quality within surface water bodies and groundwater resources within and downstream of Chula Vista. Policies E 2.1 E 2.2 E 2.3 E 2.4 E 2.5 E 2.6 E 2.7 Ensure safely swimmable and fishable surface waters through careful management of land uses and activities within Chula Vista. Pursue safe alternatives to traditional pest ma nagement methods in order to reduce toxics in urban runoff and large open uses of land (e.g., golf courses, parks, and agricultural lands). Educate residents, business owners and City departments about feasible methods to minimize the discharge of polluta nts into natural drainages and the municipal storm drainage system. Ensure compliance with current federal and state water quality regulations, including the implementation of applicable NPDES requirements and the City's Pollution Prevention Policy. Enco urage and facilitate construction and land development techniques that minimize water quality impacts from urban development. Maximize the protection of potable water supply resources from pollutants. Collaborate with other applicable jurisdictions in the development and funding of regional watershed management plans that will provide a balance between watershed protection, regional economic growth, and development of public infrastructure and services consistent with the goals and objectives of the General Plan. Objective - E 2 Page 273 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-22 City of Chula Vista General Plan 3.1.3 Meeting Water Demand Through Conservation and Efficient Use This section of the Environmental Element addresses the conservation and efficient use of water. The Public Facilities and Services Element addresses current and future water supply and delivery issues. Three water districts serve Chula Vista: The Otay Water District, Sweetwater Authority, and Cal -American Water Company. These districts base their facility master plans and capital improvement programs on projected population growth. Within the Otay Water District's service area, which includes the planned future development areas within eastern Chula Vista, all potable water comes from imported sources purchased from the San Diego County Water Authority. Due to the lack of significant undeveloped land area within the boundaries of the Sweetwater Authority's service area, future increases in the demand for potable water will be associated with infill development and redevelopment projects. The Sweetwater Authority’s water supply is derived from a variety of sources, inc luding Sweetwater Reservoir, a brackish groundwater demineralization facility, and deep freshwater wells. Seventy percent of the Authority’s water supply comes from lo cal sources. Areas served by the Cal-American Water Company are presently built out and significant growth in water demand is not anticipated. Water recycling and conservation are major issues in southern California, as water suppliers strive to meet the increased water demands from population growth. Ne w d e v e lo pme nt s hall Chula Vista's Gro wth Management Program and Growth Management Ordinance require that a Water Conservation Plan (WCP) be prepared for all major development projects. WCPs provide an anal yzesis of potable and recycled water usage requirements and incorporate proven methods to reduce per capita water consumption. The adopted WCP Guidelines require all major projects to install specific indoor and outdoor water conservation devices. .The req uirement to prepare and implement WCPs promotes Wwater- efficie nt development and community awareness of valuable water resources shall be promoted as a result. Chula Vista's Landscape Manual identifies the need for water conservation practices to be implemented, as required by State law and the State Department of Water Resources Water Efficient Landscape Ordinance. In addition, the City's Landscape Manual requires the use of recycled water to irrigate landscaped areas of residential, commercial, and indu strial developments, as well as schools, parks, and golf courses, where recycled water is available. Chula Vista can help to ensure adequate water supply by continuing to promote the development of water efficient communities and to implement water conservation programs. Page 274 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-23 City of Chula Vista General Plan Within the General Plan area, only the Otay Water District provides recycled water. Its Code of Ordinances requires recycled water to be used wherever it is technically and financially feasible, including the irrigation of greenbelt and open space slopes; roadway medians; parks; and the common areas of schools and multi -family residential properties. The Otay Water District's recycled water supply originates from the District's Ralph W. Chapman Water Recycling Facility in Rancho San Diego and is pumped to eastern Chula Vista. In the future, 6.0 million gallons per day (mgd) of recycled water will be supplied from the City of San Diego's South Bay Water Reclamation Plant. As required by an agreement with the City of San Diego, th e Otay Water District is responsible for installing the infrastructure necessary to distribute recycled water within its service area. Recycled water is not a part of the potable water supply. The demand for water will continue to increase as Chula Vista experiences further growth. Chula Vista can help to ensure adequate water supply for future generations by continuing to promote the development of water efficient communities and to implement water conservation programs. Minimize th e impacts of growth and development on water supply resources through the efficient use and conservation of water by residents, businesses, and city government. Policies E 3.1 E 3.2 E 3.3 E 3.4 Promote state -of-the -art water conservation practices in existing and new development, where proven to be safe and environmentally sound. Promote the use of low water demand landscaping and drought tolerant plant materials in both existing and new d evelopment. Where safe and feasible, promote and facilitate the continued use of recycled water in new developments, and explore opportunities for the use of recycled water in redevelopment projects. Support the continued use of graduated rate structures by water sup pliers in order to promote water conservation. Objective - E 3 Page 275 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-24 City of Chula Vista General Plan E 3.5 E 3.65 Require the preparation and implementation of Water Conservation Plans for large development and redevelopment projects in accord ance with the City's Water Conservation Plan Guidelines or its equivalent, pursuant to the City's Growth Management Program. For allexisting development, as well as small development and redevelopment projects not subject to the City's Growth Management Program, promote water conservation by residents and businesses through appropriately targeted education and community programs. 3.1.4 Preserving the Opportunity for Agricultural Uses Through the early 1990s, the last of the large -scale agricultural operations in Chula Vista we re located primarily on large landholdings within the eastern portion of the General Plan area. Agricultural production on lands within this area has been historically constrained due to the limited availability of water for irrigation and the high cost of water where it has been available. Although the General Plan area does not contain any lands specifically designated for agricultural uses, the potential remains for agricultural uses to occur within certain portions o f the General Plan area on both an interim and long -term basis. 2002 State Department of Conservation mapping identified 13 acres of Prime Farmland within the City limits (plus an additional 21 acres within the remainder of the General Plan area). There are no active Williamson Act contracts or properties, which are established agricultural preserves, within the General Plan area. A limited number of parcels retain agricultural zoning, which is considered a holding zone, pe nding development proposals in conformance with the applicable land use plans. Much of the land zoned for agriculture west of the Sweetwater Reservoir has been incorporated into parkland. Only a relatively few landholdings within the western portion of the General Plan area, located primarily in the vicinity of the Otay River, still retain small-scale agricultural operations. Agricultural production on these parcels may include seasonal fruit and vegetable crops but may also include nurseries; apiaries; riding facilities; or similar uses. Lands zoned for agriculture within the eastern portions of the Otay Ranch, east of the Otay Reservoir, and north and south of Dulzura Creek, are generally located in areas containing biological resources and interim agricultural uses Within the General Plan area the potential remains for some degree of agricultural uses to occur on both an interim and long-term basis. Page 276 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-25 City of Chula Vista General Plan Objective - E 4 are being phased out. Intermittent cattle grazing and dry land farming occur primarily on the non-irrigated land in the east. Production associated with these uses is not significant in terms of countywide agricultural value. Long -term agricultural use is not planned for the General Plan area, but is allowed where it is consistent with the Chula Vista MSCP Subarea Plan and zoning , including within portions of the Chula Vista Greenbelt open space system. Although agriculture has a long history within Chula Vista and the surrounding area, the economic contributions of agriculture have continually decreased in both production and employment value over time. Although agricultural production within the General Plan area will not be a major factor in the local or regional economy, the potential remains for some d egree of agricultural uses to occur on both an interim and long -term basis. Furthermore, recreational and educational benefits can be derived from agricultural -related uses, such as community gardens, which can be integrated within development areas. Maintain the opportunity for limited agricultural and related uses to occur as an interim land use within planned development areas and as a potential permanent land use within appropriate locations Policies E 4.1 E 4.2 E 4.3 Allow historical agric ultural uses to continue within planned development areas as an interim land use in accordance with the MSCP Subarea Plan. Allow agricultural uses on privately -owned property within the Chula Vista Greenbelt and elsewhere, provi ded the use is consistent with the provisions of the Chula Vista MSCP Subarea Plan, as well as the zoning of the property. Encourage the development of community gardens and similar related uses within appropriate, compatible locations throughout the City . Page 277 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-26 City of Chula Vista General Plan 3.1.5 Wise Use of Mineral Resources Mineral resources are important commodities in the state of California. The Surface Mining and Reclamation Act of 1975 (SMARA) includes requirements and programs to ensure the long - term availability of mineral resources and that the significant adverse environmental impacts of surface mining are adequately mitigated. Mineral Resource Zones (MRZs) are areas identified by the State of California relative to known or expected mineral resources. Portions of the Otay River Valley within the General Plan area are identified as an MRZ-2 area -- an area where adequate information indicates that significant mineral deposits are present or where it is judged that a high likelihood for their presence exists (Figure 9-4). Two other MRZ-2 areas are located on and just outside the General Plan area: one in the Sweetwater River Valley east of the Sweetwater Reservoir; and the other along the Jamul/Dulzura Creek east of Lower Otay Lake (Figure 9 -4). Of the mineral resources identi fied in the MRZ-2 zone, the most economically valuable to the state and the San Diego region is the mining of sand, gravel, and crushed rock resources, known collectively as construction aggregate. Construction costs are significantly reduced if aggregate materials are available close to and in sufficient quality and quantity to support nearby construction. Given that the need is greatest in rapidly urbanizing areas, a problem facing sand and gravel producers throughout the region is that they are being replaced by the urban growth that they support. Both the Sweetwater River and the Otay River valleys contain significant deposits of construction quality sand reserves. The reach of the Sweetwater Riv er that falls within the General Plan area is also within a regional park and, therefore, no further extraction of this resource is permitted. In addition to sand and gravel resources, Rock Mountain, situated immediately north of the Otay River, is currently being mined for boulders, which are processed into crushed rock. Although the MRZ-2 zone within the Otay River Valley has experienced sand and gravel mining in the past, the majority of this area is now within the Chula Vista MSCP Preserve. The MSCP is a comprehensive, long -term habitat c onservation program that addresses the needs of multiple endangered, threatened, and sensitive plant and animal species. Pursuant to the Chula Vista MSCP Subarea Plan, in the long -term it is envisioned that no mining, extraction, or processing facilities and/or activities will occur in the Preserve. The Subarea Plan mandates that all temporary sand mining and related activities must be consistent with the objectives, guidelines, and requirements of the MSCP Subregional Plan, the City of Chula Vista's ordinances, and SMARA. The MSCP Subregional Plan states that: “New or expanded mining operations on lands conserved as part of the Preserve are incompatible with MSCP Preserve goals for covered The most valuable mineral resource in Chula Vista is construction aggregate. Page 278 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-i City of Chula Vista General Plan TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 Purpose and Scope 1 1.2 Implementing the Vision and Themes 2 2.0 GENERAL PLAN IMPLEMENTATION TOOLS 3 2.1 Chula Vista Municipal Code 3 2.1.1 Subdivision Ordinance 3 2.1.2 Zoning Ordinance 3 2.2 Local Coastal Program 4 2.3 Land Use Plans and Permits 4 2.3.1 Redevelopment Plans 4 2.3.2 General Development Plans 5 2.3.3 Specific Plans 5 2.3.4 Sectional Planning Area Plans 5 2.3.5 Precise Plans 5 2.3.6 Miscellaneous Land Use Permits 5 2.4 Facility Master Plans and Capital Improvement Plans 6 2.5 Development Agreements, Memoranda of Understanding and 6 Memoranda of Agreement 2.6 Funding Mechanisms 6 2.6.1 Benefit Assessments 6 2.6.2 Bonds 7 2.6.3 Exactions and Impact Fees 7 2.6.4 Privatization 7 3.0 GENERAL PLAN MAINTENANCE 8 3.1 Consistency with the General Plan 8 3.2 General Plan Amendments 8 3.3 Reliance on the General Plan Program EIR 8 Page 279 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-ii City of Chula Vista General Plan 4.0 PLANNING FACTORS, OBJECTIVES, AND POLICIES 9 4.1 Developing Plans and Programs to Carry Out the General Plan 9 4.2 Achieving Consistency With the Chula Vista General Plan 10 4.3 Amending the General Plan 11 4.4 Using the General Plan Program EIR 12 5.0 IMPLEMENTING PLANS AND PROGRAMS BY GENERAL PLAN ELEMENT 13 5.1 Land Use and Transportation Element 13 5.2 Economic Development Element 14 5.3 Housing Element 14 5.4 Public Facilities and Services Element 14 5.5 Environmental Element 15 5.6 Growth Management Element 16 5.7 Using the General Plan Implementation Measures Table 17 Table 11-1 Implementation Measures - Land Use Transportation Element 18 Table 11-2 Implementation Measures - Economic Development Element 21 Table 11-3 Implementation Measures - Housing Element 22 Table 11-4 Implementation Measures - Public Facilities and Services Element 27 Table 11-5 Implementation Measures - Environmental Element 28 6.0 PERIODIC REVIEW AND REPORTING 6.1 Purpose of Periodic Reporting 29 6.2 Format and Content Reporting 29 6.3 Objectives and Policies 29 6.4 Assessing General Plan Implementation 30 7.0 CITY BOUNDARY REORGANIZATIONS 31 7.1 City and Sphere of Influence Boundaries 31 7.2 Potential City Boundary Reorganizations 31 7.3 Annexations Procedures 31 7.4 Changes to City Boundaries 32 Page 280 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-1 City of Chula Vista General Plan 1.0 INTRODUCTION 1.1 Purpose and Scope If the City’s vision is to become reality, the goals, objectives, and policies stated in this General Plan must be effectively served by implementation me sasures that are carefully chosen and carried out. Such implementation measures should be reviewed periodically, and amended as necessary, according to State guidelines. Implementation takes many forms, from adopting zoning regulations to establishing environmental guidelines or a facility or service master plan. Considering this, the chapter is divided into the following parts: Section 2.0 - General Plan Implementation Tools This section presents and explains the various regulatory, legal and funding mec hanisms necessary to guide development within the City in order to successfully carry out the broad vision and intents presented in the General Plan. These include the Chula Vista Municipal Code, subdivision ordinances, zoning regulations, and subsequent p lans such as Specific Plans, as well as facility master plans, capital improvement programs, and related funding tools such as bonds, assessment districts, fee programs and development exactions. Section 3.0 - General Plan Maintenance As the long-range vision and policy master plan for future growth and development of the City, other plans, programs and regulations must be consistent with the General Plan. As a long range guide, the General Plan is also intended to be a “living” documen t subject to some interpretation, and the need for amendment in response to changing circumstances. This section discusses General Plan consistency, General Plan amendments and use of the Program Environmental Impact Report (EIR), along with related objectives and policies. Section 4.0 - Implementing Plans and Programs by General Plan Element Some implementation measures -- or major actions, plans and programs -- are identified that directly correspond to the various General Plan Elements. These are the critical link between the General Plan's provisions and tangible actions. Section 5.0 - Periodic Review and Reporting This section outlines how the City will periodically assess the progress made in implementing the General Plan, and as necessary, make according adjustments to implementation efforts and/or amend the Plan. Page 281 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-2 City of Chula Vista General Plan Section 6.0 - City Boundary Reorganizations Because the General Plan Area includes land beyond the City's current (2004) corporate boundries, changes in boundaries may be necessary in order to implement the General Plan. In this section, the following topics are discussed: City and Sphere of Influence Boundaries; Potential City Boundary Reorganizations; Annexation Procedures; and Objectives and Policies are all addressed. 1.2 Implementing the Vision and Themes By establishing the land use, circulation, public facilities, economic development, growth management, and environmental policies stated in this General Plan, the City of Chula Vista has expressed its commitment to maintain existing high-quality standards in the community, to keep improving, and to successfully meet the opportunities and challenges that lie ahead. Achieving the City’s vision requires that the City be vigilant in enacting programs that implement the policies stated in earlier elements. This chapter, General Plan Implementation, provides the framework within which the City can review and monitor the effectiveness of the General Plan as it works toward achieving the vision of a vibrant community with opportunities for comfortable and safe living, recreation, and economic development that enrich the lives of its citizens. A full discussion of our Vision and eight Themes is found in Chapter 4 of this General Plan. This Implementation Chapter focuses on aspects of Theme 7, Effective Growth Management and Plan Implementation. Page 282 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-3 City of Chula Vista General Plan 2.0 GENERAL PLAN IMPLEMENTATION TOOLS This section presents the tools to guide development in the City by implementing the policies within this General Plan. 2.1 Chula Vista Municipal Code The Chula Vista Municipal Code (CVMC) consists of all the regulatory ordinances and certain administrative ordinances of the City, codified pursuant to the provisions of Sections 50022.1 through 50022.8 and 50022.10 of the Government Code. The CVMC includes the City's Subdivision Ordinance and Zoning Ordinance. 2.1.1 Subdivision Ordinance In California, proposed subdivisions that would result in the sale, lease or financing of land must first obtain local government approval. The Subdivision Map Act establishes statewide uniformity in local subdivision procedures while giving cities and counties the authority to regulate the design and improvement of subdivisions, require dedications of public improvements or related impact fees, and require compliance with the objectives and policies of the General plan. Through the Chula Vista Subdivision Ordinance, the City has the auth ority to approve and design street alignments, street grades and widths; drainage and sewer facilities; lot sizes and lot configuration; traffic access; and other items. The ability to require these standards and improvements enables the City to promote the goals and objectives of the General Plan, particularly those in the Land Use and Transportation Element, the Public Facilities and Services Element, and the Environmental Element. No subdivision map can be approved unless the City finds that the subdivision, together with design and improvement provisions, is consistent with all aspects of the General Plan. 2.1.2 Zoning Ordinance Zoning classifies the immediate, permissible uses of land and is one of the primary means of implementing the General Plan. The Chula Vista Zoning Ordinance divides the City into districts or zones specifying what uses are permitted, conditionall y permitted, or prohibited within each zone. The Zoning Ordinance also establishes procedures for considering projects; standards for minimum lot size; building height and setback limits; fence heights; parking; open space; and other development requirements. To successfully implement the General Plan, the zoning must be consistent with land use designations, goals, and objectives established in the general plan, in particular, in the Land Use and Transportation Element. Zoning can also be used to further t he Page 283 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-4 City of Chula Vista General Plan goals and objectives of the General Plan by requiring design review, allowing floating zones and mixed use zones, and establishing overlay zones requiring additional reviews for specified reasons. 2.2 Local Coastal Program Local Coastal Programs (LCP) are planning tools used to carry out the shared partnership between the California Coastal Commission's (CCC) mandate to protect coastal resources and local governments' regulation of land use. The LCP includes a land use plan with land use classifications, types and densities of allowable development, plus goals, objectives, and policies concerning development and use of coastal resources. After the CCC approves an LCP, their permitting authority is delegated to the local government. Chula Vista's LCP consists of the General Plan Land Use Diagram and the associated goals, objectives and policies that relate to coastal areas within the City. 2.3 Land Use Plans and Permits Several plans and permits are used to further define and develop land uses througho ut the City. These plans and permits are described below. 2.3.1 Redevelopment Plans The State Legislature, under the California's Community Redevelopment Law, allows the adoption of redevelopment plans by cities. Redevelopment plans are intended to reverse deteriorating economic and physical conditions; redevelop blighted, underutilized, and vacant properties; improve infrastructure and public facilities; and produce revenues through the development of job- generating properties. Wher e the private sector alone is unable or unwilling to assemble land and invest resources, the City can help by providing planning and financing incentives. Redevelopment plans must be in conformance with the General Plan. As such, redevelopment is a powerful tool for Chula Vista to implement the goals and policies of its General Plan, particularly the Land Use a nd Transportation Element, Housing Element and the Public Facilities and Services Element. Any redevelopment plan must include plans for streets; bui ldings; open space; a statement of the effect of the plan on existing residents in the area; a description of proposed financing methods; and a plan for participation of affected property owners. (See Section 1.4.2, Redevelopment Plans, in Chapter 5, the L and Use and Transportation Element of this General Plan.) Page 284 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-5 City of Chula Vista General Plan 2.3.2 General Development Plans A General Development Plan (GDP) is a smaller scale version of a general plan that typically has addressed large, previously undeveloped areas of a City, such as those in eastern Chula Vista. GDPs are further discussed in Section 1.4.4 and Section 10.0, Eastern Area Plan, of the Land Use and Transportation Element. GDPs must be in conformance with the General Plan. 2.3.3 Specific Plans Specific Plans are customized regulatory documents that provide more focused guidance and regulation for particular areas. They generally include: a land use plan; circulation plan; infrastructure plan; zoning designations; development standa rds; design guidelines; phasing plan; financing plan; and implementation plan. (See Section 1.4.3 of the Land Use and Transportation Element.) 2.3.4 Sectional Planning Area Plans A Sectional Planning Area (SPA) Plan is a comprehensive master plan that addresses a portion of a planned community area. The SPA illustrates the overall urban design, and includes building, site and landscape guidelines. It is created for the purpose of having an integrated pattern of land uses and circulati on, a strong internal identity, and identified common services. Chula Vista has numerous SPA plans. 2.3.5 Precise Plans The Precise Plan is a cross between a Planned Unit Development (PUD)and a larger specific plan. It allows for fle xibility, innovation, and public involvement. Chula Vista has “P” (Precise Plan) modifying districts to allow diversification in the spatial relationship of land uses, density, buildings, structures, landscaping and open spaces. The “P” designator requires design review of architecture and signs through the adoption of specific conditions of approval for development of property in the City. Within the boundaries of the “P” district, the location, height, size and setbacks of buildings or structures; open sp aces; signs; and densities indicated on the Precise Plan take precedence over the otherwise applicable regulations of the underlying zone. 2.3.6 Miscellaneous Land Use Permits The City processes a variety of permits, that facilitate development, including, but not limited to, conditional use permits, variances and building permits. Since all approvals must show consistency with zoning and General Plan policies, these permits further the goals and objectives of the General Plan. Page 285 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-6 City of Chula Vista General Plan 2.4 Facility Master Plans and Capital Improvement Plans Facility Master Plans and Capital Improvement Plans guide the funding and construction of public improvements developed to serve the City. Such improvements include roads, sewers, water facilities and parks. Since Facility Master Plans and Capital Improvement Plans must be consistent with the adopted General Plan, they further the goals and objectives of the General Plan. 2.5 Development Agreements, Memoranda of Understanding, and Memoranda of Agreement A Development Agreement is a contractual agreement between the City and a developer that identifies rights that apply to a specific development project, in return for appropriate benefits to the City. It provides that, for a specified time period, the rule s, regulations and policies applicable to a particular development will not change. Memoranda of Understanding (MOU) and Memoranda of Agreement (MOA) are agreements between the City and a developer, or the City and another jurisdiction. Typically, MOUs and MOAs state the benefits and opportunities to be gained from a certain plan or project and the anticipated actions or tasks to be carried out by the parties involved. By their nature, development agreements, MOUs and MOAs offer opportunities to ensure that general plan objectives and policies will be implemented as development occurs in an area. 2.6 Funding Mechanisms 2.6.1 Benefit Assessments Benefit assessments, also known as special assessments, are historically popular techniques for financing construction and maintenance of such physical improvements as sidewalks; sewers; schools; streets; storm drains ; lighting; and flood control that benefit distinct areas. Most assessment acts authorize the use of bonds, paid for by an assessment . A benefit assessment cannot be levied on a piece of property that does not receive a direct benefit from the improvements or service being financed. Page 286 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-7 City of Chula Vista General Plan 2.6.2 Bonds Cities, counties, school districts, and other districts may issue Gen eral Obligation (G O) Bonds for the acquisition or improvement of property such as buildings; streets; sewers; water systems; and other infrastructure. G O Bonds must be approved by two-thirds of the voters casting ballots. They are secured by the local go vernment's ability to levy property taxes, but may also be repaid form other revenue sources. 2.6.3 Exactions and Impact Fees Exactions are dedications of land, improvements, or impact fees imposed on new development to fund the construction of capital facilities. They cannot be used for operations or maintenance. Exactions may only be imposed where they will further a legitimate interest (that is, health, safety, and welfare issues, such as traffic flow, avail ability of recreational facilities, sewer and water service, etc.) and mitigate an adverse impact that would result from the project. Exactions and impact fees can only be levied once, at the time of project approval. 2.6.4 Privatization Privatization is the use of private contractors or private ownership to provide local services, such as garbage collection, emergency medical service, and street or landscape maintenance. Although not strictly a financing method, privatization is a funding strategy that, tog ether with other methods, can help stretch limited public funds and further the goals and objectives of the General Plan. Page 287 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-8 City of Chula Vista General Plan 3.0 GENERAL PLAN MAINTENANCE 3.1 Consistency with the General Plan Projects and plans within the City of Chula Vista must be consi stent with the adopted General Plan. The City must determine that they further, and do not obstruct, the attainment of the General Plan vision, goals, and objectives. Consistency determinations must be made for zoning, subdivisions; land uses; densities; a nd circulation element roads. Determinations must also be made that the proposed project or plan is consistent with the various objectives and policies within the General Plan. By requiring con sistency, the City ensures that future development implements the vision and themes established by the community through the General Plan process. 3.2 General Plan Amendments Generally, local governments limit amendments of the mandatory elements of their general plans to no more than four per calendar year. The most common type of general plan amendment is one associated with a privately initiated development project. Other am endments may originate from requests to accommodate affordable housing, to comply with a court decision, and to implement the local coastal program. Since each amendment may include more than one change to the land use plan and/or the general plan elements , the City may group together several requests. The proposed amendments are reviewed individually and analyzed for cumulative effects. Any one proposal in the grouped package may be altered or deleted up until the time of adoption. If the City finds that frequent, project-specific requests are resulting in piecemeal amendments, internal inconsistencies may result. At such time, the city may consider a comprehensive update to address certain issues. 3.3 Reliance on the General Plan Program EIR The City of Chula Vista General Plan is subject to the California Environmental Quality Act (CEQA). As such, a Program Environmental Impact Report (PEIR) was prepared and certified in conjunction with General Plan adoption. The PEIR identifies environmental im pacts that could result from implementing the development goals established in the General Plan. For significant impacts, the PEIR requires appropriate m itigation measures to reduce or avoid the impacts, where available and feasible. Page 288 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-9 City of Chula Vista General Plan State law permits subsequent projects to rely on the environmental analyses within the General Plan PEIR as a base for project -level environmental review. Environmental r eview of project specific impacts must still be preformed for subsequent projects and plans. Required mitigation measures must also be identified, pursuant to such project level review. Page 289 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-10 City of Chula Vista General Plan 4.0 PLANNING FACTORS, OBJECTIVES, AND POLICIES There are several planning factors involved in implementing this General Plan. Such factors are discussed in Sections 4.1 - 7.4 of this element. Each factor has at least one objective, or focused goal, and each objective has at least on policy, which descr ibes how the City will meet the objectives 4.1 Developing Plans and Programs to Carry Out the General Plan To make the long-range comprehensive mature of the General Plan more meaningful, a link between the General Plan and day -to-day actions of local government is required. Achieving Chula Vista’s vision for the future relies on land use proposals and development that successfully implement the goals, objectives, and policies of the General Plan. Coordination with other jurisdictions and with regional pla ns and policies ensu res that Chula Vista’s implementing programs also address regional goals. Funding for needed infrastructure and improvements is also critical to successfully create the city envisioned by this General Plan. Efficiently implement the vision establishe d by the Chula Vista General Plan Policies GPI 1.1 Upon adoption of the General Plan, embark on a General Plan Implementation Strategy to identify the timing and responsible parties for preparation of a Comprehensive Zoning Code Update, appropriate timing for creation of specific plans for key areas of the city such as transit oriented development (TOD) areas, and other implementation measures. GPI 1.2 Ensure that the implementing tools available to the City, including the zoning, subdivision review, redevelopment planning, capital facilities programs, and land use permits, reflect the vision, goals, objectives and policies established in this General Plan. Objective - GPI 1 Page 290 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-11 City of Chula Vista General Plan GPI 1.3 Identify project and infrastructure funding at the earliest possible point in the land use review and development process. GPI 1.4 Collaborate with other jurisdictions on regional plans and policies affecting land use decisions to ensure that Chula Vista's General Plan and implementing plans and projects remain responsive to regional issue s. 4.2 Achieving Consistency with the Chula Vista General Plan A general plan is broad in nature and must address a wide range of aspects relative to a city's future development. In California, the general plan has been institutionalized through the enactment of statutes requiring consistency of certain local actions with the general plan. Additional statutes, while not mandating consistency, require findings or a report on whether proposed actions conform to the general plan. The state's general rule for consistency determination is stated as: “An action, program or project is consistent with the general plan if it, considering all aspects, will further the objectives of the general plan and not obstruct their attainment.” Provide consistency between the Chula Vista General Plan and subsequent documents, plans, projects, and development. Policies GPI 2.1 Pursue zoning in the City that is consistent with the land use designations of the adopted Chula Vista General Plan. GPI 2.2 Require findings of consistency with the General Plan for all subdivisions, planning approvals and building permits. Objective - GPI 2 Page 291 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-12 City of Chula Vista General Plan 4.3 Amending the General Plan To remain effective, a general plan must maintain flexibility and be able to respond to changing economic, social and other factors impacting land use decisions. The Chula Vista General Plan reflects substantial participation by residents, City departments and public agencies. In addition, significant regional and local planning studies that have had a m ajor impact on the General Plan have been completed or are under way. Key ongoing regional planning studies, including those related to public transit, cons ervation and open space; waste management; and housing, will continue to impact land use planning in Chula Vista. As such, a process for amending the General Plan is important. Maintain a current and effective General Plan. Policies GPI 3.1 When appropriate, group general plan amendment proposals in any calendar year to accommodate efficiency of review, analysis and evaluation of cumu lative land use, fiscal, environmental, and other impacts. GPI 3.2 Establish general plan amendment applicati on guidelines and requirements to ensure that general plan amendments further the vi sion and themes established by the community in this General Plan. GPI 3.3 Place approval authority for general plan amendments with the City Council, after review by the City Planning and Building Department staff and Planning Commission recommendations. GPI 3.4 When appropriate, require fiscal analyses for General Plan Amendments involving changes in land use designations to identify net fiscal impact to the City. Objective - GPI 3 Page 292 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-13 City of Chula Vista General Plan 4.4 Using the General Plan Program EIR The Chula Vista General Plan provides the broad fr amework for achieving the City envisioned by the community. The General Plan relies on subsequent programs, actions and projects to develop and realize the goals and objectives within the various elements. Such programs, actions, and projects may be subject to environmental review under CEQA. The State CEQA Guidelines permit the Program Environmental Impact Report (PEIR) prepared for the General Plan to be used as the foundation for analyzing the environmental effects of ensuing projects. Specific guidelines for the proper use of the PEIR for subsequent projects are found in the California Public Resources Code and the State CEQA Guidelines. Use and rely upon the General Plan PEIR for subsequent program and project proposals where appropriate. Policies GPI 4.1 Permit subsequent program and project proposals to incorporate the studies and findings found in the Chula Vista General Plan PEIR as part of the base, background analysis for review of the project under CEQA. GPI 4.2 Require project-specific review and analysis, as well as project -specific mitigation measures, for subsequent projects that rely in part upon the Chula Vista General Plan PEIR. Objective - GPI 4 Page 293 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-14 City of Chula Vista General Plan 5.0 IMPLEMENTING PLANS AND PROGRAMS BY GENERAL PLAN ELEMENT This section of the General Plan identifies key implementation measures - actions, plans and programs - associated with carrying out the direction of each of the General Plan Elements. These measures are designed to achieve and accomplish the goals and obj ectives and policies that will bring about the vision established for Chula Vista's future. In effect, the implementation measures serve as the critical link between the General Plan and tangible actions. A more detailed implementation and monitoring progr am, including schedules; funding sources; companion agencies; and related General Plan policies will be prepared and maintained separately from the Chula Vista General Plan text. 5.1 Land Use and Transportation Element The primary actions, plans and progr ams that will implement the goal, objectives and policies within the Land Use and Transportation Element include the following: • Zoning Code (updated as needed to reflect current General Plan) • Urban Core Specific Plan • Other specific plans and related focused plans and programs • Bayfront Master Plan • Comprehensive survey and inventory of historic properties • New or revised regulations and incentives to facilitate mixed use and other smart growth principles • Plans and programs to implement tr ansit enhancements, including new regional express and corridor routes, and local shuttle route • Introduction of urban mobility concepts and new roadway classifications and approaches in the Urban Core • An Urban Core Improvement Program • Preparing a Framework Strategy for the University Study Area • Expanded regional coordination programs, including participation in subregional plans, and implementing focused plans in smart growth concept areas Page 294 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-15 City of Chula Vista General Plan 5.2 Economic Development Element The major actions, plans and programs that will implement the goal , objectives and policies within the Economic Development Element include the following: • Zoning to accommodate a regional technology park and a multi -institutional university center • Zoning to accommodate employment lands and increased densities near transit facilities • Zoning provisions for mixed use projects, home-based businesses and ancillary commercial development in business parks • A Marketing Program, to include an image enhancement component, promotion of international trade opportunities and Chula Vi sta's tourism, and recreational opportunities • Maintenance and implementation of the Chula Vista Economic Development Strategy 5.3 Housing Element The major actions, plans and programs that will implement the goal, objectives and policies contained in the H ousing Element include the following: • Comprehensive Housing Plan, including components for the following: • Affordable Housing Program • Neighborhood Revitalization Program • Housing Rehabilitation Program • Condominium and Mobile Home Conversions • Transitional Housing Programs • Annual Fair Housing Assessments • Zoning provisions for mixed use residential projects and flexible development standards 5.4 Public Facilities and Services Element • Facility Master Plans (updates and revisions, as necessary) • Public Facilities Financing Plans (project-specific and City-or area-wide) • Capital Improvements Programs • Development Impact Fees • Urban Water Management Plans • City Emergency Response Plan • Hazard Mitigation Plan • Zoning provisions for post-disaster development Page 295 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-16 City of Chula Vista General Plan • Zoning to accommodate an institution of higher education • Park Dedication Ordinance • Development guidelines and standards for new development within and adjacent to the Otay Valley Regional Park • Feasibility study for the location and design of a landmark park in Chula Vista • Zoning provisions to accommodate childcare facilities and other health and human services near homes, schools, work places, activity centers, and major transit facilities and routes • Cultural Arts Master Plan and a feasibility study for the location and development of a cultural arts center in the City of Chula Vista • Chula Vista Energy Strategy • Zoning provisions to address proper design and placement of public facilities and services, including telecommunication facilities and solid waste disposal facili ties 5.5 Environmental Element • City of Chula Vista Multiple Species Conservation Program Subarea Plan (MSCP) • Jurisdictional Urban Runoff Mangement Plan • San Diego Bay Watershed Urban Runoff Management Program • Chula Vista Carbon Dioxide (Co2) Reduction Plan • Chula Vista Energy Strategy Action Plan • Otay Ranch Resource Management Plan • Greenbelt Master Plan • Trails Master Plan • Otay Valley Regional Park Concept Plan • Parks and Recreation Master Plan • Project-Specific Environmental Analysis pursuant to CEQA • Project-Specific Plans, including; • Water Conservation Plan • Water Quality Study • Air Quality Improvement Plan • Solid Waste Management Plan • Zoning provisions to permit mixed use developments, encourange efficient use of water and energy, reduce risk associated with natu ral hazards • Various development codes and ordinances, including but not limited to: • Urban-Wildland Interface Code • Noise Control Ordinance • California Building Code • Zoning Code Hazardous Waste Facilities Regulations (Municipal Code Section Page 296 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-17 City of Chula Vista General Plan 19.58.178) • Development and Redevlopment Projects Storm Water Management Standards Requirements Manual • Surface Mining Operations Ordinance • Various city programs and policies, including but not limited to: • Pollution Prevention Policy • Household Hazardous Waste Program • Zoning Provisions to address the proper siting and design of hazardous waste facilities • An evaluation of Historic Preservation in Chula Vista, including a comprehensive survey and inventory of historic properties 5.6 Growth Management Element The major actions, plans and programs that will imple ment the goal, objectives, and policies within the Growth Management Element include the following: • Growth Management Program • Public Facilities Financing Plans (project specific and City-or area-wide) • Development Agreements for major development projects • Fiscal Impact Analysis for major development projects • Annual City-wide Economic Assessment Page 297 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-18 City of Chula Vista General Plan Objective - GPI 5 5.7 Using the General Plan Implementation Measures Tables At the end of this section, there is an implementation table for each General Plan element. The tables, designed to be a reader's guide for those putting together work programs, cover all the policies of a particular element and the implementation measure(s) action, plan or program -- that needs to be accomplished. They are set up with various implementation measures in the left - hand column, and corresponding policy numbers in the right -hand column. Each implementation measure may apply to several policies; therefore, several policy numbers may be listed beside it. Additionally, particular policy numbers may appear beside more than one implementation measure if multiple measures apply to a policy. The State's Office of Planning and Research General Plan Guidelines state that “Each policy must have a least one corresp onding implementation measure.” Establish an implementation program to achieve the General Plan policies Policies GPI 5.1 Within 120 days of General Plan adoption, the City will adopt a detailed implementation and monitoring program, identifying activities that must be undertaken to implement the General Plan, and consistent with items identified in Tables 11-1 through 11-5, including proposed schedules. GPI 5.2 The City will adopt necessary interim measures to manage projects, prior to adoption of the Implementation Program, and prior to updating the Zoning Ordinance or other regulations necessary to implement the General Plan. Page 298 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-19 City of Chula Vista General Plan Page 299 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-20 City of Chula Vista General Plan Foster coordination and cooperation between city departments, outside agencies, service providers and adjacent jurisdictions. LUT 24.1 – 24.3, LUT 25.1 – 25.2, LUT 44.2 – 44.3, LUT 62.1 Provide sufficient land for industrial and commercial (non-retail) uses; preserve and expand existing industrial uses. LUT 1.6, ED 3.4 Plan and facilitate development that generates regional serving retail and service jobs, increased employment densities near transit stations and routes, and a diverse supply of housing types and costs. (Also see ED Element Table 11-2) LUT 1.4, 1.5, LUT 34.3 Improve traffic flow and transportation linkages between the bayfront, southwestern and eastern areas of the City; link activity centers through strong public transportation and combined land uses; and develop activities and institutions that will attract residents citywide. LUT 6.9 – 6.10, LUT 38.1 – 38.5, LUT 63.1, LUT 66.1 – 66.2 Promote the establishment of a multi - institutional university center; facilitate partnerships with school districts and industry; collaborate with industries and trades regarding curriculum needs; work with job training programs; and work to facilitate employment by improving transportation, childcare, job training opportunities and other employment readiness factors. (Also see ED Element Table 11-2) LUT 44.6 Develop an overall transportation system plan and standards, as well as a convenient destination-oriented shuttle system within the City that links activity centers and other appropriate important destinations. LUT 63.1, LUT 73.1 – 73.6 Foster the development of a system of inter- connecting bicycle routes throughout the City and region. LUT 34.1 – 34.2, LUT 63.1, LUT 73.1 – 73.6 Prepare a Framework Strategy for the University Study Area LUT 65.1 – 65.2, LUT 87.1 – 87.3, LUT 88.1 – 88.4, LUT 89.1 – 89.4, LUT 90.1 – 90.14, LUT 91.1 – 91.3 Prepare Sectional Planning Area Plans LUT 64.1 – 64.6 Self-Implementing LUT 13.2, LUT 35.5, LUT 37.1, LUT 39.1, LUT 67.1, LUT 69.1, LUT 71.1, LUT 82.3, LUT 83.1 – 83.2 Create Specific Plans and related focused plans and programs LUT 10.1 – 10.7, LUT 11.1 – 11.5, LUT 43.1, LUT 44.1 – 44.12, LUT 45.1 – 45.15, LUT 52.1 – 52.8, LUT 77.1 – 77.4, LUT 78.1 – 78.6, LUT 79.1 – 79.5, LUT 81.1 – 81.9, LUT 84.1 – 84.3, LUT 85.1 – 85.6, LUT 86.1, LUT 92.1 – 92.6, LUT 93.1 – 93.3, LUT 94.1 – 94.9, LUT 95.1 – 95.6, LUT 96.1 – 96.2, LUT 97.1 – 97.4 Update the Housing Element LUT 1.9, LUT 27.1 – 27.3, LUT 27.5, LUT 35.1, LUT 36.1, LUT 64.2, LUT 72.3, LUT 77.1 Page 300 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-21 City of Chula Vista General Plan Prepare an Urban Core Improvements Program LUT 26.1 – 26.3 Complete an Urban Core Specific Plan LUT 1.11, LUT 1.13, LUT 1.16 – 1.18, LUT 4.3 – 4.7, LUT 5.1 – 5.3, LUT 5.5 – 5.13, LUT 6.1 – 6.6, LUT 7.3, LUT 8.1 – 8.6, LUT 8.8, LUT 9.1 – 9.5, LUT 10.1 – 10.6, LUT 11.1 – 11.5, LUT 13.1, LUT 13.3 – 13.4, LUT 15.3, LUT 15.5, LUT 16.1 – 16.3, LUT 17.1, LUT 17.1, LUT 18.3 – 18.4, LUT 18.8, LUT 19.4 – 19.5, LUT 20.1 – 20.2, LUT 22.1, 23.1- 23.14, LUT 26.1 – 26.3, LUT 27.2, LUT 27.4 - 27.5, LUT 30.1, LUT 30.1 – 30.3, LUT 31.4 – 31.6, LUT 33.1 – 33.4, LUT 33.1 – 33.2, LUT 46.1, LUT 46.3, LUT 47.1 – 47.2, LUT 48.1 – 48.6, LUT 49.1 – 49.26, 50.1 – 50.18, 51.1 – 51.5, 52.1 – 52.8, LUT 53.1 - 53.4 Prepare entryway/gateway master plans for LUT 54.1 – 54.7, LUT 55.1 – 55.15, LUT 56.1 – each of the identified entryways/gateways 56.8 As applicable, establish interim provisions and LUT 57.1 – 57.11, LUT 58.1 – 58.12, LUT 59.1 guidelines regarding the processing of projects – 59.9, LUT 60.1 – 60.4 prior to the completion of rezonings, and/or other regulations, plans and guidelines to implement the General Plan. Page 301 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-22 City of Chula Vista General Plan Table 11- 2 Implementation Measures Economic Development Element IMPLEMENTATION MEASURE POLICIES Establish zoning to accommodate a regional technology park and a multi-institutional university center (Also see LUT Element Table 11-1) ED 1.4, ED 2.1, ED 4.1 – ED 4.4, ED 11.1 – ED 11.6 Establish zoning to accommodate employment lands and increased densities near transit facilities (Also see LUT Element Table 11-1) ED 1.2, ED 1.3, ED 1.4, ED 2.2, ED 7.2 Establish zoning provisions for mixed use projects, home based businesses and ancillary commercial development in business parks (Also see LUT Element Table 11-1) ED 1.3, ED 1.4, ED 2.4, ED 2.5, ED 3.6, ED 7.1 – ED 7.5, ED 9.1 – ED 9.7 Establish a Marketing Program, to include an image enhancement component, promotion of international trade opportunities and Chula Vista’s tourism and recreational opportunities ED 1.1, ED 3.1 – ED 3.3, ED 3.5, ED 4.1, ED 5.1 – ED 5.7, ED 6.1 – ED 6.6, ED 8.1 – ED 8.3 Maintain and implement the Chula Vista Economic Development Strategy (Also see LUT Element Table 11-1) ED 1.5 – ED 1.6, ED 2.3, ED 2.6, 3.1, ED 3.2, ED 10.1 – ED 10.5, ED 12.1 – ED 12.4 Page 302 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-23 City of Chula Vista General Plan Table 11- 3 Implementation Measures Housing Element IMPLEMENTATION MEASURE OBJECTIVES A. The Affordable housing Program (AHO) requires a m inim um of ten percent of each housing developm ent of 50 or m ore units to be affordable to low- and m oderate -incom e households, with at least one half of those units (five percent of project total units) being designated for low- incom e households. Objective 1: Achievem ent of a balanced residential comm unity through integration of low- and m oderate -incom e housing throughout the City, and the adequate dispersal of such housing to preclude establishm ent os specific low-incom e enclaves. A. Facilitate the Use of Federal Funding as Available B. Facilitate the Use of State Funding as Available C. Assist Non -profit Comm unity Developm ent Corporations D. Encourage and Support Federally Assisted Housing Projects E. Support a Shared Housing Program F. Assist the County H ousing Authority to Produce a Minim um of 80 Public Housing Units G. Encourage Use of the Density Bonus Program H. Investigate Need for Single -Room Occupancy Hotels Objective 2: The provision of adequate rental housing opportunities and assistance to households with low and very low incom es, including those with special needs such as the elderly, handicapped, single -parent households, and large fam ilies. A. Expand Hom e Ownership Opportunities through the Affordable Housing Program B. Distribute General Marketing and Hom e -Loan Inform ation to the Public C. Institute First-Tim e Hom e Buyer Loan Program s D. Im plem ent Comm unity Reinvestm ent Hom e Loan Program s E. Explore Equity Share or Deferred Loan Program s F. Explore Participation in Sweat -Equity Projects G. Inform Seniors of the Revers e Annuity Mortgage Program H. Investigate Feasibility of Applying for Mortgage Credit Certificates I. Pursue Additional Tax -Exem pt Single Fam ily Mortgage Revenue Bonds J. Encourage Educational Program s for Hom eowners Objective 3: The broadening of available housing types and the increase of hom e ownership opportunities for low- and m oderate- incom e households. A. Continue to provide grants to low- incom e fam ilies to rehabilitate their m obile hom es through the Mobile Hom e Rehabilitation Grant Program (Trailer/Mobile Hom e CHIP Program ). Objective 4: Preservation of m obile hom e park living as a source of affordable housing. Page 303 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-24 City of Chula Vista General Plan A. Continue to provide grants to low- incom e fam ilies to rehabilitate their m obile hom es through the Mobile Hom e Rehabilitation Grant Program (Trailer/Mobile Hom e CHIP Program ). B. Explore upgrading trailer parks to allow conversion to exclusive m obile hom e park zones. C. Monitor and enforce the City’s Rent Arbitration Ordinance to protect the rights of m obile hom e residents in preserving this affordable housing alternative. To provide financial assistance to low-incom e residents requesting arbitration through the Rent Arbitration Assistance Fund. D. Monitor and enforce the City’s Mobile Hom e/Trailer Park Conversion Ordi nance to protect the rights of m obile hom e residents. E. Assist m obile hom e park residents to purchase their parks and convert to resident ownership by operating the City’s Mobile Hom e Assistance Program and assisting with the application for other funding sources, such as the State Mobile Hom e Assistance Program . F. Prom ote participation by referring eligible residents to the San Diego County Mobile Hom e Rent Assistance Program . G. Identify new program s in cooperation with the W estern Mobile Hom e Park Owners Association to preserve the affordability of m obile hom e park residency. Objective 4: Preservation of m obile hom e park living as a source of affordable housing. A. Preserve At -Risk Affordable Housing Units B. Im plem ent a Proactive Neighborhood Im provem ent Program C. Im plem ent the Multi-Fam ily Housing Inspection Program D. Rem oval of Dilapidated Structures E. Im plem ent Rehabilitation Program s F. Im plem ent the Neighborhood Revitalization Program (NRP) G. Continue to Regulate Condom inium and Stock Coopera tive Conversions to Prevent Existing Residents H. Encourage Educational Program s for Hom eowners Objective 5: The system atic renewal, rehabilitation, conservation, and im provem ent of the residential neighborhoods of the Chula Vista Planning Area. A. Participate in a Regional Approach to Address Hom elessness B. Facilitate Transitional Housing Program s Objective 6: To provide housing assistance to individuals and fam ilies who are hom eless and enable them to m ove back into perm anent housing. Page 304 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-25 City of Chula Vista General Plan A. Continue to provide grants to low- income families to rehabilitate their mobile homes through the Mobile Home Rehabilitation Grant Program (Trailer/Mobile Home CHIP Program). B. Explore upgrading trailer parks to allow conversion to exclusive mobile home park zones. C. Monitor and enforce the City’s Rent Arbitration Ordinance to protect the rights of mobile home residents in preserving this affordable housing alternative. To provide financial assistance to low-income residents requesting arbitration through the Rent Arbitration Assistance Fund. D. Monitor and enforce the City’s Mobile Home/Trailer Park Conversion Ordinance to protect the rights of mobile home residents. E. Assist mobile home park residents to purchase their parks and convert to resident ownership by operating the City’s Mobile Home Assistance Program and assisting with the application for other funding sources, such as the State Mobile Home Assistance Program. F. Promote participation by referring eligible residents to the San Diego County Mobile Home Rent Assistance Program. G. Identify new programs in cooperation with the Western Mobile Home Park Owners Association to preserve the affordability of mobile home park residency. Objective 4: Preservation of mobile home park living as a source of affordable housing. A. Preserve At-Risk Affordable Housing Units B. Implement a Proactive Neighborhood Improvement Program C. Implement the Multi-Family Housing Inspection Program D. Removal of Dilapidated Structures E. Implement Rehabilitation Programs F. Implement the Neighborhood Revitalization Program (NRP) G. Continue to Regulate Condominium and Stock Cooperative Conversions to Prevent Existing Residents H. Encourage Educational Programs for Homeowners Objective 5: The systematic renewal, rehabilitation, conservation, and improvement of the residential neighborhoods of the Chula Vista Planning Area. A. Participate in a Regional Approach to Address Homelessness B. Facilitate Transitional Housing Programs Objective 6: To provide housing assistance to individuals and families who are homeless and enable them to move back into permanent housing. Page 305 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-26 City of Chula Vista General Plan A. Participate in a Regional Approach to Address Homelessness B. Facilitate Transitional Housing Programs C. Identify Non -profit Providers to Operate Emergency Shelter Programs D. Support Existing Services for the Homeless Objective 6: To provide housing assistance to individuals and families who are homeless and enable them to move back into permanent housing. A. Review and Revise Affordable Housing Standards B. Implement an Ongoing Monitoring and Evaluation Program C. Establish an Affordable Housing Quality of Life Threshold Standard Objective 7: Ensure the successful implementation of housing policies and programs through effective coordination, monitoring, and evaluation. A. Continue Fair Housing Counseling Services and Referral Activities B. Conduct the Annual Fair Housing Assessment C. Require Developers of Housing Projects (20 units or more) to Submit Affirmative Fair Marketing Plans Objective 8: The elimination of racial, age, religious, sexual, and economic bias and discrimination in the housing provision, and to ensure fair lending practices. A. Expedite the Processing of Affordable Housing Projects B. Designate an Affordable Housing Ombudsman C. Establish specific procedures for evaluating requests for subsidies involving fees, land write downs, and other forms of City assistance. Objective 9: Reduction and/or removal to the greatest extent possible of identified constraints to the development, maintenance, and improvement of housing within the planning area. A. Encourage energy and water conservation features and recycling storage areas in new housing in conjunction with the City’s existing policy for the “Conservation of Energy and W ater” within the City of Chula Vista. B. Continue to encourage the weatherization programs for low- income households currently sponsored by the MAAC project. C. Continue to require the installation of dual-piping systems in new projects to accommodate the use of reclaimed water for landscaping and other applications as feasible. D. Continue to require the submission of a “water management plan” and “air quality improvement plan” for large development projects at the Sectional Planning Area (SPA) Plan stage or similar level of review. E. Title 24 Compliance Review – The Planning and Building Department will continue to perform resi dential Title 24 energy analysis as part of building plan to check procedures Objective 10: To encourage the development of new housing, and the retrofitting of existing housing, with features to address environmental issues such as energy and water conser vation and recycling. Page 306 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-27 City of Chula Vista General Plan Table 11-3 Implementation Measures Housing Element A. The City will Encourage a Balance of Housing to Jobs B. Investivate the Need or Appropriateness of a Housing Linkage Fee C. Protect Coastal Zone Housing – Implement the Housing Demolition Rules and the Ten Percent Affordable Housing Requirement D. Provide Relocation Assistance as Required by Law Objective 11: To fully address specific housing issues as they affect our community and to enforce applicable laws and ordinances. A. Five-Year Capital Improvement Program (CIP) – The City will continue to implement the ongoing CIP program B. Implement the 20-year Neighborhood Revitalization Program C. Continue to Require Facilities Financing Plans for All Master Planned Communities and Other Facility Financing Methods D. Continue Maintenance of Public Improvements and Facilities Objective 12: To provide and maintain adequate public improvements, facilities, and services to support residential growth in a manner consistent with the Growth Management Element and Program. NOTE: The format of this table is different than the other five tables (the right column contains objectives, rather policies) because the Housing Element is on its own state dictated update timetable and uses objectives and implementation measures, rather than objectives and policies. Page 307 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-28 City of Chula Vista General Plan Table 11- 4 Implementation Measures Public Facilities and Services Element IMPLEMENTATION MEASURE POLICIES Administer Facility Master Plans, and perform updates and revisions as necessary. GM 1.7 Administer Capital Improvements Programs PFS 4.1 – PFS 4.3 Collect Development Impact Fees Administer Urban Water Management Plans PFS 1.1 – PFS 1.7, PFS 2.1 – 2.3, PFS 3.1 – PFS 3.4 Administer City Emergency Response Plan PFS 5.1 – PFS 5.8, PFS 6.1 – PFS 6.3, PFS 7.1 – 7.5 Establish zoning provisions for post-disaster development PFS 8.1 – PFS 8.4 Develop Park Dedication Ordinance PFS 14.1 – PFS 14.10, PFS 15.1 – PFS 15.11 Follow development guidelines and standards for new development within and adjacent to the Otay Valley Regional Park PFS 16.1 – PFS 16.3 Conduct a feasibility study for the location and design of a landmark park in Chula Vista PFS 17.1 – PFS 17.3 Establish zoning provisions to accommodate childcare facilities and other health and human services near homes, schools, work places, activity centers and major transit facilities and routes PFS 19.1 – PFS 19.10 Develop a Cultural Arts Master Plan and a feasibility study for the location and development of a cultural arts center in the City of Chula Vista (Also see LUT Element Table 11-1) PFS 19.1 – PFS 19.10, PFS 20.1 – PFS 20.3 Establish Chula Vista Energy Strategy PFS 22.1 – PFS 22.5, PFS 23.1- PFS 23.5 Establish zoning provisions to address proper design and placement of public facilities and services, including telecommunication facilities and solid waste disposal facilities PFS 21.1 – PFS 21.3, PFS 24.1 – PFS 24.3, PFS 25.1 – PFS 25.4, EE 23.2 – EE 23.4 Develop a plan that will assure quality education and recreation for people of all ages PFS 9.1 – 9.5, PFS 101 – 10.6, PFS 11.1 – PFS 11.5, PFS 12.1 – PFS 12.3, PFS 13.1 – PFS 13.3, PFS 18.1 – PFS 18.3, EE 23.4 Page 308 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-29 City of Chula Vista General Plan Table 11-5 Implementation Measures Environment Element IMPLEMENTATION MEASURE POLICIES Administer the City’s Multiple Species Conservation Program Subarea Plan (MSCP) (Also see LUT Element Table 11-1) E1.1, E 4.1 – E 4.2, E 5.1, E 5.3, E 12.1, E 16.1 Administer the Jurisdictional Urban Runoff Management Plan E 2.1 – E 2.7 Administer the San Diego Bay Watershed Urban Runoff Management Program E 2.1 – E 2.7 Administer the Standard Urban Storm Water Mitigation Plan E 2.1 – E 2.7 Administer the Carbon Dioxide (CO2) Reduction Plan E 6.1 – E 6.11 Administer the Energy Strategy Action Plan E 7.1 – E 7.4 Administer the Chula Vista Greenbelt Master Plan E 4.2 – E 4.3, E 11.1 – E 11.10, E 12.1 – E 12.2 Administer the Chula Vista Trails Master Plan E 11.1 – E 11.10, E 12.1 – E 12.2 Administer Project-Specific Environmental Analyses pursuant to CEQA E 3.6, E 10.1 – E 10.2 Administer Project-Specific Plans, including: Water Conservation Plan; Water Quality Study; Air Quality Improvement Plan; Solid Waste Management Plan E 2.1 – E 2.7, E 3.1 – E 3.6, E 6.1 – E 6.11, E 8.1 – E 8.6 Establish zoning provisions to permit mixed use developments, encourage efficient use of water and energy, reduce risk associated with natural hazards E 3.1 – E 3.6, E 6.1 – E 6.11, E 7.1 – E 7.4, E 13.1, E 14.1 – E 14.5, E 15.1 – E 15.2, E 16.1, E22.4 Administer various development codes and ordinances, including but not limited to: Urban- Wildland Interface Code; Noise Control Ordinance; California Building Code; Zoning Code Hazardous Waste Facilities Regulations (Municipal Code Section 19.58.178); Development and Redevelopment Projects Storm Water Management Standards Requirements Manual; Surface Mining Operations Ordinance E 5.1 – E 5.3, E 21.1 – E 21.4, E 22.1 – E 22.5 Administer various City programs and policies, including but not limited to: Pollution Prevention Policy; Household Hazardous Waste Program E 2.1 – E 2.7, E 18.1, E 19.1 Establish zoning provisions to address the proper siting and design of hazardous waste facilities E 17.1 – E 17.2, E 19.1 – E 19.2, E 20.1 – E 20.3 Conduct an evaluation of Historic Preservation in Chula Vista, including a comprehensive survey and inventory of historic properties (Also see LUT Element Table 11-1) E 4.1, E 9.1 – E 9.3 Page 309 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-30 City of Chula Vista General Plan 6.0 PERIODIC REVIEW AND REPORTING 6.1 Purpose of Periodic Reporting The goals, objectives and policies found in the Ch ula Vista General Plan are far-reaching in their scope and purpose. As the City continues to develop and mature, changes in social and economic factors, as well as changes in local and regional transportation, public facilities, and environmental factors will occur. To remain effective, the City will periodically assess the progress made in implementing the General Plan, as required by Section 65400 of the California Government Code. 6.2 Format and Content Reporting The progress report will be prepared and reviewed with the C ity Council, and submitted to the State. It may be formatted to focus on individual policies and implementation programs or on development activities and approved projects. It will address progress made in meeting Chula Vista's share of regional housing needs, and will make recommendations for any re visions to the General Plan elements, including the chapter on General Plan Implementation, that will ensure more effective implementation and achievement of the vision established for Chula Vista. 6.3 Assessing General Plan Implementation Implementation is critical to realizing the vision established by the citizens of Chula Vista through the general plan update process. Monitoring is necessary for the city to evaluated if the various programs and policies are successfully achieving the goa ls and objectives established by the plan. Page 310 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-31 City of Chula Vista General Plan Conduct periodic reviews to assess progress made in General Plan implementation. Policies GPI 6.1 Prepare a periodic implementation progress report that assesses progress made in implementing the plans, programs, and mitigation measures established by the Chula Vista General Plan and associated Program Environmental Impact Report (PEIR). GPI 6.2 Use the General Plan Implementation Chapter, the Ge neral Plan PEIR and the General Plan Implementation Strategy as the basis for preparing a periodic progress report. Assessing progress made in implementing the plans, programs, and mitigation measures esta blished by the Chula Vista General Plan and associated Program Environmental Impact Report (PEIR). GPI 6.3 When appropriate, hold a joint Planning Commission and City Council public meeting where the community can comment on the status of implementing the General Plan and on the priority of implementation programs. GPI 6.4 Submit the periodic implementation progress report to OPR and HCD to comply with requirements established by the State of California Public Resources Code. GPI 6.5 If indicated by the periodic implementation progress report, allow for general plan amendments that are needed to increase the effectiveness of implementation. Objective - GPI 6 Page 311 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chula Vista Vision 2020 GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-32 City of Chula Vista General Plan 7.0 CITY BOUNDARY REORGANIZATIONS 7.1 City and Sphere of Influence Boundaries This General Plan addresses existing and future land uses within the jurisdictional bo undaries of the City of Chula Vista, as well as within Chula Vista's “Sphere of Influence.” A sphere of influence is an area outside of the City's boundaries that relates to the function and operation of the City. Annexations, technically known as reorgani zations, are defined as the “inclusion, attachment or addition of territory to a city or dist rict” (California Government Code). Areas proposed for annexation must first be within the City's sphere of influence and within the City's General Plan area. 7.2 Potential City Boundary Reorganizations The boundary between the City of Chula Vista and the City of National City, between Interstates 5 and 805, crosses the Sweetwater River Valley and State Route 54 in several locations. This border is, therefore, one that may lend itself to reorganization to use the river valley or State Route 54 as the boundary between the two jurisdictions. Another potential boundary adjustment may be appropriate in the area of Otay Ranch Village 13, currently in unincorporated territ ory of San Diego County, where future urban development and services may relate to the City of Chula Vista. Reorganizations may be logical along other City boundaries, as well. 7.3 Annexations Procedures The San Diego Local Agency Formation Commission (LAF CO) is responsible for reviewing and approving annexations and detachments, or changes to the Chula Vista sphere of influence and jurisdictional boundary. An application is made and submitted to LAFCO, along with reports on the effects of the proposed reor ganization. Factors considered in the review may include, but not be limited to, the following: • Population, density, and proximity to other populated areas; • Land area, land use, and likelihood of significant growth in the area; • Topography, natural boundaries, and drainage basins; • Need for organized community services and the ability to provide them; • Cost of providing services and infrastructure, and the probable effect of providing those services; • Creation of islands or corridors of unincorporated territory; and • Comments of any affected local agency. Page 312 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GENERAL PLAN IMPLEMENTATION CHAPTER 11 Page GPI-33 City of Chula Vista General Plan 7.4 Changes to City Boundaries Promote logical revisions to the Chula Vista sphere of influence and jurisdictional boundaries. Policies GPI 7.1 Permit, and, in some instances, promote requests for reorganization of jurisdictional or sphere of influence boundaries that further the vision established by the Chula Vista General Plan. GPI 7.2 Require analyses to consider and review impacts to services, infrastructure and fiscal health anticipated by proposed changes to sphere of influence or jurisdictional boundaries. Objective - GPI 7 Page 313 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Attachment #6 – Draft Amendments to CVMC Chapter 19.92 Sections: 19.92.010 Purpose/intent. 19.92.020 Definitions. 19.92.030 Requirements for public facilities financing plans (PFFP), air quality improvement plans, and water conservation plans. 19.92.040 Threshold standards for external facilities and services. 19.92.050 Public facilities financing plan (PFFP) contents. 19.92.060 Public facilities financing plan (PFFP) preparation. 19.92.080 Public facilities financing plan (PFFP) implementation. 19.92.090 Public facilities finance plan (PFFP) amendment. 19.92.130 Implementing procedures. 19.92.140 Council actions, fees, notice. 19.92.150 Facility master plans. 19.92.010 Purpose/intent. The purpose and intent of this chapter is to establish compliance mechanisms and standards to ensure public Facilities, infrastructure and services will exist, or concurrently be provided, to meet the demands of infrastructure and climate protection generated by new Development. 19.92.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended: “Air Quality Improvement Plan (AQIP)” means a project-specific Air Quality Improvement Plan prepared and approved in accordance with CVMC 19.92.030 “Development” means any land use, building or other alteration of land and construction incident thereto. “Director of Development Services” or “Director” means the Director of the City’s Development Services Department or their designee. “Discretionary Planning Approval” means any permit, entitlement or approval issued under the authority of the zoning and subdivision titles of this Code, and any legislative actions such as Zone Changes, General Plan Amendments, Sectional Planning Area (SPA) Plans or General Development Plan approvals or amendments. Page 314 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda “Facilities” means any schools, public safety facilities, infrastructure, civic buildings, corporation yards, park/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be identified in a Public Facilities Financing Plan. “Facility Master Plan” means any adopted master plan for future facility needs, including, but not limited to: sewer, drainage, water, transportation, police, fire and emergency services, libraries, and parks. “Project” means the activity for which either an application for a Sectional Planning Area (SPA) Plan, a Tentative Map (TM), a Conditional Use Permit (CUP), or a similar activity has been or is required to be submitted and which may be subject to discretionary approvals by the City. “Public Facilities Financing Plan (PFFP)” means a Project-specific Public Facilities Financing Plan prepared and approved in accordance with CVMC 19.92.030 through 19.92.120. “SPA Plan” means a Sectional Planning Area Plan, as prescribed in Chapter 19.48 CVMC. “Substantial Compliance” means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. “Threshold Standards” means those certain standards identified in CVMC sections specifying the Facilities and services required to support the present and future needs of the City. “Water Conservation Plan” means a Project-specific Water Conservation Plan prepared and approved in accordance with CVMC 19.92.030. 19.92.030 Requirements for public facilities financing plans (PFFP), air quality improvement plans, and water conservation plans. A. Public Facilities Financing Plans. No application for a SPA Plan, or, if a SPA Plan is not required, no application for a Tentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a PFFP which has been approved by the City; or 2. A PFFP, that includes the Project, has already been initiated; or 3. The applicant initiates the preparation of a PFFP. The PFFP may be waived by the City Council upon a showing that there are no public facilities, infrastructure and service needs warranting the preparation of a PFFP. Page 315 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda B. Air Quality Improvement Plans. No application for a SPA Plan, or, if a SPA Plan is not required, no application for a Tentative Map shall be deemed complete or accepted for review unless: 1. It is accompanied by an Air Quality Improvement Plan that has been approved by the City; or 2. An Air Quality Improvement Plan, that includes the Project, has already been initiated; or 3. The applicant initiates the preparation of an Air Quality Improvement Plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the Director of Development Services shall require. C. Water Conservation Plans. No application for a SPA Plan, or, if a SPA Plan is not required, no application for a Tentative Map shall be deemed complete or accepted for review unless: 1. It is accompanied by a Water Conservation Plan that has been approved by the City; or 2. A Water Conservation Plan, that includes the Project, has already been initiated; or 3. The applicant initiates the preparation of a Water Conservation Plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the Director of Development Services shall require. BD. No SPA Plan, nor any Tentative Map, shall be approved, or deemed approved, without an approved PFFP, an approved Air Quality Improvement Plan and an approved Water Conservation Plan. To provide consistency and implementation of said plans, the City Council may impose any condition to the approval of a SPA Plan or Tentative Map necessary to implement the PFFP, the Air Quality Improvement Plan, the Water Conservation Plan, or the [Facility Master Plans.] CE. No Final Map shall be approved until all the conditions of the PFFP, the Air Quality Improvement Plan, the Facility Master Plans, and the Water Conservation Plan have been met, or the Project applicant has provided adequate security to the City that said plans will be implemented. DF. No other discretionary planning approvals shall be granted unless the City Council finds that the Project is consistent with an approved PFFP, an Air Quality Improvement Plan,and the Facility Master Plans., and a Water Conservation Plan. EG. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the Air Quality Improvement Plan and the Water Conservation Plan and all applicable fees, including, but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the City Council, have first been paid or provision for their payment has been made to the satisfaction of the City Council. FH. No Development shall occur in a PFFP area if the demand for any public facilities, infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to Page 316 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda completion of Development unless the means, schedule and financing for increasing the capacity are established through the execution of a binding agreement providing for installation and maintenance of such Facilities or improvements in advance of the City’s phasing schedule. 19.92.040 Threshold standards for external facilities and services. The thresholds within this section shall be considered when preparing PFFPs, AQIPs, and Water Conservation Plans. A. Air Quality and Climate Protection. 1. Goal. To maintain and improve the ambient air quality enjoyed by the residents of Chula Vista. 2. Objectives. a. In an effort to address the impacts of transportation and building-related energy use at both the regional and local level, the City shall endeavor to implement applicable air quality improvement strategies and programs that meet or exceed those established through the current adopted Regional Air Quality Strategy (RAQS), California’s Global Warming Solutions Act of 2006 (AB32), and the Chula Vista climate protection program. b. In an effort to maintain and improve ambient air quality, the City shall endeavor to locally mitigate any new stationary source development project’s criteria air pollutant emissions that exceed local air quality standards. 3. Threshold Standard. The City shall pursue a greenhouse gas emissions reduction target consistent with appropriate City climate change and energy efficiency regulations in effect at the time of Project application for SPA Plans or for the following, subject to the discretion of the Director of Development Services: a. Residential projects of 50 or more residential dwelling units; b. Commercial projects of 12 or more acres (or equivalent square footage); c. Industrial projects of 24 or more acres (or equivalent square footage); or d. Mixed use projects of 50 equivalent dwelling units or greater. B. Water. 1. Goal. To ensure that adequate supplies of potable and recycled water are available to the City of Chula Vista. Page 317 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2. Objectives. a. Ensure that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth. b. Ensure that water quality standards requirements are met during growth and construction. c. Encourage diversification of water supply, conservation and use of recycled water where appropriate and feasible. 3. Threshold Standards. a. Adequate water supply must be available to serve new Development. Therefore, developers shall provide the City with a service availability letter from the appropriate water district for each Project. (Ord. 3539 § 1(Y), 2022). 19.92.050 Public facilities financing plan (PFFP) contents. The required contents of a Public Facilities Finance Plan (PFFP), including a fiscal impact analysis, drawings, diagrams, etc., shall be prescribed by the Director of Development Services. Unless there are non-economic benefits to the City or other overriding circumstances, tThe fiscal analysis/economic impact report shall be provided for each proposed Project, and, the Project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. 19.92.060 Public facilities financing plan (PFFP) preparation. A. A PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan may be processed concurrently with the SPA Plan or Tentative Map. B. A PFFP may be initiated by filing an application with the Director of Development Services. The applicant shall pay a deposit at the time any application for a PFFP is accepted to cover the City’s costs for reviewing the plan. C. A PFFP for a Project shall be prepared by the applicant and its qualified consultantsCity, or a consultant selected by the City, according to the procedures established by this chapter. D. The cost of PFFP preparation shall be borne by the applicant. advanced to the City by the applicant and any participating owner or owners prior to PFFP preparation. Page 318 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 19.92.080 Public facilities financing plan (PFFP) implementation. A. The Director of Development Services shall ensure that PFFPs are prepared for all SPA Plans and Tentative Maps or equivalent Projects pursuant to Chapter 19.48 CVMC. B. In the event that the Director of Development Services or their designee finds that the Project is not in Substantial Compliance with the PFFP as modified or amended, the developer may be deemed to be in default and the corresponding discretionary permit approval continued issuance of building or development permits may be affected. 19.92.090 Public facilities finance plan (PFFP) amendment. A. Adoption of a PFFP does not establish any entitlement or right to any particular General Plan or zoning designation or any particular development proposal. B. If the Director of Development Services determines that such events or changed circumstances adversely affect the health, safety or welfare of the City, the City may require the amendment, modification, suspension, or termination (hereinafter “change”) of an approved PFFP. If the City requires such change, the City shall (1) give notice to applicant or owner of (a) the City’s intended action to change the PFFP, and (b) the reasons and factual basis for the City’s determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a City Council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the City shall find that (1) the circumstances were unknown or that the circumstances have changed; and (2) the health, safety or welfare of the community requires the change of the PFFP. This provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the Development of the property. If, after notice and hearing, the Council determines that a deficiency exists, then prior approval of the associated discretionary action may be affectedno further building or development permits shall be issued within the affected area and Development shall cease until an amendment to the applicable PFFP mitigating the deficiency is approved by the City Council. C. The City Council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate Facilities and improvements and subsequent permits will be conditioned on conformance. Page 319 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 19.92.130 Implementing procedures. The City Council may adopt any procedures it deems necessary to implement this chapter, including procedures for administering Threshold Standards or Facility Master Plans. (Ord. 3539 § 1(Y), 2022). 19.92.140 Council actions, fees, notice. A. Whenever this chapter requires or permits an action or decision of the City Council, that action or decision shall be accomplished by resolution and/or ordinance, as appropriate. B. The City Council shall establish application and processing fees for the submission and processing of Public Facilities Financing Plans (PFFPs). C. Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the project applicant and owners shown on the last equalized assessment roll. 19.92.150 Facility master plans. The City shall maintain a series of Facility Master Plans, as may be amended from time to time, for infrastructure and services throughout the City that regard the Threshold Standards in this chapter, including, but not limited to, police, fire and emergency services, libraries, parks and recreation, wastewater, drainage and circulation. In anticipation of service demands, these master plans shall contain an analysis of existing Facilities, existing and projected demand, and proposed maintenance and capital improvement projects. They shall also identify financing plans to accomplish identified improvements. Page 320 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1 Attachment #7 – Draft Amendments to PFFP Guidelines Public Facility Finance Plans Guidelines A Public Facility Finance Plan (PFFP) is a document that details infrastructure requirements for particular projects, and how the improvements will be funded. The Chula Vista Municipal Code (19.92.0309.080) requires Public Facilities Finance Plans (PFFPs) for Sectional Planning Area (SPA) plans and Tentative Maps.; Tthey are also required for development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater. I. Initiation and Preparation Typically, PFFPs are prepared early in the development review process, at the time a SPA plan is prepared; or, if no SPA is involved, as a part of the Tentative Map application. In some instances, the city may choose to incorporate the PFFP into other documents that meet the basic policy and technical requirements of a PFFP. For example, a PFFP could be incorporated into a Specific Plan or an area - specific financing plan sponsored by the city. In some instances, the city will sponsor preparation of a PFFP; for example, when the geographic coverage involved encompasses a large area with multiple landowners and no single development project. The procedures for such city-sponsored PFFPs will be similar to developer-sponsored PFFPs. Adoption of a PFFP does not establish any entitlement or right to any particular gGeneral pPlan or zoning designation, or any particular development proposal. A PFFP may be initiated by filing an application with the Director of Development Services. The applicant shall pay a deposit at the time any application for a PFFP is accepted, and the PFFP shall be prepared by the city, or a consultant selected by the city (which is typical), according to the procedures established by this section. In some instances, developer cooperation in the preparation of PFFPs (e.g., infrastructure design and cost estimating) is acceptable. In the case of a city-prepared PFFP, the city may recover the cost of PFFP preparation by adding the cost to the impact fees (or other financing mechanisms) created to fund the required public facility improvements. II.I. Content PFFP content requirements are outlined below. A. A PFFP shall include a complete description of the proposed development project, and a complete description of all public facilities included within the boundaries of the plan and off- site facilities that will service the development., as defined by the Development Services DirectorDirector of Development Services. It shall also include a description of the individual and cumulative impacts of the proposed development on the community as it relates to the Growth Management Program, the specific facility master plans. and the threshold standards. B. The PFFP shall consist of maps, graphs, tables, and narrative text and shall be based upon the General Plan, Sectional Planning Area (SPA), and zoning applicable within the area of impact. It Page 321 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2 shall be consistent with the Growth Management Program and threshold standards and shall implement the Growth Management Program within the area. C. The boundaries of the PFFP shall be established by the city at the time a SPA plan or Tentative Map is submitted by the applicant. The boundaries shall be based upon the impact created by the project on existing and future need for facilities. The project boundaries will correlate the proposed development project with existing and future development proposed for the area of impact to provide for the economically efficient and timely installation of both on-site and off- site facilities and improvements required by the development. In establishing the boundaries for the PFFP, the city shall be guided by the following considerations: 1. Service areas or drainage or sewer basins that serve the project; 2. Extent to which facilities or improvements are in place or available; 3. Ownership of property; 4. Project impact on public facilities relationships, especially the impact on the city’s planned major circulation network; 5. Special district service territories; and 6. Approved fire, drainage, sewer, or other facilities or improvement master plans. D. The boundaries shall be established by resolution after a public hearing, notice of which is given pursuant to CVMC 19.12.070. ED. The PFFP shall show how and when the facilities and services necessary to accommodate development within the area will be installed or and financed: 1. Police; 2. Fire/Emergency Medical Services; 3. Schools; 4. Libraries; 5. Parks and Recreation; 6. Water; 7. Sewer; 8. Drainage; and 9. Traffic; Page 322 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 3 FE. The PFFP shall include the following information with regard to each facility and service listed in Section E, above: 1. List of Facilities and Services. A list or schedule of facilities and service requirements correlated to individual development projects within the area. 2. Inventory. An inventory of present and future requirements for each facility and service. based upon the threshold standards. The inventory shall include life cycle cost (LCC) projections for each element in Section E, above, as they pertain to city fiscal responsibility. The LCC projections shall be for estimated life cycle for each element analyzed. The model used shall be able to identify and estimate initial and recurring life cycle costs for the above elements. Because requirements for certain facilities and services may overlap plan boundaries, the plan shall address the need for coordination and shall propose a coordination plan for facilities and services extending from one project boundary area to another. Cost estimates for funding public facilities and services directly related to the impact created by the project as well as for proposals for funding existing deficiencies required by the project prior to the phasing schedule set forth in the Growth Management Program shall be included. It must be shown that development in the area will not reduce the existing facilities or services capabilities within the project boundaries or create facilities or improvements shortages in other areas or reduce capability in any area below the threshold standards, which are established pursuant to CVMC 19.09.040-050. The growth inducing impact of the out-of-area improvements shall be assessed and mitigation provided, if appropriate, to the satisfaction of the city council. 3. Phasing Schedule. A phasing schedule that complies with the adopted development phasing policy as set forth in the Growth Management Program and the threshold standards, which establishes the timing for installation or provision for facilities and services required by the project. The phasing schedule shall ensure that development of one area will not utilize more than the area’s pro rata share of facility or service capacity within the projected service area of a facility unless sufficient capacity is ensured for other areas at the time of development. The phasing schedule shall include a schedule of development within the area and when facilities are built in relation to the unitsa cash flow analysis for financing of facilities and services for the PFFP area. The phasing schedule shall identify periods where the demand for facilities and improvements may exceed the capacity and provide a plan for eliminating the shortfall. If a project cannot demonstrate consistency with the phasing schedule, the PFFP must demonstrate, to the city’s satisfaction, how facilities required for the project in advance of the phasing schedule as set forth in the master plan will be provided. If no facility master plan or threshold standard exists for a particular facility, the PFFP for the project must demonstrate how that facility will be provided and financed in a phased and timely manner. 4. Financing Plan. A financing plan establishing specific methods of funding each facility and service identified in the PFFP, which allocates the cost to the various properties within the plan area. The plan shall identify those facilities and services that would otherwise be provided as a requirement of processing a development project (i.e., requirements imposed as a condition of a development permit) or provided by the developer in order to establish consistency with the General Plan, Growth Management Program or facility master plans, and those facilities and improvements for which new funding methods shall be sufficient to Page 323 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 4 ensure that funds are available to construct or provide facilities or services when required by the phasing schedule for the project. Where facilities or services are required for property within the PFFP area, other than the project, the phasing plan shall identify those other properties and the PFFP for each property shall be coordinated. Coordination, however, shall not require identical funding methods. GF. The PFFP shall establish the proportionate share of the cost of facilities and services identified in the Growth Management Program and the facility master plans attributable to the development of each property in the PFFP area. HG. In the event that an applicant provides private financing for public facilities or services to service a project in advance of the normal time frame for constructing such facilities, the approval of credits against any city fees for such advanced private financing may be postponed until the estimated time of such construction as specified in the specific facility master plan or the city’s capital improvement program budget. In lieu of a facility master plan phasing schedule, such determination shall be made by the cCity cCouncil after reviewing information from the Development Services DirectorDirector of Development Services, City Engineer, Finance Director, and Deputy City Manager. In no event shall a developer receive interest on funds for providing public facilities or services in advance of the city’s schedule. The developer shall also become responsible for the maintenance and operation costs associated with the early construction of said facility. No repayment will be made to the developer for the funds provided for maintenance and operational costs. All repayments will be considered in accordance with the city’s projected construction dates for said facilities. I. Assessment Special tax districts requested by the developer shall not be given credit for facility fees when a facility is constructed above the standards established by the respective facility master plan or standards imposed as conditions on the approval of the project by the Ccity cCouncil. JH. A fiscal impact analysis (FIA)/economic impact report shall be provided identifying capital budget impacts on the city as well as maintenance and operation costs for each proposed phase of development. The report shall include an analysis of the project impact on school districts and water agencies as well as the life cycle analysis set forth in Section F.2, above. Each year during the development of the project, the Development Services DirectorDirector of Development Services may require the applicant to provide the city with an updated fiscal impact report reflecting the actual revenue and expenditure impacts based upon the development of the project. The project shall be conditioned to provide funding for periods where expenditures exceed projected revenues. K. Developer contributions shall not be required as a source of funding for that proportion of the cost of any facility or service that is needed to reach threshold standards due to the demands created by existing development. (Ord. 2790, 1999; Ord. 2448 § 2, 1991). III.II. Public Facilities Finance Plan Amendment Page 324 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 5 The cCity cCouncil may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate facilities and improvements, and subsequent permits will be conditioned on conformance. An applicant can also initiate an amendment to a PFFP that was originally adopted for their project, following the same procedures as those for establishing a new PFFP. Page 325 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Attachment #8 Chapter 1.50 REASONABLE ACCOMMODATIONS FOR EQUAL ACCESS TO HOUSING Sections: 1.50.090 Appeal of determination. 1.50.090 Appeal of determination. Within 10 business days of the issuance of a written determination, the applicant or other interested party may file an appeal throughwith on forms provided by the Development Services Department with the City Clerk’s Office, from the determination of the Zoning Administrator or other discretionary reviewing authority to the City Council, in compliance with CMVC Chapter 19.14 CVMC. or the Building Official consistent with CVMC 15.06.070, as applicable. Said appeal shall specify therein that the decision of the Zoning Administrator was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. An applicant may also request reasonable accommodation in the procedure by which an appeal will be conducted. If an applicant needs assistance in filing an appeal, the DepartmentCity Clerk’s Office shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant. Chapter 9.40 HOUSING ASSISTANCE Sections: 9.40.030 Application for conversion or discontinuance of mobilehome or trailer park. 9.40.030 Application for conversion or discontinuance of mobilehome or trailer park. [Section 9.40.030 A thru C. remains unchanged.] D. Appeal From the Decision From the Director of Development Services, or Designee. Page 326 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1. An appeal from the decision of the 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 60 calendar15 days following the decision of the Director of Development Services, or designee. 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 form provided by the Development Services Department prescribed form and filed with the City Clerk. The appeal shall specify wherein there was an error in the decision of the Director of Development Services, or designee. Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. 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 City Clerk’s OfficeDirector of Development Services, or designee, shall take no longer than 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 60 calendar days from the application’s filing dateshall set the matter for public hearing before the City Council at the earliest practicable date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. 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 business days prior to the date of the hearing; b. By mailing notices at least 10 business 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 Director of Development Services, or designee, subject to the same limitations as are placed upon the 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. [Section 9.40.030 E thru G. remains unchanged.] Page 327 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chapter 10.84 PARKING RESTRICTED ON PRIVATE PROPERTY Sections: 10.84.020 Parking prohibited on portions of private property. 10.84.020 Parking prohibited on portions of private property. [Section 10.84.020 A thru C. remains unchanged.] 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 may appeal the decision of the Zoning Administrator to the Planning Commission. Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. The appeal shall be on a form provided by the Development Services Department and filed in writing with the City Clerk’s OfficeDevelopment Services Department within 10 business days of the Administrator’s action, and accompanied by the required appeal fee(s). Once a valid application for appeal has been filed, the City Clerk’s Office shall alertnotify the Director of Development Services who Development Services Department shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Unmounted campers and camper shells may not be placed in the front yard, driveway, or unscreened (by solid six-foot-high fence or hedge) exterior side yard setback area for a period of more than 72 hours. Chapter 12.24 DEDICATIONS Sections: Page 328 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 12.24.110 Installation of public improvements – Appeal of Director of Development Services’ ruling – Application and fees. 12.24.110 Installation of public improvements – Appeal of Director of Development Services’ ruling – Application and fees. If the Director of Development Services denies the request for a waiver of obligation to install improvements, a written application for appeal on forms provided by the Development Services Department shall be filed with the City Clerk’s OfficeDevelopment Services Department to appeal such denial and shall be accompanied by the required appeal fee(s). Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City.; Tthe appeal shall be heard by the Planning Commission. Said application must be filed within 10 business days ofrom the date on which the Director of Development Services made their ruling, be accompanied by the required appeal fee, and include a written statement specifically describing all of the baseis of the appeal and shall provide supporting documentation. Following the filing of a complete application, including all associated fees, the City Clerk’s Office shall alertnotify the Director of Development Services who Development Services Department shall take no longer than 30 calendar days to set a hearing before the Planning Commission at a regularly scheduled meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Chapter 15.04 EXCAVATION, GRADING, CLEARING, GRUBBING AND FILLS Sections: 15.04.260 Appeals – Time limit for filing – Form. 15.04.260 Appeals – Time limit for filing – Form. An interested party may appeal to the Planning Commission from any decision of the City Engineer within 10 business days after said decision. Appeals shall be in writing and shall state the specific nature of the appeal. Said appeal shall specify therein that the decision was in error and specifically Page 329 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Appeals shall be on forms provided by the Development Services Department and filed with the City Clerk’s OfficeDevelopment Services Department and accompanied by the required appeal fee(s). Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development ServicesDevelopment Services Department who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Chapter 17.28 UNNECESSARY LIGHTS Sections: 17.28.040 Lighting plans – Approval required when. 17.28.040 Lighting plans – Approval required when. All lighting plans in multiple-family, commercial and industrial zones shall be submitted to the Zoning Administrator for approval prior to installation thereof. Should the City disapprove of the plans, a written appeal by an interested party shall be on forms provided by the Development Services Department and may be filed with to the City Clerk’s OfficeDevelopment Services Department and accompanied by the required appeal fee(s). Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development ServicesDevelopment Services Department who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Page 330 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chapter 18.16 FINAL MAPS Sections: 18.16.220 Approval – Appeal. 18.16.220 Approval – Appeal. The decision of the Director of Development Services and the City Engineer may be appealed by an interested party to the Planning Commission. A written notice of appeal shall be on forms provided by the Development Services Department and must be filed with the City Clerk’s OfficeDevelopment Services Department and accompanied by the required appeal fee(s) within 10 business days of the date the Planning Commission was noticed that the final map was under review for final approval. Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development ServicesDevelopment Services Department who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Chapter 18.18 TENTATIVE PARCEL MAPS Sections: 18.18.090 Appeals from determinations – Procedure. 18.18.090 Appeals from determinations – Procedure. 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 appeal the determination within 10 business days to the Page 331 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Planning Commission by filing a written statement on forms provided by the Development Services Department with the City Clerk’s OfficeDevelopment Services Department and accompanied by the required appeal fee(s) stating with specificity all of the reasons for appeal and providing supporting evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development ServicesDevelopment Services Department who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Chapter 18.20 PARCEL MAPS Sections: 18.20.210 Approval – Appeal – Procedure. 18.20.210 Approval – Appeal – Procedure. 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 appeal the determination within 10 business days to the Planning Commission by filing a written statement on forms provided by the Development Services Department with the City Clerk’s OfficeDevelopment Services Department stating with specificity all of the reasons for appeal (with supporting evidence), and accompanied by the required appeal fee(s). Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services Development Services Department who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Page 332 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chapter 19.12 LEGISLATIVE ZONING PROCEDURE Sections: 19.12.070 Hearings – Notice required – Methods and additional contents of notice. Section 19.12.070 Hearings – Notice required – Methods and additional contents of notice. Notices of the time, place and purpose of such hearing shall be given in the following manner: A. By at least one publication in a newspaper of general circulation in the City as provided in the Charter, not less than 10 business days prior to the date set for hearing; B. By mailing a postal card or letter to all of the owners of property within 500 feet of the exterior boundary of the property involved, as well as the owner of the subject property, said owners being established for this purpose by an examination of the assessment records held in the office of the City Clerk; provided, however, that in such cases where the ownership has recently changed and such knowledge is available to the Development Services Director, notice shall also be sent in this manner to the current occupants of said property. The notice boundary may be increased at the discretion of the Development Services Director; or C. In certain instances where mailed notice of hearing is deemed to be impractical, notice may be effected by posting upon the subject property, and within the area of the subject property, a notice bearing the same information as contained in the notice to be mailed. Said notice shall be mailed or posted at least 10 business days prior to the date set for the public hearing, and the Development Services Director or his authorized representative shall sign an affidavit of mailing to be held in the record. It is further provided that no defect or irregularity in the giving of such notice shall invalidate the public hearing if said interested parties receive actual notice by any other means and are aware of the matter to be considered at the public hearing. D. Notices shall be mailed to any individuals who have requested in writing to be provided public notices. A fee, in the amount as presently designated or as may be in the future amended in the master fee schedule, shall accompany each request. Page 333 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chapter 19.14 ADMINISTRATIVE PROCEDURES – PERMITS – APPLICATIONS – HEARINGS – APPEALS Sections: 19.14.050 Public hearing – Mandatory when – Consolidation of public hearings for multiple permit applications. 19.14.100 Conditional use permit – Appeals of the Zoning Administrator decision – Procedure generally. 19.14.110 Conditional use permit – Appeals of Planning Commission decision – Form – Contents – Effect of filing. 19.14.130 Conditional use permit – Appeals – City Council action – Resolution contents and transmittal. 19.14.180 Variance – Public hearing – Procedure – Notice required. 19.14.210 Variance – Zoning Administrator authority – Notice of action. 19.14.240 Variance – Appeals – Procedure generally – Effect of filing – Public hearing. 19.14.270 Procedures for enforcing conditional use permits and variances. 19.14.370 Planned unit development – Public hearing – Time – Notice required. 19.14.480 Site plan and architectural approval – Building Inspector authority – Appeals. 19.14.486 Landscape plan approval – Application – Accompanying documents – Fee. 19.14.490 Home occupations – Permit required when – Restrictions and requirements – Revocation when – Appeals. 19.14.573 Precise plan approval – Public hearings. 19.14.577 Precise plan approval – Modifications of the precise plan. 19.14.588 Design review – Appeal procedure. 19.14.050 Public hearing – Mandatory when – Consolidation of public hearings for multiple permit applications. A. The Zoning Administrator may, at her/his option, refer any of the matters on which she/he is authorized to rule and/or issue a permit to the Planning Commission for review. In addition, a project applicant may request that any such matter be referred directly to the Planning Commission for action. In such cases, a public hearing as provided herein shall be mandatory. B. An interested party who disagrees with the ruling of the Zoning Administrator may appeal such ruling to the Planning Commission. within 10 business days from the date on which the decision was made. Said appeal shall be in writing, accompanied by the required appeal fee(s), and filed with the City Clerk upon forms provided by the Development Services Department and shall specify therein Page 334 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda that the decision of the Zoning Administrator was in error and identify the facts and circumstances on which the claim of error is based, with supporting evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If an appeal is filed within the time limit specified, it shall automatically stay the proceedings in the matter until a determination is made by the Planning Commission. Upon the filing of the appeal, the City Clerk’s Office shall notify the Director of Development Services who will set the matter for public hearing, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The Zoning Administrator shall transmit to the Planning Commission a copy of its decision and findings, minutes of the hearing and all other evidence, maps, papers and exhibits upon which the Zoning Administrator made its decision. The hearing on said appeal shall be processed by the City Clerk in the same manner as a permit within the original jurisdiction of the Zoning Administrator. In such cases, a public hearing as provided herein shall be mandatory. Once a valid, written application for appeal has been filed with the City Clerk’s Office, the Development Services Department shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. C. When an applicant applies for more than one permit or other approval for a single development, the applications shall be consolidated for processing and shall be reviewed by a single decision maker or decision-making body. The consolidated application shall be heard by the decision maker or decision-making body associated with the highest level action among the applications to be considered. The findings required for approval of each permit shall be considered individually, consistent with CVMC 19.14.080, 19.14.190 and/or 19.14.582(E) as applicable. For projects subject to design review and that are consolidated to a higher decision-making level, one member of the Planning Commission with design expertise may advise the staff on the design aspects of the project prior to the public hearing. The recommendations will be included in the staff report to the highest level decision-making body. 19.14.100 Conditional use permit – Appeals of the Zoning Administrator decision – Procedure generally. The applicant or other interested persons may appeal the decision of the Zoning Administrator to the Planning CommissionCity Council within 10 business days from the date on which the decision was made. Said appeal shall be in writing, accompanied by the required appeal fee(s), and filed with the City Clerk’s Office upon forms provided by the Development Services Department and shall specify therein that the decision of the Zoning Administrator was in error and identify the facts and Page 335 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda circumstances on which the claim of error is based. , with supporting evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If an appeal is filed within the time limit specified, it shall automatically stay the proceedings in the matter until a determination is made by the Planning CommissionCity Council. Upon the filing of the appeal, the City Clerk’s OfficeZoning Administrator shall alert notify the Director of Development Services, or designee, who will set the matter for public hearing, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The Zoning Administrator shall transmit to the Planning CommissionCity Council a copy of its decision and findings, minutes of the hearing and all other evidence, maps, papers and exhibits upon which the Zoning Administrator made its decision. The hearing on said appeal shall be processed by the City Clerk in the same manner as a conditional use permit within the original jurisdiction of the Zoning Administrator. Upon the filing of the valid appeal, the City Clerk’s Office shall take no longer than 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 60 calendar days from the application’s filing date If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision on the appeal by the Planning CommissionCity Council shall be final. 19.14.110 Conditional use permit – Appeals of Planning Commission decision – Form – Contents – Effect of filing. The applicant or other interested person may appeal from the decision of the Planning Commission granting or denying any conditional use permit to the City Council within 10 business days from the date on which the decision was made. Said appeal shall be in writing, accompanied by the required appeal fee(s), and filed with the City Clerk’s Office upon forms provided by the Development Services Department and shall specify therein that the decision of the Planning Commission was in error and specifically identify all of the facts and circumstances on which the claim of error is based., supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. 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. Where an application is neither approved nor denied by the Planning Commission due to a failure to achieve a majority vote, the applicant shall have the right to a rehearing at the next Planning Commission meeting with an opportunity to appeal the decision of the rehearing to the City Council, or may appeal directly 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. Page 336 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 19.14.130 Conditional use permit – Appeals – City Council action – Resolution contents and transmittal. 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 Zoning Administrator or Planning Commission subject to the same limitations and requirements of findings as are placed upon the Zoning Administrator or Planning Commission by this chapter. The resolution must contain a finding of facts showing wherein the conditional use meets or fails to meet the requirements of CVMC 19.14.080. The decision by the City Council on the appeal is final. Not later than 10 business days following the adoption of said resolution, the City Clerk shall transmit a copy of the resolution and finding to the Director of Development Services, and shall mail a copy to the applicant. 19.14.180 Variance – Public hearing – Procedure – Notice required. Except for applications for limited relief as described in CVMC 19.14.030(B), a public hearing for a variance shall be held by the Zoning Administrator in the following manner: The Zoning Administrator shall publish a notice of hearing in a newspaper of general circulation in the City not less than 10 business days prior to the date of said hearing. In addition to the notice in the newspaper, notice of hearing may be made, at the option of the Zoning Administrator, by mail to owners of record of surrounding property within 500 feet of the property for which said variance is requested. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken. 19.14.240 Variance – Appeals – Procedure generally – Effect of filing – Public hearing. An interested party may appeal the decision of the Zoning Administrator to the Planning Commission, within 10 business days from the date on which said decision was made. Said appeal shall be written and filed with the City Clerk’s OfficeDevelopment Services Department on forms provided by the Development Servicessaid Department, and shall specify therein that the decision of the Zoning Administrator was in error and specifically identify all of the facts and circumstances on which claim of error is based (supported by evidence), and shall be accompanied by the required appeal fee(s). Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed with the City Clerk’s Office shall notify, the Director of Development Services who will Department shall take no longer Page 337 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda than 30 calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting, and in compliance with noticing requirements set forth herein in CVMC 19.12.070 and 19.12.080. The meeting date shall also be no more than 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Where an application for a variance is included in a consolidated hearing and is neither approved nor denied by the Planning Commission, due to failure to achieve a majority vote, the applicant shall have the right to a rehearing at the next Planning Commission meeting. All other proceedings pertaining to appeals shall continue to apply. 19.14.270 Procedures for enforcing conditional use permits and variances. A. The Director of Development Services shall investigate evidence presented to him or her to determine whether probable cause exists that any of the following has occurred or is substantially likely to occur regarding any variance or conditional use permit: 1. Fraud. That the variance or conditional use permit approval was obtained by fraud; 2. Non-Use. That the uses and privileges authorized by the variance or conditional use permit have not been initiated in the manner and within the 36 months specified in CVMC 19.14.260, and no extension of time has been granted; 3. Abandonment. That the property or any structure thereon subject to the variance or conditional use permit has been abandoned or the use authorized has ceased for a period exceeding 12 months; 4. Violation of Conditions. That the variance or conditional use permit is being or has been exercised contrary to the conditions of said permit, or in violation of any applicable licenses, permits, regulations or laws; 5. Violation of Use. That the variance or conditional use permit is being or has been exercised in a manner other than or in excess of the right granted; 6. Public Health, Safety and Welfare. That the use for which the variance or conditional use permit was obtained is being or has been exercised so as to be detrimental to the public health, safety, or general welfare or so as to constitute a public nuisance. Page 338 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda If the Director of Development Services has probable cause to believe that any of the foregoing has occurred or is substantially likely to occur, he/she shall issue a recommendation as to what action should be taken. The recommendation shall be submitted to the individual or body which issued the conditional use permit or variance (hereinafter referred to as “permitting authority”). B. The permitting authority shall hold a public hearing to consider the Director of Development Services recommendation regarding the conditional use permit or variance. C. Notice of any public hearing to consider violations of variances and conditional use permits shall be given consistent with the procedures set forth in CVMC 19.12.070. The notice shall contain the following information: 1. The date, time, and place of the public hearing; 2. The identity of the permitting authority; 3. A general explanation of the matter to be considered including the nature of the recommendation by the Director of Development Services, or designee; 4. A general description, either in text or by diagram, of the location of the property. D. Procedures for Public Hearing. The following procedures shall be followed for public hearings provided for in this section: 1. Recommendation and Reports. The Director of Development Services recommendation and any accompanying staff reports, if any, shall be made available to the public prior to commencement of the public hearing provided for herein. 2. Recordation. The public hearing may, at the written request of an interested party, be recorded by either a recording device or stenographer. 3. Testimony. Any witness offering evidence or testimony may be placed under oath and subject to cross-examination at the request of the permitting authority or any party interested in the matter which is the subject of the hearing. 4. Relevancy. Evidence or testimony must be relevant or material to the fact or facts at issue. Any relevant evidence may be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which would otherwise make improper the admission of such evidence in civil actions. All irrelevant and unduly repetitious evidence may be excluded. 5. Hearsay. Hearsay evidence shall be admissible, but the fact that evidence is hearsay may affect the weight given to the evidence in reaching any determination of any question of fact. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, Page 339 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda but may not be sufficient by itself to support a decision unless it would be admissible over objection in civil actions. 6. Privileges. The rules regarding privileges shall be effective to the extent they are raised and otherwise required by law to be recognized at the hearing. 7. Procedural Compliance. The hearing need not be conducted under rules relating to evidence. Failure of the permitting authority to strictly enforce rules of evidence and reject certain matters which may be irrelevant or immaterial shall not be sufficient to constitute reversible error on the part of the permitting authority if basic procedural due process is granted to all affected parties and a fair hearing has been conducted. Errors which do not affect substantial rights will be disregarded and no presumption of prejudicial error is raised by the failure to strictly adhere to procedural requirements. E. The permitting authority, after public hearing, shall make a finding or findings whether any or all of the factors articulated in subsection (A) of this section apply to a conditional use permit or variance. F. Based on its findings, the permitting authority may do any one or a combination of the following: 1. Maintain the existing variance or conditional use permit without modification; 2. Modify or delete any provision or condition of the variance or conditional use permit; 3. Establish any new condition or provision; 4. Revoke the variance or conditional use permit; 5. Establish any fine or charge which may be paid in lieu of revocation, modification, or imposition of a condition. G. Written Decision. The permitting authority must issue a written decision explaining the factual basis for its decision. Notice of the permitting authority’s written decision and action shall be mailed to the affected party and any interested party requesting such notice consistent with CVMC 19.12.070. Said notice shall be filed with the City Clerk. H. Right of Appeal. Within 10 business days after the notice of the written decision is filed, unless the date is waived by the appellate body upon a showing of good cause, any interested party who participated in the public hearing or the Director of Development Services may appeal the written decision to the appropriate appellate bodyCity Clerk’s Office as follows: 1. If the permitting authority is the Zoning Administrator, appeal shall be filed with theheard by the Planning Commission. The Planning Commission decision is finalCity Council; Page 340 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2. If the permitting authority is the Planning Commission, an appeal shall be filed withheard by the City Council; 3. If the permitting authority is the City Council, no further appeal is available the City Council’s decision is final. I. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. J. After an appeal is filed and accepted with the City Clerk’s Office, the appellate body shall hold a public hearing consistent with the provisions set forth in this section. The appellate body may, in its discretion, consider additional evidence not presented at the public hearing. K. The appellate body may reverse, uphold, or modify in any manner a written decision or take any action consistent with this section, after public hearing, upon a written appellate decision. Notice of the written appellate decision shall be mailed to the affected party and any interested party requesting such notice consistent with CVMC 19.12.070. Said notice shall be filed with the City Clerk. L. Appeal to City Council. If the appellate body is not the City Council, an appeal may be filed by any interested party who participated in the appeal or by the Director of Development Services who may request an appeal to the City Council within 10 business days after the notice of the written appellate decision is filed, unless waived by the City Council upon a showing of good cause. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. ML. Any written decision regarding an appeal shall be final on the eleventh day after its filing, unless an appeal is timely filed, if such an appeal is available to an issuing body, or a waiver is obtained. All written decisions issued by the City Councilappellate body shall become final when notice of such written decision is filed. NM. After the written decision becomes final, it shall be filed with the Director of Development Services and a copy may be filed with the county recorder of San Diego County. Uses and structures must be brought into compliance with the final decision or otherwise brought into compliance with the underlying zone. Where a variance or conditional use permit is revoked, it shall become void. 19.14.370 Planned unit development – Public hearing – Time – Notice required. A public hearing shall be held by the Planning Commission and City Council as provided herein: Page 341 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda A. Such hearing before the City Council shall be set for public hearing by the City Clerk within 230 calendar days. The meeting date shall also be no more than 60 calendar days after the Planning Commission’s action; B. The secretary of the Commission and City Clerk shall publish notice of hearings in a newspaper of general circulation in the City not less than 10 business days prior to the date of said hearings. Failure of owners to receive notice of hearings shall in no way affect the validity of action taken. 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 sentfiled in writing by an interested party to the City Clerk’s OfficeDevelopment Services Department for a hearing before the Planning Commission. In the absence of such request being filed within 10 business days after determination by the Zoning Administrator, the determination shall be final. B. A written appeal shall be filed by the applicant or an interested party with the City Clerk’s OfficeDevelopment Services Department on a form required by the Development Services Department Director, and to be accompanied by the nonrefundable required fee therefor. The appeal shall include a statement of the specific reasons and evidence supporting the appeal, including a demonstration that any issues being raised were raised before the Zoning Administrator. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s OfficeDevelopment Services Department shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. C. Upon the hearing of an appeal, the Planning Commission 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 Planning Commission shall be filed with the Development Page 342 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Services DepartmentDirector, and mailed to the applicant. The decision of the Planning Commission shall be final. 19.14.486 Landscape plan approval – Application – Accompanying documents – Fee. A. Applications for landscape plan approval shall be made to the Zoning Administrator, and shall be accompanied by the drawings and information prescribed by the landscape manual, or other landscape regulations. Each application shall also be accompanied by the required filing fee(s). B. Appeal. The Zoning Administrator shall approve, conditionally approve or deny landscape plans. An interested party may appeal a denial or conditions imposed upon approval by filing a written appeal to the City Clerk’s OfficeDevelopment Services Department, 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 Services Department, accompanied by the required fee(s), and shall specify thwherein the action(s) of the Zoning Administrator is inconsistent with the landscape manual and/or other applicable ordinances, manuals or policies of the City, with supporting evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s OfficeDevelopment Services Department shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The Planning Commission may grant, conditionally grant, or deny the appeal. The decision of the Planning Commission shall be final, and shall be based upon the landscape manual, and/or other applicable ordinances, manuals, or policies of the City. 19.14.490 Home occupations – Permit required when – Restrictions and requirements – Revocation when – Appeals. In any R zone, a customary home occupation may be permitted subject to a home occupation permit granted by the Development Services Director which is merely incidental and secondary to residence use. Each such permit shall be accompanied by the required filing fee(s). The following are typical home occupations: fine arts, handicrafts, dressmaking, millinery, laundering, preserving, Page 343 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda home cooking, route salesman; or office of a doctor, dentist, lawyer, architect, engineer, teacher or member of another recognized profession. The home occupation shall not: A. Involve the use of power equipment using motors of more than a total of one horsepower capacity or the equivalent thereof, unless a use permit therefor shall have been issued by the Planning Commission; B. Generate vehicular traffic in excess of that associated with a residential use; C. Create a nuisance by reason of noise, dust, odor, vibration, fumes, smoke, electrical interference, or other causes; 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 upon violation of any requirement of this chapter, or of any condition 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, an interested party may then appeal the determination within 10 business days to the Planning Commission by filing a written statement on forms provided by the Development Services Department with the City Clerk’s OfficeDevelopment Services Department, and accompanied by the required appeal fee(s), , stating with specificity all of the reasons for appeal, and supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s OfficeDevelopment Services Department shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. 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. Page 344 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 19.14.573 Precise plan approval – Public hearings. A public hearing shall be held by the Planning Commission and City Council as provided herein: A. The hearing before the City Council shall be set by the City Clerk within 30 days after Planning Commission action. B. The secretary of the Planning Commission and City Clerk shall publish notice of hearings in a newspaper of general circulation in the City not less than 10 business days prior to the date of said hearings. Failure of owners to receive notice of hearings shall in no way affect the validity of action taken. Any requested exceptions to the requirements of the underlying zone shall be specified in the public hearing notice. 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 designee, the proposed changes are significant in scope, the applicant will be notified within 10 business days of the written request that a new application and hearing will be required. 19.14.588 Design review – Appeal procedure. A. An interested party may file an appeal from the decision of the Zoning Administrator to the Planning Commission within 10 business days after the decision is made. The appeal shall be in writing and filed with the City Clerk’s Office Development Services Department on forms prescribed provided by the Development Services Department for the appeal, and accompanied by the required appeal fee(s), and shall specify therein all of the arguments against the decision of the Planning Commission, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s OfficeDevelopment Services Department shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days Page 345 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. 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 10 business days after the decision is made. The appeal shall be in writing and filed with the City Clerk’s Office 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 with the City Clerk’s Office, the City Clerk Development Services Department shall take no longer than 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 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. Chapter 19.52 T – TIDELANDS ZONE Sections: 19.52.040 Procedures following Planning Commission decision – Appeals. 19.52.040 Procedures following Planning Commission decision – Appeals. A. After decision by the Planning Commission, copies thereof shall be mailed to the applicant and to any party filing a written notice therefor with the secretary of the Commission or the Director of Development ServicesPlanning and Building, and the application and any supporting documents, Page 346 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda together with the written decision of the Planning Commission, shall be forwarded to the City Clerk’s Office. , who Once a valid application for appeal has been filed with the City Clerk’s Office, the City Clerk Development Services Department shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter.has thirty (30) calendar days to generally set the public hearing date upon the agenda of a regular meeting of the City Council. Additionally, that date shall occur within sixty (60) calendar days of receiving the valid application.shall cause same to be placed upon the agenda of a regular meeting of the City Council within 15 days after receipt thereof. B. If the applicant or any other interested party is dissatisfied with the decision of the Planning Commission, such person may file a notice of appeal within 10 business days from the date such notification of the Planning Commission’s decision was mailed to the applicant. Such notice of appeal shall be filed on forms provided by the Development Services Department with the City Clerk and accompanied by the required appeal fee(s). Such appeal shall be in writing and shall specifically state all bases for whywherein the appellant contendsfeels the Planning Commission’s decision was in error, and his reasons therefor, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Chapter 19.58 USES Sections: 19.58.430 Liquor stores in the C-N zone. 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 Page 347 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 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 decision of the Zoning Administrator may be appealed. Such appeal shall be directed to the Planning Commission and must be filed in writing on forms provided by the Development Services Department with the City Clerk’s OfficeDevelopment Services Department within 10 business days after the decision is made, as provided in CVMC 19.14.100, and accompanied by the required appeal fee(s). Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City.. If a valid appeal application is received within the time limit, the City Clerk’s OfficeDevelopment Services Department shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. 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. Chapter 19.60 SIGNS Sections: 19.60.810 Processing of applications. 19.60.810 Processing of applications. A. Time. Unless otherwise stated, all time periods in this section are calendar days. 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 Page 348 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 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 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”). C. Disqualification. No sign application will be approved if: 1. The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or included in the application; 2. There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) which has not been cured at the time of the application; 3. The sign approval application is substantially the same as an application previously denied, unless: (a) 12 months have elapsed since the date of the last application, or (b) new evidence or proof of changed conditions is furnished in the new application; or 4. The applicant has not obtained any applicable required use permit or conditional use permit. D. Method of Review. The method of review is standard compliance review. The Zoning Administrator, or the 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. E. Certain Signs Calling for Design Review. Decisions under this standard shall be guided by the following principles and shall not be based on the graphic design of the copy or message displayed on the signs: 1. Fluorescent paints shall be avoided; 2. Sign copy should not extend beyond the edges of the background area on which it is applied; 3. The copy area of signs, including logos, emblems, crests and pictorial representations, should not exceed 50 percent of the background area on which it is applied; 4. The height of a pole sign should not be less than twice its width; Page 349 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 5. The height of the bottom of the signboard of a pole sign should be less than three times but more than twice the width of the signboard; 6. The two sides of a rectangular pole sign should have a ratio of three to five; 7. The base of each freestanding sign shall be landscaped in accordance with the landscaping manual of Chula Vista, 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 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. The Zoning Administrator shall render a decision on a sign permit within 30 days of the date of application. G. Appeals. All sign permit applications shall be initially reviewed by the Zoning Administrator. An interested party may appeal any sign related decision to the Planning Commission. A written notice of appeal on forms provided by the Development Services Department, and accompanied by the required appeal fee(s), must be filed with the City Clerk’s OfficeDevelopment Services Department within 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 renderedmade. Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s OfficeDevelopment Services Department shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. The appellate body must conduct a hearing and consider evidence, and render a written decision. The hearing must follow normal procedures for agendizing and giving public notice. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. 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. Page 350 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda H. Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure Section 1094.8. 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’s 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. K. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the City upon written notice to the holder of the reason for the revocation. Chapter 19.66 PERFORMANCE STANDARDS Sections: 19.66.220 Appeals of determinations. 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 10 business days following said action. In the absence of such appeal, the Zoning Administrator’s determination shall be final. Any such appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If a valid application for appeal on forms provided by the Development Services Department has been filed with the City Clerk’s Office and accompanied by the required appeal fee(s), the City Clerk’s Office shall notify the Director of Development Services Development Services Department who shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. Page 351 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chapter 19.83 BAYFRONT SPECIFIC PLAN – COASTAL DEVELOPMENT PERMIT PROCEDURES Sections: 19.83.009 Public hearing on appealable developments. 19.83.009 Public hearing on appealable developments. At least one public hearing shall be held on application for an appealable development, thereby affording any persons the opportunity to appear at the hearing and inform the City of the nature of his or her concerns regarding the project. Such hearing shall occur no earlier than 10 businesscalendar days following the mailing of the notice required in CVMC 19.83.008 and shall normally be conducted by the Development Services Director or his/her designee. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons, including the applicant, an opportunity to appear and present their viewpoints, either orally or in writing. The hearing officer’s decision may be appealed to the City Council within 10 business days following the hearing officer’s decision. Said appeal shall be processed by the City Council in the same manner as a public hearing on appealable development described in this section. Chapter 19.89 WIRELESS TELECOMMUNICATIONS FACILITIES Sections: 19.89.080 Abandonment. 19.89.080 Abandonment. A. Prompt Removal. Notwithstanding provisions to the contrary found elsewhere in this title, a wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunication services for 180 or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. Page 352 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 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 on forms provided by the Development Services Department to the City Clerk’s Office, and accompanied by the required appeal fee(s), Development Services Department the determination of abandonment within 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, and supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed with the City Clerk’s Office, the City Clerk’s OfficeDevelopment Services Department shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The 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. C. Nuisance. Any wireless telecommunications facility determined to be abandoned and not removed within 30 calendar days from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the Planning Commission following its final determination of abandonment, shall be in violation of this chapter, and the operator of such facility shall be subject to the penalties prescribed in this title and CVMC Title 1. Facilities determined to be abandoned and not removed within the time limits prescribed herein, are deemed to be a nuisance, and notwithstanding the procedure described in subsection (B) of this section, may be abated as a nuisance in any manner provided by law. Page 353 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Chapter 21.12 NOTICE, FEES AND APPEALS Sections: 21.12.030 Appeals. 21.12.030 Appeals. An interested party may appeal in writing the decision of the Zoning Administrator to the City Clerk’s OfficeDevelopment Services Department within 10 business days after the date of the decision. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application has been received, the City Clerk’s Office shall notify the Director of Development Services Development Services Department who shall take no longer than 30 calendar days to set the matter for public hearing and placed on an agenda for a regularly scheduled Planning CommissionHPC meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. The appeal 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 The decision of the Planning Commission, and the decision shall be considered final. Page 354 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda APPEALS All appeals from actions of the Zoning Administrator, Design Review Board, Planning Commission or Chula Vista Redevelopment Corporation for consideration by the City Council pursuant to CVMC §19.14. Filing fee (Appellant)………………………………..$500250 Processing fee (Applicant) ........... Full cost recovery Initial deposit ................................................ $5,000 COASTAL DEVELOPMENT PERMITS Administrative ............................. Full cost recovery Initial deposit ................................................ $5,000 De Minimum Waiver ................... Full cost recovery Initial deposit ................................................ $3,000 Public hearing .............................. Full cost recovery Initial deposit .............................................. $11,000 Optional pre-application review services are available on a full cost recovery basis (per conference). The applicable hourly rates by work group are listed below. Development Planning staff, per hour ............ $208 Long Range Planning staff, per hour ............... $235 Land Development staff, per hour .................. $176 Building staff, per hour .................................... $188 Fire Prevention staff, per hour ........................ $162 Landscape Architecture staff, per hour ........... $162 Pre-submittal/ Completeness Review (Required) ....................................... $750 ANNEXATION Annexation .................................. Full cost recovery Initial deposit, each organizational change ≤ 20 acres ..................................................... $4,000 21 – 100 acres .............................................. $6,000 > 100 acres ................................................. $10,000 CUP, administrative ...................................... $3,000 CUP, public hearing ..................... Full cost recovery Initial deposit .............................................. $10,000 Variance, administrative ............................... $2,200 Variance, public hearing .............. Full cost recovery Initial deposit ................................................ $9,000 Permit extension, nonrefundable.................... $300 Permit Modification/ Amendment Administrative .............................................. $2,400 Public hearing .............................. Full cost recovery Initial deposit ................................................ $5,000 DESIGN REVIEW Administrative ............................. Full cost recovery Initial deposit .............................................. $10,000 Public hearing .............................. Full cost recovery Initial deposit .............................................. $20,000 City of Chula Vista www.chulavistaca.gov 619.691.5101 FEE BULLETIN 14-100 July 2018 CONDITIONAL USE PERMITS (CUPs) & VARIANCES MASTER FEE SCHEDULE Chapter 14 – Planning Fees General Planning Fees City of Chula Vista Development Services 276 Fourth Avenue, Chula Vista, CA 91910 PRE-APPLICATION/ PRE-SUBMITTAL REVIEW Page 355 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Policy, General Plan, and Municipal Code Updates 1 City Council Item 6.2 January 23, 2024 Page 356 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Item Background •Policy clean-up related to prior sunsetting of the Growth Management Oversight Commission (GMOC) •Updates to Public Facilities Financing Plan (PFFP) Guidelines •Procedural inconsistencies within the Municipal Code associated with the appeal process of development projects Page 357 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Growth Management Oversight Commission o Less vacant land available as most of the eastern portion of the City has future planned uses established in adopted Sectional Planning Areas (SPAs); western portion –infill development o Conflicts with state laws •November 8, 2022 –Growth Management Oversight Commission sunset with a Citywide Comprehensive update on Boards and Commissions Page 358 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda General Plan Revisions •Removal of GMOC-related references in several General Plan elements •Remove requirements for projects to conform with growth management thresholds, and annual reporting •Helps streamline new development so as not to conflict with state law Page 359 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Municipal Code Chapter 19.92 Revisions •Requires two report types: o Air Quality Improvement Plans o Water Conservation Plans •Both reports are duplicative to a project’s consistency analysis with the California Environmental Quality Act (“CEQA”) Page 360 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda PFFP Guideline Revisions •Clarifications to submittal and preparation requirements contained in the Guidelines •Streamlines submittal and content requirements: •How/when infrastructure improvements are funded •How amendments to adopted plans are initiated Page 361 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda DSD Project Appeals •March 7, 2023 –Council approved an update to the Municipal Code that streamlined and clarified permit processes, including: o Thirty (30) calendar days to set hearing date, and within sixty (60) calendar days of application submittal o One (1) appeal is allowed Page 362 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Revisions to Appeals Process •Municipal Code requires some appeals go through DSD, others go through the City Clerk’s office o All appeals to go through City Clerk’s Office o Appeal application fee from $250 to $500 Page 363 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda San Diego Jurisdiction Appeal Fees Jurisdiction Appeal Fee San Marcos (citizen)20.00$ Imperial Beach 100.00$ La Mesa 100.00$ Chula Vista 250.00$ El Cajon (no hearing)350.00$ Santee (administrative)416.97$ Encinitas 431.00$ Coronado 651.00$ Vista 665.21$ Santee (w/ Engineering cond.)694.96$ Poway 765.00$ Carlsbad 900.00$ National City 1,000.00$ San Diego (City)1,000.00$ San Diego (County)1,000.00$ El Cajon (public hearing)1,050.00$ San Marcos (non-citizen)1,155.00$ Escondido 1,500.00$ Del Mar 1,590.00$ Solana Beach (citizen)1,761.00$ Oceanside 1,838.00$ Solana Beach (non-citizen)4,404.00$ Lemon Grove -$ Page 364 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Municipal Code: Levels of Approval •No consistency in levels of approval in the Municipal Code for appeals: o CVMC Section 19.14.050(B): Appeals of Zoning Administrator CUP decisions go to Planning Commission o CVMC Section 19.14.100: Appeals of Zoning Administrator CUP decisions go to City Council Page 365 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Revisions to Approval Levels and Appeals •Zoning Administrator decisions are appealable to Planning Commission •Planning Commission decisions are appealable to City Council •The second decision shall be final decision for the project Page 366 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Stakeholder Engagement Development Oversight Committee •Convened on September 27, 2023; approved of changes Planning Commission •December 13, 2023: Voted 7 -0-0 to approve changes Page 367 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda RECOMMENDATION Adopt: 1) a Resolution amending the City’s General Plan, the General Plan Implementation Plan, and the City’s Master Fee Schedule; and 2) an Ordinance amending the PFFP Guidelines and certain Municipal Code Titles. Page 368 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda v . 0 03 P a g e | 1 January 23, 2024 ITEM TITLE Summary Easement Vacation: Vacation of an Existing Easement for Street Purposes for the Design of a Cul- de-Sac and Acceptance of Grant of a New Public Access Easement at 517 Shinohara Lane Allowing for a Hammerhead Design for Emergency Vehicle Turnaround Report Number: 24-0002 Location: 517 Shinohara Lane Department: Development Services Environmental Notice: The Project was adequately covered in the previously certified Final Recirculated Mitigated Negative Declaration (IS21-0006; SCH #2022080431) for the Shinohara Business Center. Recommended Action Conduct a public hearing and adopt a resolution (1) approving the summary vacation of an easement for street purposes for the design of a cul-de-sac and (2) accepting the grant of a new public access easement for a hammerhead design (consistent with City fire safety regulations and standards) at 517 Shinohara Lane. SUMMARY This action will summarily vacate the existing Easement for Street Purposes per Document No. 1992 - 0228267, Recorded April 20, 1992, and accept the grant of a new public access easement per a separate easement document from the developer. The existing easement for street purposes was intended for a cul- de-sac design while the new public access easement will be a hammerhead design for emergency vehicle turnaround. In accordance with Streets and Highways Code Division 9, Part 3, Chapter 4, Sections 8333, 8334, and 8335, this type of vacation may be performed summarily through adoption of a Resolution. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with CEQA and has determined that the project was adequately covered in the previously certified Final Recirculated Mitigated Negative Declaration (IS21-0006; SCH #2022080431) for the Shinohara Business Center. Thus, no further environmental review is required. Page 369 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION VWP-OP Shinohara Owner, LLC (“Owner”) submitted an easement vacation request to revise the design of the existing easement at the entrance of the project site from a cul-de-sac shape to a hammerhead design for emergency vehicle turnaround to address site constraints for the proposed industrial development located at 517 Shinohara Lane. The existing easement for street purposes was intended to be a cul-de-sac design. Vacating the cul-de-sac easement will allow for an improved entrance design to the site which will be served by a new public access easement with hammerhead turn around design, granted by a separate document. With the proposed action, the City will vacate the existing easement for street purposes in accordance with California Streets and Highways Code Division 9, Part 3, Chapter 4, Sections 8333, 8334, and 8335. This type of summary vacation may be performed by the local agency if the easement is not needed for street or highway purposes, and there are no public facilities located within the easement area, through adoption of a resolution by the City Council and recordation of a certified copy of the resolution attested to by the City Clerk. The area to be summarily vacated is shown and described in Attachment 1 to this staff report. Also as part of the proposed action, the City will accept a new easement from the Owner for the ultimate road design of a hammerhead at 517 Shinohara Lane consistent with City fire safety regulations and standards. The new easement document is included as Attachment 2 to this staff report. Staff confirms that the existing easement is not needed for street or highway purposes, and there are no public facilities located within the easement area, and requests that you (1) approve the request for a summary easement vacation and (2) accept the grant of a new public access easement for the ultimate road design of a hammerhead at 517 Shinohara Lane consistent with City fire safety regulations and standards. 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 is no current year fiscal impact to the General Fund or Development Services Fund as a result of this action. All costs to process this request are borne by the Owner. Page 370 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 3 ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action. All costs to process this request are borne by the Owner. ATTACHMENTS 1. Street Vacation Legal Description & Plat 2. New Public Access Easement to be accepted by the City Staff Contact: Jonathan Hardin, Associate Engineer, Development Services Laura C. Black, AICP, Director of Development Services Page 371 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ORDERING THE VACATION OF AN EASEMENT FOR STREET PURPOSES OF A PORTION OF LOT 1 IN SECTION 19, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING T O OFFICIAL PLAT THEREOF, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA (A PORTION OF SHINOHARA LANE), AND (2) ACCEPTING THE GRANT OF A NEW STREET EASEMENT FOR EMERGENCY VEHICLE TURNAROUND PURPOSES. WHEREAS, an Easement for Street Purposes was granted to and acknowledged by the City of Chula Vista for a portion of 517 Shinohara Lane, filed in the Office of the County Recorder of San Diego County on April 20, 1992; and WHEREAS, with the proposed easement vacation, a new public access easement will be granted by separate document with a hammerhead design at 517 Shinohara Lane for emergency vehicle turnaround; and WHEREAS, said portion of Shinohara Lane to be vacated is not and will no longer be needed for a public street; and WHEREAS, in accordance with Division 9, Part 3, Chapter 4, Sections 8833 through 8335 of the California Streets and Highways Code (SHC), this type of summary vacation of a street or highway easement may be performed through adoption of a resolution of vacation by the City Council and recordation of a certified copy of the resolution attested to by the City Clerk. WHEREAS, in accordance with Chula Vista Municipal Code (CVMC) section 12.40.010, City staff has conducted an investigation and determined that the public interest would be served by vacating this portion of Shinohara Lane to allow for construction of an improved entrance design for the Shinohara Business Center, and because the subject segment of Shinohara Lane is unnecessary for present or future public use as a street; and WHEREAS, per CVMC section 12.40.010, City staff published notice of the public hearing, scheduled for January 23, 2024, at 5:00 p.m. in the City Council Chambers, to consider the proposed street vacation; and WHEREAS, in the interests of the City and consistent with conditions of approval for the Shinohara Business Center, also as part of the proposed action the property owner has presented the City with a new easement for the ultimate road design of a hammerhead at 517 Shinohara Lane consistent with City fire safety regulations and standards; and Page 372 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda WHEREAS, staff recommends approving the street vacation for the portion of Shinohara Lane and accepting the grant of an easement for a new street segment to allow a hammerhead design for emergency vehicle turnaround; and WHEREAS, the City Council reviewed and considered the Staff Report and related materials on this matter; and WHEREAS, per CVMC section 12.40.010, the City Council duly held a public hearing, on January 23, 2024, at 5:00 p.m. in the City Council Chambers, to consider the proposed street vacation and acceptance of the grant of the new easement, and to hear the evidence offered. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that: 1. After conducting the public hearing and considering the evidence, the City Council finds that certain portion of Shinohara Lane specifically described and shown in Exhibit “A” attached hereto and by reference made a part hereof, is unnecessary for present o r prospective public street purposes. 2. That from and after recordation of this Resolution, that certain portion of Shinohara Lane described herein is summarily vacated. 3. The City Clerk is directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof, in the Office of the County Recorder in which the property is located. 4. Upon recordation of this Resolution, the vacation shall be complete. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista directs the City Manager or designee to accept the new easement for a portion of Shinohara Lane as discussed herein and as included as Attachment 2 to the Staff Report on this matter. Presented by: Approved as to form by: Laura C. Black. AICP Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney Page 373 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda EXHIBIT "A" PUBLIC STREET VACATION LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 1 IN SECTION 19, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: ALL OF THE LAND DESCRIBED AS AN EASEMENT FOR STREET PURPOSES IN THE DEED RECORDED APRIL 20, 1992, DOCUMENT NUMBER 1992-0228267, OFFICIAL RECORDS OF SAN DIEGO COUNTY. OSP' FANO l/- ZD -Z3p CASEY R. I.YriCff, PLS 8380 DATE p CASEY R. LYNCH o' No. 8380 O 0-'EXP. 12/,31/2,3/) -D 11 -D4 \\ Page 374 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda EXHIBIT B" I rY O z ROS 8747 POR. SEC. 19 T1 8S R1 W SBM ROS 8526 LEGEND PROPERTY LINE RIGHT OF WAY LOT LINE Plat of Survey: VACATION OF PUBLIC RIGHT OF WAY SHINOHARA LANE PARCEL 1 PM 14521 SHINOHARA LANE MIDE PUBLIC RIGHT OF WAY) DEDICATED PER DOC. NO. 86-459557 REC. 10-13-1986 PARCEL 2 PM 14521 30 15 0 30 SCALE: 1"=30' RANCHO LAND COMPANY 40616TH STREET, SUITE 102 RAMONA CA, 92065 (760)788-1530 CASE o P L ANS S zz_ OD CASEY R. LYNCH D' No. 8380 O XP. 12/31/23 Page 375 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Instrument Benefits City Only. No Fee Required. This Space for Recorder's Use Only APN(s): 644-040-01 C.V. File No. GR220020 EASEMENT FOR PUBLIC ACCESS PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VWP-OP SHINOHARA OWNER, LLC hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation in the County of San Diego, State of California, an easement and right-of-way for, and the right to construct, replace, remove, or modify a public access way in, upon, over, and across that certain real property situated in said City of Chula Vista and more particularly described as follows: SEE ATTACHED: EXHIBIT A FOR LEGAL DESCRIPTION EXHIBIT B FOR PLAT Together with the right to enter upon and to pass and repass over and along said easement and right-of-way and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents and employees engaged by said City, whenever and wherever necessary for the purposes set forth above. Reserving however to the owner of the fee underlying this easement herein granted, the continued use of the surface of said real property, subject to the condition that the erecting of buildings, masonry walls, masonry fences, and other structures, the planting or growing of trees or shrubs, the changing of the surface grade, or the installation of privately -owned pipelines shall be prohibited unless written permission is first obtained from the City of Chula Vista. Signed this day of 520 ; Lk By: VWP OP SHINOHARA OWNER, LLC 2390 E Camelback Rd, #305 Phoenix, AZ 85016 By: Steven Schwarz, Member Page 376 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Acknowledgement State of Arizona County of Maricopa On this 1611 day of January, 2024, before me personally appeared Steven R. Schwarz, whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. Erin Yazzie Notary Public ERIN YAllIE Notary Public - Arizona MY Maricopa County Commission M 636695 Comm. Expires Oct 14, 2026 Page 377 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Notary Acknowledgment Required for Each Signature) This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly authorized officer. KERRY K. BIGELOW, CITY CLERK RON Date: Modified 01/09/2024 J. IEngineerlLANDDEVIO-Standard WorklEasenientlhiblic Access Easement _draft.doc Page 378 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda EXHIBIT "A" PUBLIC ACCESS EASEMENT LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 1 IN SECTION 19, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THAT CERTAIN DEED RECORDED JANUARY 8, 1889 AS BOOK 142, PAGE 250 OF DEEDS, OFFICIAL RECORDS OF SAN DIEGO COUNTY, AS SHOWN ON RECORD OF SURVEY 8747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 18, 1981, SAID NORTHWEST CORNER BEING MONUMENTED BY A 3/4" IRON PIPE, WITH A DISC STAMPED R.C.E. 19073; THENCE SOUTHERLY ALONG THE EAST LINE OF AFORESAID DEED AS SHOWN ON THE AFORESAID RECORD OF SURVEY 8747, SOUTH 1"06'38 WEST (NORTH 1°06'26 EAST RECORD), 805.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE RETRACING SAID LINE, NORTH 1-06'38" EAST, 50.10 FEET, THENCE LEAVING SAID EAST LINE OF AFORESAID DEED, AS SHOWN ON THE AFORESAID RECORD OF SURVEY, NORTH 88°53'21" WEST, 4.00 FEET, THENCE NORTH 1°06'38" EAST, 117.00' FEET, THENCE NORTH 88°53'22" WEST, 43.50 FEET; THENCE SOUTH 1°06'38" EAST, 84.93 FEET TO THE BEGINNING OF A NON -TANGENT 50.50 -FOOT RADIUS CURVE, THE CENTER OF WHICH BEARS NORTH 88053'23" WEST; THENCE SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 41'14'32", AN ARC DISTANCE OF 36.35 FEET; THENCE SOUTH 1°04'28" WEST, 49.59 FEET TO THE SOUTHERLY LINE OF AFORESAID DEED, AS SHOWN ON THE AFORESAID RECORD OF SURVEY; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF AFORESAID DEED, AS SHOWN ON THE AFORESAID RECORD OF SURVEY, AND THE EASTERLY PROLONGATION OF SAID SOUTHERLY LINE OF AFORESAID DEED, SOUTH 89°34'10" EAST, 60.00 FEET TO THE EASTERLY LINE OF SAID DEED, AS SHOWN ON THE AFORESAID RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING ±8,233.44 SQUARE FEET, OR ±0.189 ACRES, MORE OR LESS. LA S p.-Lp-z*$ CASEY R. LY , PLS 8380 DATE CASEY R. LYNCH Q No. 8380 O C- EXP. 12/31/23 qL ! FOR Page 379 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda EXHIBIT B" m In hU) d 00 001 -- co 0 -icorn 0- o' 0 w I• RAD1 BASIS OF BEARINGS THE BEARINGS SHOWN HEREON 9p ARE BASED THE CITY OF CHULA' VISTA SURVEY CONTROL NETWORK, GPS STATIONS 1355 AND 5029 ACCORDING TO / RECORD OF SURVEY 14841 FILED (i IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO APRIL 6, 1995. nA 4 BEARING TAKEN AS: N89'34'10"W 514.65' NORTH 57'37'24" EAST (N89'33'44"W 514.89' ROS 8747) ROS 8526 MAP LEGEND PROPERTY LINE RIGHT OF WAY LOT LINE INDICATE EASEMENT AREA= 8,233.44 SF 0.189 ACRES) Plat of Survey: h 00 o L6Qf 0 00 o LJ Lo 00 00 00 0w o z 0 z 2 SHINOHARA LANE A 50' WIDE PUBLIC RIGHT OF WAY) DEDICATED PER J DOC. NO. 86-459557 REC. 10-13-1986 0 z L J PARCEL 1 PM 14521 PARCEL 2 PM 14521 40 20 0 40 MONUMENT LEGEND SCALE: 1"=40' O FOUND 3/4" IRON PIPE, OPEN, NO DISC, ACCEPTED PER RECORD OF SURVEY 8747. FOUND 3/4„ IRON PIPE, DISC STAMPED R.C.E. 19073 ACCEPTED PER RECORD OF SURVEY 8747. LA S C-3 0 CASEY R. LYNCH o' No. 8380 O PUBLIC ACCESS EASEMENT D- \EXP. 12/31/2,3// --0 R 1 R EN Le -Z RANCHO LAND COMPANY 40616TH STREET, SUITE 102 RAMONA CA, 92065 (760)788-1530 CAS R. LYNCH LS 8,380 DA TE LINE DATA TABLE NO. BEARING LENGTH L1 N01'06'38"E 50.10' L2 N88'53'21 "W 4.00' L3 N01'06'38"E 117.00' L4 N88'53'22"W 43.50' L5 N01'06'38"E 84.93' L6 N01'04'28"E 49.59' L7 N89'34'1 0"W 60.00' R—AD 1 N88'53'23"W 50.50' RAD2 N47'38'51 "W 50.50' CURVE DATA TABLE NO. DELTA RADIUS LENGTH C1 A=41'14'32 50.50' 36.35' m In hU) d 00 001 -- co 0 -icorn 0- o' 0 w I• RAD1 BASIS OF BEARINGS THE BEARINGS SHOWN HEREON 9p ARE BASED THE CITY OF CHULA' VISTA SURVEY CONTROL NETWORK, GPS STATIONS 1355 AND 5029 ACCORDING TO / RECORD OF SURVEY 14841 FILED (i IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO APRIL 6, 1995. nA 4 BEARING TAKEN AS: N89'34'10"W 514.65' NORTH 57'37'24" EAST (N89'33'44"W 514.89' ROS 8747) ROS 8526 MAP LEGEND PROPERTY LINE RIGHT OF WAY LOT LINE INDICATE EASEMENT AREA= 8,233.44 SF 0.189 ACRES) Plat of Survey: h 00 o L6Qf 0 00 o LJ Lo 00 00 00 0w o z 0 z 2 SHINOHARA LANE A 50' WIDE PUBLIC RIGHT OF WAY) DEDICATED PER J DOC. NO. 86-459557 REC. 10-13-1986 0 z L J PARCEL 1 PM 14521 PARCEL 2 PM 14521 40 20 0 40 MONUMENT LEGEND SCALE: 1"=40' O FOUND 3/4" IRON PIPE, OPEN, NO DISC, ACCEPTED PER RECORD OF SURVEY 8747. FOUND 3/4„ IRON PIPE, DISC STAMPED R.C.E. 19073 ACCEPTED PER RECORD OF SURVEY 8747. LA S C-3 0 CASEY R. LYNCH o' No. 8380 O PUBLIC ACCESS EASEMENT D- \EXP. 12/31/2,3// --0 R 1 R EN Le -Z RANCHO LAND COMPANY 40616TH STREET, SUITE 102 RAMONA CA, 92065 (760)788-1530 CAS R. LYNCH LS 8,380 DA TE Page 380 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda City of Chula Vista City Clerk Kerry Bigelow 276 Fourth Ave Chula Vista CA 91910 Hearing Information: January 23, 2024 at 5:00pm Location: Council Chambers, City Hall, 276 Fourth Ave Chula Vista CA Project Planner PROPOSED ENCOMPASS HEALTH REHABILITATION HOSPITAL FOR POST TRAUMNINJURY PATIENTS VWP-OP Shinohara Owner, LLC 517 SHINOHARA LANE Case Number DR21-19-0032 With all respect, "I AM TOTALLY AGAINST THIS PROJECT". We have the right to empty spaces and clear air around our homes, and enjoy the peace of our community/environments around us to avoid lawsuit. 1. MY PROPERTY is 20-24 ft from the new project, it WILL DEVALUE AND IT WILL OBSTRUCT MY VIEW. 2. We are surrounded BY 7 LARGE COMMERCIAL BillLDINGS/WAREHOUSES, with CHEMICALS already. SHOPPING MALL HOSPITAL KAISER PERMANENTE 6-AUTO CAR DEALERS, AT&T OFFICE, AND MORE. Now a new In-N-Out Burger 3. The AQUATICA SEAWORLD'S WATERPARK is 2.7 mi. (causing too much traffic). 4. The AMPIDTHEATER is 2.6 mi. often cousin-congesting traffic and often traffic detour. 5. On pie hours, too much traffic. 6. 805 freeway -is 1.5 mi. NOISE (24/7). 7. 24/7 NOISE DAY & NIGHT. 8. CONSTANT SMELL and NOISE. 9. ODORS EMITTED FROM THE "OTAY LANDFILL" not mentioning we are very close to Tijuana Mexico, all the AIR pollution. 10. See the map you sent, it is too crowded, please look for another place. We have the right to empty spaces and clear air around our homes, and enjoy the peace of our community/environments around us to avoid lawsuit. Please take my significant impacts. Thank you for your time. Martha Romo. Chula Vista CA 91911 Page 381 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Summary Easement Vacation at 517 Shinohara Lane January 23, 2024 1 City Council Meeting Item 6.3 Page 382 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda PROJECT LOCATION Page 383 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda VACATION OF EASEMENT Page 384 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda GRANT OF EASEMENT PROPOSED EASEMENT Page 385 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda RECOMMENDATION (1)Approve the request for a summary easement vacation;and (2)Accept the granting of a new public access easement at 517 Shinohara Lane. Page 386 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 23, 2024 ITEM TITLE Agreement: Approve an Agreement with TeamCivX to Provide Public Education on Measure P and the Development of a Potential Similar Ballot Measure Report Number: 24-0042 Location: No specific geographic location. Department: City Manager G.C. § 84308: Yes. Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving an agreement with TeamCivX to provide public education on Measure P and the development of a potential similar ballot measure. SUMMARY In 2016 voters approved Measure P, a 10-year one-half cent general sales tax. Collection of this general sales tax began in March 2017 and is anticipated to raise $245 million for high priority infrastructure needs within the City during the collection period. As the 10-year term of Measure P is coming to an end, the City contracted with TeamCivX in September 2023 to gauge voters’ opinions regarding the quality of life and City services provided by the City of Chula Vista and the feasibility of renewing Measure P. Approval of the agreement with TeamCivX will allow the City to further educate the public through awareness and develop a potential similar ballot measure. Prior to the potential placement of a ballot measure on the November 2024 ballot, staff would return to council to seek direction. 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 Page 387 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 2 (c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION A summary of this presentation and council action will be provided to the Measure P Citizens' Oversight Committee at their next regularly scheduled meeting. DISCUSSION In 2016 voters approved Measure P, a 10-year one-half cent general sales tax. Collection of this general sales tax began in March 2017 and is anticipated to raise $245 million for high priority infrastructure needs within the City during the collection period. Prior to the City Council placing Measure P on the ballot in 2016, the City completed a public education and information gathering campaign regarding the state of the City’s infrastructure, which culminated in the development of the Measure P Infrastructure, Facilities and Equipment Expenditure Plan (the “Expenditure Plan”, Attachment 1). The Expenditure Plan continues to guide the use of Measure P funds today. A summary of the major accomplishments can be viewed in Measure P: Delivering on the Promise (Attachment 2). Citizens’ Oversight Commission With the approval of Measure P, the City Council created the Measure P Citizens’ Oversight Committee (“COC”). The COC was created to review and report on City’s compliance with the provisions of Measure P, particularly with respect to the City’s accounting and expenditure of Measure P revenues. The COC is composed of nine members, consisting of five at-large members, with at least one from each Council district, and four members selected from candidates nominated by designated nominating authorities. The COC meets quarterly. The COC reviews all planned Measure P fund expenditures for consistency with the Council approved Expenditure Plan and makes recommendations to the City Council regarding such expenditures. Measure P Improvements To date Measure P has generated $190.8 million of the $247.5 million in revenue anticipated over the life of the program. A summary of major infrastructure projects completed to date includes: 4,100+ sidewalk segments were serviced to alleviate trip hazards. 337 residential street segments rehabilitated and repaired. 175 public safety vehicles replaced. 150 storm drain locations repaired or replaced to prevent sinkholes. 13 City buildings and public facilities renovated. o Two fire stations relocated to improve response times. o Construction of new Loma Verde Community Center. o Reconstruction of basketball courts, bleachers, picnic benches, drinking fountains, expanded ADA access and new restrooms at Rohr Park. o ADA, roof and electrical upgrades to the Civic Center Library. 9 Energy efficient HVAC upgrades at City facilities 1 citywide water efficient irrigation system installed. Page 388 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 3 While great strides have been made to address the critical infrastructure needs of the City, there are significant areas and needs that have yet to be addressed. City staff is continually assessing the state of the City’s infrastructure and updating the Expenditure Plan to address the most critical needs. Sole Source TeamCivX was chosen based on their unique qualifications, including previous ballot measure consulting for the City. The team at TeamCivX, including surveyor True North, are the same individuals that completed research and education for the City’s efforts in 2016 for Measure P and 2018 for Measure A, providing unique historical perspective and continuity. Staff, with the approval of the Purchasing Agent, therefore recommends awarding the subject contract on a “single/sole source” basis under the authority of Chula Vista Municipal Code Section 2.56.110(H)(3) and 2.56.070(B)(4). Survey Results and Next Steps As the 10-year term of Measure P nears its end, the City contracted with TeamCivX in September 2023 to gauge voters’ opinions regarding the quality of life and City services provided by the City of Chula Vista and the feasibility of renewing Measure P. The survey showed seven-in-ten voters shared favorable opinions of both the quality of life in Chula Vista and are satisfied with the job the City of Chula Vista is doing to provide City services. The survey also identified community priorities and gathered information needed for communication and future outreach. Approval of the agreement with TeamCivX will allow the City to further educate the public through awareness building that would include: Non-advocacy communication Informational mailers/digital ads Internal and external audiences Feedback Refining potential proposals Evaluating community readiness This agreement (Attachment 3) will also provide the City with a proposed ballot resolution/ordinance similar to Measure P. Prior to the potential placement of a ballot measure on the November 2024 ballot, staff would return to the City Council to seek direction. If Council were to proceed with placement of an item on the November 2024 ballot, action would need to be taken no later than the August 9, 2024. 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 § 87110, 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. Page 389 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda P a g e | 4 CURRENT-YEAR FISCAL IMPACT Adoption of the resolution approves an agreement with TeamCivX for $37,500 with the potential of an additional $30,000 if an additional public survey is warranted, at the City’s sole discretion. There are sufficient anticipated budgetary savings to offset this cost in the General Fund in the current fiscal year. ONGOING FISCAL IMPACT Should City Council elect to proceed with a ballot measure, the fiscal year 2024-25 estimated fiscal impact totals $45,000. If the City determines, at its sole discretion, that an additional public survey is warranted, an additional impact of $30,000 is anticipated in fiscal year 2024-25. These funds will be incorporated into the fiscal year 2024-25 budget, as appropriate. ATTACHMENTS 1. Measure P – Infrastructure, Facilities and Equipment Expenditure Plan 2. Measure P – Delivering on the Promise (2023) 3. Two Party Agreement – TeamCivX Staff Contact: Courtney Chase, Deputy City Manager Page 390 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT TO PROVIDE PUBLIC EDUCATION AND POTENTIAL BALLOT MEASURE SERVICES BETWEEN THE CITY AND TEAMCIVX WHEREAS, in 2016 voter approved Measure P a 10-year one-half cent general sales tax, to fund high priority infrastructure needs within the City; and WHEREAS, prior to Measure P being placed on the ballot in 2016 the City completed public education and information gathering; and WHEREAS, the 10-year term of Measure P is coming to an end; and WHEREAS, in September 2023 the City contracted with Team CivX to gauge voters’ opinions regarding the quality of services provided by the City, analyze the feasibility of reviewing Measure P, identify community priorities, and gather information needed for communication at outreach; and WHEREAS, the City of Chula Vista received positive feedback on the current one-half cent general sales tax and would like to increase public education on Measure P and the development of a potential, similar ballot measure; and WHEREAS, in order to procure these services, Team CivX (“Consultant”) was chosen based on Consultant’s unique qualification, including previous ballot measure consulting for the City; on this basis and with the approval of the Purchasing Agent, staff recommends award of a contract to Consultant to provide public education and potential ballot measure services on a “single/sole source” basis under the authority of Chula Vista Municipal Code Section 2.56.110(H)(3) and 2.56.070(B)(4); and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Consultant Services Agreement to Provide Public Education and Potential Ballot Measure Services, between the City and TeamCivX, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Page 391 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Resolution No. Page 2 Presented by Approved as to form by Courtney Chase Jill D.S. Maland Deputy City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 392 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan Funding Critical Priorities for a Stronger, Safer Chula Vista Page 393 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 1 Amendment #11 Apr 2023 Introduction The City of Chula Vista, like many cities throughout the country, is struggling to properly fund our infrastructure needs. The City of Chula Vista (City) has been developing and implementing its Asset Management Program to operate and maintain the City’s natural and built infrastructure. Staff has provided several updates to the City Council on the Asset Management Program. The presentations and related publications can be found at www.chulavistaca.gov/infrastructure. To address the City’s infrastructure needs and other City facilities and services, the City Council placed a funding measure on the November 2016 ballot to address high priority infrastructure projects. On November 8, 2016, Chula Vista voters approved Measure P, authorizing a temporary ½ cent sales tax increase on retail sales within the City for a period of ten (10) years. Staff prepared the Infrastructure, Facilities and Equipment Expenditure Plan to identify the recommended allocation of the temporary ½ cent sales tax revenues which were originally estimated to generate $16 million per year. The updated 2023 revenue estimates are projected to generate $25+ million per year. The recommended funding is based on the criteria established through the Asset Management Program which identifies the major citywide infrastructure systems considered in critical need of repair or replacement. Analysis conducted by consultants experienced in evaluating infrastructure system conditions, ranked infrastructure from lowest to highest probability of failure, identified a timeline for repair and replacement, and estimated associated cost. The sales tax revenues generated over the 10‐year timeframe could address all infrastructure assets designated with the highest probability of failure which, if not addressed, could result in significant impact to public safety response or availability of highly used community infrastructure. Given the needs and limited availability of funds, the items proposed for funding under this plan represent one‐time allocations of funds and not ongoing commitments. Funding of ongoing commitments, such as salary and benefit increases, is not included in the Plan as they would result in continuing financial obligations beyond the ten‐year temporary tax period. Therefore, this Plan focuses on the areas where one‐time funds could be used to address critical deferred maintenance or replacement of city infrastructure improving safety and reducing risk to the City as well as strengthening the City’s overall financial condition by avoiding costly emergency repairs or further deterioration of existing failing infrastructure. The following are the highest priority items for funding: Pave, maintain and repair neighborhood streets and fix potholes Upgrade or replace aging police, fire and 9‐1‐1 emergency response facilities, vehicles and equipment Replace storm drains to prevent sinkholes Upgrade irrigation systems to conserve water and save energy Make essential repairs to older libraries, senior center and recreation centers Improve our Traffic Signal Systems Page 394 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 2 Amendment #11 Apr 2023 Repair our Sports Fields and Courts and Park Infrastructure This Infrastructure, Facilities and Equipment Expenditure Plan also includes long‐term financing of approximately $70.8 million in order to expedite the most critically needed repairs or replacements of citywide infrastructure. City Council approved the issuance bonds via Resolution 2017‐089 on June 6, 2017. This Plan also provides a component which identifies the potential annual allocations to projects which could be included in the annual City Manager proposed Capital Improvement Budget for City Council consideration and action. Process for Creation of the Plan Asset Management Program (AMP) Since March 2014, the City has been working to enhance its asset management practices to promote effective use of financial and physical resources and to develop a proactive approach to managing infrastructure assets. As part of this effort, the City embarked on developing a comprehensive, citywide Asset Management Program that includes the following asset management systems: Wastewater Management System Urban Forestry Management System Building Management System Drainage Management System Parks Management System Roadway Management System Fleet Management System AMP Goals The goal of the City’s Asset Management Program is to shift from reactive to proactive planning and management of our infrastructure assets. The effort has helped the City to: Gain better understanding of the current state of the infrastructure and its future needs Proactively identify the asset replacement and rehabilitation needs and plan the budget and resources accordingly Understand the probability and consequence of failure of each asset so that the City can manage high risk assets before failure and minimize the City’s overall risk profile Minimize the life‐cycle cost by incorporating latest technological advances in infrastructure to develop efficient and effective preservation and restoration strategies Develop a consistent and defendable methodology for prioritizing work and budget expenditure Focus on high benefit‐to‐cost ratio to ensure the budget is spent in the right place, for the right reason, at the right time, at the right cost Be transparent by involving the City Council and the public in the development of the Asset Management Program and the associated decisions Page 395 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 3 Amendment #11 Apr 2023 It is important for the City to gain a better understanding and quantify current and future asset needs, asset risk profile, appropriate levels of service, cost to provide services, and financial requirements to sustain the delivery of services. City staff has worked to communicate this improved understanding of the infrastructure status with the public and decision makers. This analysis and information has enabled City staff to develop management strategies that deliver the established levels of service while managing individual assets to minimize life‐cycle cost with an acceptable level of risk. With this information, the City can better answer the following questions: Catch Up – What levels of work, resources, and budget are required to bring the asset back to required conditional state to meet the safety, regulatory, and level of service requirements? Keep Up – Once the asset is caught up, what levels of work, resources, and budget are required to keep up the level of service? Moving Forward – What levels of work, resources, and budget are required to sustain the level of service? Asset Management Program Advisory Committee To help identify the needs of our community and to evaluate the state of our infrastructure, the City formed the Asset Management Program Advisory Committee (AMPAC) in March 2014. The committee continues to provide input into setting priorities for the Asset Management Program. Members of the AMPAC are residents, business owners, community leaders, and stakeholders. AMPAC members visited various asset management systems and observed and discussed the issues associated with each system. AMPAC reviewed the City’s overall Asset Management Program methodology and helped to guide and reach consensus on how to address infrastructure deficits. A technical committee was formed within AMPAC to further engage the public in the understanding and review of the asset management methodologies and logic used to define preservation and restoration costs and schedules. A comprehensive inventory of assets took place for each asset management system. Where accessible, assets were visited and their conditions were assessed. Based on the condition, actions required to restore the asset were identified, and the cost and timing were estimated. Through assessment of risk (probability and consequence of failures), activities were prioritized and communicated regarding urgency and the financial and resource requirements. Public Outreach and Public Opinion Surveys In July and August 2015, the City of Chula Vista engaged a research firm to conduct a public opinion survey to identify resident priorities and secure input on potential local funding mechanisms (bond or sales tax) to upgrade, repair and maintain critical infrastructure. In addition, a survey mailer was distributed to 54,000 households and an online version posted on the City website from January through Page 396 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 4 Amendment #11 Apr 2023 May 2016 to secure broad public input on infrastructure priorities. More than 3,000 responses were received. Public Opinion on Prioritizing Infrastructure Projects Infrastructure, Facilities and Expenditure Plan With the information gathered through the Asset Management process and community input, staff developed this Plan taking into account projected available funding, priorities and timing considerations. The actual allocations will be dependent on updated engineering cost estimates, project specific criteria and available funding at the time the individual projects are proposed. The following table presents the Infrastructure, Facilities and Expenditure Plan by Major Category. On page 14 of this Plan is a 10‐year outlook by fiscal year which includes long‐term financing to expedite the most critically needed repairs/replacement of citywide infrastructure. Page 397 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 5 Amendment #11 Apr 2023 Infrastructure, Facilities and Equipment Expenditure Plan (By Major Category) Plan Implementation The ballot measure approved by the voters is anticipated to generate an estimated $245 million over a 10‐year period. The projected revenues from the sales tax measure will address the items which are considered high risk and in critical need of repair or replacement. The estimated revenues will also address approximately 11% of the assets identified as having medium probability of failure. The measure provides that any proposed expenditures of new sales tax revenues in the initial year will be presented in a form consistent with this Plan as budget amendments for City Council consideration. For each subsequent year, the spending plan, after review by a Citizen Oversight Committee, will be included in the City Manager’s proposed budget for Council consideration as part of the annual budget process. The measure requires that expenditure of new sales tax revenues be tracked in a variety of ways. First all new revenues will be accounted for in the General Fund as a separate line item. Second, an independent audit of measure revenues and expenditures will be performed and presented for public review. Finally, a Citizen’s Oversight Committee will review all proposed expenditure plans and all audits. Page 398 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 6 Amendment #11 Apr 2023 Note: This Plan is intended to guide City expenditures consistent with its terms. It does not, however, constitute a binding legal commitment on the City Council to approve any of the expenditures proposed herein. Provided that all proposed expenditures continue to be for City infrastructure, facilities and/or equipment, this Plan may also be updated or amended from time to time by City staff, or by action of the City Council, in order to address changed priorities, standards and/or funding availability. There shall be no third‐party beneficiaries to the terms of this Plan. This Plan does not modify the terms of the sales tax measure. To the extent of any conflict between the terms of this Plan and the sales tax measure, the terms of the sales tax measure shall govern. Summary Description of Major Infrastructure Categories To follow are descriptions of the major infrastructure categories within the Expenditure Plan. Included within several of the categories described below is an emphasis on repairing and replacing existing inefficient systems and equipment with newer, more efficient systems. Funding for efficient systems has been incorporated into the existing funding for police facility repairs, sports courts and fields, park infrastructure, recreation and senior centers, libraries, and other public buildings. Specific projects will include: citywide lighting upgrades; citywide irrigation upgrades; citywide HVAC equipment replacement; and other facility and park efficiency upgrades. The projects will be consistent with the priorities laid out in the original Measure P Expenditure Plan as well as the City's Smart Cities Plans. The projects will extend the life of the City's facilities and parks, allow for easier and more efficient maintenance, and provide flexibility to allocate proper maintenance funds are in place to "keep up" with ongoing maintenance on newly repaired facilities. Measure P funds will not be used to provide ongoing maintenance. Street Pavement: One of the greatest challenges a City faces is maintaining, preserving and restoring its paved streets. The City of Chula Vista utilizes the Streetsaver Pavement Management System to develop a multi‐year pavement preservation program. The program has primarily been focused on sustaining more heavily traveled major arterial and collector streets in good condition. Through the Pavement Management System, city streets are given a Pavement Condition Index (PCI). The purpose of the pavement management system is to enable the City to use its pavement dollars in the most cost‐effective manner so that the overall pavement condition is as good as possible. The pavement preservation approach significantly prolongs the life of existing pavements for a fraction of what it would cost to rehabilitate the street once it reached failure. Unfortunately, local/residential streets have reached a failed state (0‐ 25 PCI) and the typical strategies used for preventative maintenance would be inadequate. These residential streets would require major rehabilitation. The Measure P funding for Street Pavement repair is intended repair these failed residential streets. Additional information is available in the Roadway Assessment Plan located at www.chulavistaca.gov/infrastructure. Page 399 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 7 Amendment #11 Apr 2023 Pavement Condition Index PCI = 21 PCI = 40 PCI = 68 PCI = 75 PCI = 95 Other Infrastructure (Storm Drains, Sidewalks, Trees, Drainage Systems) Much of the City’s storm drain system is more than 50 years old. There are approximately 13 miles of corrugated metal pipes (CMP) located in the City of Chula Vista. Some of the CMP have been deteriorating due to their age and corrodible nature of the material. According to the 2005 condition assessment data, 1.8 miles of CMPs were recommended to be lined with CIPP liner and 0.4 miles of CMP were recommended to be replaced immediately. In order to accelerate the replacement of CMP and address infrastructure needs in Western Chula Vista, the City issued $10.5 million in debt but despite the City’s effort to reline and replace as much as possible of the problematic CMP based on the 2005 study, not all pipe failures could be predicted. In February 2015, a CMP located near one of the elementary schools failed and created a sinkhole. In order to prevent future failures and to drive lower life‐cycle cost, the City utilized the asset management strategies to identify which CMPs have a greater risk of failing. As a result, the City repurposed $1.2 million from streets to fund CMP replacement or lining. Additional information on the City’s Drainage system is located in the Drainage Asset Management Plan located at www.chulavistaca.gov/infrastructure. The City is committed to the goal of increasing the maintenance and number of trees within the city. Healthy trees provide many benefits to communities, such as reducing storm water runoff, removing air pollution, lowering summer temperatures, and reducing energy use in buildings. Page 400 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 8 Amendment #11 Apr 2023 Traffic Signal System: Proposed funding could advance traffic signal replacements and upgrades that focus on improving two major objectives: safety and performance. Each objective listed has a direct correlation to enhancing safety at intersections or of City roadways while also improving efficiency and operability of the traffic signal systems. Tax measure funds could also be used as matching funds for federal, state and local grants. Improvements could include: Replacement of aging or legacy traffic controllers and signal cabinet and equipment Replacement of rusted, faded or missing traffic signal back‐plates or signal heads Replacement of obsolete pedestal‐mounted traffic signals to overhead mounted traffic signals Repair and/or replacement of broken inductive pavement loops and failing video cameras Converting non‐actuated intersections to actuated Installation of pedestrian countdown indications and ADA compliant push buttons citywide Replacement of obsolete 8” traffic signal lamps to standard 12” traffic signal lamps Installation of Bicycle Detection System Citywide Replacement of legacy communications equipment and expansion of City Fiber Optics, Wireless, and/or Twisted Pair Communications Expansion of Adaptive Signal System Installation of Traffic Monitoring Devices: o Closed‐Circuit Television (CCTV) Cameras at intersection along Major Trolley, Freeway interchanges, or major cross streets in the City of Chula Vista o Expansion of Data Collection Systems to actively monitor Level‐of‐Service of City Streets o Changeable Message Sign System along Main Street to mitigate special event traffic for Sleep Train Amphitheater o Installation of Traffic Calming Devices Comprehensive Coordination Retiming Project Citywide Fire Response Vehicles (Apparatus): The Fire Department’s fire apparatus fleet is currently experiencing excessive years of service. This has led to increased downtime, decreased reliability, and obsolete safety features. The Fire Department and Public Works Department are challenged on a daily basis with maintaining an adequate fire apparatus fleet (frontline and reserve) due to the above factors. The current fleet downtime report shows, for every five days a fire apparatus is in service, it then requires one full day out of service for maintenance and repair. Fire apparatus replacement standards call for 10 to 12 years for front line service with five years in reserve capacity. Over half (10 of 17 fire apparatus) of the fire apparatus fleet exceeds 12 years of service, three of which are beyond 20 years of service. Funds could be used to replace Fire Engines and Fire Trucks that are overdue for replacement by excessive maintenance expenses or obsolete equipment improving response times. Page 401 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 9 Amendment #11 Apr 2023 Fire Equipment: Major fire equipment needs include radio communications equipment, mobile data computer (MDC) communications equipment, and respiratory protection breathing apparatus. The City of Chula Vista participates in the Regional Communication System (RCS), which provides public safety and public service radio communications to the San Diego County area. Federal Regulations, require the upgrade of the RCS to become compliant. This requires its users to upgrade their handheld, vehicle mounted, and dispatch radios to match the system backbone upgrade. The Fire Department also uses mobile data computers (MDCs) to communicate critical emergency incident information between response units and dispatch. These MDCs are ruggedized, military grade laptops to withstand use during emergency response. These MDCs are beyond their useful life, exceeding 10 years old and also no longer meet new operating system requirements to properly communicate with dispatch. The Fire Department is required to provide and maintain proper respiratory protection breathing apparatus equipment for firefighting activity. The current fleet of breathing apparatus is between 13 to 15 years old and beyond the useful life. This has led to increased downtime, decreased reliability and obsolete safety features. Breathing apparatus are utilized when fighting fires and critical to the protection of firefighter personnel. Police Equipment: Major equipment needs for the Police Department include body worn cameras, video management system and replacement of network servers. Use of body worn cameras has helped the Police Department gather more evidence leading to successful prosecution of cases, as well as protecting both the officer and citizens from allegations of excessive force or misconduct. The video management system will enable the Police Department to view recordings from different cameras when conducting investigations and responding to calls. In order to keep up with technology, network servers will be updated in 5‐year increments. Fire Station Repairs/Replacements: The Fire Department currently operates nine fire stations to provide a network of emergency response service delivery. Three of these fire stations are well beyond their service life. Fire bay doors must be enlarged to accommodate new fire apparatus and extensive termite treatment and repair is needed. In addition, these fire stations are not compliant with seismic building codes. Also, as emergency response volume increases beyond the current network of response capacity, existing Fire Station 4 will require expansion to accommodate a secondary response unit in order to meet the service delivery demand. Funding is needed in order for the expansion to move forward and improve response times to the community. Page 402 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 10 Amendment #11 Apr 2023 Police Vehicles: There are 128 police vehicles in the Police Department. The vehicles in this fleet are technologically complex and specially outfitted for law enforcement work. In addition to being very sophisticated pieces of equipment they are subjected to very high levels of utilization. Approximately 41% of the fleet is identified as needing replacement due to excessive repairs from high mileage and heavy use. The failure of operating patrol vehicles would impact response times to the community. Police Facility Repairs: The Police facility is 12 years old and is in relatively good condition. Although, the facility is in good condition it is given the highest rating possible for Consequence of Failure. This is because the facility operates 24 hours a day, 7 days a week. The Asset Management Plan did identify a few items which need immediate attention to avoid operational impacts with the most immediate being the replacement of the heating and air conditioning system. Failure of the system could cause disruption to critical service delivery and the ability to dispatch police personnel. Public Safety Computer Aided Dispatch System (CAD): The Computer Aided Dispatch (CAD) system is a critical Information and Technology (IT) component, which serves as the lynchpin of the 911 emergency service frame work for the police department. CAD is critical because it is used to dispatch police officers to citizens’ calls for service, and its efficiency and performance directly impact response times and officer safety. In 2015, the police department processed 97,632 calls for service in the CAD system. The department’s CAD system is also the central repository for all records and data related to calls for service. It is a key performance measurement tool used by supervisors and managers to make important tactical and strategic decisions. Finally, the CAD system’s reliability and stability are critical because it must have continuous availability. In short, CAD is the virtual and technical heart of all police department operations, especially pertaining to emergency service delivery. Public Safety Regional Communications System (RCS): The Regional Communications System (RCS) provides public safety and public service radio communications service to San Diego County, Imperial County, 24 incorporated cities, and a multitude of other local, state, federal and tribal government agencies in the San Diego County/Imperial County Region. The RCS infrastructure is approaching the end of its life cycle and must be replaced. The County of San Diego has been working with member RCS partner agencies to plan for the replacement of the RCS system with a “Next Generation” public safety interoperable communications system which will comply with Federal Communications System (FCC) and the national Association of Public Safety Communications Officials standards. These regulations set in place standards for communication systems which allow for interoperability between different cities, agencies, and various state and federal agencies. This has been done to ensure that during emergency events, various public safety and emergency response personnel can communicate with each other. The City of Chula Vista currently has Page 403 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 11 Amendment #11 Apr 2023 737 radios operating on the RCS. Based upon the radio count for the City, the approximate cost to the City for participating in the Next Gen RCS project would be $4.5 million, not including financing cost. This does not include the mandatory radio and equipment upgrades that would be needed at the City. Other City Vehicles: The “Other City Vehicles” comprises the remaining vehicles in the City’s inventory and supports all other City provided services with the exception of those supporting the wastewater section. These vehicle replacements have been deferred for many years resulting in excessive repair costs. The “out of service” rates for many of these vehicles are at record highs impacting staff’s ability to provide services to the community. Funding is needed to replace these vehicles (including lawnmowers, pick‐ups, dump trucks, forklifts, etc.) and help the City move toward a more environmentally friendly and economically efficient fleet composition reducing emissions, fuel and related operating costs. In addition, this category includes the Fleet Infrastructure project for replacement of fuel systems, installation of EV charging stations, a heavy duty in‐ground lift and replacement of the City’s obsolete fleet information management system. Sports Courts and Fields: There is a high demand for use of the City’s various sports fields. Most sports fields are reserved for City programs coordinated through the Youth Sports Council. The Youth Sports Council, which represents 22 member organizations in the City of Chula Vista, was formed in 1989 to assist the City in coordinating youth sports programs and allocate field use in the City. Due to the combination of budgetary cuts and water use restrictions, the City’s sports fields are overdue for renovation including re‐seeding, aeration, fertilizing, and in some cases sod replacement. The Public Works department prepares a Field Management Report which identifies the condition of the various fields. The current Field Management report, located at www.chulavistaca.gov/infrastructure identified four fields that are closed due to poor condition of the fields. Another 20 were classified as fair condition but at risk of deteriorating further. This significantly limits the number of fields available to the various organizations providing youth sports activities in the City of Chula Vista which includes participation of over 10,000 kids. With additional funding, the sports fields could be brought back to good standings and available for field allocation. In addition, funds could be allocated to upgrade the irrigations systems to a smart system allowing for efficient and effective water allocation which would assist in keeping the fields healthy even through the drought. In addition to the sports fields, there are a total of 62 tennis courts and basketball courts. Based on the most recent Court Management Report, located at www.chulavistaca.gov/infrastructure a total of 31 courts are considered in fair condition due to worn surfaces, visible cracks or separation and lifting which will require replacement. Page 404 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 12 Amendment #11 Apr 2023 Park Infrastructure: The City owns and manages 56 parks that cover approximately 560 acres. The largest park, Rohr Park, covers nearly 60 acres. The asset management study identified several assets under the Park Infrastructure category which included items such as barbeque grills, benches, drinking fountains, irrigation controls, lights, picnic tables, play structures, playground surfacing, signage, trash bins, etc. This Infrastructure, Facilities and Equipment Expenditure Plan recommends funding assets identified in the AMP which are beyond their service life and in need of repair or replacement. Additional details are available in the Parks Asset Management Plan located at www.chulavistaca.gov/infrastructure. Recreation and Senior Centers: In 2015, there were nearly 800,000 visits to our recreation facilities participating in sports, recreation, senior programs and other activities. With nine recreation centers, two aquatic facilities and 56 parks, the Recreation Department offers a myriad of opportunities for everyone to enjoy. Due to the high volume use of these facilities any interruption or reduction in their availability directly impacts the City’s residents. Additional funds could be used to replace roofs, water and waste water plumbing, heating and air conditioning elements that have all reached or exceeded your expected service life. More specifically, at the Norman Park Senior Center the condition assessment indicates that there is a need to repair the perimeter exterior eaves, paint the interior and exterior of the building, repair the kitchen and the restroom. At Loma Verde Recreation Center the pool pump system, decking, lighting and shower areas are also in need of repair. The City’s newest recreation facilities, Salt Creek and Montevalle, are now over 10 years old and are beginning to experience heating and air conditioning failures and are in need of floor resurfacing throughout the gyms and classrooms. Other facilities, such as the Women’s Club, are also in critical need of repair or replacement. Civic Center Library and South Chula Vista Library: The Chula Vista Civic Center Library opened its doors in 1976 and is celebrating its 40th Anniversary. The Civic Center Library and South Chula Vista Library are highly valued and well used by the community. Funding for the Library Department has been focused on increasing access to services and materials. Over the years, through fundraising efforts by the Friends of the Chula Vista Library and Chula Vista Public Library Foundation as well as State grants, the City has been able to do some cosmetic upgrades to the interior of the buildings. At this point, there is a need to address some more significant infrastructure repairs such as the roof, water and waste water plumbing, bathroom upgrades, heating and air conditioning systems that have all reached or exceeded their expected useful life. Other Public Buildings: (Animal Care Facility, Living Coast Discovery Center, Ken Lee Building) In addition to the buildings discussed previously, there are other public buildings such as the Animal Care Facility, Living Coast Discovery Center, and Ken Lee Building which are also in need of heating and air conditioning replacements, roof and plumbing repairs, flooring replacements, restroom renovations and upgrades to meet ADA standards. Page 405 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 13 Amendment #11 Apr 2023 Citywide Network Replacement The overall computer network which provides all the connectivity between PC’s, servers, phones and other network attached devices throughout the City is outdated with 20% of the equipment beyond end‐of‐life status, and a majority of the rest of the equipment within a year of end‐of‐life status. Due to advancements in technology the City is proposing a complete restructuring of the City’s computer network in order to bring it up to industry standards in terms of: 1) Capability to handle high‐volumes of data traffic; 2) Provide industry standard reliability and redundancy to ensure near 100% up‐time across the network; and 3) To ensure high levels of security and resistance to modern day malware/hacking attacks. Measure P funds will be used to upgrade the network, which will directly benefit the community by allowing for Smart City functionality which will reduce traffic congestion on streets, reduce associated carbon emissions, enable enhanced energy savings in City buildings, provide advanced citizen engagement through data sharing and capabilities of virtual City Hall, and enable enhanced security at City parks and other locations. In addition to updating the City’s network, the Public Works Department deploys approximately 45 laptops in the field in order for crews to be able to receive work orders in the field, and then capture data regarding issues they see in the field back into our asset management systems. The current fleet of laptops is over 5 years old and only has 3G wireless modems which allow them to transmit data back to the Public Works Department. 3G’s data footprint in Chula Vista is shrinking due to wireless carriers focusing on 4G and 5G deployments. There are many areas in the eastern portion of Chula Vista, which do not have 3G connectivity. This means crews must return back to the Public Works Department to enter data. Types of data transmitted include photos and videos which require high‐speed connections. Additionally, older laptops are limited in terms of processing speed and memory, which affects overall productivity of the laptop in a data rich environment. Measure P funds will be used to replace these laptops which will provide time savings and better work productivity allocating more time for the crews to be out in the field serving the public. Citywide Telecommunications Measure P funds will be used to upgrade its telecommunications system which is nearly 20 years old. Although functioning, the back‐end equipment required to keep the phone system working is no longer manufactured. This requires the City to find replacement parts through used equipment if any equipment fails. Due to the age of the phone system, it is becoming extremely difficult to find used equipment to keep the system working. The phone system is also very limited in terms of how it can be used in a modern business environment. New modern systems are run over a computer network (Voice Over I.P. – VOIP) rather than by an analogue system. Analogue systems have significant limitations on how a phone system can be used, while more modern systems allow for video conferencing, computer screen sharing, call following (“desk phone” can be accessed regardless of location), and other features which increase productivity and responsiveness for employees to the public. An updated telecommunications system will also significantly reduce the risk of systematic failure. Page 406 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Infrastructure, Facilities and Equipment Expenditure Plan 2023 14 Amendment #11 Apr 2023 Page 407 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Measure P: Delivering on the Promise -DAVID GARCIAS, CHAIR CITIZENS OVERSIGHT COMMITTEE C h u l a V i s t a v o t e r s a p p r o v e d M e a s u r e P – a t e m p o r a r y , t e n -y e a r , h a l f -c e n t s a l e s t a x t o f u n d h i g h p r i o r i t y i n f r a s t r u c t u r e n e e d s . C o l l e c t i o n o f t h e s a l e s t a x b e g a n A p r i l 1 , 2 0 1 7 . A s o f M a r c h 2 0 2 3 , t h e s a l e s t a x h a s r a i s e d $1 4 0 .1 m i l l i o n i n r e v e n u e w h i c h h a s b e e n r e i n v e s t e d i n t o o u r C i t y 's f u t u r e . T h e C i t y 's I n f r a s t r u c t u r e , F a c i l i t i e s a n d E q u i p m e n t E x p e n d i t u r e P l a n h a s g u i d e d i m p l e m e n t a t i o n o f M e a s u r e P s a l e s t a x f u n d s a n d h a s b e e n s u c c e s s f u l l y u s e d t o u p g r a d e p o l i c e , f i r e , p a r a m e d i c a n d 9 -1 -1 e q u i p m e n t , v e h i c l e s a n d f a c i l i t i e s ; f u n d s t r e e t s a n d s i d e w a l k s ; r e p l a c e s t o r m d r a i n s t o p r e v e n t s i n k h o l e s ; i m p r o v e p a r k s ; r e p a i r r e c r e a t i o n f a c i l i t i e s ; a n d r e p a i r a n d r e p l a c e o t h e r c i t y i n f r a s t r u c t u r e . R e a d m o r e o n p r o m i n e n t M e a s u r e P - f u n d e d i n f r a s t r u c t u r e p r o j e c t s t h a t h a v e b e n e f i t e d o u r c o m m u n i t y . "B y s u c c e s s f u l l y l e v e r a g i n g a n d i n v e s t i n g o u r M e a s u r e P r e v e n u e t o f u n d o u r p r i o r i t y i n f r a s t r u c t u r e n e e d s , t h e C i t y h a s d e l i v e r e d o n t h e i r p r o m i s e t o m a i n t a i n a s t r o n g e r , s a f e r C h u l a V i s t a a n d i m p r o v i n g t h e q u a l i t y o f l i f e f o r o u r r e s i d e n t s a n d v i s i t o r s . " Page 408 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda PUBLIC SAFETY Major Projects F U N D E D B Y R E V E N U E G E N E R A T E D F R O M M E A S U R E P $30 million in Measure P funding has facilitated major rehabilitation of Fire Stations throughout the City- Including the design and construction of new Fire Stations 3 and 5 and reconstruction of Fire Station 1, improving emergency services and response times in the community. The Loma Verde Community Center is currently undergoing a $22.5 million renovation. When complete, it will have a new multi-purpose gymnasium, dance rooms, crafts room, fitness room, game room, restrooms, two new pools and splash pad, shower/changing rooms, and classrooms. (Summer 2023) PUBLIC FACILITY RENOVATIONS Measure P has funded a multitude of much- needed upgrades and repairs at Chula Vista's largest park, covering nearly 60 acres, including reconstruction of the basketball courts, bleachers, picnic benches, and drinking fountains; expansion of ADA access; and new restroom facilities (in progress). Over 300 residential street segments were in failing condition and required major rehabilitation and repairs at costs significantly more than typical preventative maintenance. Measure P funding allowed for major asphalt replacement and rehabilitation on these streets placing them into a sustainable cycle of preventative maintenance for years to come. CITY INFRASTRUCTURE PROJECTS 21% 37%42% LOMA VERDE COMMUNITY CENTER The Chula Vista Civic Center Library opened its doors in 1976, and thanks to Measure P, the City has been able to address significant infrastructure repairs including replacing the roof, restroom renovations for ADA access, and electrical/HVAC upgrades. All with the focus of increasing access to services and materials for the public. CIVIC CENTER LIBRARY Funding from Measure P has secured a new $1.4 million PremierOne Computer Aided Dispatch (CAD) System, a critical component of the 911 emergency service framework, ensuring that the system remains stable and reliable with expanded technological capabilities directly impacting response times and officer safety. POLICE SERVICES RESIDENTIAL STREET REHABILITATION & REPAIR ROHR PARK RENOVATION FIRE FACILITIES & EQUIPMENT Page 409 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Spent on rehabilitating and repairing 337 residential street segments with the lowest condition scores citywide. $22.9 MILLION 337 Street Segments Repaved/Repaired Public Safety Vehicles Replaced Storm Drain Locations Repaired or Replaced City Buildings & Public Facilities Renovated 175 150 13 Pave, maintain and repair neighborhood streets and fix potholes Improve traffic signal systems Replace storm drains to prevent sinkholes Upgrade or replace aging police, fire and 911 emergency response facilities, vehicles and equipment Upgrade irrigation systems to conserve water and save energy Make essential repairs to older libraries, senior center and recreation centers Repair sports fields and courts and park infrastructure A p p r o v e d E x p e n d i t u r ePlan P r i o r i t i e s 0 25 50 75 100 City Infrastructure Public Safety Public Facilities Measure P Expenditures C U R R E N T E M C U MB R A N C ES & PRO J EC T E D A L L O C AT I ON S F R O M F Y 2 0 1 7 -F Y20 2 7 (IN M I L L I O N S ) S PE N T T O DA T E OR C OM MITT E D E S T I MA T ED UNSP ENT $6 4 .8 $5 2 .4 $3 3 .8 $9 1 .4 $8 0 $4 4 .2$1 0 .4 $2 7 .6 $2 6 .6 T OTA L P R O JE CT E D A L L OC AT IO N SPage 410 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda For More Measure P Resources $91.4 MILLION $80 MILLION $44.2 MILLION 1 6 K 4 1 5 9 E n e r g y E L E C T R I C & P L U G -I N H Y B R I D S A DD E D T O CI T Y F L E E T E N ER GY E F F I C IE N T H V A C U P G R A D E S A T CI T Y F A C I L I T I ES L O W F L O W R E S T R O O M T O I L E T R E N O V A T I O N S T O C O NS ER V E W A T ER N e w ! 1 CI T Y W ID E W A T E R E F F I C I E N T I R R I GA T I O N S Y S T E M I N S T A L LE D E L E C T R I C V E H ICL E CH A R G I N G S T A T I O N S I N S T A L L E D C o n s e r v a t i o n P r o j e c t s L I G H T B U L B S R E P L A C E D WI T H L E D S A C R OS S T H E C I TY City Infrastructure A S S E T S I N C LU D E O V E R : 4,200,000 linear feet of curb & gutters 54,000 public street and park trees 10,000 streetlights 2,000 acres of open space 1,000 miles of sidewalks, trails, and paths 570 acres of park land 500 miles of sewer pipes 550 kW of solar photovoltaics 460 miles of public streets 249 miles of storm drains C I T I Z E N S O V E R S I G H T C O M M I T T E E P e r C V M C 3 .3 3 .1 6 0 , t h e f u n c t i o n o f t h e C O C i s t o : R e v i e w a n d c o m m e n t o n e a c h y e a r 's F i n a n c e D e p a r t m e n t R e p o r t ; M e a s u r e P S p e n d i n g P l a n ; a n d A u d i t R e p o r t . P r e p a r e a n A n n u a l R e p o r t r e g a r d i n g t h e F i n a n c e D e p a r t m e n t R e p o r t f o r p r e s e n t a t i o n t o t h e C i t y C o u n c i l a t a P u b l i c M e e t i n g . W o r k w i t h C i t y S t a f f t o i d e n t i f y a n d a p p l y "b e s t p r a c t i c e s " f o r t r a c k i n g & r e p o r t i n g o n M e a s u r e P r e v e n u e s a n d e x p e n d i t u r e s . CITY INFRASTRUCTURE UPGRADES $244.8 Million T O T A L R E V ENU E P R O J E C TE D T O B E G E N E R A T E D F R O M M E A S U R E P T H A T W I L L B E R E I N V E S T E D B A C K I N TO T H E C I T Y (CURREN T 1 0 -Y E A R PRO JEC TI ON T H ROUGH 2 02 7) Over $22.9 million has been invested into maintaining, preserving, and restoring the City's paved streets. Measure P addressed the streets in most need of repair through the "Pavement Condition Index" (PCI), repairing all 169 identified residential street segments rated "very poor". Over 337 street segments have been repaired to date. STREET REPAIR PUBLIC INFRASTRUCTURE Replacement of the City network & upgrades to telecommunications has allowed for Smart City functionality which reduces traffic congestion and associated carbon emissions, enhances energy savings in City buildings, provides advanced citizen engagement through the capabilities of virtual City Hall, and enables enhanced security at City parks and other locations. $25.9 million has been allocated for the repair and maintenance of our City's storm drains, drainage systems, and sidewalks. Over 150 drainage pipe locations have been repaired or replaced, and to date 2,731 sidewalk segments have been serviced and 1,733 locations where sidewalk edges were sliced to alleviate trip hazards. PARKS, FIELDS & COURTS Measure P funds a multitude of much-needed upgrades and repairs for City-wide parks, fields and sports courts. Projects include the resurfacing of 38 courts, adding energy and water efficient upgrades, and construction of ADA access at walkways. Over $15.7 million has been committed to maintaining and preserving the community's public park infrastructure. CITY NETWORK UPGRADES INVESTMENT IN PUBLIC SAFETY FIRE SERVICES Repairs, upgrades, new equipment and vehicles are being funded by Measure P, helping protect life and property of Chula Vista residents, businesses and visitors and ensuring Chula Vista remains one of the safest cities in the nation. Including funding the replacement of the 20-year-old Computer Aided Dispatch (CAD) system. Funding from Measure P has allowed for the major rehabilitation of the City's fire stations. Expansion to accommodate new fire apparatus, retrofitting for seismic building code compliance, along with the construction of new stations to meet service delivery demands and improve response times to the community. POLICE SERVICES REC & SENIOR CENTERS $16.4 million in Measure P funds have remediated infrastructure needs at many other community locations around the City, including the Animal Care Facility, Living Coast Discovery Center, the Ken Lee Building, and both the Civic Center and South Chula Vista Libraries. With the high volume use of the City's nine recreation centers, two aquatic facilities and 56 parks, Measure P funding has addressed many infrastructure needs to keep these facilities safe and available to the community. Including new roofs, water and wastewater plumbing, HVAC, floor resurfacing, and expanding ADA access. COMMUNITY FACILITIES PUBLIC FACILITY RENOVATIONS Page 411 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH TEAMCIVX TO PROVIDE PUBLIC EDUCATION AND POTENTIAL BALLOT MEASURE SERVICES This Agreement is entered into effective as of January 23, 2024(“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and TEAMCIVX, A Limited Liability Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, The voters adopted a 10-year one-half cent general sales tax in 2016; and WHEREAS, The City of Chula Vista received positive feedback on the one-half cent general sales tax ; and WHEREAS, The City conducted a feasiblity study on the interest in a potential similar, future ballot measure; and WHEREAS, The City would like to increase public education on Measure P and development of a potential similar, future ballot measure; and WHEREAS, In order to procure these services Consultant was chosen based on Consultant’s unique qualifications, including previous ballot measure consulting for the City; on this basis and at the discretion of the Purchasing Agent, Consultant was awarded the contract on a “single/sole source” basis under the authority of Chula Vista Municipal Code Section 2.56.110.H.3 and 2.56.070.B.4; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 412 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additi onal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and Page 413 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 3 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s respons ibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Intentionally Omitted 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. Page 414 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 4 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The Page 415 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 5 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. This indemnity provision does not include any claims, damages, liability, costs, and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties, and does not include any claims, damages, liability, costs, and expenses arising solely from acts performed by Consultant at the explicit direction of City and not involving Consultant’s discretion. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by Page 416 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 6 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES Page 417 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 7 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the d ate of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the C hula 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, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. Page 418 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 8 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carr y out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the Page 419 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 9 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) Page 420 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 10 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. TEAMCIVX CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ JARED BOIGON JOHN MCCANN PARTNER, TEAM CIV X MAYOR BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Jill D.S.Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 421 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 11 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Courtney Chase 276 Fourth Ave, Chula Vista, CA 91910 (619) 409-5656 cchase@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: TEAMCIVX 21 Orinda Way, Suite C-191, Orinda, CA 94563 (415) 915-4212 jboigon@teamcivx.com For Legal Notice Copy to: Jared Boigon jboigon@teamcivx.com (415) 915-4212 21 Orinda Way, Suite C-191, Orinda, CA 94563 2. Required Services A. General Description: Consultant will complete a ballot measure feasibility study. B. Detailed Description: The Consultant shall: Develop informational messaging, including public-facing fact sheet and PowerPoint; Provide talking points, frequently asked questions and a message training for Client; Provide content related to Client’s funding needs and ballot measure to be added to Client’s website, social media, email updates, newsletters or other communications; As directed, write, design, and produce mailings and informational advertising to inform local residents; Develop strategies and plans to inform internal stakeholder groups, including the City Council, commissions, staff, employee groups and others; Page 422 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 12 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 Develop strategies and plans to inform external groups including elected leaders, business leaders, ethnic community leaders, faith community leaders, taxpayer groups and others; Recommend final ballot measure features, including ballot language, programs/services to be funded; Work with legal counsel to develop the 75-word ballot question, full text of Client’s ballot measure, and other materials that will appear in the ballot pamphlet mailed to all voters; Help present recommendations, documents and resolutions to the City Council for approval; and Make recommendations and provide strategic advice regarding timing and planning for any other potential ballot measures considered by Client. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin January 23, 2024 and end on December 31, 2024 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Single Fixed Fee. For performance of all of the Required Services by Consultant as herein required, City shall pay a single fixed fee of $82,500 (to be billed at $7,500.00 monthly) upon completion of all Required Services to City’s satisfaction. B. Reimbursement of Costs ☒ Invoiced or agreed upon amounts, with the prior approval of City, as follows: Public Surveys up to $30,000 per survey. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through 12/31/24 shall not exceed $142,500. 5. Special Provisions: ☒ Permitted Sub-Consultants: True North Research ☐ Security for Performance: None ☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if applicable. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. ☐ None Page 423 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 13 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE Page 424 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 14 City of Chula Vista Agreement No.: 2023-254 Consultant Name: TEAMCIVX Rev. 1/17/23 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 X A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Courtney Chase 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). Page 425 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Item 7.1 Agreement with TeamCivX Presented by: Courtney Chase Deputy City Manager Page 426 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Background on Measure P ½ Cent Sales Tax on Retail Sales Voter Approved on November 8, 2016 Collection Began April 1, 2017 10-Year Period, Set to Expire in 2027 Instituted the Citizens’ Oversight Committee Established the Infrastructure, Facilities and Equipment Expenditure Plan which established the most critical priority items for funding Key Highlight s Page 427 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Evaluation of City Infrastructur e Page 428 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Background on Measure P Approved Expenditu re Plan Priorities Pave, maintain and repair residential streets and fix potholes Upgrade or replace aging police, fire and 911 emergency response facilities, vehicles and equipment Replace storm drains to prevent sinkholes Upgrade irrigation systems to conserve water and save energy Make essential repairs to older libraries, senior center and recreation centers Improve our Traffic Signal Systems Page 429 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Measure P Citizens’ Oversight Committee Meeting : 4th Thursday Quarterly (Jan, Apr, Jul, Oct) The committee is comprised of nine members consisting of five At-Large members, with at least one from each Council district, and four Designated members selected from candidates brought forward by select nominating authorities. The main function of the Measure P Citizens’ Oversight Committee (COC) is to review and report on City compliance with the provisions of Measure P, particularly with respect to the City’s accounting and expenditure of Measure P revenues. David Garcias (Term Exp. 2025) Chair: Page 430 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 42%City Infrastructure Projects Replacement of the City network & upgrades to telecommunications has allowed for Smart City functionality which reduces traffic congestion and associated carbon emissions, enhances energy savings in City buildings, provides advanced citizen engagement through the capabilities of virtual City Hall, and enables enhanced security at City parks and other locations. City Network Upgrade Over 300 residential street segments were in failing condition and required major rehabilitation and repairs at costs significantly more than typical preventative maintenance. Measure P funding allowed for major asphalt replacement and rehabilitation on these streets placing them into a sustainable cycle of preventative maintenance for years to come. Residential Street Rehab & Repair Measure P has funded a multitude of much - needed upgrades and repairs at Chula Vista's largest park, covering nearly 60 acres, including reconstruction of the basketball courts, bleachers, picnic benches, and drinking fountains; expansion of ADA access; and new restroom facilities. Rohr Park Renovation Page 431 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 42%City Infrastructure Projects Measure P funding has allowed for the rehabilitation of more than 160 Corrugated Metal Pipe (CMP) locations including storm drain repairs of over 19,000 linear feet outside the right of way. Drainage Funding from Measure P has been utilized to repair over 7,640 damaged sidewalk locations exhibiting moderate-to-small heave displacements including the replacement of 130 sidewalk panels throughout the city. Sidewalks Measure P funding has allowed for traffic signal modifications and upgrades to 11 existing signalized intersections. These upgrades improve visibility, provide for protected left turn movements, and replaced failing and outdated traffic signals at various locations citywide. Traffic Signals Page 432 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Public Safety Projects $30 million in Measure P funding has facilitated major rehabilitation of Fire Stations throughout the City-Including the design and construction of new Fire Stations 3 and 5 and reconstruction of Fire Station 1, improving emergency services and response times in the community. Fire Facilities and Equipment Funding from Measure P has secured a new $1.4 million PremierOne Computer Aided Dispatch (CAD) System, a critical component of the 911 emergency service framework, ensuring that the system remains stable and reliable with expanded technological capabilities directly impacting response times and officer safety. Police Dispatch Center 37 % Page 433 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Public Facility Renovations The Loma Verde Community Center underwent a $22.5 million renovation and has a new multi-purpose gymnasium, dance rooms, crafts room, fitness room, game room, restrooms, two new pools and splash pad, shower/changing rooms, and classrooms. Loma Verde Community Center The Chula Vista Civic Center Library opened its doors in 1976, and thanks to Measure P, the City has been able to address significant infrastructure repairs including replacing the roof, restroom renovations for ADA access, and electrical/HVAC upgrades. All with the focus of increasing access to services and materials for the public. Civic Center Library 21 % Page 434 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Delivering on the Promise... Page 435 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1/24/2024 M EASURE P R ENEWAL S URVEY C ONDUCTED FOR THE C ITY OF C HULA V ISTA P RESENTED B Y T IMOTHY M C L ARNEY P H .D. Page 436 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1212 o Gauge the feasibility of renewing the Measure P sales tax at the current rate o Identify how to create a measure consistent with community priorities o Gather information needed for communications & outreach PURPOSE OF STUDY Page 437 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1313 o How did we select voters to survey? o Stratified & Clustered Random Sample of likely November 2024 voters using age, gender, partisanship, household party type, and sub -geographies o Ensures balanced, representative sample of likely voters o How did we recruit participation? o Personalized email, text, and telephone calls o PINs to restrict access and ensure one complete per respondent o How were voters able to share their opinions? o Secure, PIN -protected website that scales to the device o Telephone (land line or mobile) o English & Spanish o What was the sample size? o 515 completed interviews o Overall margin of error of ±4.3% @ 95% level of confidence METHODOLOGY OF STUDY Page 438 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1414 QUALITY OF LIFE Excellent 17.6 Good 53.5 Fair 25.6 Poor 1.8 Very poor 1.5 Not sure/Prefer not to answer 0.1 Page 439 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1515 CHANGES TO IMPROVE CITY 23.6 12.7 12.1 8.2 6.7 6.1 6.0 5.6 5.6 4.4 4.0 3.8 3.5 3.3 3.1 2.6 2.5 2.4 1.9 1.8 1.7 1.6 5.5 3.8 0 5 10 15 20 25 Address homeless issues Increase public safety Not sure / Cannot think of anything specific Improve infrastructure, roads Provide more police presence Provide more affordable housing Limit growth, development Reduce traffic congestion Clean up, beautify City No changes needed / Everything is fine Improve public transportation Enforce traffic laws Reduce taxes, fees Improve schools, education Equal attention to all areas of City Address parking issues Improve economy, jobs Improve parks, rec facilities Reduce cost of living Tougher sentences for criminal activities Concerns with rent control Improve City Council, Gov process Provide rec activities, events, for all ages Support small, local businesses % Respondents Page 440 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1616 Prefer not to answer 0.8 Not sure 4.2 Very dissatisfied 7.4 Somewhat dissatisfied 17.8 Somewhat satisfied 52.7 Very satisfied 17.1 OVERALL SATISFACTION Page 441 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1717 INITIAL BALLOT TEST To continue funding for city services in Chula Vista including: o Keeping streets, sidewalks, infrastructure, parks, and public facilities safe, clean, and well -maintained o Upgrading 9 -1 -1 emergency equipment and community facilities o Removing graffiti/trash from public spaces Shall the ordinance renewing the City of Chula Vista’s half -cent sales tax be adopted at the current rate (no increase), continuing 25 million dollars annually for unrestricted general government use for 10 years, with citizen oversight, independent audits, and all money locally controlled? If the election were held today, would you vote yes or no on this measure? Page 442 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1818 INITIAL BALLOT TEST Definitely yes 42.1 Probably yes 30.2 Probably no 8.4 Definitely no 12.4 Not sure 6.2 Prefer not to answer 0.7 72% 21% Page 443 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 1919 PROJECTS & SERVICES TIER 1 69.8 70.7 67.8 64.6 65.3 65.3 70.2 60.2 54.5 52.8 21.9 19.5 22.4 25.3 24.0 24.0 18.9 27.7 29.1 30.7 0 10 20 30 40 50 60 70 80 90 100 Keep existing parks and recreation facilities safe, clean, and well-maintained Fix potholes Repair infrastructure including sidewalks, curbs, and storm drains Pave and maintain local streets Repair or replace aging underground stormwater pipes that are at risk of collapse and creating sinkholes Make improvements to roads and intersections to better manage traffic congestion on city streets Clean up piles of trash and litter that people dump along streets, sidewalks, and in public areas Keep newer and recently repaired streets in good condition, before they become more costly to repair Upgrade 911 emergency equipment and community facilities Improve access for residents with special needs or disabilities % Respondents Strongly favor Somewhat favor Page 444 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2020 PROJECTS & SERVICES TIER 2 69.7 48.9 50.3 50.5 50.9 45.6 29.5 37.8 34.0 13.4 33.2 31.2 30.4 29.5 32.8 41.5 28.3 28.9 0 10 20 30 40 50 60 70 80 90 100 Address homelessness Install sidewalks, where needed Repair older community facilities including fixing roofs, plumbing, electrical, and structural problems Upgrade recreation facilities and equipment so they meet current health and safety standards Remove graffiti Install restrooms at community parks, where needed Create new multi-purpose sports fields for soccer, baseball, softball, and lacrosse Attract a 4-year University to Chula Vista Create new outdoor sports courts for tennis, pickleball, basketball, and volleyball % Respondents Strongly favor Somewhat favor Page 445 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2121 POSITIVE ARGUMENTS 36.3 38.4 43.1 39.9 38.7 33.2 37.2 38.9 38.7 34.7 30.6 28.1 40.7 34.2 28.5 29.9 30.5 34.8 30.0 28.3 28.1 30.3 29.0 31.1 0 10 20 30 40 50 60 70 80 90 100 Sales tax provides funding to fix streets, infrastructure, keep 911 equip, facilities up-to-date, keep parks, community centers in good repair; need to renew measure to avoid deep cuts in these areas Past 6+ yrs, City reinvested every dime of sales tax, fixing 300 streets, 150 storm drains, upgrading public safety equip, facilities, parks, community buildings; voting ‘yes’ will allow progress to continue By keeping city safe, clean, well-maintained, this measure will help protect property values, keep Chula Vista a special place to live City maintains 450+ mi of streets; measure will allow City to keep up w/ repairs, maintenance to streets, sidewalks, drains, pipes, facilities; if we don’t take care of it now, will be more expensive to repair in future Local funding measure is reason streets are in better condition than those in neighboring cities; voting yes on measure will allow City to continue fixing streets, keep them well-maintained Measure will improve local parks, rec facilities; high quality parks, rec facilities help keep kids healthy, active, away from drugs, gangs, crime Most sales tax generated locally goes to State of CA, County of San Diego, or SANDAG; measure ensures that a higher percentage of sales tax dollars stay here in Chula Vista, we have local control over how those funds are spent Measure will NOT raise your taxes; it simply extends sales tax approved by voters in 2016 for 10 more years to continue funding for important city services All money raised by measure will be used to fund essential services, facilities here in Chula Vista; by law, it can’t be taken away by State Measure includes a clear system of accountability including citizen oversight, independent audits, public disclosure of how all funds are spent A substantial amount of money raised by sales tax will come from people who visit community, but don’t live here; measure will make sure they pay their fair share for facilities and services they use while in city Measure costs just 50 cents for every 100 dollar purchased, food, medicine, many other essential items are excluded from the tax % Respondents Very convincing Somewhat convincing Page 446 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2222 INTERIM BALLOT TEST Prefer not to answer 0.2 Not sure 5.0 Definitely no 10.4 Probably no 8.5 Probably yes 29.2 Definitely yes 46.8 76% 19% Page 447 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2323 NEGATIVE ARGUMENTS 45.1 48.1 35.6 35.4 32.6 29.4 25.9 32.7 31.4 23.7 0 10 20 30 40 50 60 70 80 90 100 Residents are already paying too many taxes - including state, county, local sales taxes, school bonds, other taxes; enough is enough; we can’t afford to keep raising taxes Local businesses, residents were hit hard by pandemic, are now facing high gas prices, inflation; many are struggling to stay afloat; now is not time to raise taxes Chula Vista is an expensive place to live, especially for young families, seniors, those on fixed incomes; passing tax will make it even less affordable No guarantees on how funds will be spent, which means City can divert money to pet projects without any say from voters; we can’t trust City with tax dollars City employees are making too much money in salary, pensions, benefits - that’s the problem; City needs to tighten its belt before asking residents to pay more taxes % Respondents Very convincing Somewhat convincing Page 448 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2424 FINAL BALLOT TEST Definitely yes 38.4 Probably yes 31.1 Probably no 11.9 Definitely no 11.4 Not sure 7.1 Prefer not to answer 0.1 69% 23% Page 449 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2525 KEY CONCLUSIONS o Does a Measure P renewal appear to be feasible for November 2024? Yes . Positive Signs o Voters value the services they receive from the City and see opportunities for improvement o Strong natural support for proposed measure at current rate (72%) o Popular projects and services o Positive arguments resonate o All ballot tests are well above the simple majority (50%+1) required for passage of general tax, even after opposition arguments Challenges o Receptiveness to potential opposition arguments o High propensity voters are less supportive (-3%) o Unknowns: trajectory of economy, inflation, other measures o Electoral climate: Hyper -partisanship & statewide initiatives Page 450 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda 2626 o Snapshot in time, not a crystal ball o Service Priorities:Maintaining parks & recreation facilities, fixing potholes/street maintenance, repairing infrastructure, removing trash from public spaces, upgrading 911 equipment and facilities, addressing homelessness. o City Communications : Begin a conversation with the community to build awareness of ongoing infrastructure needs and consensus on a proposal. o Independent Campaign:Need to have solid independent campaign to navigate through the election cycle, communicate key messages, turn out supporters, and weather uncertainties. OBSERVATIONS & RECOMMENDATIONS Page 451 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Ballot Measure Planning Voter Survey Election Timing Tax Rate Political Landscape Non-Advocacy Communication Existing comms Informational mailers / digital ads Internal and external audiences Seek feedback Refine proposal Community readiness? Ballot Resolution/ Ordinance 75 words Projects & Programs Ballot Argument & Signers Official Vote (>88 days before Election) Volunteer leaders Fundraising Website/Social Endorsements Grassroots Lawn Signs Mailers Digital Ads Get Out the Vote © 2023 We are Here Nov 2024 election: Council Action Summer 2024 Page 452 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda Approve Agreement with TeamCivX RECOMMENDATION Page 453 of 453 City of Chula Vista - City Council January 23, 2024 Post Agenda