HomeMy WebLinkAbout2024.04.24 PC Post Agenda Packet
Date:Wednesday, April 24, 2024
Time:6:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Planning Commission Regular Meeting
Watch live in English and Spanish: chulavistaca.gov/boardmeetings
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______________________________________________________________________________
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SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Chair.
- Three minutes* for specific items listed on the agenda
- Three minutes* for items NOT on the agenda (called to speak during Public Comments)
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*Individuals who use a translator will be allotted twice the amount of time.
Pages
1.CALL TO ORDER
2.ROLL CALL
Commissioners Burroughs, Combs, Felber, Leal, Torres, Zaker, and Chair De
La Rosa.
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.PUBLIC COMMENTS
Persons may address the Commission on any subject matter within the
Commission’s jurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Commission from discussing or taking action on any
issue not included on the agenda, but, if appropriate, the Commission may
schedule the topic for future discussion or refer the matter to staff. If you wish to
speak on any item, please fill out a "Request to Speak" form and submit it to the
Secretary prior to the meeting or submit an electronic comment per the
instructions on page one of this agenda.
5.PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by
law. If you wish to speak on one of these items, please fill out a "Request to
Speak" form and submit it to the Secretary prior to the meeting or submit an
electronic comment per the instructions on page one of this agenda.
5.1 Amend Chula Vista Municipal Code Title 19 (Planning and Zoning) To
Update and Add Chapters Related to the Production of Affordable
Housing and Associated Policies for Low- and Moderate-Income
Households
4
Recommended Action:
Conduct a public hearing and recommend the City Council of the City of
Chula Vista adopt an ordinance: amending Chula Vista Municipal Code
Title 19 (Planning and Zoning) Chapter 19.90 (Affordable Housing
Incentives) and Section 19.58.460 (Objective Design Standards for
Qualifying Multifamily Residential and Mixed-Use Projects); and creating
Chapter 19.91 (Inclusionary Housing), Chapter 19.93 (Residential For-
Sale Affordable Unit Requirements), and Chapter 19.94 (Marketing,
Application, Lottery, and Waitlist Requirements for Affordable Rental
Housing Projects).
6.ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by
the Commission and are expected to elicit discussion and deliberation. If you
wish to speak on any item, please fill out a "Request to Speak" form and submit
it to the Secretary prior to the meeting or submit an electronic comment per the
instructions on page one of this agenda.
City of Chula Vista Planning Commission
April 24, 2024 Agenda Page 2 of 84
6.1 Approval of Meeting Minutes 76
Recommended Action:
Commission approve minutes dated March 27, 2024 and April 10, 2024.
6.2 Written Communication 84
Communication from Commissioner Burroughs requesting an excused
absence from the April 10, 2024 Planning Commission meeting.
Recommended Action:
Commission approve the absence.
7.DIRECTOR'S REPORT
8.CHAIR'S COMMENTS
9.COMMISSIONERS' COMMENTS
10.ADJOURNMENT
to the regular meeting on May 8, 2024, at 6:00 p.m.
Materials provided to the Planning Commission related to any open-session
item on this agenda are available for public review by contacting the
Development Services Department at pc@chulavistaca.gov.
City of Chula Vista Planning Commission
April 24, 2024 Agenda Page 3 of 84
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April 24, 2024
ITEM TITLE
Amend Chula Vista Municipal Code Title 19 (Planning and Zoning) to Update and Add Chapters Related to
the Production of Affordable Housing and Associated Policies for Low- and Moderate-Income Households.
Location: No specific geographic location.
Recommended Action
Conduct a public hearing and recommend the City Council of the City of Chula Vista adopt an ordinance:
amending Chula Vista Municipal Code Title 19 (Planning and Zoning) Chapter 19.90 (Affordable Housing
Incentives) and Section 19.58.460 (Objective Design Standards for Qualifying Multifamily Residential and
Mixed-Use Projects); and creating Chapter 19.91 (Inclusionary Housing), Chapter 19.93 (Residential For-Sale
Affordable Unit Requirements), and Chapter 19.94 (Marketing, Application, Lottery, and Waitlist
Requirements for Affordable Rental Housing Projects).
SUMMARY
This item consists of a suite of housing-related amendments to Chula Vista Municipal Code (CVMC) Title 19
(Planning and Zoning). The proposed amendment to CVMC Chapter 19.90 (Affordable Housing Incentives)
would bring the City into conformance with the current version of the State Density Bonus Law. The
proposed creation of Chapter 19.91 (Inclusionary Housing) would codify and update the City’s longstanding
Balanced Communities Policy, which requires new residential projects to set aside 10% of the units as
affordable to low- and moderate-income households. And an amendment to Section 19.58.460 (Objective
Design Standards for Qualifying Multifamily Residential and Mixed-Use Projects) would align that section
with the proposed updates to CVMC Chapters 19.90 and 19.91.
Additionally, long-standing practices would be codified by the addition of proposed Chapter 19.93
(Residential For-Sale Affordable Unit Requirements) which outlines the buyer selection criteria and
establishes the requirement for a Value Recapture Agreement of for-sale affordable units and proposed
Chapter 19.94 (Marketing, Application, Lottery, and Waitlist Requirements for Affordable Rental Housing
Projects) outlines marketing and leasing requirements as well as a preference system for affordable housing
applicants.
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HOUSING IMPACT STATEMENT
No housing units are proposed as part of the project; however, the proposed amendment would provide
incentives to applicants using density bonus and assist in increasing the supply of housing through changes
to the inclusionary requirements.
ENVIRONMENTAL REVIEW
The Director of Development Services reviewed the proposed legislative action for compliance with the
California Environmental Quality Act (CEQA) and determined that the action qualifies for the “common
sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves updates,
modifications, and organizational changes to the CVMC relating to section titles, definitions, groups covered
under density bonus, percentages, etc. Based on an analysis of the nature and type of these procedural and
clerical changes to the CVMC, there is a certainty that there is no possibility that the action may have a
significant effect on the environment.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On October 25, 2023 the Housing and Homeless Advisory Commission provided input on the proposed
conceptual changes to the Density Bonus Ordinance, Inclusionary Policy, and associated in-lieu fee. The
Commission provided an advisory recommendation by a vote of 5-0 to approve staff’s recommendations,
however recommended that no additional parking concessions be offered beyond state law allowances (this
section was subsequently removed from the proposal).
On January 24, 2024 the Housing and Homeless Advisory Commission provided input on the proposed
adoption of regulations for marketing/leasing of affordable units and for-sale affordable homebuyer. The
Commission provided an advisory recommendation by a vote of 5-0 to approve staff’s recommendations.
DISCUSSION
Since 1969, California has required that all local governments adequately plan to mee t the housing needs of
everyone in the community. Cities are provided with a Regional Housing Needs Allocation (RHNA) of the
anticipated housing unit need at a variety of affordability levels and must adopt Housing Elements as part of
their General Plan to show how the jurisdiction will meet local housing needs.
The City of Chula Vista’s 2021-2029 Housing Element (the “Housing Element”), adopted on July 13, 2021 and
amended on September 13, 2022, identified the need for 11,105 new units to be created in the City to
accommodate anticipated population growth and set goals to adopt or update a variety of housing policy
tools to better position the City to meet these goals. The set of ordinance updates are being proposed in
accordance with specific commitments made in the Housing Element, as follows:
• Implementing Program 3.4, the City committed to reviewing and updating its Balanced Communities
Policy within 36 months of adoption of the Housing Element.
• Implementing Program 3.6, the City committed to updating its Affordable Housing Incentives chapter
to remain consistent with State law within 24 months of Housing Element adoption.
• Implementing Program 4.1, the City committed to affirmatively furthering fair housing through a
range of actions such as promoting the equitable distribution of affordable housing throughout the
City.
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The proposed Chapters 19.93 and 19.94 are also consistent with the Housing Element’s fair housing goals
and will help ensure that affordable housing can be accessed by all demographic groups within Chula Vista.
The proposed actions, if approved, would fulfill the commitments made in the Housing Element and help
ensure that a variety of housing options are available throughout the community. Over the past ten months
a robust engagement process was undertaken to ensure stakeholders and the public provided input into all
proposed amendments to Title 19, as detailed in Table I.
Table I – Housing Policy Engagement Opportunities
Topic Stakeholders Involved Dates of Engagement
Prototypes for Market
Analysis
BIA
Development Oversight Committee June 2023
Draft Concept Changes Virtual Stakeholder & Public Meetings
Housing & Homeless Advisory Commission
October 10 & 11, 2023
October 25, 2023
1st Draft Ordinances
BIA
Development Oversight Committee
Housing Website
January/February 2024
2nd Draft Ordinances Virtual Stakeholder & Public Meeting March 12, 2024
Amending CVMC Chapter 19.90 (Affordable Housing Incentives)
In order to increase the supply of “affordable housing units” throughout California, the State adopted an
Affordable Housing Law (Government Code Section 65589.5) and a Density Bonus Law (Government Code
Section 65915) in 1979. Many subsequent amendments were made in the years that followed. The most
significant amendments went into effect in January 2005 (SB 1818), January 2021 (AB2345), and January
2023 (AB2334). Density Bonus Law provides financial incentives – i.e., additional market rate units and
modification of development standards – to developers if they build a specified amount of affordable housing.
State Density Bonus Law has become a powerful tool for encouraging developers to provide affordable
housing in their projects. The allowance of additional units beyond what the zoning may allow can offset the
cost of including affordable units in a project. Additionally, development standards, such as height, setbacks,
parking, etc. can be waived, allowing for ease in the development process.
The State Density Bonus Law has been consistently updated annually since 2016. Cities are required to have
a Density Bonus Ordinance that is consistent with or surpasses State law, Chula Vista adopted CVMC Chapter
19.90, “Affordable Housing Incentives” (“Chapter 19.90”) via Council Ordinance No. 3250 in 2013, but the
constant changes to the law make it difficult to keep the ordinance up to date. Every time an ordinance is
changed, City Council approval is required, which can use many hours of staff time.
As such, Policy 3.6 of the 2021-2029 Housing Element identified updating CVMC 19.90 as a priority to comply
with State Law. As proposed, this item would amend Chapter 19.90 to defer to State law, and renames
Chapter 19.90 to “Density Bonus”, reference proposed redlined amendments in Attachment 2.
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Adding CVMC Chapter 19.91 (Inclusionary Housing)
Inclusionary zoning or housing policies, tap the economic gains from rising real estate values to create
affordable housing opportunities for low- or moderate-income households by creating a set of local rules or
a local government initiative that encourages or requires the creation of affordable housing units, or the
payment of fees for affordable housing investments when new development occurs. Throughout the United
States various jurisdictions have adopted inclusionary zoning policies, with over 170 in California alone.
Adopted in the 1981 Housing Element as the Balanced Communities Policy, Chula Vista has been a leader in
the state in creating affordable units through inclusionary housing. Throughout the years various case law
has placed barriers on production, but effective January 1, 2018 California authorized the legislative body of
any city or county to adopt an inclusionary housing ordinance that includes residential rental units
affordable to lower- and moderate-income households (Government Code Section 65850).
The City’s policy has been relatively unchanged since 1981, requiring that any new construction of 50 units
or more provide 10% of them for affordable households (5% moderate- and 5% low- income) and has
allowed alternative compliance. In 2005 an in-lieu fee was established and in 2012 Balanced Communities
Guidelines were adopted to provide better clarity to the policy, establish incentives for providing lower
threshold units, and adopt specific measures to adjust to market conditions. The guidelines have been
updated a few times, with the most recent on September 13, 2022 to remove variances and exceptions to
requirements in western Chula Vista.
Policy 3.4 of the 2021-2029 Housing Element identified reviewing the Balanced Communities/Inclusionary
Policy for its feasibility in making progress towards the low- and moderate-income RHNA allocations for the
City. The review was to include opportunities to increase the affordable requirement, lowering the threshold
of applicability, adopting an Inclusionary Housing Ordinance, and revising the in-lieu housing fee, based upon
findings and recommendations of a feasibility analysis. In addition to the review of the obligations, the
Housing Element contemplated potential alternatives to new construction of units, including off-site
construction, land dedication, preservation of 'at risk' housing, and in-lieu fees (except on sites designated
to accommodate housing for very low- and low-income households for RHNA).
In the spring of 2023 Housing staff contracted with RSG to conduct a feasibility analysis, draft an inclusionary
ordinance, and take part in the coordinated outreach effort detailed previously in Table I.
Attachment 3 provides a full breakdown of the current policy and proposed changes that were presented to
stakeholders. While several options were considered over the 10-month process, as detailed, based on
stakeholder feedback and feasibility analysis, most aspects of the Balanced Communities Policy were left
unchanged. Written comments submitted from stakeholders on the final proposal have also been provided
in Attachment 3.
The most significant elements of the proposed ordinance include:
• Reducing the threshold for inclusionary requirements from 50 units of new residential construction
to 10 units or more;
• Maintaining the affordable requirement to 10% of units (5% low- and 5% moderate-income);
• Altering the in-lieu fee to a square footage basis and applying different rates to for-sale and rental
products; and
• Providing better clarity to alternative options of compliance.
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The Inclusionary Housing Ordinance, as proposed in Attachment 4, would go into effect on June 1, 2024 for
any new residential application received that is not otherwise already obligated by a Developer Agreement
and/or Sectional Planning Area Plan if City Council approves such in May.
Amending CVMC Section 19.58.460 (Objective Design Standards for Qualifying Multifamily
Residential and Mixed-Use Projects)
Administrative amendments, proposed in Attachment 5, to Section 19.58.460 are needed to align with
amendments of Chapter 19.90 and the addition of Chapter 19.91, and remove redundant or outdated
information.
Adding CVMC Chapter 19.93 (Residential For-Sale Affordable Unit Requirements)
To provide consistency in the implementation of affordable homeownership opportunities, Council Policy
No. 453-02 via Council Resolution No. 2003-492 was established and has subsequently been amended, most
recently on August 21, 2013, via Council Resolution No. 2013-154, establishing the procedures and
guidelines for the development of affordable for sale housing for first-time low- and moderate- income
buyers.
The Residential For-Sale Affordable Unit Requirements in the form of an ordinance is proposed to
substantiate the policy, as Attachment 6. The ordinance will outline the buyer selection criteria and establish
the requirement for a Value Recapture Agreement for for-sale affordable units. The ordinance shall apply to
any development of for-sale affordable units within the City, unless otherwise regulated by other funding
sources. The City’s Value Recapture Agreement will ensure that the unit shall remain affordable to the buyer
as long as they reside in the unit, while ensuring the public benefit of the affordable program upon resale.
Rather than recording resale restrictions against the property, upon resale, the City will collect the full
amount of the difference between the affordable sale price and the market price at the time of the initial sale.
In addition to resale, a transfer, cash-out refinance, change in title, or use of the property for rental housing
may also trigger value recapture by the City. The proceeds of such value recapture will be recycled into loans
to new first-time homebuyers or for future rental projects. In this way, the City will invest the recaptured
funds to pass on new affordable housing opportunities in Chula Vista. In staff’s experience, recycling the
funds through a Value Recapture Agreement is a more efficient and effective process than enforcing resale
restrictions.
More detailed guidance to implement the ordinance will be provided via administrative guidelines, to be
published separately on the City’s website. Such guidelines will describe the income verification
requirements of homebuyers, the formula for calculating the equity share agreement, and other
administrative details consistent with the purpose of the ordinance, much of which is in the current Council
Policy.
Adding CVMC Chapter 19.94 (Marketing, Application, Lottery, and Waitlist Requirements for
Affordable Rental Housing Projects)
For several years the City has overseen the process of initial lease-ups for affordable units when they City is
a party to a Regulatory Agreement. The City is bringing forth an ordinance regulating the marketing and
leasing of affordable housing in order to set standards in accordance with industry best practices and align
City requirements with State and federal laws such as Title VI of the Civil Rights Act of 1964, the Federal Fair
Housing Act, and California’s Fair Employment and Housing Act. While the proposed ordinance will align
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with past practices, the proposed ordinance will provide greater focus on assisting those already in our
community.
Narrow or informal marketing efforts such as locally distributed flyers and word-of-mouth advertising may
limit the ability of the public to be informed about leasing opportunities. Similarly, tenant selection practices
such as first-come, first-served waitlists may unfairly advantage one demographic group or applicants with
a personal connection to the Developer or management agent. To mitigate concerns and promote equity in
the process, the City has been requiring that affordable housing owners with Regulatory Agreements with
the City, carry out robust marketing efforts, with special outreach to groups least likely to apply for such
housing, and select tenants via a randomized lottery.
Examples of best practices that the proposed ordinance would encourage would include advertising to a
diverse range of demographic groups, providing clear information about accommodations for disabilities,
and adopting procedures for addressing grievances and complaints by applicants or tenants. Such practices
would ensure a smooth, fair, and transparent process for the leasing and management of affordable housing.
The proposed ordinance, in Attachment 7, would also put forth a preference system for affordable housing
applicants. A similar system has been used by City staff in Regulatory Agreements with developers in the
past, with two new added preferences in italics below:
• First preference would be given to Chula Vista residents displaced due to government action or
individuals referred by the City’s Department of Housing and Homeless Services that are currently receiving
program services.
• Second preference would be given to Chula Vista residents subject to a no-fault just cause terminations of
tenancy under Chula Vista Municipal Code Chapter 9.65.
• Third preference would be given to Chula Vista residents and workers.
• Fourth preference would be given to all other eligible members of the general public.
Such a preference system would help prioritize the needs of Chula Vista’s most vulnerable residents and
ensure that Chula Vista residents benefit from new production of affordable housing, while still ensuring
access for the general public.
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 Planning Commission members do not create a disqualifying
real property- related financial conflict of interest under the California Political Reform Act (Cal. Gov’ t. Code
§ 87100, et seq.).
Staff is not independently aware and has not been informed by any Planning Commission member, of any
other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
FISCAL IMPACT
There is no current fiscal year or ongoing fiscal impact to the General Fund or Development Services Fund
as a result of the adoption and implementation of the proposed ordinances.
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CONCLUSION
Staff recommends that the Planning Commission adopt the resolutions and recommend the City Council
adopt the ordinances amending CVMC Title 19 (Planning and Zoning) Chapter 19.90 (Affordable Housing
Incentives), adding CVMC Chapter 19.91 (Inclusionary Housing), amending CVMC Section 19.58.460
(Objective Design Standards for Qualifying Multifamily Residential and Mixed-Use Projects), and adding
CVMC Chapter 19.93 (Residential For-Sale Affordable Unit Requirements) and 19.94 (Marketing, Application,
Lottery, and Waitlist Requirements for Affordable Rental Housing Projects). The proposed chapters and
chapter amendments will bring the City into conformance with State law, meet two specific goals and align
with other commitments made in the Housing Element.
ATTACHMENTS
1. Planning Commission Resolution
2. Draft Amendment to CVMC Chapter 19.90 “Density Bonus” (formerly “Affordable Housing
Incentives”)
3. Attachment 3 - Existing Balanced Communities Policy, RSG Proposed Recommendations, & Public
Comment
4. Draft CVMC Chapter 19.91 “Inclusionary Housing”
5. Draft Amendment to CVMC Section 19.58.460 “Objective Design Standards for Qualifying Multifamily
Residential and Mixed-Use Projects”
6. Draft CVMC Chapter 19.93 “Residential For-Sale Affordable Unit Requirements”
7. Draft CVMC Chapter 19.94 “Marketing, Application, Lottery, and Waitlist Requirements for
Affordable Rental Housing Projects”
Staff Contact: Chris Stanley, Senior Planner
Brian Warwick, Housing Manager
Stacey Kurz, Director of Housing & Homeless Services
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City of Chula Vista Planning Commission
April 24, 2024 Agenda
RESOLUTION NO. 2024-08
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING AMENDMENTS TO CHULA VISTA
MUNICIPAL CODE (CVMC) TITLE 19 (PLANNING AND ZONING)
CHAPTER 19.90 (AFFORDABLE HOUSING INCENTIVES) AND
SECTION 19.58.460 (OBJECTIVE DESIGN STANDARDS FOR
QUALIFYING MULTIFAMILY RESIDENTIAL AND MIXED-USE
PROJECTS) AND THE ADOPTION OF CHAPTER 19.91
(INCLUSIONARY HOUSING), CHAPTER 19.93 (RESIDENTIAL FOR-
SALE AFFORDABLE UNIT REQUIREMENTS), AND CHAPTER 19.94
(MARKETING, APPLICATION, LOTTERY, AND WAITLIST
REQUIREMENTS FOR AFFORDABLE RENTAL HOUSING PROJECTS).
WHEREAS, necessary amendments and additions to the Chula Vista Municipal Code
(CVMC) have been identified to help with the production of affordable housing, clarify
processes/regulations, and comply with State Law; and
WHEREAS, staff presented the draft code amendment concepts to the Housing and
Homeless Advisory Committee, which recommended adoption; and
WHEREAS, the Director of Development Services reviewed the proposed legislative
action for compliance with the California Environmental Quality Act (CEQA) and determined that
the action qualifies for the “common sense” exemption under State CEQA Guidelines Section
15061(b)(3). The action involves updates, modifications, and organizational changes to the CVMC
relating to section titles, definitions, groups covered under density bonus, percentages, etc.
Furthermore, the action of updating and modifying the CVMC with procedural and clerical
changes will not result in an intensification of uses or a change in development potential within
the City above what already is permitted under the existing land use and zoning policies of the
CVMC that are being updated. Based on an analysis of the nature and type of these procedural and
clerical changes to the CVMC, there is a certainty that there is no possibility that the action may
have a significant effect on the environment; and
WHEREAS, a hearing time and place was set by the Planning Commission to consider the
CVMC amendments and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, at least ten (10) days prior to the
hearing;
WHEREAS, the Planning Commission held a duly noticed public hearing to consider said
code amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and the hearing was thereafter closed.
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, in
substantial form, to CVMC Chapter 19.90 and Section 19.58.460 and adoption of Chapter 19.91,
Chapter 19.93, and Chapter 19.94, related to the production of affordable housing for the City.
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Planning Commission Resolution 2024-08
April 24, 2024
Page 2
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 Chula
Vista Municipal Code (CVMC) identified in this Resolution qualifies for the “common sense”
exemption under State CEQA Guidelines Section 15061(b)(3). The action involves only updates
and modifications to the CVMC, including section titles, definitions, groups covered under density
bonus, percentages, etc. Furthermore, the action of updating and modifying the CVMC with
procedural and clerical changes will not result in an intensification of uses or a change in
development potential within the City above what already is permitted under the existing land use
and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and
type of these procedural and clerical changes to the CVMC, there is a certainty that there is no
possibility that the action may have a significant effect on the environment.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City
Council.
Presented by Approved as to form
By:
Stacey Kurz for Marco A. Verdugo
Director of Housing & Homeless Services City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24th day of April 2024, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Michael De La Rosa, Chair
ATTEST:
_______________________
Mariluz Zepeda, Secretary
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April 24, 2024 Agenda
ATTACHMENT 2
1
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE (CVMC) TITLE 19
(PLANNING AND ZONING) CHAPTER 19.90
(AFFORDABLE HOUSING INCENTIVES)
WHEREAS, California Government Code Section 65915 et seq. (“State Density Bonus
Law”) is a state law granting developers the ability to develop housing at greater intensity than
would otherwise be allowed by local land use regulations; and
WHEREAS, municipal governments are required by State Density Bonus Law to adopt
local implementing ordinances; and
WHEREAS, Chula Vista’s local implementing ordinance, codified in Chula Vista
Municipal Code (“CMVC”) Chapter 19.90 (Affordable Housing Incentives), now requires
amending to remain consistent with recent changes to State Density Bonus Law; and
WHEREAS, State Density Bonus Law is amended frequently by the legislature of the
State of California, and therefore amending Chula Vista’s density bonus law to defer to State
Density Bonus Law wherever possible will reduce the frequency of future amendments to CVMC
Chapter 19.90; and
WHEREAS, the planned amendments to CVMC Chapter 19.90 were presented to the
Housing and Homeless Advisory Committee in concept at their October 25, 2023 meeting, which
recommended adoption; and
WHEREAS, the Director of Development Services reviewed the proposed legislative
action for compliance with the California Environmental Quality Act (“CEQA”) and determined
that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section
15061(b)(3). The action involves updates, modifications, and organizational changes to the CVMC
relating to section titles, definitions, groups covered under density bonus, percentages, etc.
Furthermore, the action of updating and modifying the CVMC with procedural and clerical
changes will not result in an intensification of uses or a change in development potential within
the City above what already is permitted under the existing land use and zoning policies of the
CVMC that are being updated. Based on an analysis of the nature and type of these procedural and
clerical changes to the CVMC, there is a certainty that there is no possibility that the action may
have a significant effect on the environment; and
WHEREAS, the Planning Commission held an advertised public hearing on the subject
Ordinance and voted _____ to adopt Resolution No. ______, and thereby recommends that the
City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the subject CVMC
amendments and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City, at least ten (10) days prior to the hearing.
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ATTACHMENT 2
2
NOW THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
The City Council of the City of Chula Vista finds that the proposed amendments to the
CVMC identified in this Ordinance No. qualifies for the “common sense” exemption under
State CEQA Guidelines Section 15061(b)(3). The action involves updates, modifications, and
organizational changes to the CVMC relating to section titles, definitions, groups covered under
density bonus, percentages, etc. Furthermore, the action of updating and modifying the CVMC
with procedural and clerical changes will not result in an intensification of uses or a change in
development potential within the City above what already is permitted under the existing land use
and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and
type of these procedural and clerical changes to the CVMC, there is a certainty that there is no
possibility that the action may have a significant effect on the environment.
Section I. The Chula Vista Municipal Code Chapter 19.90 (Affordable Housing Incentives)
is hereby amended, in entirety, as follows:
Chapter 19.90
DENSITY BONUS
Section:
19.90.010 Purpose
19.90.020 Applicability
19.90.030 Density Bonus Allotment
19.90.040 Density Bonus Development Standards
19.90.050 Affordability Restrictions
19.90.060 Application Requirements and Review
19.90.070 Density Bonus Agreement
19.90.080 Agreement Processing and Administrative Fee
19.90.090 Savings Clause
19.90.010 Purpose
The City of Chula Vista declares that the provision of housing in a suitable living environment for
all residents is a priority of the highest order and is consistent with State, regional and national
policies. The purpose of this chapter is to provide incentives for the production of affordable
housing in accordance with those contained in California Government Code Section 65915 (“state
density bonus law”). Terms and provisions not contained in this Chapter shall be defined in state
density bonus law.
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This Chapter is intended to materially assist the housing industry in providing adequate and
affordable shelter for all economic segments of the community and to provide a balance of housing
opportunities throughout the City. It is intended that this Chapter facilitate the development of
affordable housing development projects and implement the goals, objectives and policies of the
City of Chula Vista General Plan Housing Element.
Nothing in this Chapter shall be construed to supersede or in any way alter or lessen the effect or
application of the California Coastal Act.
19.90.020 Applicability
The provisions of this Chapter shall apply to a housing development as defined in state density
bonus law.
19.90.030 Density Bonus Allotment
A housing development shall be entitled to receive a density bonus and incentives, concessions,
waivers, or reductions of development standards as set forth in state density bonus law.
19.90.040 Density Bonus Development Standards
A. Concurrent Development. Affordable units shall be constructed concurrently with market-rate
units unless both the City and the developer agree within the density bonus agreement to an
alternative schedule for development.
B. Location and Dispersal of Units. Affordable units and density bonus units shall be built on site
(within the boundary of the proposed development) and dispersed throughout the housing
development subject to the review and approval of the City; notwithstanding the foregoing, the
City may allow affordable units to be provided in a separate structure if it is determined that such
an arrangement is necessary to secure an allocation of Low Income Housing Tax Credits or other
affordable housing financing.
C. Bedroom Unit Mix. The housing development shall include a mix of affordable units (by
number of bedrooms) consistent with the unit mix of market-rate units.
D. Compliance with Development Standards and Codes. Density bonus projects shall comply with
all applicable development standards, except those which may be modified as an
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incentive/concession or will have the effect of physically precluding the construction of a
development providing the affordable units at the permitted density.
E. Design Consistency. The design and appearance of the affordable units shall be consistent or
compatible with the design of the market-rate units in terms of appearance, materials, and finish
quality.
F. Amenities. Residents of affordable units shall be permitted the same access to project
amenities and recreational facilities as market rate units.
19.90.050 Affordability Restrictions
The occupancy, rent, and income limitations and time periods of restriction of the same for housing
developments using the density bonus shall be as set forth in state density bonus law.
19.90.060 Application Requirements and Review
A. Preliminary Application. A developer proposing a density bonus project pursuant to state
density bonus law may submit a preliminary application prior to the submittal of any formal
request for approval. Developers are encouraged to schedule a preapplication conference with
designated staff of the Development Services Department and Housing and Homeless Services
Department to discuss and identify potential application issues, including prospective incentives
or concessions.
B. Application. The developer shall submit a density bonus application, which will be treated as a
part of any other required development application, which shall set forth set forth the requested
density bonus, incentives, concessions, waivers and/or reductions of development standards. The
proposed housing development may require other project development applications (e.g., tentative
map, parcel map, design review, conditional use permits). Under such circumstances, the density
bonus application shall be processed concurrently.
C. Approval of an Application. When a project involves a request for a density bonus, incentives,
concessions, waivers or reductions of development standards, the decision-making body shall
make a written finding that the project is consistent with the provisions of this chapter, as part of
the approval of the development applications. The approval shall take place prior to final map
approval, if applicable. If no additional development applications are required, the application shall
be approved prior to the execution of the density bonus agreement. The granting of an incentive,
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concession, waiver, or reduction of development standards shall not, in and of itself, require a
General Plan, local coastal plan, or zoning amendment or any other discretionary approval.
D. Denial of Application. In rejecting such development applications, the decision-making body
shall make written findings in compliance with Government Code Section 65589.5(b) and based
upon substantial evidence in the record.
19.90.070 Density Bonus Agreement
A. Execution of Agreement. Housing developments obtaining a density bonus shall execute a
density bonus agreement with the City.
B. Recordation. Following execution of the density bonus agreement by all parties, the completed
density bonus agreement shall be recorded against the housing development senior to all monetary
liens. Recordation shall occur concurrently with the final map recordation, or where a map is not
being processed, prior to issuance of building permits for such parcels or units. The density bonus
agreement shall be binding in all future owners and successors in interest to the housing
development.
C. Provisions. The following terms are required in the density bonus agreement:
1. Number of Units. The total number of units, the number of density bonus units, and the
number of affordable units approved for the housing development.
2. Term of Affordability. The number of years the occupancy and affordability restrictions
for affordable units remain in place.
3. Phasing Schedule. A schedule of production and occupancy of affordable units, if
applicable.
4. Incentives, Concessions, Waivers, and/or Reductions in Development Standards. A
description of the incentives, concessions, waivers, and/or reduction in development
standards.
5. Operation and Maintenance. The rules and procedures for qualifying tenants,
establishing affordable rent, filling vacancies, operating and maintaining affordable units
for qualified tenants.
6. Ongoing Monitoring. Provisions requiring developers to demonstrate compliance with
this chapter.
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7. Initial Sale. Where applicable, terms and conditions governing the initial sale of for-sale
affordable units in compliance with Chapter 19.93 Residential For-Sale Affordable
Housing.
8. Initial Lease. All affordable rental projects shall comply with Chapter 19.94 Marketing,
Application, Lottery, and Waitlist Requirements for Affordable Rental Housing Projects.
9. Remedies. A description of remedies for breach of the agreement by either party.
10. Other Provisions for Compliance. Other provisions as the City may require to ensure
implementation and continued compliance with this chapter and the state density bonus
law.
D. Inclusionary Housing Agreement. Projects that require both an inclusionary housing agreement
and density bonus agreement may be combined into one single housing regulatory agreement.
19.90.080 Agreement Processing and Administrative Fee
During the term of the density bonus agreement, the City will either directly or via one or more
third parties, review applications for affordable units and monitoring of such units. The City
Council may establish an administrative fee to fully recover the costs associated with such
administration and monitoring, the amount of which shall be established in the Master Fee
Schedule.
19.90.090 Savings Clause
A. If any provision of this chapter or the application thereof to any person or circumstances is held
invalid by a court of competent jurisdiction, the remainder of the chapter and the application of
the provision to other persons not similarly situated or to other circumstances shall not be affected
thereby.
B. Should any conflict exist between this chapter and any other land use ordinance, regulation,
resolution, policy or prior decision of the City, this chapter shall control all applicable land use
applications which do not have final approval on the effective date of this chapter.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
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any reason held to be, invalid, unenforceable or unconstitutional; by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City
of Chula Vista hereby declares that it would have adopted each section, sentence, clause or
phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences,
clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not
to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed
in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final
passage.
Section V. Publication.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall
cause the same to be published or posted according to law.
Presented by Approved as to form by
Stacey Kurz Marco A. Verdugo
Director of Housing & Homeless Services City Attorney
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April 24, 2024 Agenda
Presented By: RSG
RECOMMENDATIONS
Existing Policy Initial Policy
Recommendations
(Oct 2023)
Revised Policy
Recommendations
(Mar 2024)
Inclusionary Unit
Requirement 10% 10% 10%
Project Size
Threshold *
All new residential
development with
50 or more units
All new residential
development, with pro
rata in lieu fee for
fractional units
All new residential
development with
10 or more units
Ownership Housing
Affordability Mix
50% moderate- and
50% low-income
50% moderate- and
50% low-income
50% moderate- and
50% low-income
Rental Housing
Affordability Mix
50% moderate- and
50% low-income
30% moderate-, 30%
low-, and 40% very
low-income
50% moderate- and
50% low-income
ATTACHMENT 3
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BUILDING INDUSTRY ASSOCIATION
-----Of SAN DIEGO COUNTY
AFFILIATES
California Building
Industry Association
National Association
of Home Builders
March 22, 2024
Brian Warwick
Housing Manager
City of Chula Vista
276 Fourth Av enue
Chula Vista, CA 91910
Re: Revised Inclusionary Housing Ordinance Comments
Dear Brian ,
On behalf of the Building Industry Association of San Diego County (BIA), I'd like to
thank you for the opportunity to provide comments to the City of Chula Vista's (City)
revised draft amendments to the Inclusionary Housing Ordinance (Ordinance). We
appreciate the willingness by City staff to meet with the BIA and consider the initial
comments we provided last month. We also appreciate staff dedicating the time to host
another briefing to review the revised language and answer questions from our
members.
After review, we are generally supportive of the revised amendments to the Ordinance
but would like to provide the following two comments.
First, we ask the City heed caution in lowering the threshold for application of the
Ordinance from 50 units to 10 units. As mentioned previously, we believe this will
reduce opportunities for infill development projects, particularly in the western portions
of the City. Inclusionary requirements for small developments, and/or fractional in-lieu
fees, will increase the barrier to entry for families redeveloping their own properties to
build family wealth and significantly discourage infill development/redevelopment in
Chula Vista.
Second, in the future we believe the City may need to consider a cap on the application
of the in-lieu fee. Since the fee will now be on a square foot basis, if the City is not
seeing the development of family-sized homes, the in-lieu fee could be discouraging
construction of those homes. As you know, it's important the City have varying housing
options for its residents, and we want to ensure the City is not going to experience an
overdevelopment of one particular housing type.
We thank you for your willingness to work with the BIA in the development of this
Ordinance, and appreciate the amount of time staff has dedicated.
Sincerely,
Lori Holt Pfeiler
President & CEO
BUILDINC INDUSTRY ASSOCIATION OF SAN DIECO COUNTY
9207 Spectrum Center Blvd., Suite 770, San Diego, CA 92723-7407
P: (858) 450-7227 / www.biasandiego.org Page 21 of 84
City of Chula Vista Planning Commission
April 24, 2024 Agenda
HOME FED
C O R P O R A T I O N
Developing
Classic
New Communities
1903 WRIGHT PLACE, SUITE 220
CARLSBAD, CALIFORNIA 92008
www.homefedcorporation.com
(760) 918-8200 main
(760) 918-8210 fax
1
March 22, 2024
Brian Warwick
Housing Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Comments on the Revised Draft Inclusionary Housing Ordinance
Dear Brian,
HomeFed thanks the City for the opportunity to participate in the robust stakeholder engagement process
undertaken between July 2023 and March 2024 related to the updating the Inclusionary Housing Ordinance.
Staff’s iterative review of draft methodology, the ordinance, and the in-lieu fee structure with building industry
stakeholders, and the incorporation of revisions responding to stakeholder input is appreciated.
HomeFed invests significant time and resources in stakeholder participation with the City and crafting of
comments. As such, we especially appreciate the thoughtful ordinance updates staff integrated into the March
5, 2024 version that directly responded to key concerns from the development community.
Please accept this letter as supporting and reinforcing all comments in the letter from the Building Industry
Association submitted on March 22, 2024.
HomeFed supports City adoption of the March 5, 2024 version of the Inclusionary Housing Ordinance. We look
forward to continuing this important stakeholder relationship with the City to support a financially feasible and
sustainable development climate in Chula Vista.
We thank you for the opportunity to provide input and appreciate the time and effort staff has dedicated.
Sincerely,
Nicholle N. Wright, AICP
Community Development Project Manager
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1
Chris Stanley
From:Brian Warwick
Sent:Tuesday, April 16, 2024 10:05 AM
To:Chris Stanley
Subject:FW: Affordable Housing Changes
From: mkocci@att.net <mkocci@att.net>
Sent: Monday, March 18, 2024 11:55 AM
To: Stacey Kurz <SKurz@chulavistaca.gov>; Brian Warwick <bwarwick@chulavistaca.gov>
Cc: Maria Kachadoorian <mkachadoorian@chulavistaca.gov>; Tiffany Allen <TAllen@chulavistaca.gov>
Subject: Affordable Housing Changes
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
Stacey, I want to recognize the hard work you and the staff put in on the updates to the ordinance.
Brian did a great job shepherding us through the process.
Most notably we stake holders feel our concerns were understood, which is not always the case in other jurisdic Ɵons.
I have reservaƟons with lowering the exempt status to 10 as I think it will have a nega Ɵve effect on infill projects, but
Ɵme will tell.
Good job, and this in part, is why CV enjoys a responsible and responsive relaƟonship with the development community.
We recognize that we are partners with the City in shaping the future of Chula Vista.
Kevin O’Neill
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ATTACHMENT 4
1
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHULA VISTA MUNICIPAL CODE (CVMC) TITLE 19
(PLANNING AND ZONING) CHAPTER 19.91
(INCLUSIONARY HOUSING)
WHEREAS, the Balanced Community Policy was adopted in the 1981 Housing Element
as a way to create affordable units through inclusionary housing ; and
WHEREAS, in 2005 an in-lieu fee was established as an alternative means of compliance,
and in 2012 guidelines were established to provide better clarity to the policy, establish incentives
for providing lower threshold units, and adopt specific measures to adjust to market conditions ;
and
WHEREAS, California Government Code Section 65850 authorizes cities to adopt
inclusionary ordinances; and
WHEREAS, Policy 3.4 of the 2021-2029 Housing Element identified reviewing the
Balanced Communities/Inclusionary Policy for its feasibility in making progress to low- and
moderate-income Regional Housing Needs Allocation for the City; and
WHEREAS, in the spring of 2023 Housing staff contracted with a third-party consultant,
RSG, to conduct a feasibility analysis, hold multiple public stakeholder meetings, and draft an
inclusionary ordinance; and
WHEREAS, the proposed ordinance was presented in concept form to the Housing and
Homeless Advisory Committee, which recommended adoption; and
WHEREAS, the Director of Development Services reviewed the proposed legislative
action for compliance with the California Environmental Quality Act (“CEQA”) and determined
that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section
15061(b)(3). The action involves updates, modifications, and organizational changes to the Chula
Vista Municipal Code (“CVMC”). Furthermore, the action of updating and modifying the CVMC
will not result in an intensification of uses or a change in development potential within the City
above what already is permitted under the existing land use and zoning policies of the CVMC that
are being updated. Based on an analysis of the nature and type of these procedural and clerical
changes to the CVMC, there is a certainty that there is no possibility that the action may have a
significant effect on the environment; and
WHEREAS, the Planning Commission held an advertised public hearing on the subject
Ordinance and voted _____ to adopt Resolution No. ______, and thereby recommends that the
City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the subject CVMC
amendments and notice of said hearing, together with its purpose, was given by its publication in
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a newspaper of general circulation in the City, at least ten (10) days prior to the hearing.
NOW THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
The City Council of the City of Chula Vista finds that the proposed amendments to the
CVMC identified in this Ordinance No. qualifies for the “common sense” exemption under
State CEQA Guidelines Section 15061(b)(3). The action involves updates, modifications, and
organizational changes to the CVMC. Furthermore, the action of updating and modifying the
CVMC will not result in an intensification of uses or a change in development potential within the
City above what already is permitted under the existing land use and zoning policies of the CVMC
that are being updated. Based on an analysis of the nature and type of these procedural and clerical
changes to the CVMC, there is a certainty that there is no possibility that the action may have a
significant effect on the environment.
Section I. Amendment of CVMC Chapter 19.91 (Inclusionary Housing). The Chula Vista
Municipal Code is hereby amended as follows:
Chapter 19.91
INCLUSIONARY HOUSING
Section:
19.91.010 Determinations
19.91.020 Purpose
19.91.030 Definitions
19.91.040 Applicability and Exemptions
19.91.050 Inclusionary Requirements
19.91.060 Relationship to Density Bonus Provisions
19.91.070 Housing In-Lieu Fees
19.91.080 Alternative Compliance
19.91.090 Inclusionary Unit Development Standards
19.91.100 Inclusionary Housing Plan and Affordability Agreement
19.91.110 Petition for Waiver or Reduction
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19.91.120 Administration and Enforcement
19.91.010 Determinations
The City of Chula Vista declares that the provision of housing in a suitable living environment for
all residents is a priority of the highest order and is consistent with State, regional and national
policies. The goal of the City is to achieve a balanced community with housing available for
persons of all income levels. There exists within the City a shortage of housing that is affordable
to households of lower and moderate incomes. Federal and State housing finance subsidy programs
are not sufficient by themselves to satisfy these income housing needs. The City finds that the
housing shortage for households of lower and moderate income is detrimental to the public health,
safety, and welfare and, further, that it is a public purpose of the City to seek assistance and
cooperation from the private sector in making available an adequate supply of housing for persons
of all economic segments of the community.
19.91.020 Purpose
The purpose of this Chapter is to enhance the public welfare and assure the compatibility between
future housing development and the Housing Element of the City of Chula Vista General Plan
through increasing the production of housing units affordable to households of lower and moderate
incomes. It is the purpose of this Chapter to meet the City’s General Plan goals to expand the
supply of housing available to lower and Moderate-Income Households.
19.91.030 Definitions
A. “Affordability Agreement,” means a legally binding, written agreement between an
Applicant and the City, in form and substance satisfactory to the City Attorney, ensuring
compliance with the requirements of this Chapter.
B. “Affordable Housing Cost” shall be as currently defined in Section 50052.5 of the
California Health and Safety Code and any subsequent amendments or revisions.
C. “Affordable Rent” shall be as currently defined in Section 50053 of the California Health
and Safety Code and any subsequent amendments or revisions. Notwithstanding the foregoing, the
City or Housing Authority shall retain discretion to restrict units at Affordable Rents consistent
with the maximum rents as published annually by the California Tax Credit Allocation Committee
(“CTCAC”).
D. “Applicant” means one (1) or more person(s) or entity(ies) that applies for a Residential
Development in the City, regardless of whether the person(s) or entity(ies) have an ownership or
leasehold interest in the property on which the development is proposed.
E. “Community Care Facilities” means facilities, places or buildings which are maintained
and operated, subject to licensing by the California Department of Social Services, to provide
nonmedical residential care, which may include home finding and other services, for children
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and/or adults, including: the physically handicapped; mentally impaired, mentally disordered, or
incompetent; developmentally disabled; court wards and dependents; neglected or emotionally
disturbed children; the addicted; the aged. Community Care Facilities include continuing care and
retirement communities.
F. “Development Agreement” means an agreement entered into between the City and a
developer pursuant to California Government Code Section 65864 et seq.
G. “For-Sale” means any dwelling unit, including but not limited to a condominium,
townhome, other attached or detached single family dwelling unit, for which a parcel or tentative
and final map is required for the lawful subdivision of the parcel upon which the dwelling unit is
located for the creation of the unit in accordance with the Subdivision Map Act (California
Government Code Section 66410 et seq.).
H. “Health Care Facilities” means facilities, places or buildings other than hospitals which are
maintained and operated as a residence for patients and to provide long-term medical care,
including nursing homes, intermediate care facilities, extended care facilities, hospice homes, and
similar facilities which are licensed by the California State Department of Health Services, and
defined in Health and Safety Code, Section 1200, et seq., which may include a lab, radiology,
pharmacy, rehabilitation, and other similar services as accessory uses.
I. “Housing Authority” means the Chula Vista Housing Authority.
J. “Housing In-Lieu Fee” means a fee paid by an Applicant as an alternative to providing an
Inclusionary Unit or a fraction of an Inclusionary Unit.
K. “Inclusionary Unit” means a newly constructed “Rental” or “For-Sale” dwelling unit which
is: (1) provided (or caused to be provided) by an Applicant under the provisions of this Chapter;
(2) made available and occupied by a lower-, Low- or Moderate-Income Household, as required
under the provisions of this Chapter; (3) subject to occupancy and Affordable Rent for a period of
not less than 55 years, or Affordable Housing Cost or sales price controls for a period of not less
than 45 years, unless otherwise restricted through a value recapture agreement; (4) compatible with
the design of other units in the residential housing development of which it is part in terms of
exterior appearance, materials and quality finish; and (5) a similar unit type and bedroom mix to
the overall Residential Development.
L. “Low-Income Household” shall have the same definition as “lower income households” in
Section 50079.5 of the California Health and Safety Code and any subsequent amendments or
revisions.
M. “Low-Income Unit” means a unit restricted to a Low-Income Household and rented or sold
at an Affordable Rent or Affordable Housing Cost.
N. “Moderate-Income Household” shall have the same definition as “persons and families of
moderate income” in Section 50093 of the California Health and Safety Code and any subsequent
amendments or revisions.
O. “Moderate-Income Unit” means a unit restricted to a Moderate-Income Household and
rented or sold at an Affordable Rent or Affordable Housing Cost.
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P. “Rental” means a dwelling unit that is not a For-Sale dwelling unit.
Q. “Residential Development” means a project containing at least one residential unit,
including mixed use developments. For the purposes of this Chapter, a “Residential Development”
also includes a subdivision or Common Interest Development, as defined in Section 4100 of the
California Civil Code, approved by the City which consists of residential units or unimproved
residential lots and either a project to substantially rehabilitate and convert an existing commercial
building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as
defined in subdivision (d) of California Government Code Section 65863.4, where the result of the
rehabilitation would be a net increase in available residential units.
R. “Review Authority” means the individual or official City body which has the responsibility
and authority to review, and approve or disapprove, applications for land use entitlements.
S. “Single Room Occupancy Unit” is a residential unit with living space with a minimum
floor area of 150 square feet and a maximum of 400 square feet restricted to occupancy by no more
than two persons. Kitchen and bathroom facilities may be wholly or partially included in each
living space or may be fully shared.
T. “Very Low-Income Household” shall be as currently defined in Section 50105 of the
California Health and Safety Code and any subsequent amendments or revisions.
U. “Very Low-Income Unit” means a unit restricted to a Very Low-Income Household and
rented or sold at an Affordable Rent or Affordable Housing Cost.
19.91.040 Applicability and Exemptions
A. The inclusionary requirements of this Chapter apply to all Residential Developments where
the lots or units will be offered for sale or rent, including the residential component of mixed-use
developments.
B. Notwithstanding subsection A, to the following shall be exempt from this Chapter:
1. Projects that are not Residential Developments.
2. Any project for which the city enters into a Development Agreement pursuant to
California Government Code Section 65964 that provides inclusionary housing obligations
comparable to this Chapter and alternative community benefits or for any project that is
otherwise exempt under State law.
3. Units to be constructed pursuant to an agreement with the City or other local
government agency that restricts occupancy to Low- or Moderate-Income Households at
an Affordable Housing Cost for a period of not less than 55 years (or 45 years for ownership
units).
4. Homeless shelters, Community Care Facilities, Health Care Facilities, and Single
Room Occupancy Units.
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5. Dwelling units to replace previously existing dwelling units on the same lot, if the
previous dwelling units were demolished or destroyed within the last five years prior to the
date the building permit application for the replacement unit is submitted to the
Development Services Department.
6. Construction of accessory dwelling units as defined by California Government
Code Section 65852.2(j).
7. Home remodels and additions.
8. Density bonus units.
9. Mobile homes.
10. A residential project that was approved by the City prior to adoption of this Chapter.
Notwithstanding the foregoing, this Chapter shall apply to any residential project that
applies to modify its project after it has been approved by the City, and the modification
increases the density of the project. In that scenario, this Chapter shall only apply to the
additional units created by the modification.
19.91.050 Inclusionary Requirements.
A. Residential or mixed-use development projects with fewer than ten units shall not be
required to meet the provisions of this Chapter.
B. For residential or mixed-use development projects of ten or more For-Sale units, except
those projects complying with this Chapter in an alternative manner consistent with Section
19.91.080 below, 10% of the units shall be restricted For-Sale at an Affordable Housing Cost, as
follows:
1. The first Inclusionary Unit required by this Chapter shall be restricted For-Sale at
an Affordable Housing Cost to a Moderate-Income Household;
2. The second Inclusionary Unit required by this Chapter shall be restricted For-Sale
at an Affordable Housing Cost to a Low-Income Household;
3. All subsequent Inclusionary Units shall follow a similar order of distribution as
above such that, to the extent possible, 50% of Inclusionary Units will be restricted For-
Sale to Moderate-Income Households, and 50% to Low-Income Households.
C. For residential or mixed-use development projects of ten or more Rental units, except those
projects complying with this Chapter in an alternative manner consistent with Section 19.91.080
below, 10% of the units shall be restricted at an Affordable Rent, as follows:
1. The first Inclusionary Unit required by this Chapter shall be restricted as a
Moderate-Income Unit;
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2. The second Inclusionary Unit required by this Chapter shall be restricted as a Low-
Income Unit; and
3. All subsequent Inclusionary Units shall follow a similar order of distribution as
above such that, to the extent possible 50% of Inclusionary Units will be designated as
affordable to Moderate-Income Households, and 50% to Low-Income Households.
D. Fractional Inclusionary Units that may result from the application of these requirements
may be met by rounding up to provide an additional Inclusionary Unit consistent with this Section
19.91.050(C), or by paying a fractional Housing In-Lieu Fee as noted in Section 19.91.070.
E. If a proposed Residential Development project would result in the elimination of existing
deed restricted affordable housing units, the affordable units must be replaced on a one-for-one
basis with equally affordable deed restricted units with a new Affordability Agreement recorded
that results in resetting and making consistent the duration of affordability consistent with the
requirements of this Chapter.
19.91.060 Relationship to Density Bonus Provisions
An Applicant proposing Inclusionary Units, consistent with this Chapter 19.91, which also applies
for a density bonus, consistent with Chapter 19.90 of this code, may count units affordable to lower
or Moderate-Income Households toward both requirements, and shall be eligible to receive one or
more incentives or concessions, pursuant to California Government Code Section 65915.
Additional units allowed by the density bonus shall not be included in the total project units when
determining the proportion of required Inclusionary Units in a Residential Development.
19.91.070 Housing In-Lieu Fees
Developing the required Inclusionary Units within the Residential Development, as required under
Section 19.91.050, is preferred. However, as an alternative to those requirements, or for fractional
units that result from application of Section 19.91.050, the requirement may be satisfied as follows:
A. The Applicant may satisfy the on-site Inclusionary Unit requirements, or fractional unit
requirements, of Section 19.91.050 through payment of a Housing In-Lieu Fee in an amount that
shall be calculated using the fee schedule established by resolution of the City Council.
B. In accordance with this paragraph, the Applicant may satisfy the Inclusionary Unit
requirements of Section 19.91.050 by providing some of the required Inclusionary Units on-site
and paying a Housing In-Lieu Fee for any required Inclusionary Units that are not included in the
project. The amount of the Housing In-Lieu Fee shall be calculated by using the fee schedule
established by resolution of the City Council.
C. The full Housing In-Lieu Fee shall be paid to the City prior to the issuance of the first
building permit for the Residential Development project.
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D. Except as otherwise provided in this Chapter 19.91, all Housing In-Lieu Fees paid under
this Chapter shall be paid to the City and deposited into the Housing Inclusionary Fund maintained
by the City for use in producing, protecting, and preserving affordable housing, including site
acquisition, development, rehabilitation, or preservation of affordable housing, homelessness
prevention programs, first time homebuyer programs, or other affordable housing programs, and
for affordable housing program administration, either directly by the City or in partnership with
the Housing Authority or third-party affordable housing developers.
19.91.080 Alternative Compliance
The primary means of compliance with this Chapter shall be on-site Inclusionary Units or payment
of Housing In-Lieu Fees consistent with Sections 19.91.050 and 19.91.070. The City will consider
at its discretion certain alternatives to the provision of on-site Inclusionary Units or payment of the
Housing In-Lieu Fee including the provision of Inclusionary Units off-site, directly by Applicant
or through an agreement with a third party; dedication or conveyance of land; conversion of market
rate units to affordable; credit for naturally occurring affordable housing; preservation of at-risk
housing; or use of inclusionary credits. All alternative compliance measures must produce at least
the same number and affordability of units that would have been provided on-site and are subject
to review and approval by the City.
A. Inclusionary Units Provided Off-Site. An Applicant may provide (or may cause a third
party to provide) Inclusionary Units off-site (“off-site units”).
1. Inclusionary Units provided off-site must be located within one mile of the
development or located in an area within Chula Vista designated as “highest resource,”
“high resource,” or “moderate resource” according to opportunity maps published by the
California Tax Credit Allocation Committee at the time of permit application.
2. As part of the application submittal materials, if the Applicant itself will provide
the Inclusionary Units off-site, the Applicant shall submit evidence that the Applicant
owns, leases (pursuant to an executed a ground lease of at least the 55 years from the date
offsite units would be produced), or has an irrevocable option to purchase, the site where
the off-site Inclusionary Units are proposed to be located; alternatively, if Applicant enters
into an agreement with a third party to provide the Inclusionary Units off-site, then the
Applicant shall cause such third party to submit evidence that the third party owns, or has
an irrevocable option to purchase, the site where the off-site Inclusionary Units are
proposed to be located.
3. The City shall not issue a building permit for the Residential Development project
until the Inclusionary Units off-site, whether they are to be constructed by the Applicant or
third party, are under construction. Any agreement entered into by the Applicant and a third
party to construct Inclusionary Units off-site is subject to review and approval by the City
and must contain a clause that allows the City to enforce the rights in the agreement.
B. Land Dedication or Conveyance Alternative. An Applicant may offer to dedicate or convey
land to the City or Housing Authority, situated on-site or off-site.
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1. Land offered under this section must be within the City’s boundaries and must be
designated for a general plan land use which allows multifamily units.
2. The Applicant shall provide a financial analysis which demonstrates that the land
offered is suitable for affordable housing development in terms of size; location; general
plan land use designation; availability of sewer, water and transit services; absence of
toxics; absence of environmental constraints; site characteristics and surroundings. Staff
will recommend to the Review Authority whether the dedication should be accepted.
3. The Applicant shall also submit evidence that the Applicant owns, or has an
irrevocable option to purchase, the site proposed for dedication or conveyance.
4. Land conveyed under this section shall be used for the development of affordable
housing for households of lower income.
5. Land shall be identified and offered for dedication or conveyance at the time of
development application submittal. If the offer is accepted by the Review Authority, the
land must be donated to the City or Housing Authority no later than the date of approval
of the final subdivision map, parcel map or housing development application, and must
have all the permits and approvals, other than building permits, necessary for development
with the required number of Inclusionary Units.
6. Concentration Determination. Each site proposed to be dedicated or conveyed to
the City for construction of Inclusionary Units or proposed for one or more off-site
Inclusionary Units shall be evaluated as to whether the placement of such units will overly
impact an area with lower income units. If the site is within 1,000 feet of one or more
existing or approved developments in which more than 50 percent of the units are, or will
be, restricted to occupancy by households of lower incomes, impaction shall be found. The
Review Authority may override a determination of impaction by making findings that local
schools, services and adjacent uses will not be negatively impacted by the construction of
Inclusionary Units at the proposed site.
C. Conversion of Market Rate Units to Affordable. An Applicant may propose to convert
existing market rate units within the City to affordable units in an amount equal to or greater than
the required on-site inclusionary housing requirement, including any needed rehabilitation to
ensure compliance with building, health and safety standards. In considering such proposals, the
City will evaluate the public benefit to be gained from conversion, including the value of any rent
reductions, scope of building rehabilitation, and resolution of nuisance activities.
D. Preservation of At-Risk Housing. An Applicant may offer to purchase long term
affordability covenants on an existing deed restricted affordable housing project at imminent risk
of contract termination and conversion to market rate housing. The number of units preserved shall
be equal to or greater than the required on-site inclusionary housing requirement and an additional
55 years beyond the expiring covenant(s). For the purposes of this section, “imminent risk” shall
mean expiration of all affordability covenants within two years from the date of Applicant’s
proposal. Applicant must demonstrate that affordability covenants are unlikely to be renewed in
the absence of such action.
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E. Credit for Additional Affordable Units. If an Applicant completes construction on a site of
a greater number of affordable units than required by this Chapter, the additional units may be
credited towards meeting the requirements of this Chapter for a future project unless otherwise
regulated by a Sectional Planning Area Affordable Housing Plan. The Applicant may use credits
in a future project or transfer the credits in writing to another developer. Credits will only be
counted toward required affordable units with the same bedroom count, the same type (Rental or
ownership), and required affordability targets. The credits must be used within 10 years of
issuance. Projects which have received a density bonus, or which were constructed with an
allocation of low-income housing tax credits, tax-exempt bonds, or other public subsidy, shall not
be eligible for credits.
F. Incentive Credit. The City has a greater need for housing for Very Low- and Low-Income
Households. To encourage developers to provide for these households, the City can in effect
reduce the required affordable housing obligation when the Developer opts to provide Very Low-
or Low-Income Units rather than Low- or Moderate-Income Units that are required under Section
19.91.050. The incentive credit shall be calculated as follows:
1. A credit of 6.0 units will be applied for every For-Sale unit restricted at an
affordable cost for a Very Low-Income Household in lieu of a For-Sale Moderate-Income
Unit otherwise required, and a credit of 3.5 units will be applied for every Rental unit
restricted at an affordable cost for a Very Low-Income Household in lieu of a Rental
Moderate-Income Unit otherwise required.
2. A credit of 5.0 units will be applied for every For-Sale unit restricted at an
affordable cost for a Low-Income Household in lieu of a For-Sale Moderate-Income Unit
otherwise required, and a credit of 3.0 units will be applied for every Rental unit restricted
at an affordable cost for a Low-Income Household in lieu of a Rental Moderate-Income
Unit otherwise required.
3. A credit of 1.5 units will be applied for every For-Sale or Rental unit restricted at
an affordable cost for a Very Low-Income Household in lieu of a For-Sale Low-Income
Unit or Rental unit otherwise required.
19.91.090 Inclusionary Unit Development Standards
A. Subject to the review and approval of the City, all Inclusionary Units shall be:
1. Dispersed throughout the residential project;
2. Proportional, in number of bedrooms, to the market rate units;
3. Comparable to the market rate units included in the residential project in terms of
size, design, materials, finish quality, and appearance; and
4. Permitted the same access to project amenities and recreational facilities as market
rate units.
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B. Notwithstanding the foregoing, the City may allow Inclusionary Units to be provided in a
different manner in a separate structure if it is determined that such an arrangement is necessary
to secure an allocation of Low-Income Housing Tax Credits or other affordable housing financing.
C. Timing of Construction. All Inclusionary Units in a project shall be constructed concurrent
with, or before the construction of the market rate units. If the City approves a phased project, a
proportional share of the required Inclusionary Units shall be provided within each phase of the
residential project.
D. Accessory dwelling units shall not be counted towards meeting a project’s inclusionary
requirements.
E. Units for Sale. All properties offering For-Sale Inclusionary Units shall abide by Chapter
19.93 to offer the units at affordable prices.
F. Rental Units.
1. Time Limit for Inclusionary Restrictions. A Rental Inclusionary Unit shall remain
restricted to the target income level group at the applicable Affordable Rent for fifty-five
(55) years.
2. Certification of Renters. The owner of any Rental Inclusionary Units shall certify
to the City, on a form provided by the City, the income of the tenant at the time of the initial
Rental and annually thereafter.
3. Forfeiture. Any lessor who leases an Inclusionary Unit in violation of this Chapter
shall be required to forfeit to the City all money so obtained. Recovered funds shall be
deposited into the Housing Inclusionary Fund.
4. All properties offering Rental Inclusionary Units shall abide by Chapter 19.94
regarding Affordable Housing Marketing and offer the units at affordable prices.
G. General Prohibitions.
1. No person shall sell or rent an Inclusionary Unit at a price or rent in excess of the
applicable Affordable Housing Cost or Affordable Rent placed on the unit in accordance
with this Chapter.
2. No person shall sell or rent an Inclusionary Unit to a person or persons that do not
meet the income restrictions placed on the unit in accordance with this Chapter.
3. No person shall provide false or materially incomplete information to the City or to
a seller or lessor of an Inclusionary Unit to obtain occupancy of housing for which that
person is not eligible.
H. Principal Residency Requirement.
1. The owner or lessee of an Inclusionary Unit shall reside in the unit as such person’s
principal residence except as may be otherwise required due to active military deployment,
medical reasons, or other hardship, subject to the City’s review and approval
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2. No owner or lessee of an Inclusionary Unit shall lease or sublease, as applicable,
an Inclusionary Unit without the prior permission of the City.
19.91.100 Inclusionary Housing Plan and Affordability Agreement
A. The Applicant shall comply with the following requirements at the times and in compliance
with the standards and procedures in the City's regulations for the implementation of this
Chapter.
1. Inclusionary Housing Plan. Upon application to the City for discretionary approval which
would alter or vary from the requirements of this Chapter, an Applicant shall submit an
inclusionary housing plan detailing how the provisions of this Chapter will be implemented for
the proposed project. If the inclusionary housing plan includes alternatives to on-site units, then
the inclusionary housing plan shall be subject to the review and approval of the City Council.
All other inclusionary housing plans shall be subject to the approval of the City, subject to
appeal to the Planning Commission. Any such appeal shall be filed within ten working days of
the City’s decision.
2. Affordability Agreement. Prior to building permit issuance, an Applicant shall execute
And cause to be recorded an Affordability Agreement. Once the Residential Development
including Inclusionary Units has received its final discretionary approval, the Applicant shall
file an application, including payment of any processing and monitoring fees, with the
Development Services Department for approval and finalization of the Affordability
Agreement.
B. An Applicant for a project providing Inclusionary Units consistent with this Chapter, as well
as affordable units consistent with the provisions of Chapter 19.90 of this code, shall enter into a
single affordable housing agreement with the City.
C. Discretionary Approvals. No discretionary approval shall be issued for a project subject to
this Chapter until the Applicant has submitted an inclusionary housing plan.
D. Issuance of Building Permit. No building permit shall be issued for a project subject to this
Chapter unless the Department of Housing and Homeless Services has approved the inclusionary
housing plan, if such a plan is required by this Chapter, and any required Affordability Agreement
has been recorded encumbering the project site.
19.91.110 Petition for Waiver or Reduction
An Applicant may request a waiver or reduction in the requirements of this Chapter 19.91,
provided that the Applicant provides evidence of economic hardship, such as inability to achieve
a reasonable commercial profit, which must be verified by an independent third-party, chosen by
the City, at the Applicant's sole cost. Such review would include a comparison of the Applicant's
projected costs and Rental/sale revenue assumptions with current market standards, including a
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market rate of return on cost. The waiver or reduction request may be processed ministerially by
the City Manager or designee, with the option of review and approval by the City Council.
19.91.120 Administration and Enforcement.
A. The City Council, by resolution, may from time to time adopt procedures, policies, rules,
guidelines, and requirements, including the adoption of processing and administrative fees, to
implement, administer, and/or enforce the provisions of this Chapter.
B. The City Manager or designee is authorized to determine the number of dwelling units
contained within a particular Residential Development, if a determination is needed to resolve a
disagreement. When a question arises regarding the meaning or interpretation of any provision of
this Chapter to any specific circumstances or situation, the City Manager or designee is authorized
to render a decision thereon in writing.
C. The City shall keep on file and available for public review a copy of the current income
schedules and utility allowances.
D. Any violation of this Chapter constitutes a misdemeanor and may be subject to the penalties
and remedial procedures set forth in this Code.
E. The provisions of this Chapter shall apply to all owners, Applicants, developers, their
agents, successors, and assigns that propose a Residential Development, occupy an Inclusionary
Unit, or both. All Inclusionary Units shall be sold or rented in accordance with this Chapter and
any regulations and administrative guidelines adopted pursuant to this Chapter.
F. Any individual who sells or rents an Inclusionary Unit in violation of the provisions of this
Chapter, the guidelines, or the Affordability Agreement shall be required to forfeit to the City all
monetary amounts obtained in violation of those provisions. Recovered funds shall be deposited
into the Housing Inclusionary Fund.
G. The City Attorney may institute any appropriate legal actions or proceedings necessary to
ensure compliance with this Chapter, including, but not limited to:
1. Actions to revoke, deny, or suspend any permit, including a building permit, certificate of
occupancy, or discretionary approval; and
2. Actions for injunctive relief or damages.
H. In any action to enforce this Chapter or an Affordability Agreement recorded hereunder, the
prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
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shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Stacey Kurz Marco A. Verdugo
Director of Housing & Homeless Services City Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE (CVMC) TITLE 19
(PLANNING AND ZONING) SECTION 19.58.460
(OBJECTIVE DESIGN STANDARDS FOR QUALIFYING
MULTIFAMILY RESIDENTIAL AND MIXED-USE
PROJECTS)
WHEREAS, due to the proposed amendment of the Chula Vista Municipal Code
(“CVMC”) Chapter 19.90 and addition of Chapter 19.91, amendments to Section 19.58.460 are
necessary to ensure that the section aligns with said chapters; and
WHEREAS, the Director of Development Services reviewed the proposed legislative
action for compliance with the California Environmental Quality Act (“CEQA”) and determined
that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section
15061(b)(3). The action involves updates, modifications, and organizational changes to the
CVMC. Furthermore, the action of updating and modifying the CVMC with procedural and
clerical changes will not result in an intensification of uses or a change in development potential
within the City above what already is permitted under the existing land use and zoning policies of
the CVMC that are being updated. Based on an analysis of the nature and type of these procedural
and clerical changes to the CVMC, there is a certainty that there is no possibility that the action
may have a significant effect on the environment; and
WHEREAS, the Planning Commission held an advertised public hearing on the subject
Ordinance and voted _____ to adopt Resolution No. ______, and thereby recommends that the
City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the subject CVMC
amendments and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City, at least ten (10) days prior to the hearing.
NOW THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
The City Council of the City of Chula Vista finds that the proposed amendments to the
CVMC identified in this Ordinance No. qualifies for the “common sense” exemption under
State CEQA Guidelines Section 15061(b)(3). The action involves updates, modifications, and
organizational changes to the CVMC. Furthermore, the action of updating and modifying the
CVMC with procedural and clerical changes will not result in an intensification of uses or a change
in development potential within the City above what already is permitted under the existing land
use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature
and type of these procedural and clerical changes to the CVMC, there is a certainty that there is no
possibility that the action may have a significant effect on the environment.
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Section I. The Chula Vista Municipal Code Section 19.58.460 (Objective Design Standards
for Qualifying Multifamily Residential and Mixed-Use Projects) is hereby amended as follows:
19.58.460 Objective design standards for qualifying multifamily residential and mixed-use
projects.
A. Intent. To provide the public, professionals, and decision-makers with the City’s
objective criteria for approval of multi-family residential and mixed-use projects
containing two or more residential units that meet the applicable requirements of California
Government Code Section 65913.4. Subject to California Government Code Section 65915
as applicable, these objective design standards, which involve no personal or subjective
judgment as further specified in California Government Code Section 65913.4(a)(5), shall
be interpreted as requirements rather than general guidelines. All multi-family residential
and mixed-use projects applying under the Housing Accountability Act (California
Government Code Section 66300) protections and other ministerial project review under
state law, shall comply with the provisions under this section. Projects must also comply
with all applicable objective zoning code requirements within this title including but not
limited to height, setbacks, and floor area ratio, and any applicable California Building
Code requirements.
B. Building Architecture.
1. Through the verification of colors and materials on architectural plans or drawings,
buildings shall be designed with the same approach to form and massing, roof design,
wall and window design, and materials and colors on all elevations. No particular
architectural style is required; however, high quality architecture is encouraged.
2. Buildings at and over three stories tall must have walls that recess a minimum three
feet, at least every 100 feet of wall length, to provide relief along the wall plane.
3. Entirely blank walls are not allowed. A minimum of two architectural details from
the following list shall be provided on all building facades at minimum every 50 feet
of street frontage:
a. Windows;
b. Trellises;
c. Balconies;
d. Differentiation in exterior material;
e. Awnings.
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4. All street corners shall be enhanced to provide a tower element or an additional
architectural detail (list above) to make it distinct from the rest of the building.
5. Where buildings are proposed adjacent to a single-family residential zone,
windows, balconies or similar openings shall be oriented so as not to have a direct line-
of-sight into adjacent units or onto private patios or back yards adjoining the property
line. This can be accomplished through one of the following techniques:
a. Upper story stepback;
b. Window placement;
c. Use of glass block or opaque glass;
d. Placement of mature landscaping, or vertical landscaping (such as the use
of columnar-shaped plants) within the rear or side setback areas.
6. Roof design shall be of a single style and slope throughout the project. On a
building with a pitched roof, no portion of the main roof shall be flat.
7. Roof lines shall be vertically articulated, at least every 50 feet along the street
frontage, through the use of one or more of the following architectural elements:
a. Parapets;
b. Varying cornices;
c. Reveals;
d. Clerestory windows;
e. Varying roof height and/or form.
C. Site Design.
1. Where buildings front along a street, residential units shall have a ground-level
primary building entry facing the primary street. Along buildings not located facing a
primary street, front entryways of units shall be oriented to face common open space
areas such as landscaped courtyard, plaza, or paseo.
a. For mixed-use projects, commercial/office unit entrances shall be oriented
to the street, a parking area, or an interior common space. Additionally,
community leasing offices do not count towards the commercial requirements.
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For the purposes of this section, commercial uses are also open for unit residents
and the general public.
2. Covered and uncovered parking areas, as well as parking structures, shall be
screened from public street frontages. Screening may be accomplished through
building placement, landscaping, fencing, or some combination thereof. Where
landscaping is used for screening purposes, it shall be no less than four feet tall. Fencing
shall comply with subsection (H) within this section.
3. All pedestrian walkways shall be a minimum of four feet in width.
D. Affordable Housing. Projects with inclusionary units shall comply with the applicable
requirements set forth within CVMC Section 19.91.090. Additionally, projects using
density bonus shall comply with the CVMC Section 19.90.040.
E. Open Space.
1. Common open space are amenities to the surrounding community in addition to
required public parkland, and shall meet following criteria:
a. Developed with recreational uses, including both passive (landscaping)
and active amenities (tot lots, picnic areas, etc.)
b. Consist of large areas that are not fragmented by unrelated uses or
improvements.
c. A minimum of 200 square feet of usable open space per dwelling unit
shall be provided. In addition, it shall have a linear dimension no less than 10
feet.
2. Private open space for residential units can take the form of yard area, porches,
verandas, courtyards, patios, and balconies. The total amount provided shall be in
accordance with the following, based on unit sizes:
a. Multi-family with one bedroom: 60 square feet;
b. Multi-family with two bedrooms: 80 square feet;
c. Multi-family with three or more bedrooms: 100 square feet;
d. Each additional bedroom over three: 20 additional square feet.
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F. Parking.
1. The Project shall comply with the off-street parking ratio requirements set forth in
CVMC Sections 19.62.010 through 19.62.130. If the project is using density bonus, the
developer may request the parking ratio set forth in California Government Code
Section 65915.
2. Parking shall not be located between the building frontage and a public sidewalk.
3. Additionally, parking areas for more than five vehicles shall be effectively
screened by a minimum of 10-foot-wide landscaped strip and a masonry wall or fence
of acceptable design between the parking area and the public right-of-way. This strip
shall effectively screen the parking lot from the public right of way to a minimum
height of three-and-a-half feet. Any approved combination of planting mounds, walls,
and/or decorative features, which are visually compatible with the proposed
development and the surrounding neighborhood, may be utilized.
a. Every 10 parking stalls shall include a landscaped area with one (1) tree
and a minimum width of five (5) feet.
4. Any carports adjacent to a single-family residential zone, parking lot areas and
carports shall not be located along the single-family neighborhood street frontages.
Additionally, the design of carports shall match the Project’s overall design theme.
5. Bike Parking. The minimum number of spaces provided shall be 10 percent of the
total residential units. Additionally, an inverted “U” bike rack shall be the type of space
provided, and, shall not be separated from building entrances by a road, parking area,
or structure.
G. Walls and Fences.
1. The following standards apply to walls and fences:
a. Walls shall be architecturally treated on both sides and incorporate
landscaping.
b. Brick, slump stone, tile, textured concrete, stucco on masonry or steel
framing, wrought iron, tubular steel fencing, solid decorative walls, or other
material walls which require little or no maintenance are required.
c. Wall caps are to be incorporated as a horizontal design element at the top
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of walls and should not exceed four inches vertical.
d. Plain concrete block walls and chain link fencing are not permitted.
H. Landscaping. All landscaping shall conform to the requirements as specified in the
City’s Landscaping Manual, Design Manual, Shade Tree Policy, and Water Conservation
Ordinance, and as approved by the Director of Development Services, or designee.
I. Lighting.
1. All structures, entries, parking areas, refuse enclosures, active outdoor/landscape
areas, and pedestrian pathways shall include overnight lighting for safety and security.
2. Lighting shall be recessed or hooded, downward directed, and located to illuminate
only the intended area. It shall not spill beyond the intended area and shall not extend
across a property line.
3. Timers and sensors shall be incorporated to avoid unnecessary lighting and avoid
unnecessary energy use.
J. Utilities and Trash Enclosure Areas.
1. Utilities, utility vaults, and all mechanical equipment (ground and roof-mounted)
shall be screened or hidden from view from the public street.
2. Trash enclosure areas shall be provided in accordance with CVMC 19.58.340.
3. Trash enclosures shall be constructed of the same primary wall material and color
as the most adjacent building within the development.
4. Enclosures shall be located in convenient but unobtrusive areas, well screened with
landscaping and positioned so as to protect adjacent uses from noise and odors.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be, invalid, unenforceable or unconstitutional; by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City
of Chula Vista hereby declares that it would have adopted each section, sentence, clause or
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phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences,
clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not
to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed
in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final
passage.
Section V. Publication.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall
cause the same to be published or posted according to law.
Presented by Approved as to form by
Stacey Kurz Marco A. Verdugo
Director of Housing & Homeless Services City Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHULA VISTA MUNICIPAL CODE (CVMC) TITLE 19
(PLANNING AND ZONING) CHAPTER 19.93 (RESIDENTIAL
FOR-SALE AFFORDABLE UNIT REQUIREMENTS)
WHEREAS, the City of Chula Vista strives to ensure the City supports varied housing
opportunities for the diverse needs of residents including the establishment of permanent
affordable housing opportunities for low- and moderate- income households; and
WHEREAS, Housing Policy 3.7 of the 2021-2029 Housing Element aims to “Increase
homeownership rates, particularly in the Northwest and Southwest Planning areas, as a means to
build individual wealth and stabilize existing residential neighborhoods”; and
WHEREAS, in order to provide consistency in the implementation of affordable
homeownership opportunities, Council Policy No. 453-02 via Council Resolution No. 2003-492
was established and has subsequently been amended, most recently on August 21, 2013 via
Council Resolution No. 2013-154, establishing the procedures and guidelines for the development
of affordable for sale housing for first-time low- and moderate- income buyers; and
WHEREAS, the two primary components of this development process include the
establishment of a loan, through a Second Trust Deed, between the Homebuyer and the City and
an equity share system based upon the Homebuyer’s length of occupancy; and
WHEREAS, the process ensures that the unit shall be affordable to the buyer while
maintaining the market value of the property through a Second Loan in favor of the City; and
WHEREAS the policy outlines the development guidelines, program requirements,
including underwriting criteria and the buyer selection criteria that shall pertain to any for-sale
development proposed to have affordable units within the City and not otherwise regulated by
other funding sources, inclusive of the City’s Inclusionary Housing program, Chula Vista
Municipal Code Chapter 19.91, and Density Bonus projects, Chula Vista Municipal Code Chapter
(“CVMC”) 19.90, that provide for-sale products.
WHEREAS, staff presented the conceptual draft code amendments to the Housing and
Homeless Advisory Committee, which recommended adoption at their January 24, 2024 meeting ;
and
WHEREAS, the Director of Development Services reviewed the proposed legislative
action for compliance with the California Environmental Quality Act (CEQA) and determined that
the action qualifies for the “common sense” exemption under State CEQA Guidelines Section
15061(b)(3). The action involves updates, modifications, and organizational changes to the
CVMC. Furthermore, the action of updating and modifying the CVMC with procedural and
clerical changes will not result in an intensification of uses or a change in development potential
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within the City above what already is permitted under the existing land use and zoning policies of
the CVMC that are being updated. Based on an analysis of the nature and type of these procedural
and clerical changes to the CVMC, there is a certainty that there is no possibility that the action
may have a significant effect on the environment; and
WHEREAS, the Planning Commission held an advertised public hearing on the subject
Ordinance and voted _____ to adopt Resolution No. ______, and thereby recommends that the
City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the subject CVMC
amendments and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the City, at least ten (10) days prior to the hearing.
NOW THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
The City Council of the City of Chula Vista finds that the proposed amendments to the
CVMC identified in this Ordinance No. qualifies for the “common sense” exemption under
State CEQA Guidelines Section 15061(b)(3). The action involves updates, modifications, and
organizational changes to the CVMC. Furthermore, the action of updating and modifying the
CVMC with procedural and clerical changes will not result in an intensification of uses or a change
in development potential within the City above what already is permitted under the existing land
use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature
and type of these procedural and clerical changes to the CVMC, there is a certainty that there is no
possibility that the action may have a significant effect on the environment.
Section I. Addition of CVMC Chapter 19.93 (Residential For-Sale Affordable Unit
Requirements). The Chula Vista Municipal Code is hereby amended as follows:
Chapter 19.93
RESIDENTIAL FOR-SALE AFFORDABLE UNIT REQUIREMENTS
Section:
19.93.010 Findings and Purpose
19.93.020 Promulgation of Administrative Regulations
19.93.030 Definitions
19.93.040 Program Requirements
19.93.050 Sale Terms and Value Recapture
19.93.060 Homebuyer Requirements
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19.93.010 Findings and Purpose
A. The purpose of this Chapter is to establish the procedures for the Development of
affordable for-sale housing for very low-, low- and moderate- Income buyers under various
programs within the City of Chula Vista, including Density Bonus Chapter 19.90 and Inclusionary
Housing Chapter 19.91.
B. The provisions of this Chapter shall apply to any Development which is satisfying its
affordable housing obligation to the City by providing for-sale Affordable Units, which are not
otherwise regulated by any other funding sources. Any Development satisfying its affordable
housing obligation by providing affordable for-sale Affordable Units within the City must comply
with this Chapter.
19.93.020 Promulgation of Administrative Regulations
A. The City Manager or designee is authorized to establish, consistent with the terms of this
Chapter, Administrative Regulations necessary to carry out the purposes of this Chapter.
Administrative Regulations shall be published on the City’s website and maintained and available
to the public in the Office of the City Clerk. Administrative regulations promulgated by the City
Manager or designee shall become effective and enforceable under the terms of this Chapter thirty
(30) days after the date of publication on the City’s website.
19.93.030 Definitions
Any term herein expressed in the plural may also apply to the singular. The following terms shall
have the meanings set forth herein:
A. “Administrative Regulations” means regulations that implement this Chapter authorized
by the City Manager or designee pursuant to Section 19.63.020
B. “Affordable Housing Cost” shall have the meaning set forth in California Health and Safety
Code Section 50052.5 and the attendant Administrative Regulations.
C. “Affordable Unit” means a unit restricted for sale to very low-Income, Low-Income or
Moderate-Income Households and sold at an Affordable Housing Cost.
D. “AMI” shall have the same meaning as “area median income” set forth in California Health
and Safety Code Section 50093.
E. “City” means the City of Chula Vista.
F. “Development” means a Project that contains residential dwelling units.
G. “Developer” means any person obligated to provide Affordable Units as part of a
Development.
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H. “Eligible Household” means any person meeting the criteria set forth in any City-imposed
requirements applicable to an Affordable Unit.
I. “Equity” means the difference between, the unrestricted fair market value of the Affordable
Unit on the date of the first resale of the Affordable Unit, as determined by an appraisal approved
by the City, minus the sum of: (i) the original unrestricted fair market value of the Affordable Unit
at the time of its acquisition by the Eligible Household, plus (ii) the actual costs of any City-
approved improvements to the Affordable Unit; and (iii) the down payment. If the foregoing
calculation of Equity results in a negative number, then the Equity shall be deemed to be zero.
J. “First-Time Homebuyer” means no member of the Household has had Ownership
anywhere, other countries included, during the three-year period prior to the date of application.
K. “Homebuyer” means the Eligible Household who has entered into a Value Recapture
Agreement with the City.
L. “Household” means all persons who have resided together for at least one year (expect in
the case of a newborn child) and will continue to reside in the residence being purchased. A
Household includes the related family members and all the unrelated people, if any, such as
lodgers, foster children, wards, or employees who share the housing unit.
M. “HUD” means the United States Department of Housing and Urban Development.
N. “Income” means the gross amount of all Income for all applicants and adult Household
members that is to be received during the coming twelve (12) months, as defined by HUD’s
technical guide for determining Income and allowances, including all Income derived from any
source, including but not limited to wages (gross pay), overtime, pensions, military service
connected disability/veteran’s compensation, bonuses, public assistance, social security Income,
alimony, child support, adoption support, foster care support, dividends and interest.
O. “Initial Benefit” means the difference between the sale price and the unrestricted fair
market value of the Affordable Unit at the time of purchase.
P. “Low-Income Household” or “Lower Income Households” has the same meaning as
“lower income households” set forth in California Health and Safety Code Section 50079.5, as
amended.
Q. “Moderate-Income Household” has the same meaning as “persons or families of low or
moderate income” set forth in California Health and Safety Code Section 50093, as amended.
R. “Ownership” means any of the following interests in residential real property: fee simple
interest, joint tenancy, tenancy in common, interest of a tenant-shareholder in a cooperative, life
estate interest held in trust for the applicant that would constitute a present Ownership interest if
held by the applicant. Ownership does not include a remainder interest, a lease with or without an
option to purchase, or any interest acquired on the execution of the purchase contract.
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S. “Principal Residence” means the primary home which all of all the Homebuyers reside in
for not less than ten (10) months out of each calendar year.
T. “Value Recapture Agreement” means an agreement by and between the City and the
Homebuyer recorded against the Affordable Unit in the official records of the County of San
Diego, which satisfies the requirements of this Chapter.
U. “Underwriting” means the process by which a lender determines whether an applicant is
eligible to receive a loan.
19.93.040 Program Requirements
A. Additional Developer Obligations. Each Developer shall satisfy the following requirements:
1. Developer shall meet the requirements of all other regulations, policies, laws and
programs applicable to the Affordable Units.
2. If the City Manager or designee adopts Administrative Regulations, Developer
shall meet the requirements of the Administrative Regulations.
3. Developer shall follow the priority system for determining eligible buyers set forth
in the Administrative Regulations.
4. The Developer shall provide information and disclosures to each Homebuyer
detailing the responsibilities of all the involved parties, including the lender, City,
Developer and Homebuyer.
B. Lenders. Developer may elect to designate a lender to assist with sales of the Affordable Units
to Homebuyers. Each lender providing funding to Homebuyers shall meet the requirements of the
Administrative Regulations.
1. Prospective Homebuyers must be pre-qualified by a lender, to purchase an
Affordable Unit. A Homebuyer may obtain permanent financing from any licensed
mortgage broker or lender of their choosing. Homebuyers shall notify City staff in
writing of their selected lender at least 30 days before escrow closing.
2. Each lender shall determine each Homebuyer’s eligibility to purchase an
Affordable Unit.
3. The Administrative Regulations shall establish basic Underwriting standards for
private loans in connection with Homebuyer acquisitions of Affordable Units. All loans
are subject to the City’s review and written approval.
4. All documents the lender is required to provide to the City under the Administrative
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Regulations shall be provided to the City a minimum of thirty (30) days prior to the
escrow closing date.
19.93.050 Sale Terms and Value Recapture
A. Purchase Price. In accordance with California Health & Safety Code Section 50052.5, the price
for lower Income units shall not exceed 30% of 70% of AMI, and for Moderate-Income
Households shall not exceed 30% of 110% of AMI.
B. Homebuyer Eligibility. All applicants must be First-Time Homebuyers and provide
documentation as proof of no Ownership.
C. Value Recapture and Equity Share. The City and each Homebuyer shall enter into a Value
Recapture Agreement that complies with the requirements of the program requiring the Affordable
Units and with the Administrative Regulations. The Value Recapture Agreement shall set forth the
Initial Benefit and the methodology for Equity sharing between the Homebuyer and the City. The
Equity share due to the City shall be as set forth in the Value Recapture Agreement. The Value
Recapture Agreement shall comply with California Government Code Section 65915(c)(2).
19.93.060 Homebuyer Requirements
A. Primary Residence. The Affordable Unit shall be the Principal Residence of the Homebuyer
during the entire term of the Value Recapture Agreement. The Homebuyer shall certify to the City
annually under penalty of perjury that the Affordable Unit is the Principal Residence of the
Homebuyer. The Affordable Unit may not be rented on a long-term or short-term basis while
subject to affordability restrictions.
B. Changes in Household Composition. The homeowner shall notify the City of any changes in
Household composition. The addition of any person to title to the Affordable Unit shall be subject
to the City’s advanced written approval. Any such approval shall be subject to confirmation that
the Household will continue to meet the requirements of the Value Recapture Agreement after the
addition of any persons.
C. Conveyances. Any sale, transfer, refinance, conveyance or change in title of the Affordable
Unit shall be subject to the City’s advanced written approval in the manner set forth in the attendant
Administrative Regulations.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
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Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
___________________________________ __________________________________
Stacey Kurz Marco A. Verdugo
Director of Housing & Homeless Services City Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 19.94 TO THE CHULA VISTA MUNICIPAL CODE
TO IMPLEMENT MARKETING, APPLICATION, LOTTERY,
AND WAITLIST REQUIREMENTS FOR AFFORDABLE
RENTAL HOUSING PROJECTS
WHEREAS, the City of Chula Vista strives to ensure the city supports varied housing
opportunities for the diverse needs of residents including the establishment of rental affordable
housing opportunities for very low-, low-, and moderate- income households; and
WHEREAS, in accordance with Title VI of the Civil Rights Act of 1964, the Federal Fair
Housing Act, California’s Fair Employment and Housing Act, and other applicable local, state,
and federal laws, residents or applicants for housing shall not be discriminated against on the basis
of race, color, religion, national origin, disability status, family status, veteran or military status,
gender or sexual orientation, source of income, or any other protected class or arbitrary
characteristic; and
WHEREAS, a key means of implementing fair housing policies is through the marketing
and selection of tenants in affordable housing; and
WHEREAS, to mitigate concerns and promote equity in the process, affordable housing
owners shall be required to carry out robust marketing efforts, with special outreach to groups least
likely to apply for such housing and select tenants via randomized lottery; and
WHEREAS, in order to provide consistency in the implementation of affordable rental
opportunities, the following ordinance provides a priority system to ensure those at greatest risk
of displacement and those already living or working within the City are prioritized for affordable
housing developments.
WHEREAS, necessary amendments to the Chula Vista Municipal Code (“CVMC”)
have been identified to set standards in accordance with industry best practices and align with
State and federal laws such as Title VI of the Civil Rights Act of 1964, the Federal Fair Housing
Act, California’s Fair Employment and Housing Act; and
WHEREAS, staff presented the draft code amendments to the Housing and Homeless
Advisory Committee, which recommended adoption; and
WHEREAS, the Director of Development Services reviewed the proposed legislative
action for compliance with the California Environmental Quality Act (CEQA) and determined that
the action qualifies for the “common sense” exemption under State CEQA Guidelines Section
15061(b)(3). The action involves updates, modifications, and organizational changes to the
CVMC. Furthermore, the action of updating and modifying the CVMC with procedural and
clerical changes will not result in an intensification of uses or a change in development potential
within the City above what already is permitted under the existing land use and zoning policies of
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the CVMC that are being updated. Based on an analysis of the nature and type of these procedural
and clerical changes to the CVMC, there is a certainty that there is no possibility that the action
may have a significant effect on the environment; and
WHEREAS, the Planning Commission held an advertised public hearing on the subject
Ordinance and voted _____ to adopt Resolution No. ______, and thereby recommends that the
City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the subject CVMC
amendments and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City, at least ten (10) days prior to the hearing.
NOW THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
The City Council of the City of Chula Vista finds that the proposed amendments to the
CVMC identified in this Ordinance No. qualifies for the “common sense” exemption under
State CEQA Guidelines Section 15061(b)(3). The action involves updates, modifications, and
organizational changes to the CVMC. Furthermore, the action of updating and modifying the
CVMC with procedural and clerical changes will not result in an intensification of uses or a change
in development potential within the City above what already is permitted under the existing land
use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature
and type of these procedural and clerical changes to the CVMC, there is a certainty that there is no
possibility that the action may have a significant effect on the environment.
Section I. Addition of CVMC Chapter 19.94 (Marketing, Application, Lottery, and
Waitlist Requirements for Affordable Rental Housing Projects). The Chula Vista Municipal Code
is hereby amended as follows:
Chapter 19.94
MARKETING, APPLICATION, LOTTERY, AND WAITLIST REQUIREMENTS FOR
AFFORDABLE RENTAL HOUSING PROJECTS
Section:
19.94.010 Purpose and Intent
19.94.020 General Applicability
19.94.030 Definitions
19.94.040 Marketing and Management Plan Review and Approval
19.94.050 Marketing to Prospective Tenants
19.94.060 Application Process
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19.94.070 Lottery and Waitlist
19.94.080 Priority Policy
19.94.090 Applicant Screening
19.94.100 Fees
19.94.110 Reasonable Accommodations
19.94.120 Record Retention
19.94.130 Right to Modify
19.94.010 Purpose and Intent
The purpose of this Chapter is to create clear and concise requirements for the marketing,
application, selection priorities, Lottery, and Waitlist processes for affordable rental housing
Projects in the City of Chula Vista.
19.94.020 General Applicability
The provisions of this Chapter shall apply to Projects subject to Restrictions.
19.94.030 Definitions
When used in this Chapter, the following words and phrases shall have the meanings ascribed to
them below. Words and phrases not specifically defined below shall have the meanings ascribed
to them elsewhere in this Code or shall otherwise be defined by common usage. For definitions of
nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall
be included. Any reference to any law, statute or regulation, is deemed to include any successor or
amended version of the such law, statute or regulation consistent with the terms of this Chapter.
A. “Applicant” means a person applying to lease a Restricted Unit.
B. “Lottery” means a Lottery to randomly select Applicants as set forth in this Chapter using
a methodology approved by the City Manager or designee.
C. “Low-Income Household” shall have the same definition as “lower income households” in
Section 50079.5 of the California Health and Safety Code.
D. “Marketing and Management Plan” means a document or documents approved by the City
Manager or designee, which meet all of the requirements of this Chapter and contain all of the
following, unless otherwise agreed in the discretion of the City Manager or designee:
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1. Identification of groups of people in need of special outreach efforts.
2. Identification of marketing outlets which will be utilized for advertising the Restricted
Units.
3. The timeframes and deadlines for advertising the Restricted Units.
4. The methodology for advertising to and communicating with persons who do not speak
English.
5. The procedures for and target date of the Lottery.
6. Tenant eligibility criteria, such as minimum and maximum household sizes, minimum and
maximum income limits, and Applicant’s rental history.
7. The procedure for submitting and reviewing grievances by and appeals of Applicants.
8. The procedure for submitting and reviewing requests for Reasonable Accommodations.
9. A list of grounds for denial of applications for Restricted Units.
10. A policy for review and processing of transfers of households between units, including as
a request for Reasonable Accommodations, changes in household composition, and other
circumstances.
11. The Project’s record retention policy.
12. Samples of potential advertisements.
13. A sample lease agreement for the Restricted Unit(s), which sample lease agreement shall
include the requirement that tenants are responsible for submitting documentation to the City
on an annual basis which proves such tenant’s continued eligibility to occupy the Restricted
Unit. Such provisions may be contained in a lease addendum or lease rider.
E. “Moderate-Income Household” shall have the same definition as “persons and families of
moderate income” in Section 50093 of the California Health and Safety Code.
F. “Owner” a person that owns a Project.
G. “Project” means real property subject to Restrictions.
H. “Reasonable Accommodation” has the meaning set forth in the Fair Housing Act (42
U.S.C. §§ 3601 – 3619).
I. “Restricted Unit(s)” means a dwelling unit or dwelling units which are occupancy
restricted pursuant to Restrictions.
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J. “Restrictions” means a document or instrument that meets both of the following
requirements: (i) the document or instrument restricts the occupancy of at least one residential
dwelling unit for occupancy by Very Low-Income Households, Low-Income Households, or
Moderate-Income Households; and (ii) and the City, Housing Authority, and/or Successor Agency
is a party to such document or instrument OR the City, Housing Authority, and/or Successor
Agency has the right to enforce such document or instrument OR the document or instrument is
made in favor of the City, Housing Authority, and/or Successor Agency.
K. “Very Low-Income Household” shall have the meaning set forth in Section 50105 of the
California Health and Safety Code.
L. “Waitlist” means a list of Applicants who were not selected to lease Restricted Units.
19.94.040 Marketing and Management Plan Review and Approval
A. Every Owner of a Project subject to a regulatory agreement effective on or after the
effective date of this ordinance shall submit a Marketing and Management Plan to the City for the
City’s review and approval or rejection. Each Project that did not obtain a certificate of occupancy
on or before July 1, 2024, shall submit a Marketing and Management Plan to the City not less than
ninety (90) days prior to issuance of a temporary certificate of occupancy for the Project.
B. The City shall accept or provide notice of any objections to each Marketing and
Management Plan. Such acceptance or objection shall be made in the discretion of the City
Manager or designee, provided that any objections shall be solely based upon a failure of the
Marketing and Management Plan to meet the requirements of this Chapter. If the City delivers a
notice of any objections, the Owner shall cause the Marketing and Management Plan to be revised
accordingly and shall resubmit the revised Marketing and Management Plan to the City for review
and approval as set forth in this Section.
C. The approved Marketing and Management Plan shall be binding upon the Owner. The
Owner shall comply with and follow the requirements, policies and procedures set forth in the
approved Marketing and Management Plan. The Marketing and Management Plan may be
amended from time to time by the Owner with the approval of the City Manager or designee.
19.94.050 Marketing to Prospective Tenants
A. The Marketing and Management Plan shall include two or more of the following methods
of advertising and marketing the Restricted Units, including at least one web-based method and at
least one offline method:
1. Distribution of City-approved flyers and blank applications to local organizations in
Chula Vista that service a wide range of prospective Applicants, such as social service
providers (e.g., food banks, legal-aid offices, emergency shelters, health clinics),
employers, advocacy organizations, city hall, and community gathering places such as
senior centers, recreation centers, libraries, schools, and places of worship.
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2. Creation and maintenance of a website with clear information about the availability of
the Restricted Units, tenant eligibility requirements, a description of the application process
and the deadline for submission of applications.
3. Advertising with local radio stations, newspapers, and newsletters.
4. Advertising in commonly used real estate websites, such as Zillow, Trulia, Craigslist
or Apartments.com.
5. Posting advertisements in public places, such as on buses, trains, and billboards.
6. Providing a leasing office where Applicants may submit applications and ask questions.
B. The Marketing and Management Plan shall include special outreach efforts to demographic
groups least likely to apply for the Restricted Units without special outreach efforts. “Least likely
to apply” means that there is an identifiable presence of a specific demographic group in Chula
Vista, the members of which are not likely to apply for Restricted Units without targeted outreach.
Reasons groups least likely to apply for the Restricted Units may include, but are not limited to,
insufficient information about housing opportunities, language barriers, or transportation
impediments Owners may utilize Department of Housing and Urban Development (HUD) Form
935.2A to identify demographic groups least likely to apply for Restricted Units. Outreach efforts
to demographic groups least likely to apply may include distributing flyers to organizations serving
people in demographic groups least likely to apply; posting flyers at grocery stores frequented by
people in demographic groups least likely to apply; publishing advertisements in languages spoken
by people in demographic groups least likely to apply; or providing marketing and advertising
materials in alternative formats for persons with disabilities.
C. Marketing efforts shall commence at least thirty (30) days prior to any Restricted Unit
being leased. The information on all marketing materials, including all flyers, websites,
advertisements, and other marketing materials, shall be subject to the review and approval of the
City Manager or designee.
D. Persons that seek additional information from the Owner shall be provided with the income
requirements for the Restricted Units, initial monthly rents for the Restricted Units, eligibility
criteria, Project and Restricted Unit amenities, accessibility features for persons with disabilities,
and a description of the Lottery process. The full Marketing and Management Plan shall be made
available to the public upon request.
19.94.060 Application Process
A. Applications for Restricted Units shall:
1. Be available for in person pick-up and on the internet.
2. Be accepted online and by mail or drop-off at a physical location.
3. Be accessible for pickup and drop-off outside of regular business hours, including
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evenings and weekends.
4. Be distributed and accepted for a period of no less than two weeks.
5. Describe the method to request a Reasonable Accommodation.
B. After receiving applications, Owner shall eliminate any duplicate applications,
substantially incomplete applications, and applications which fail to meet the application
requirements or requirements of the Restrictions.
19.94.070 Lottery and Waitlist
A. Selection of tenants of Restricted Units shall be made randomly by Lottery. The Lottery
may be held virtually or in person. The marketing and advertising materials shall include the
projected date and time of the Lottery. The City and members of the public may observe the
Lottery. The Owner shall record the Lottery proceedings and preserve the records confirming that
Applicants were selected randomly in conformance with the priorities set forth in Section
19.94.080.
B. Applicants selected for occupancy of a Restricted Unit shall be contacted by Owner using
the contact method set forth in the Applicant’s application. The Owner may set reasonable
deadlines for selected Applicants to submit income eligibility documentation and meet all
application and screening requirements.
C. Applicants who are not selected through the Lottery shall be placed on the Waitlist
maintained by Owner. Applicants may submit applications and join the Waitlist at any time. After
all Restricted Units are leased, then upon vacancy of each Restricted Unit, a new tenant of such
Restricted Unit shall be selected in the order set forth on the Waitlist. Waitlist Applicants shall be
contacted at least once every other year using the contact method set forth in the Applicants’
applications to determine whether such Applicants desire to maintain their status as Applicants.
Applicants who are no longer interested or do not respond shall be removed from the Waitlist. If
no persons are on the Waitlist, the Owner shall follow the advertising and marketing requirements
set forth in the Marketing and Management Plan and this Chapter and a new Lottery shall be held,
and a new Waitlist shall be created.
D. Special needs or supportive housing Projects may select Applicants via a referral system
approved by the City Manager or designee, such as a Coordinated Entry System (CES). Special
needs or supportive housing Projects that select Applicants via a referral system approved by the
City Manager or designee shall be exempt from this Chapter.
19.94.080 Priority Policy
A. The following levels of priority shall apply to all Applicants, subject in all circumstances
to applicable limitations imposed by law, including the Fair Housing Act. The following priorities
shall not be enforced where prohibited by law or any funder with respect to the Project.
1. First Priority.
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ATTACHMENT 7
8
(a) Applicants which are referred by the City of Chula Vista and actively engaged with
the Housing and Homeless Services Department; or
(b) Applicants which meet at least one of the following criteria: (i) Applicants
displaced from their primary residence of at least two years as a result of an action of
the City or any of its agencies, (ii) Applicants displaced from their primary residence
of at least two years as a result of a condominium conversion, (iii) Applicants displaced
from their primary residence of at least two years as a result of the expiration of
affordable housing covenants, or (iv) Applicants displaced from their primary
residence of at least two years as a result of closure of a mobile home or trailer park
community.
2. Second Priority. Applicants displaced from their primary residence as a result of a
no-fault just cause termination of tenancy from a rental unit subject to Chapter 9.65, if
such termination was noticed within two years of the date of application. Tenants shall
be required to provide proof of such termination in a form acceptable to the City to qualify
for such priority.
3. Third Priority.
(a) Applicants with at least one household member whose primary place of residence
is in Chula Vista; or
(b) Applicants with at least one household member who works within or has been hired
to work within the Chula Vista, as that person’s place of full-time employment; or
(c) Applicants with at least one household member who has received and accepted a
bona fide offer of employment within Chula Vista.
4. Fourth Priority. Any Applicants who do not meet the criteria for first priority,
second priority or third priority.
19.94.090 Fees
Application fees shall not be charged until the Applicant has been selected from the Lottery or
Waitlist.
19.94.100 Reasonable Accommodations
A. The Owner shall review and respond to all Reasonable Accommodation requests in a
timely manner and provide Reasonable Accommodations to eligible Applicants.
B. Applicants and tenants shall not be required to disclose any disability, except as may be
necessary to process a request for Reasonable Accommodation. Any such disclosures of disability
status shall be kept confidential, except as needed for compliance purposes.
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ATTACHMENT 7
9
19.94.110 Record Retention
Owner shall preserve records of all marketing efforts, Lottery proceedings, Waitlist data, denials
of applications, grievances and appeals, and other marketing and tenant screening records for a
minimum period of five years.
19.94.120 Right to Modify
The City Manager or designee may waive or permit deviations from any provision of this Chapter
in the discretion of the City Manager or designee.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
___________________________________ __________________________________
Stacey Kurz Marco A. Verdugo
Director of Housing & Homeless Services City Attorney
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Municipal Code Update:
Affordable Housing Production
1
Planning Commission
Item 5.1
April 24, 2024
Page 61 of 84
City of Chula Vista Planning Commission
April 24, 2024 Agenda
Overview
Amend Chula Vista Municipal Code (CVMC)
•Chapter 19.90 (Affordable Housing Incentives)
•Section 19.58.460 (Objective Design Standards)
Additions to CVMC
•Chapter 19.91 (Inclusionary Housing)
•Chapter 19.93 (Residential For-Sale Affordable Unit
Requirements)
•Chapter 19.94 (Marketing, Application, Lottery, and
Waitlist Requirements for Affordable Rental Housing
Projects)
Housing Element Commitments
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City of Chula Vista Planning Commission
April 24, 2024 Agenda
RHNA Obligations
Income Category
(% of County AMI)
6th Cycle Unit
Obligation Percent
Percent of
Affordable
Extremely and Very Low (<51%)2,750 25%43%
Low (51 to 80%)1,777 16%28%
Moderate (81 to 120%)1,911 17%30%
Above Moderate (> 120%)4,667 42%
Total 11,105
Source: City of Chula Vista Housing Element of the General Plan, adopted July 13, 2021.
Percentages are rounded. RHNA = Regional Housing Needs Assessment
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City of Chula Vista Planning Commission
April 24, 2024 Agenda
Housing Element Commitments
Action 3.4
•Review and update Balanced Communities Policy
(Inclusionary Housing) within 36 months of Housing
Element adoption
Action 3.6
•Update Chapter 19.90 (Density Bonus) within 24
months of Housing Element adoption
Action 4.1
•Affirmatively further fair housing
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City of Chula Vista Planning Commission
April 24, 2024 Agenda
Chapter 19.90 -Density Bonus
Proposed Amendments
State law (Gov’t Code Section
65915)
•Development incentives in
exchange for affordable units
•Amended frequently
Local Update to defer to State law
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City of Chula Vista Planning Commission
April 24, 2024 Agenda
Inclusionary Housing
History
1981
•Balanced Communities Policy
•Projects 50+ units, 10% affordable
2005
•In-lieu fee established
($12,422/market rate unit)
2012
•Administrative guidelines established
•Western Chula Vista exempted
2022 •Western Chula Vista exemption repealed
Goal: Provide affordable housing to meet population needs & distribute throughout the City.
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City of Chula Vista Planning Commission
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Chapter 19.91 -Inclusionary Housing
Stakeholder Engagement
•BIA
•Development Oversight CommitteeJune 2023
•Stakeholder & Public Meetings
•Housing & Homeless Advisory
Commission
October 2023
•BIA
•Development Oversight Committee
•City website
Jan/Feb 2024
•Stakeholder & Public Meeting
•City websiteMarch 2024
Prototypes for
Feasibility Study
Conceptual
Draft
1st Draft
Ordinances
2nd Draft
Inclusionary
Ordinance
Page 67 of 84
City of Chula Vista Planning Commission
April 24, 2024 Agenda
Chapter 19.91 -Inclusionary Housing
Proposal
Page 68 of 84
City of Chula Vista Planning Commission
April 24, 2024 Agenda
Chapter 19.91 -Inclusionary Housing
Review Methodology
•Reviewed historic and pipeline development,
zoning code and Sectional Planning Area plans
•Identified 5 typical development prototypes
•Analyzed development costs, revenue potential,
and projected profit (for-sale prototypes) and net
operating income (rental prototypes)
•Calculated funding gap from selling/renting at an
affordable price
•Considered developer feasibility based on profit
margin and yield on cost
•Developed a set of policy recommendations
Page 69 of 84
City of Chula Vista Planning Commission
April 24, 2024 Agenda
Chapter 19.91 -Inclusionary Housing
Alternative Methods of Compliance
•Off-site Affordable
•Land Dedication
•Market Rate Unit
Conversion
•Preservation of At-
Risk Housing
•Credit for Additional
Affordable Units
•Incentive Credits for
Deeper Affordability
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City of Chula Vista Planning Commission
April 24, 2024 Agenda
Section 19.58.460 -Objective Design Standards
Proposed Amendments
Minor clerical edits for consistency with State and
local municipal code (Density Bonus, Inclusionary)
Page 71 of 84
City of Chula Vista Planning Commission
April 24, 2024 Agenda
Chapter 19.93
For-Sale Affordable Unit Requirements
Codifies longtime Council Policy (453-02)
Details covered in Administrative Guidelines
Provides criteria for advertising and sale of
affordable homeownership units
Requires Value Capture Agreement
(Shared Appreciation Loan)
-City recycles principle + a portion of equity growth
-More efficient than resale restrictions
Page 72 of 84
City of Chula Vista Planning Commission
April 24, 2024 Agenda
Chapter 19.94
Marketing, Application, Lottery, and Waitlist
Requirements for Affordable Rental Housing
Title VI of the Civil Rights Act of 1964
Fair Housing Act
California's Fair Employment and Housing Act
Local PreferencesRobustOutreachLottery
Page 73 of 84
City of Chula Vista Planning Commission
April 24, 2024 Agenda
Chapter 19.94
Affordable Lottery Preferences
1st
•Chula Vista residents displaced due to government action; or
•Currently receiving program services & referred by Housing & Homeless Services.
2nd
•Received a no-fault termination of tenancy, within past 2 years, which was subject
to Chula Vista Municipal Code Chapter 9.65 (Residential Tenant Protection).
3rd
•Currently live or work in Chula Vista.
4th
•All other eligible members of the general public.
Page 74 of 84
City of Chula Vista Planning Commission
April 24, 2024 Agenda
RECOMMENDATION
Adopt a resolution recommending the City
Council adopt the proposed ordinances
approving amendments and additions to
Chapter 19 of the Municipal Code.
Page 75 of 84
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April 24, 2024 Agenda
1
City of Chula Vista
Regular Planning Commission Meeting
MINUTES
March 27, 2024, 6:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Commissioners
Present:
Commissioner Combs, Chair De La Rosa, Commissioner
Felber, Commissioner Leal, Vice Chair Torres, Commissioner
Zaker
Absent: Commissioner Burroughs
Also Present: Development Services Director Black, Development Services
Assistant Director Cass, Planning Manager Philips, Outside
Counsel Foley, Principal Civil Engineer Campos, Senior Planner
Ortuño, Principal Planner Donaghe, Fire Chief Muns, Emergency
Services Manager King, Secretary Zepeda
_____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 6:04 p.m.
2. ROLL CALL
Secretary Zepeda called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Commissioner Felber led the Pledge of Allegiance.
4. PUBLIC COMMENTS
There were none.
5. PUBLIC HEARINGS
5.1 Time Extension to Tentative Map PCS18-0006, for a Previously
Approved For-Sale, 141 Multi-Family Residential Unit Development
Located at 676 Moss Street (APN 618-010-31)
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2
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.
Principal Civil Engineer Campos gave a presentation on the item.
There were no members of the public who wished to speak.
Moved by Commissioner Felber
Seconded by Vice Chair Torres
Adopt a Resolution approving the requested two-year time extension to
Tentative Map PCS18-0006.
Yes (6): Commissioner Combs, Chair De La Rosa, Commissioner Felber,
Commissioner Leal, Vice Chair Torres, and Commissioner Zaker
Result: Carried (6 to 0)
5.2 Coastal Development Permit and Planned Sign Program for an
Existing Industrial Site on Approximately 8.72 Acres in the General
Industrial (IG) Zone of the Bayfront Specific Plan Located at 795 H
Street (APN: 571-330-35)
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.
Senior Planner Ortuño gave a presentation on the item.
Chair De La Rosa opened the public hearing. There being no members of
the public who wished to speak, Chair De La Rosa closed the public
hearing.
Moved by Commissioner Leal
Seconded by Commissioner Combs
Adopt a resolution approving Planned Sign Program No. PSP23 -0002 and
issue a Coastal Development Permit for its implementation based on the
findings and subject to the conditions contained therein.
Yes (6): Commissioner Combs, Chair De La Rosa, Commissioner Felber,
Commissioner Leal, Vice Chair Torres, and Commissioner Zaker
Result: Carried (6 to 0)
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April 24, 2024 Agenda
3
5.3 Amendments to the City of Chula Vista General Plan To Establish a
Safety Element by Consolidating and Updating Safety Goals and
Policies in Compliance With State Law.
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.
Principal Planner Donaghe gave a presentation on the item.
Chair De La Rosa opened the public hearing. There being no members of
the public who wished to speak, Chair De La Rosa closed the public
hearing.
Moved by Commissioner Zaker
Seconded by Commissioner Felber
To adopt a resolution recommending that the City Council establish a Safety
Element within the General Plan in compliance with state law.
Yes (6): Commissioner Combs, Chair De La Rosa, Commissioner Felber,
Commissioner Leal, Vice Chair Torres, and Commissioner Zaker
Result: Carried (6 to 0)
6. ACTION ITEMS
6.1 Approval of Meeting Minutes
Moved by Commissioner Leal
Seconded by Commissioner Felber
Approve the minutes dated: February 28, 2024
Yes (6): Commissioner Combs, Chair De La Rosa, Commissioner Felber,
Commissioner Leal, Vice Chair Torres, and Commissioner Zaker
Result: Carried (6 to 0)
7. DIRECTOR'S REPORT
Director Black discussed changes in staff.
Director Black Provided an update on the SB10 Planning Commission
recommendation for City Council.
8. CHAIR'S COMMENTS
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4
There were none.
9. COMMISSIONERS' COMMENTS
Vice Chair Torres reported on attendance at recent events and made community
announcements.
10. ADJOURNMENT
The meeting was adjourned at 7:38 p.m.
Minutes prepared by: Mariluz Zepeda, Commission Secretary
_________________________
Mariluz Zepeda, Secretary
Page 79 of 84
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April 24, 2024 Agenda
1
City of Chula Vista
Regular Planning Commission Meeting
MINUTES
April 10, 2024, 6:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Commissioners
Present:
Commissioner Combs, Chair De La Rosa, Commissioner
Felber, Commissioner Leal, Vice Chair Torres, Commissioner
Zaker
Absent: Commissioner Burroughs
Also Present: Development Services Director Cass, Senior Planner Ortuño,
Planning Manager Philips, Outside Counsel Sullivan, Secretary
Zepeda
_____________________________________________________________________
1. CALL TO ORDER
A regular meeting of the Planning Commission of the City of Chula Vista was called
to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth
Avenue, Chula Vista, California.
2. ROLL CALL
Secretary Zepeda called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Commissioner Felber led the Pledge of Allegiance.
4. PUBLIC COMMENTS
There were none.
5. PUBLIC HEARINGS
5.1 Amendments to the Otay Ranch Village Eight East Sectional
Planning Area Plan, Including Associated Documents and Tentative
Map (TM22-0005) Located South of Main St., East of Otay Ranch
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2
V8W, West of SR 125, & North of the Otay River Valley APN: 644-070-
21
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.
Senior Planner Ortuño gave a presentation on the item.
Applicant Nicholle Wright with HomeFed, LLC spoke on the item and was
available to answer questions. The applicant's consultant, Ranie Hunter
with RH Consulting Group, spoke on the item and was available to answer
questions.
Chair De La Rosa opened the public hearing. There being no members of
the public who wished to speak, Chair De La Rosa closed the public
hearing.
Moved by Vice Chair Torres
Seconded by Commissioner Felber
That the Planning Commission conduct a public hearing and adopt the
proposed resolution recommending that the City Council:
A. Adopt a resolution approving:
1. Third Addendum to FEIR 13-01 (IS22-0003) and amendments to the
Chula Vista General Plan (GPA22-0002), the Otay Ranch General
Development Plan (GDP22-0002), and the Otay Ranch Village Eight
East Sectional Planning Area Plan (SPA22-0006) (including the
related new Planned Community District Regulations) to reflect the
proposed changes to zoning within Otay Ranch Village Eight East
(ZC22-0003) and to other regulatory documents in accordan ce with
the required findings and subject to the conditions contained therein;
and
2. A Tentative Subdivision Map incorporating the proposed changes to
the Otay Ranch Village Eight East Sectional Planning Area (TM22 -
0005) in accordance with the required findings and subject to the
conditions contained therein; and
3. A Community Purpose Facilities Agreement; and
B. Place an ordinance on first reading to approve modifications to the Otay
Ranch Village Eight East Planned Community District Regulations in
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April 24, 2024 Agenda
3
accordance with the required findings and subject to the conditions
contained therein; and
C. Place an ordinance on first reading to approve a change in zoning from
single family residential to multi-family residential.
Yes (6): Commissioner Combs, Chair De La Rosa, Commissioner Felber,
Commissioner Leal, Vice Chair Torres, and Commissioner Zaker
Result: Carried (6 to 0)
6. ACTION ITEMS
6.1 Written Communication
Moved by Commissioner Leal
Seconded by Commissioner Combs
Commission approve absence.
Yes (6): Commissioner Combs, Chair De La Rosa, Commissioner Felber,
Commissioner Leal, Vice Chair Torres, and Commissioner Zaker
Result: Carried (6 to 0)
7. DIRECTOR'S REPORT
Development Services Assistant Director Cass discussed future items going
before the Planning Commission.
8. CHAIR'S COMMENTS
Chair De La Rosa discussed affordable housing and what discretionary action is
allowed by the City regarding to policies and regulations.
9. COMMISSIONERS' COMMENTS
Commissioner Felber mentioned a future absence from Planning Commission
meeting.
Commissioner Torres discussed Assembly Bill AB1893 and the City's susceptibility
to the bill.
10. ADJOURNMENT
The meeting was adjourned at 7:26 p.m.
Minutes prepared by: Mariluz Zepeda, Planning Commission Secretary
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April 24, 2024 Agenda
4
_________________________
Mariluz Zepeda, Secretary
Page 83 of 84
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April 24, 2024 Agenda
Request for Excused Absence Form – 6/19
REQUEST FOR EXCUSED ABSENCE
City of Chula Vista Boards, Commissions, and Committees
Name: _________________________________________________ Date of Absence: _________________________________
Board/Commission/Committee: _________________________________________________________________________________
Chula Vista Municipal Code section 2.25.110 (C) allows board/commission/committee members, by a
majority vote, to excuse a fellow board, commission, or committee member’s absence from a meeting for any
of the reasons listed below. A member who is absent from three consecutive, regular meetings will be
deemed to have vacated his or her membership, unless the member’s absence is excused by a
majority vote of the other members. An absence is only recorded as “excused” upon receipt of a member’s
request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you
have been absent from a regular meeting, please complete and submit this form to the chair or secretary.
Please indicate the reason for the absence:
1. Illness of the member, family member of the member, or personal friend of the member;
2. Business commitment of the member that interferes with the attendance of the member at a meeting;
3. Previously scheduled vacation of the member, notice of which was provided to the respective board
or commission in advance of the meeting;
4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly
significant event;
5. Unexpected, emergency situation that prohibits the member’s attendance; or
6. Other reason for which the member has given notice to the secretary of his or her unavailability at
least seven days in advance of the meeting.
OR
The absence was not for any of the above-listed reasons. I understand that the absence will be recorded
as unexcused.
I certify the reason for the absence indicated above is true and correct.
Member’s Signature: __________________________________________________________ Date: _____________________________
If completed by secretary or staff to board/commission/committee:
Completed on member’s behalf by: _____________________________, per member’s Verbal Written request
on: _________________.
(date)
(secretary/liaison’s name) 03/21/24
04/10/24
Planning Commission
Mariluz Zepeda
Krista Burroughs
4
4
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