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HomeMy WebLinkAboutAgenda Packet 2004/01/14 CITY OF CHULA VISTA ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND PLANNING COMMISSION AGENDA January 14, 2004 4:30 P.M. JOHN LIPPITT PUBLIC WORKS CENTER 1800 MAXWELL ROAD CALL TO ORDER ROLL CALL: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla Planning Commissioners: Castañeda, Cortes, Felber, Horn, Madrid, O'Neill, and Chair Hall 1. REVIEW OF PROPOSED GENERAL PLAN UPDATE ALTERNATIVES TO BE TESTED Staff and RBF Consulting have been working to prepare a range of proposed General Plan land use and transportation alternatives for initial testing. State law requires that a range of alternatives be evaluated as part of the update process. The proposed alternatives are an outgrowth of the numerous public inputs and information gathered to date, including two rounds of community meetings in June and November 2003 to review and comment on proposed land use concepts, as well as work with the General Plan Steering Committee. Staff will present the alternatives proposed for testing within each of the major planning subareas (Northwest, Southwest and East/Otay Ranch). Staff recommendation: That the Planning Commission recommend to the City Council that the proposed alternatives be tested, and that the City Council direct staff to proceed with testing of the proposed alternatives. ORAL COMMUNICATIONS CITY COUNCIL ADJOURNMENT to the Regular Meeting of January 20, 2004 at 6:00 p.m. in the Council Chambers. PLANNING COMMISSION ADJOURNMENT to the Regular Meeting of January 21,2004 at 6:00 p.m. in the Council Chambers. I declare under penalty of perjury that I am employed by the City of Chula Vista In the Office of the City Clerk and that I posted this document on the bulletin board according to Brown Act requirementa. Dated /~101 Signed J ffi~ COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests individuals who may need special accommodation to access, attend and/or participate in a City meeting, activity or service to contact Diana Vargas at (619) 691-5101 for specific ¡nfoonation on existing resources or programs that may be available for such accommodation. Please call at least forty-eight hours in advance for meetings and five days in advance for schedule services and activities. California Relay Service is available for the hearing impaired. CITY OF CHULA VISTA GENERAL PLAN UPDATE WORKSHOP NOTICE The Chula Vista City Council and Planning Commission will hold a joint workshop on the City's General Plan Update: Date: Wednesday, January 14, 2004 Time: 4:30 P.M. Location: John Lippitt Public Works Center "Assembly Room" 1800 Maxwell Road Chula Vista Summary information will be presented on the General Plan Update process to date, community input, and three initial, citywide General Plan land use alternatives which are proposed for testing. The City Council and Planning Commission will be asked to comment on whether the breadth of the proposed alternatives is sufficient for purposes of testing and whether other proposed land uses should be included for consideration in the alternatives. Staff will be seeking authorization to proceed with the testing. Results of this testing will be shared with the City Council, Planning Commission and the public. Additional information on the General Plan Update is available from the General Plan Update link at the City of Chula Vista web site: www.chulavistaca,gov, or through the General Plan Update phone line at (619) 409-5486. ..--- JOINT GENERAL PLAN UPDATE WORKSHOP INFORMATION MEMORANDUM DATE: January 9, 2004 TO: The Honorable Mayor and City Council Members The Honorable Chair and Members of the Planning Commission VIA: David D. Rowlands, Jr., City ManagerGt i)-! FROM: Jim Sandoval, Director of Planning and 'Buildin~ ;J:;. Ed Batchelder, Deputy Planning Direct~ SUBJECT: January 14, 2004, General Plan Update Joint Workshop As the Council and Commission are aware trom previous reports, the General Plan staff team has (and RBF Consulting) been working to prepare proposed General Plan Land Use and Transportation Alternatives for initial testing. Most recently, the team held a series of community workshops on November 15, 17 and 19 to engage community discussion and input on a set ofland use concepts compiled by staff, with assistance trom the Steering Committee. One workshop was held in each of three major geographic subareas in the City (Northwest, Southwest and East/Otay Ranch), which focused on the proposed concepts in that area. Those concepts were the outgrowth of prior community and citizen committee inputs, along with other information gathering, including the Town Hall meeting held at Bonita Vista High School on June 21. Based on the above inputs, staff has created three, proposed citywide Alternatives to undergo initial testing. Pursuant to State law, General Plan updates are required to consider a range of alternatives for the community's future. This process allows the community to explore the potential outcomes and effects of different approaches to attaining the desired vision. The process typically starts with a range of ideas and concepts that are refined into final alternatives, and ultimately, a preferred alternative that is presented as the proposed, updated General Plan. The proposed Alternatives to be presented at the January 14 workshop represent that range of ideas, and if acceptable to the Planning Commission and City Council, will in order to determine potential outcomes and effects that can be used by staff, committees, the community and decision makers to determine appropriatefinal alternatives, and a preferred General Plan Alternative. Workshop purpose and expectations - As noted above, at this point in the process, the proposed Alternatives simply reflect a reasonable range of options that staff, the community and the citizen committees feel are appropriate for testing. The purpose of presenting the Alternatives is to brief the Planning Commission and City Council on the current range of options, provide the opportunity to indicate to staff if the breadth of the Alternatives is sufficient for conducting initial tests. Sufficient breadth could, for example, include such considerations as to whether, among the Alternatives, proposed land uses reflect densities and intensities envisioned for the revitalization and redevelopment of the downtown area, ---------..------------ -------------- Joint Workshop Info Memo, 1-8-04 Page 2 if desired future employment lands have been addressed, and/or whether the range of residential proposals provide sufficient future housing opportunities. The Commission and Council are not being asked at this time to comparatively discuss the proposed Alternatives, indicate preferences, or to take any specific action on them. Rather, the Commission and Council should indicate to staff if there is any land use concept that has not been shown that should be included in any of the proposed Alternatives. Workshop format - The workshop will consist of the following main components: . Introduction and Background .. by staff on the purpose of the General Plan Update, its strategic relationship to other active and pending major projects, programs and Council initiatives, and an overall status report . Committee Chair Comments - an opportunity for the Chairs of any of the four citizen committees to address the Commission and Council as to the process and outcomes to- date . Summary of Key Issues and Considerations - by staff to highlight regional and local factors influencing the GP Update and the Alternatives . Overview of the Land Use and Transportation Alternatives - by staff to introduce the overall focus areas and concepts, and to then review each of the three Alternatives within each of the major focus areas (Northwest, Southwest and East/Otay Ranch) . Public Comment - an opportunity for members of the public in attendance to offer comments on the proposed Alternatives presented . Planning Commission and City Council Discussion and Direction - to identify if any concepts desired for testing have not been included among the proposed Alternatives, and to provide direction to staff as to commencing testing. . Next Steps - staff will highlight major GP program activities for the next several months, and through completion of the Update. Joint Workshop Info Memo, 1-8-04 Page 3 Background Information - Following is a synopsis of some of the topics and information that will be presented at the workshop: ""n "r" 1 P1"n TJptbt" pnrpos" "nn str"t"gj~ rdMjonshjps to oth"r "~tjv" "nn p"nning m"jor proj,,~ts proV'"ms "nn ronn~jl jnjtj"tjv"s - The General Plan Update (GPU) provides a unique, periodic opportunity to comprehensively re-establish the long-term vision for the City with the community, and to re-tool the tramework of policies and programs that guide development activities. General Plans are typically revisited every 10+ years in order to review a city's future course considering both internal and external changes. This GPU for Chula Vista comes at a particularly important time as the City positions itself to address internal changes including revitalization of western Chula Vista and development of the bayftont. Changes in regional growth and development patterns have also resulted in an expanded role and stature for the City of Chula Vista. The beginnings of this change in direction are taking form through a number of programs arising trom Council's 5 StTategic Themes. Following are some of the most notable: . Economic Development Strategy . City Image Campaign . 1-5 Corridor Study . Broadway Revitalization Strategy . Urban Core Specific Plan . Chula Vista Bayftont Master Plan . WCV Parks Master Plan . Transit First Program . MSCP . Sustainable Development . Historic Preservation The above programs/plans and others all fall within the tramework of the City's General Plan. The goals and policies of the General Plan are what tie them all together. Once the updated General Plan is adopted, future development will be consistent with the policies contained within. "PT ¡ st"tns snmm"ry - As outlined below, we are currently very near completion of the third phase of the four-phased GPU work program. ------------- ------------------------- - ---------- - Joint Workshop Info Memo, 1-8-04 Page 4 Completeci Ph~<e< T Iìr fT' Phase I included the initial Town Hall meeting in April 2002, the Visioneering Program conducted trom May-September 2002, and concluded with the establishment of the four GPU Citizen Committees in October 2002. A Preliminary Issues Report based on the Visioneering Program inputs was published in November 2002. Phase II included the review of these issues with the citizen committees, the development of a Draft Vision & Goals Report (May 2003), and the completion of the 27 "Areawide Studies" presenting background conditions spanning numerous topics trom intrastructure and services, to demography, to enviromnental baseline conditions. Each Areawide Study identified "planning issues and policy implications" for the GPU to address, and provide a part of the tramework for developing GP objectives and policies, and refining alternatives. Ne~rly Completeci Ph~<e TH' Phase ill is focused on draft Plan Alternatives and Policy Development, and got underway with the Town Hall meeting on June 21, 2003, at Bonita Vista High School. The Town Hall meeting was attended by approximately 150 people, and staff received feedback on a broad range of general land use concepts within each of the three major planning subareas; Northwest, Southwest and East/Otay Ranch. As many areas of the City are considered to be stable, and are not be recommended for any General Plan change, the proposed land use concepts focused on specific "opportunity areas" where changes are most appropriate and/or likely to occur. A Town Hall II Summary Report (August 2003) was published. Staff (with RBF Consulting) assembled three, more distinct land use and transportation concepts within each of three major planning subareas (northwest, southwest, and east/Otay Ranch). We developed a "newsprint" publication (in cooperation with the Star News) noticing the meetings, profiling issues facing the City, and discussing how General Plan land use concepts respond. These more distinct Concepts were presented at a series of community meetings held on November 15, 17 and 19, and attended by 250-300 people. The interactive workshops allowed individuals to express their preferences regarding the concepts. A Town Hall III Community Workshops Results report was published, and those inputs were considered in shaping the Alternatives being presented tonight. Phase III will culminate with the testing of the proposed alternatives, the shaping of final Alternatives, and a recommended Preferred Alternative over the next 2 months. Now Commencing Ph~<e IV: Phase IV involves the preparation of the General Plan documents (Elements, EIR, Tech Appendicies) and the formal public review, hearings and adoption process. We have begun preparation of draft Elements which will be reviewed through the citizen committees, and anticipate the start of adoption hearings in July 2004. Joint Workshop Info Memo, 1-8-04 Page 5 Overview ofK ey Pl"nning T"lIe, "no Polic'.y Tmplic"tion, - As mentioned earlier, the GPU staff and consulting team have completed, and reviewed with the citizen committees 27 Areawide Studies. The Studies provide background information and an assessment of existing and forecasted conditions to serve as a technical foundation for the GPu. As part of this technical foundation, each of the Studies contains a "Planning Issues and Policy Implications" section identifYing initial conclusions as to the bearing of the Study's information on the GPu. Attachment 1 provides a summary list of some of the key items identified by the Studies, and has been divided into the following five (5) subject categories: Land Use and Community Character Economic Development/Fiscal Public Facilities and Services Traffic and Transportation Enviromnental These issues and implications are a partial basis for proposed land use and transportation alternatives, and are also formative in the development of draft objectives and policies for the various General Plan Elements. Prf'<p"r"tion ofT "no rr,e "no Tr"n'port"tion Altem"tive, - Beginning at the Town Hall II meeting on June 21,2003, the GPU team presented a broad range of potential development concepts within generalized "opportunity areas" where future growth and development changes would be most logically directed, or would be most likely to occur. Those concepts were based on previous inputs, the "visioneering" program, and the Draft Vision and Goals report prepared through the four citizen committees. The public was asked to indicate whether the concepts reflected a valid range of considerations for future evaluation, and what their personal likes or dislikes were among the concepts. With minor exceptions, the public generally found the range of concepts to be valid, and offered numerous comments about particular likes and dislikes. Using the outcomes of Town Hall II, along with earlier public and other inputs, staff worked with RBF Consulting to prepare more distinct Land Use Concepts that were expressed using proposed General Plan land use designations. A range of three Concepts (A, B, C) was prepared for each of the three major planning subareas (northwest, southwest, and east/Otay Ranch) for the purposes ofreview (9 concepts total). Each of the major subareas was broken down into sub-districts for presenting the proposals. The proposals were presented at the community meeting on November 15, 17 and 19, where the public was able to discuss the Concepts with the GPU staff and consulting team, make suggestions for refining them, and indicate their particular preferences among the Concepts with respect to - --------- Joint Workshop Info Memo, 1-8-04 Page 6 the various sub-districts. Considering the inputs trom those meetings, staff and RBF assembled the three, proposed citywide Alternatives now being presented for testing. These Alternatives do not represent a range of intensity trom least to most, but rather are assembled to reflect varying options in the locations, combinations and arrangement ofland uses. All the Alternatives consider smart growth principles previously discussed with Council, and take into consideration existing and future transit networks, and the need to better integrate land uses, transit and pedestrian friendliness. The Concepts are intended to reflect a range of options to be evaluated to identifY their initial viability and related effects. Next Steps - If the range of proposed Alternatives presented is agreeable with the Planning Commission and City Council, staff and the consulting team will proceed with testing of the Alternatives to identifY their effects with regard to traffic and transportation, public facilities and services, enviromnental factors, and fiscal soundness. Staff will work with the consultants and the Steering Committee to review the outcomes to further refine the alternatives, and to determine a proposed alternative. Staff would then present the information for input at a community meeting(s) (tentatively in late March 2004). Ultimately, staff will return to the Planning Commission and City Council with a preferred alternative as well as others based upon outcomes of the testing and the public review meeting(s). Att"chment< 1. Summary List of Key Planning Issues & Policy Implications ],IPlanning\ED\GP Land Use Analysis\CC-PC Info Memo 01-09-04v2doc ----- SUMMARY OF KEY PLANNING ISSUES/POLICY IMPLICATIONS IDENTIFlED THROUGH THE GPU AREAWIDE STUDIES AND OTHER INPUTS- Through preparation of the 27 Areawide Studies (identifying existing conditions and background assessments), as well as inputs ITom the public and the four citizen committees, numerous "planning issues and policy implications" were identified for the General Plan Update (GPU) to consider. Following is a summary listing of issues considered to be foundational to the GPU effort. (More complete listings and discussions can be found in the Areawide Studies). LAND USE & COMMUNITY CHARACTER . Better tie the location of housing and employment to existing and future transit stations and corridors. . Strongly support a balanced mix of uses in neighborhood areas, and the location of employment centers to minimize motor vehicle trips. . Establish "mixed use" designations and related provisions. . Encourage land use mixes and design that promote energy efficiency, including mixed use development, site design, building design, pedestrian friendliness, and the integration of alternative modes of travel. . Preserve existing, stable single-family neighborhoods in western Chula Vista. . Retain the "small town" character and charm ofChula Vista while providing opportunities for growth and redevelopment. . Enhance community cohesion between eastern and western CV through complimentary land uses and better, more convenient transportation linkages. . Establish downtown CV (Third Av. and surroundings) as the heart of the City, and the City's primary cultural, entertaimnent and restaurant district. . Address the future disposition of the South Bay Power Plant site. . Balance development with enviromnental preservation and public open space protections in the bayfront area. . Preserve and enhance prominent and important viewsheds, particularly between WCV and the bay. . Improve the image ofChula Vista along major edges and corridors, and at key gateways, through land use, streetscape and landscape policies and guidelines. lncentivize and prioritize improvements to the most visible and used areas. . Balance historic preservation with the need to revitalize and redevelop areas of WCV through policies and guidelines that address architectural treatments, streetscape design, and consider approaches such as adaptive reuse. . Incorporate policies that assist the City in meeting its source reduction, reuse and recycling goals for solid and hazardous waste. . Consider locating "general areas" permissible for the consideration of hazardous waste treatment, storage and/or disposal facilities away from watershed areas, and the possible elimination ofthe bayfront and SR-54 "general areas". ATTACHMENT 1 Page 1 of 4 -----..---- ---- ECONOMIC DEVELOPMENT / FISCAL . Expand Chula Vista's employment base to add higher value jobs so residents can earn sufficient wages locally to afford local housing costs, and thereby reduce the need to commute. . Ensure an adequate supply of multi-family and affordable housing to meet the needs of service workers, and to promote a better jobslhousing balance. . Provide sufficient opportunities for retaining and expanding local small businesses in both new development and redevelopment. . Recognize the important role that arts and culture (and related facilities and venues) play in creating catalysts for economic development and revitalization. . Identify and clarify the unique and complimentary roles that our major activity centers (including the bayfront, Chula Vista Center, downtown Third Ave., and the Eastern Urban Center) will play in relation to one another. . Promote the University and educational excellence toward ensuring a well trained and skilled workforce. . Provide for a land use plan that generates sufficient revenues to provide and sustain facilities and services to maintain the quality-of-life desired by the commumty. PUBLIC FACILITIES & SERVICES . Emphasize the role of art and culture in establishing the City's social fabric and identity, and provide policies to establish an arts and culture district in downtown Chula Vista, and encourage related facilities to locate there. . Provide policies to address future school facility needs in WCV through either the horizontal or vertical expansion of existing sites, or the identification of the need for new sites. . Carefully evaluate opportunities for joint use of school sites in terms of shared field/recreation and facility space, and consider policies that would emphasize school sites as neighborhood and community centers. . Consider incorporating policies addressing the provision of sufficient health and human services and facilities, and emphasizing these as a core aspect of the community and healthy lifestyles for Chula Vistans. . Address long-term water supply, and balance development in accordance with that supply. . Consider existing "deficient" conditions in WCV (e.g. parks, drainage, select SW area street improvements) in addition to the demands created by new growth and development. Promote eqitable facility provision between eastern and western CV, particularly park and recreation facilities. . Develop a funding and financing program for needed infrastructure in WCV. . Consider the effects of potential density and building height increases in WCV and the bayfront on fire service, equipment, facilities/station locations and personneL ATTACHMENT 1 Page 2 of 4 . Water system improvements needed in WCV to meet increased fire flow demands generated by potential redevelopment and intensification. . Take into consideration the community's long-term energy demands and the reliability of supply. . Ensure the GPU adequately addresses drainage provisions and requirements stemming ITom the National Pollution Discharge Elimination System (NPDES) program. . Integrate appropriate content ITom the existing Child Care Element into a chapter within the new, integrated Public Facilities and Services Element. TRAFFIC & TRANSPORTATION . Integrate and promote the South Bay Transit First Plan as a foundation of the GP's land use and transportation system. . Advocate regional planning and coordination to ensure that Chula Vista's transit and roadway system connects to a viable, regional system. . Promote urban mobility concepts that seek to emphasize land use mix, integration and vibrance, pedestrian fuendliness and transit orientation over past predominant emphasis on automobile accommodation. . Advocate Transportation Demand Management (TDM) concepts. . Develop a transportation system that better links eastern and western Chula Vista, particularly the major activity and employment centers. . Provide for an integrated network of sidewalks, bike paths and trails to connect neighborhoods and activity centers throughout the City. ENVIRONMENTAL . Ensure preservation of the Planning Areas unique open space features and natural resources. . Ensure protection of the Bay and adjoining resources in the bayfront area. Provide an integrated open space and trails ITamework for ongoing bayfront planning actions. . Achieve consistency between the General Plan, the Otay Ranch Resource Management Plan (RMP), and the recently adopted CV MSCP Subarea Plan with regard to land use designations, boundaries, conservation percentages, restoration requirements and policy language. . Reconcile the standards and locations for trails within the Greenbelt with the MSCP Subarea Plan. Include trails policies and guidelines within the GP that would lead to the preparation of a citywide Trails Master Plan. . Reconcile the location/boundaries ofthe University site on the General Plan with those analyzed in the MSCP Subarea Plan. . Reconcile GP discussions of public facilities with the discussion of allowable facilities within the Preserve as identified in the MSCP Subarea Plan. . Reconcile the GP Circulation Element roadways to remove those segments that were explicitly excluded ITom coverage in the MSCP Subarea Plan. ATTACHMENT 1 Page 3 of 4 --- ---- . Ensure any proposed alignments/realigrunents of roadways are consistent with the MSCP Subarea Plan. . Incorporate mineral resources management policies into the GP in conformance with state guidelines. Revise the GP to reflect the restrictions placed on mining / extractive uses (in the Otay River Valley) as identified in the MSCP Subarea Plan. Address any potential inconsistencies or conflicts with SMARA's significant mineral resource designations in Otay Valley. . Provide for adequate, interconnected open space and parklands in western CV to offset the effects of potential increased density or intensity of development. . Expand upon urban, community-based green inITastructure that is distinct ITom habitat conservation (e.g. community and pocket parks, canyons, community and roof gardens, vegetated drainage swales, landscaped driveway strips, etc.). . Provide GP goals, objectives and policies to support acquisition or easement dedication of open space within the Greenbelt, and encourage connections with the regional trails system. . Promote and incentivize sustainable development concepts in the GP through policies related to the CO2 Reduction Plan, Energy Action Plan, Water Conservation and Air Quality Improvements Plans, recycling, source reduction, resource conservation, renewable energy sources (solar/wind), and other efforts that have occurred subsequent to the last comprehensive update in 1989. . Establish policies promoting energy efficiency, including the encouragement of potential additional cogeneration facilities in CV. . Consider establishing an "environmental technology" industry overlay near the landfill to promote the location of industries involved in recycling, materials reuse, and other sustainable development related pursuits. . Address the future disposition ofthe South Bay Power Plant, and potential reuse of all or a portion of the site. . Incorporate appropriate noise standards into the GP which currently does not address noise, along with policies and guidelines regarding land use, traffic calming and other techniques to manage noise levels. nPlanninglEDlGP Land Use Ana1ysis\CC-PC joint wurkshop issues list 01-08-04-doc ATTACHMENT 1 Page 4 of 4 -- -------..-,.- ------ - - --- -------- ~~~ :Jd ~ ~~~ CITY OF CHUIA VISTA OFFICE OF THE CITY ATTORNEY MEMORANDUM Date: Honorable Mayor and Council CAyV:' Ann Y. Moore, City Attorney - Elizabeth Wagner Hull, Deputy City Attorne#¡} January 9, 2004 To: Via: From: Re: General Plan Update Attached please find a letter from the Fair Political Practices Commission ("FPPC") detailing their analysis of conflict of interest provisions of the Political Reform Act as it relates to the General Plan Update ("GPU"). The Council will be holding a workshop on January 14, 2004 to discuss general broad based concept plans and land use designations. Under the proposals to be presented at that time, no changes are proposed to property owned or leased by the Mayor or any Council members. However, there are changes proposed to properties that fall within 500 feet of Councilmembers Rindone and Salas primary residences. The FPPC has concluded Councilmembers Rindone and Salas may not participate in decisions regarding those areas of the GPu. As you are aware, the Political Reform Act prohibits a public official from making, participating in the making or in anyway attempting to use his official position to influence a governmental decision ifhe or she knows or has reason to know that he or she has a financial interest in that governmental decision. The implementing regulations provide that if a public official's property is directly involved, the financial effect of a governmental decision on the real property is presumed to be material. A public official's real property is directly involved in a governmental decision if it is within 500 feet of the boundary of the project. An official who otherwise has a conflict of interest may participate in a decision if the "public generally" exception applies. This exception applies when the effect of the decision on the public official is indistinguishable from the effect on a significant segment of the public. In this case, the FPPC has opined that it is presumed that the real properties of Councilmembers Salas and Rindone will experience a material financial effect as a result of this decision and the "public generally" exception is not applicable. Therefore, to participate in the discussion and decisions regarding those areas of the General Plan Update the presumption would need to be rebutted. 276 FOURTH AVENUE . CHULA VISTA· CALIFORNIA 91910· (619) 691-5037· (619) 409-5623 @ Post-Consumer Recyded Paper To allow Councilmembers Salas and Rindone to participate in the majority of the GPU discussions, staff will be presenting the GPU by quadrant of the City. The first quadrant to be discussed will involve the northwestern part of the City. We would recommend Councilmembers Salas and Rindone recuse themselves from that discussion but they may rejoin the Council for the subsequent discussion of the other three quadrants of the City. cc: David D. Rowlands, Jr. Sid Morris George Krempl Jim Sandoval CITY OF CHULA VISTA ,;~, , FAIR POUTICAL PRACTICES COMMISSION 428 J Street· Suite 620 . Sacramento. CA 958l4-2329 (916) 322-5660 . F" (916) 322-0886 January 6, 2004 Elizabeth Wager Hull, Deputy City Attorney City ofChula Vista Office of the City Attorney 276 Fourth Avenue Chula Vista, CA 91910 Re: Your Request for Advice Our File No. A-03-280 Dear Ms. Hull: - This lener is in response to your request on behalf of Chula Vista Councilmembers Mary Salas and Jerry Rindone for advice regarding the confhct-of- interest provisions of the Political Reform Act (the "Act"). I QUESTION May Councilmembers Mary Salas and Jerry Rindone participate in a decision to approve changes to the existing ¡and use designations specified in the current general plan? CONCLUSION It is presumed that the real properties of Councilrnembers Salas and Rindone will experience a material financial effect as a result of this decision. Therefore, unless this presumption is rebutted, the council members are disqualified ITom participating in the decision. t Government Code sections 81000 - 91014. Commission regulations appe:l1 at Title: 2, se::tic:ls 18109-18997, orthe CaJifor:IÌo Code of Regulations. ..,.:.,. :::-::~... File No. A-03-280 'P,age No.2 :f', FACTS . The City, of Chula Vista is currently processing a comprehensive update to the City of Chula Vista's general plan. The City ofChula Vista is a charter city governed by a council, consisting of four council members and a mayor, elected from the city at-Jarge. The city charter provides for the approval of ordinances or resolutions by the affinnative votes of at least three members unless another provision of the charter requires otherwise. There are no additional relevant provisions for the approval of the general plan. At this point, the general plan is only at the land use concept stage. No determination has been made regarding the exact changes in land use designation or all of the properties that may be impacted. At this preliminary state, no changes are proposed to property owned by the mayor or any of the council members. However, there are changes proposed to properties that fall within 500 feet of two council members' primary residences. Co¡mcilmember Salas , Councilmember Salas Jives on the west side of the city where the general plan is evaluating the existing land use designations, The general pIa!'] proposes no change to her primary residence. The general plan does propose possible changes to properties immediately west and within 500 feet of it. There are approximately 60 affected properties within that radius. Currently, the possible changes vary among three different land use concepts. The concepts are sti11 very broad and it is too early in the process to more specifically identify the impacts or the nwnber of parcels citywide subject to the same types of redesignation. Conco:ut A: Change from current "Hig..!¡ Density Residential (18-27 dwelling units/acre)" to proposed "Urban Core Residential (up to 50 du/ac)." Approximately 95% of the land use designated as "Urban Core Residential" would be developed with residential units and 5% would be developed with supporting retail commercial. Change Îrorn "Retail Commercial" to proposed "Mixed Use." This change would allow 40% of the land to develop as residential (.10 dulac), 50~:o as office, and 10% as ~~. - ConceDt B: Change from current "High Density Residential (18-27 dulac)" to proposed "Urban Core Residential (up to 50 dulac)." Approximately 95% of the land use designated as "Urban Core Residential" would be developed with residential units and 5% would be developed with supporting retail commercial. Cha..'1ge Îrom "Retail Commercial" to proposed "Mixed Use." This change would allow 40% of the land to develop as residential (40 ¿wac). 40~·'Ó as office, and 20% as retail. File No" A-03-280 Page No.4 -::',. AN.".!. YSIS \ The primary purpose for the conflict-of-interest provisions of the Act is to ensure that H[p]ublic officials, whether elected or appointed, [should] perfonn their duties in an impartial manner, free !Tom bias caused by their own financial interests or the financial interests of persons who have supported them." (Section 8100l(b).) In furtherance of this goal, section 87100 ofthe Act prohibits a public official from making, participating m making, or otherwise using his or her official position to influence a governmental decision in which the official has a financial interest. Determining whether a conflict of interest exists under section 87100 requires , analysis of the following steps as outlined below.- Steps One and Two: Are Mary Salas and Jerry Rindone each considered a "public official" and is each making, participating in making, or int1uencing a governmental decisioIl ':' As memb~>rs of the Chula Vista City Council. Mary Salas and Jerry Rindone are each a "member, officer, employee or consultant of a state or local government agency" and are, therefore, public officials subject to the conflict-of-interest provisions of the Act. (Section 82048; regulation 1870l(a).) , A public official "makes a governmental decision" when the official, acting I'..¡thin the authority of his or her office or position, votes on a matter, obligates or commits his or her agency to any course of action, or enters into any contractual agreement on behalf of his or her agency. (See regulation 18702.1.) Councilmembers Salas and Rindone will "make a governmental decision" if she or he voces on a general p]an amendment decision. Additionally, if either official engages in any of the actions described in enclosed regulations 187022 and 18702.3 with regard to this decision, they will "participate in making" or "influence" that decision. Step Three: What are Councilmernber Salas's and CouncHmember Rindone's economic interests - the possible sources of a conflict of interest? Section 87103 provides that a public official has a "financial interest" in a governmental decision "if it is reasonably foreseeable that the decision will have a material financial effec;, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family," or on any of the official's economic interests, described as follows: A public official has an economic interes¡ in a business entity in which he or she has a direct or indirect investment' of S2,OOO or more (section 8ïl 03(a): T::ese qt'::':SL:10m are b<lse¿ en: ,:hE: ,'\:::'5 çon;lic:-çr:i,me:-~s[ ë.naiysis p:-çvi¿~d at :-::gubÜon 1 S'70C( b) File No,. A-03-280 Page No.5 -'J}r: regulation 18703.I(a»); or in which he or she is a director, officer, partner, trustee, employee, or holds any position of management (section 8:7,103 (d); regulation 18703.l(b)); A public official has an economic interest in reaJ property in which he or she has a direct or indirect interest of $2,000 or mOre (section 871 03(b); regulation 18703.2); A public official has an economic interest in any source of income, including promised income, which aggregates to S500 or more within 12 months prior to the decision (section 87103(c); regulation 18703.3); A public official has an economic interest in any source of gifts to him or her if the gifts aggregate to $340 or more within 12 months prior to the decision (section 87103(e); regulation 18703.4); A public official has an economic interest in his or her peTSonal finances, including those of his or her immediate family -- this is the "personal financial effects" rule (section 87103; regulation 18703.5). Councilmernbers Salas and Rindone each have an economic interest in real property which serves as their principal residence, provided they each have a direct or indirect interest of $2,000 in each oftheir respective properties. '- You have not provided information regarding any other economic interest of Councilmembers Salas or Rindone. For purposes of this Jetter, we assume that each has no other economic interests relevant to the decision you have identified. Step Four: Are the council members' economic interests directly or indirectly involved in the governmental decision? Real property in which a public official has an economic interest is direcùy involved in a governmental decision if, among other things,: "( 1) The rea1 property in which the official has-,an interest, or any part of that real property, is located within 500 feet of the boundaries (or the proposed boUndaries) of the property which is the subj ect of the governmental decision." (Regulation] 8704.2(a)(J).) J .A.:'l ill.direct investment or interest means any investment or interest o\lJ!1ed bv the s'Couse of an ofrîcÍal or by a member cft&~e official'~ immediate family, by an agent on behalf of a p~biic cf1icial, ar ':JY a business e:nity Or tn.:.s:t in wbiçh tht officÎzl. the afficìal's immediate family, or their agent." O\llIl dire::tly, l:1direcl'1y, or be:1eficially a lO·p~rcer..t interc:;t or grearer. (Section 8ïl03.) "Immediate fa:rr..ilv·' is derÏIled :H secticn 82.029 as un ci:icial';j spouse and d~Fel1de:lt children. - File No. A-03-280 Piige No.6 /h,.. You have stated that neither of the council m=bers' residences is locate'd in an area which would be subject to any proposed general plan change. ,However, both of these residences are located within 500 feet of other properties that would be subject to the proposed ch<mges. Because each of these nearby properties would be subject to land use designation changes, subdivision (a)(1) of regulation 18704.2 above will apply so that the official's properties are considered "directly involved." Subdivision (b) of this regulation provides several exceptions to the direct involvement provisions of subdivision (a). None of these exceptions apply to your facts. Consequently, Rindone's and Salas's properties are "directly involved" in the general plan decision about which you have inquired. Step Five: What is the applicable materiality standard? If the real property in which an official has an economic interest is directly involved in a governmental decision. the materiality standard ofregulation 18 7052(a) applies. (Regulation l8704.2(c)(I» Regulation l8705.2(a)(I) provides that the financial effect of a govenunenta! decision on real property (other than a leasehold) which is directly involved in the governmental decision is presumed to be material. "This presumption may be rebutted by proof that it is not reasonably foreseeable that the govermnental decision wil1 have any financial effect on the real property" (Ibid.) Please note that "any financial effect" mcludes as little as a penny's worth. - Step Six: Is it reasonably foreseeable that the ¡mandaI effect of the governmental decision upon any of the council members' economic interests will meet the applicable materiality standard? lI.n effect upon economic interests is considered "reasonably foreseeable" if there is a substantial likelihood that it will occur. (Regulation 18706(a).) A financial effect need not be certain to be considered reasonably foreseeable, but it must be more than a mere possibility. (In re Thorner (1975) 1 FPPC Ops. 198.) It is presumed that the financial effect of the decision an both officials' properties is material. In order to rebut the presumption of regulation 18705.2(a)(1), each counciì member must show that it is not reasonably foreseeable that the decision (i.e., the decision to change the land use designation(s) of property near tl¡em) will have any tìn3I1cial effect on their respective properties. For example, COl'ncilmember Salas would have to show that it is not reasonably foresecable that the effect of "Concept A" (increasing the pemJissible density for properties located within 500 feet of her property fi-om 18-27 dwelling units/acre to as much as 50 dwelling units/acre) will not have even a penny's effed on her real property. Similarly, as an example, Councilmember Rindone would have to show that it i, not reasonably foreseeable that the effect of "Concept C" (allowing 9 lots wit.!¡'in 500 feet to be developed as 40% re~identia1, 50% office, ~d 10% r~tail space) will not have a penny's effec! on his real property. File No. A-03-280 "Page No.7 ,"",I The Commission does not act as a finder of fact m providing advice. (ll! re Oglesby (1975) 1 FPPC Ops. 71.) Therefore, the determination of whether. or not it is reasonably foreSeeable that the applicable materiality standard will be met for the council members' real properties is necessarily a factual question that is ultimately for each council member to decide. However, we reiterate, the real properties of Councilmembers Salas and Rindone are presumed to experience a material financial effect as a result of the decision. Step Seven: The "Public Generally" Exception Even if a public official determines that his Or her economic interest wlll experience a material financial effect as a result of the decision before the officiaL he or she may still participate if the "public generally" exception applies to each person or real property triggering a conflict of interest. (Regulation 18707(b)(4).) Regulation 18707.1 provides the requirements for the general exception: H( a) Except as provided in Government Code secrions 87102.6 and 87103.5, the material íìnancial effeC! ofa governmental decision on a public official's economic interests is indistinguishable from its effect on the public generally if both subdivisions (b)(l) and (b)(2) oftms regulation appl y. (b) Significant Segments and Indistinguishable Effects. (1) Significant Segment. The governmental decision will affect a 'sIgnificant segment' of the public generally if any of the following are affected as set forth below: 11··11 (B) Real Property. For decisions that affect a public ofñcial's rea] property interest, the decision also affec!s: (i) Ten percent or more of all property owners or all homeowners in the jurisdiction of the official's agency or the district the ofFicial represents; or (ii) 5,000 property owners or homeowners in the jurisdlcrion of the ofíìcial' s a~ency. ~ d~i (2) Substantiallv the Same Manner: The rwvemmental . ~ decision \vill affect a public ofñcial's economic interest in substantially the same manner as it will afíect the significant segment idenrified in subdivision (b)(1) of this reg'Jlation." )r au have nOl: provided facts which índicare that the effect of the goverTII:1er1wl decisions on the councilmembers' economjc interests is indistinguishable from the effect on the public gener3.11y. Spccific3.1ly, it does not appear that the proposed concepts will affect either ten percent of &..11 property owners or all homeowners in the officials' File No. A-03-280 Page No.8 jurisdiction (or respective districts) or will affect 5,000 property owners or homeowners in their jurisdiction. Therefore, the "public generally" exception dQes not apply. ;....' Step Eight: "L'egaIly Required Participation" Exception Facts you have presented do not suggest that the "legally required participation" exception to the confIict-of-interest rules is applicable to the situation of either official. If you have any other questions regarding this matter, please contact me at (916) 322·5660. Sincerely, Enclosures NB:jg I: IAdviceLtrs\03-0 5 8 Luisa Menchaca General Counsel By: /V(.,111- IQ(JC(~~ ¡Jatal~r ~ Counsel, Legal Division , , ** TOTAL PRGE.09 ** ~ ~ f.t.. ¡¡¡¡e¡; ~~fl CITY OF CHUIA VISTA OFFICE OF THE CITY ATTORNEY MEMORANDUM To:: From: Honorable Mayor and Council Ann Y. Moore, City Attorney q.fVI- . Elizabeth Wagner Hull, Deputy City Attorney¡v:P January 9,2004 Via: Date: Re: Urban Core Specific Plan Attached please find a letter from the Fair Political Practices Commission ("FPPC") detailing their analysis of conflict of interest provisions of the Political Reform Act as it relates to the Urban Core Specific Plan. Councilmembers McCann, Rindone, and Salas all own property within 500 feet of the study area boundary. Councilmember McCann's property is a rental property that is also a source of income to him. The FPPC has concluded Councilmembers Rindone and Salas may participate in decisions regarding the Urban Core Specific Plan because the number of property owners impacted by the Plan is sufficiently large enough to qualify under the "public generally" exception. As you are aware, the Political Reform Act prohibits a public official from making, participating in the making or in anyway attempting to use his official position to influence a governmental decision ifhe or she knows or has reason to know that he or she has a financial interest in that governmental decision. The implementing regulations provide that if a public official's property is directly involved, the financial effect of a governmental decision on the real property is presumed to be material. A public official's real property is directly involved in a governmental decision if it is within 500 feet of the boundary of the project. An official who otherwise has a conflict of interest may participate in a decision if the "public generally" exception applies. This exception applies when the effect of the decision on the public official is indistinguishable from the effect on a significant segment of the public. In this case, the FPPC has opined that a sufficiently large segment of the properties within the City will be affected in a substantially similar manner. Consequently, the "public generally" exception would apply to Councilmembers Rindone and Salas. Councilmember McCann's situation is complicated by the property being a rental property that is a source of income to the him. The FPPC will require additional information to provide an opinion on Councilmember McCann's situation. 276 FOURTH AVENUE· CHULA VISTA· CALIFORNIA 91910 . (619) 691-5037· (619) 409-5823 @ Post-ConsumerRecycledPaper At this time, Council members Rindone and Salas may rely on the opmlOn provided by the FPPC and participate in the decisions regarding the UCSP. We would advise Councilmember McCann to recuse himself from any actions related to the UCSP. cc: David D. Rowlands, Jf. Sid Morris George Krempl Jim Sandoval Laurie Madigan CITY OF CHULA VISTA JOINT GENERAL PLAN UPDATE WORKSHOP INFORMATION MEMORANDUM DATE: January 9,2004 TO: The Honorable Mayor and City Council Mernbers The Honorable Chair and Members of the Planning Commission VIA: David D. Rowlands, Jr., City ManagerCt ~~ FROM: Jim Sandoval, Director of Planning and 'Buildin~ ¡.;.Js. Ed Batchelder, Deputy Planning Direct~ SUBJECT: January 14,2004, General Plan Update Joint Workshop As the Council and Commission are aware from previous reports, the General Plan staff team has (and REF Consulting) been working to prepare proposed General Plan Land Use and Transportation Alternatives for initial testing. Most recently, the team held a series of community workshops on November 15,17 and 19 to engage community discussion and input on a set ofland use concepts compiled by staff, with assistance from the Steering Committee. One workshop was held in each of three major geographic subareas in the City (Northwest, Southwest and EastJOtay Ranch), which focused on the proposed concepts in that area. Those concepts were the outgrowth of prior community and citizen committee inputs, along with other information gathering, including the Town Hall meeting held at Bonita Vista High School on June 21. Based on the above inputs, staff has created three, proposed citywide Alternatives to undergo initial testing. Pursuant to State law, General Plan updates are required to consider a range of alternatives for the community's future. This process allows the community to explore the potential outcomes and effects of different approaches to attaining the desired vision. The process typically starts with a range of ideas and concepts that are refined into final alternatives, and ultimately, a preferred alternative that is presented as the proposed, updated General Plan. The proposed Alternatives to be presented at the January 14 workshop represent that range of ideas, and if acceptable to the Planning Commission and City Council, will in order to determine potential outcomes and effects that can be used by staff, committees, the community and decision makers to determine appropriatefinal alternatives, and a preferred General Plan Alternative. Workshop purpose and expectations - As noted above, at this point in the process, the proposed Alternatives simply reflect a reasonable range of options that staff, the community and the citizen committees feel are appropriate for testing. The purpose of presenting the Alternatives is to brief the Planning Commission and City Council on the current range of options, provide the opportunity to indicate to staff if the breadth of the Alternatives is sufficient for conducting initial tests. Sufficient breadth could, for example, include such considerations as to whether, among the Alternatives, proposed land uses reflect densities and intensities envisioned for the revitalization and redevelopment of the downtown area, Joint Workshop Info Memo, 1-9-04 Page 2 if desired future employment lands have been addressed, and/or whether the range of residential proposals provide sufficient future housing opportunities. The Connnission and Council are not being asked at this time to comparatively discuss the proposed Alternatives, indicate preferences, or to take any specific action on them. Rather, the Connnission and Council should indicate to staff if there is any land use concept that has not been shown that should be included in any of the proposed Alternatives. Workshop format- The workshop will consist ofthe following main components: · Introduction and Background - by staff on the purpose of the General Plan Update, its strategic relationship to other active and pending major projects, programs and Council initiatives, and an overall status report · Connnittee Chair Connnents - an opportunity for the Chairs of any of the four citizen connnittees to address the Connnission and Council as to the process and outcomes to- date · Summary of Key Issues and Considerations - by staff to highlight regional and local factors influencing the GP Update and the Alternatives · Overview of the Land Use and Transportation Alternatives - by staff to introduce the overall focus areas and concepts, and to then review each of the three Alternatives within each of the major focus areas (Northwest, Southwest and EastJOtay Ranch) · Public Connnent - an opportunity for members of the public in attendance to offer connnents on the proposed Alternatives presented · Planning Connnission and City Council Discussion and Direction - to identify if any concepts desired for testing have not been included among the proposed Alternatives, and to provide direction to staff as to connnencing testing. · Next Steps - staff will highlight major GP program activities for the next several months, and through completion of the Update. Joint Workshop Info Memo, 1-9-04 Page 3 Background Information - Following is a synopsis of some of the topics and information that will be presented at the workshop: (h~n~T;:¡l Phm TTpn:::ltp. pnrpo~f': ;:¡nrl !':tr;:¡teEi~ Tf':h1t1nn~hip~ to othP:T adivp: :mrl I'p:nc1;ng m~or projp:~t~ prngr;:¡m~ anrl rOlmr.l1 initi;:¡tivf':~ - The General Plan Update (GPU) provides a unique, periodic opportunity to comprehensively re-establish the long-term vision for the City with the community, and to re-tool the framework of policies and programs that guide development activities. General Plans are typically revisited every 10+ years in order to review a city's future course considering both internal and external changes. This GPU for Chula Vista comes at a particularly important time as the City positions itself to address internal changes including revitalization of western Chula Vista and development of the bayfront. Changes in regional growth and development patterns have also resulted in an expanded role and stature for the City of Chula Vista. The beginnings of this change in direction are taking form through a number of programs arising from Council's 5 Strategic Themes. Following are some of the most notable: · Economic Development Strategy · City hnage Campaign · 1-5 Corridor Study · Broadway Revitalization Strategy · Urban Core Specific Plan · Chula Vista Bayfront Master Plan · WCV Parks Master Plan · Transit First Program · MSCP · Sustainable Development · Historic Preservation The above programs/plans and others all fall within the framework of the City's General Plan. The goals and policies of the General Plan are what tie them all together. Once the updated General Plan is adopted, future development will be consistent with the policies contained within. OPT T ~tMm;: ~l1mm;:¡ry- As outlined below, we are currently very near completion of the third phase of the four-phased GPU work program. Joint Workshop Info Memo, 1-9-04 Page 4 rompl"'t"'cI Ph~.",. T IV TT' Phase I included the initial Town Hall meeting in April 2002, the Visioneering Program conducted from May-September 2002, and concluded with the establishment of the four GPU Citizen Committees in October 2002. A Preliminary Issues Report based on the Visioneering Program inputs was published in November 2002. Phase II included the review ofthese issues with the citizen committees, the development of a Draft Vision & Goals Report (May 2003), and the completion of the 27 "Areawide Studies" presenting background conditions spanning numerous topics rrom inrrastructure and services, to demography, to environmental baseline conditions. Each Areawide Study identified "planning issues and policy implications" for the GPU to address, and provide a part of the rramework for developing GP objectives and policies, and refining alternatives. N"'~rly rompl"'t"'cI Ph~.", m· Phase ill is focused on draft Plan Alternatives and Policy Development, and got underway with the Town Hall meeting on June 21, 2003, at Bonita Vista High School. The Town Hall meeting was attended by approximately 150 people, and staff received feedback on a broad range of general land use concepts within each of the three major planning subareas; Northwest, Southwest and EastlOtay Ranch. As many areas of the City are considered to be stable, and are not be recommended for any General Plan change, the proposed land use concepts focused on specific "opportunity areas" where changes are most appropriate and/or likely to occur. A Town Hall II Summary Report (August 2003) was published. Staff (with RBF Consulting) assembled three, more distinct land use and transportation concepts within each of three major planning subareas (northwest, southwest, and eastlOtay Ranch). We developed a "newsprint" publication (in cooperation with the Star News) noticing the meetings, profiling issues facing the City, and discussing how General Plan land use concepts respond. These more distinct Concepts were presented at a series of community meetings held on November 15, 17 and 19, and attended by 250-300 people. The interactive workshops allowed individuals to express their preferences regarding the concepts. A Town Hall ill Community Workshops Results report was published, and those inputs were considered in shaping the Alternatives being presented tonight. Phase ill will culminate with the testing of the proposed alternatives, the shaping of final Alternatives, and a recommended Preferred Alternative over the next 2 months. Now romm",nr.ing Ph~.", TV: Phase IV involves the preparation of the General Plan documents (Elements, EIR, Tech Appendicies) and the formal public review, hearings and adoption process. We have begun preparation of draft Elements which will be reviewed through the citizen committees, and anticipate the start of adoption hearings in July 2004. Joint Workshop Info Memo, 1-9-04 Page 5 Overview ofK ey Pbnning T«lIe. ~nrl Policy Tmplic~tion.- As mentioned earlier, the GPU staff and consulting team have completed, and reviewed with the citizen committees 27 Areawide Studies. The Studies provide background information and an assessment of existing and forecasted conditions to serve as a technical foundation for the GPU. As part of this technical foundation, each of the Studies contains a "Planning Issues and Policy hnplications" section identifying initial conclusions as to the bearing of the Study's information on the GPU. Attachment 1 provides a summary list of some of the key items identified by the Studies, and has been divided into the following five (5) subject categories: Land Use and Community Character Economic Development/Fiscal Public Facilities and Services Traffic and Transportation Environmental These issues and implications are a partial basis for proposed land use and transportation alternatives, and are also formative in the development of draft objectives and policies for the various General Plan Elements. PrP.p~r;:¡tinn ofT ;:Inn TT~~ ~mCl Tr::m~()rt;:¡ti()n A1t~rn;:¡tivp:~- Beginning at the Town Hall IT meeting on June 21, 2003, the GPU team presented a broad range of potential development concepts within generalized "opportunity areas" where future growth and development changes would be most logically directed, or would be most likely to occur. Those concepts were based on previous inputs, the "visioneering" program, and the Draft Vision and Goals report prepared through the four citizen committees. The public was asked to indicate whether the concepts reflected a valid range of considerations for future evaluation, and what their personal likes or dislikes were among the concepts. With minor exceptions, the public generally found the range of concepts to be valid, and offered numerous comments about particular likes and dislikes. Using the outcomes of Town Hall IT, along with earlier public and other inputs, staffworked with RBF Consulting to prepare more distinct Land Use Concepts that were expressed using proposed General Plan land use designations. A range of three Concepts (A, B, C) was prepared for each of the three major planning subareas (northwest, southwest, and eastJOtay Ranch) for the purposes of review (9 concepts total). Each of the major subareas was broken down into sub-districts for presenting the proposals. The proposals were presented at the community meeting on November 15,17 and 19, where the public was able to discuss the Concepts with the GPU staff and consulting team, make suggestions for refining them, and indicate their particular preferences among the Concepts with respect to Joint Workshop Info Memo, 1-9-04 Page 6 the various sub-districts. Considering the inputs ITom those meetings, staff and REF assembled the three, proposed citywide Alternatives now being presented for testing. These Alternatives do not represent a range of intensity from least to most, but rather are assembled to reflect varying options in the locations, combinations and arrangement ofland uses. All the Alternatives consider smart growth principles previously discussed with Council, and take into consideration existing and future transit networks, and the need to better integrate land uses, transit and pedestrian mendliness. The Concepts are intended to reflect a range of options to be evaluated to identity their initial viability and related effects. Next Steps - If the range of proposed Alternatives presented is agreeable with the Planning Commission and City Council, staff and the consulting team will proceed with testing of the Altematives to identity their effects with regard to traffic and transportation, public facilities and services, environmental factors, and fiscal soundness. Staff will work with the consultants and the Steering Committee to review the outcomes to further refine the alternatives, and to determine a proposed alternative. Staff would then present the information for input at a community meeting(s) (tentatively in late March 2004). Ultimately, staff will return to the Planning Commission and City Council with a preferred alternative as well as others based upon outcomes ofthe testing and the public review meeting(s). Athr.hmpnt~ 1. Summary List of Key Planning Issues & Policy Implications J:\Planning\ED\GP Land Use AnaJysis\CC-PC Info Memo Ol-09-04v2.doc SUMMARY OF KEY PLANNING ISSUES/POLICY IMPLICATIONS IDENTIFIED THROUGH THE GPU AREAWIDE STUDIES AND OTHER INPUTS- Through preparation ofthe 27 Areawide Studies (identifying existing conditions and background assessments), as well as inputs ftom the public and the four citizen committees, numerous "planning issues and policy implications" were identified for the General Plan Update (GPU) to consider. Following is a summary listing of issues considered to be foundational to the GPU effort. (More complete listings and discussions can be found in the Areawide Studies). LAND USE & COMMUNITY CHARACTER · Better tie the location of housing and employment to existing and future transit stations and corridors. · Strongly support a balanced mix of uses in neighborhood areas, and the location of employment centers to minimize motor vehicle trips. · Establish "mixed use" designations and related provisions. · Encourage land use mixes and design that promote energy efficiency, including mixed use development, site design, building design, pedestrian ftiendliness, and the integration of alternative modes of travel. · Preserve existing, stable single-family neighborhoods in western Chula Vista. · Retain the "small town" character and charm of Chula Vista while providing opportunities for growth and redevelopment. · Enhance community cohesion between eastern and western CV through complimentary land uses and better, more convenient transportation linkages. · Establish downtown CV (Third Av. and surroundings) as the heart of the City, and the City's primary cultural, entertaimnent and restaurant district. · Address the future disposition of the South Bay Power Plant site. · Balance development with enviromnental preservation and public open space protections in the bayftont area. · Preserve and enhance prominent and important viewsheds, particularly between WCV and the bay. · Improve the image of Chula Vista along major edges and corridors, and at key gateways, through land use, streetscape and landscape policies and guidelines. Incentivize and prioritize improvements to the most visible and used areas. · Balance historic preservation with the need to revitalize and redevelop areas of WCV through policies and guidelines that address architectural treatments, streetscape design, and consider approaches such as adaptive reuse. · Incorporate policies that assist the City in meeting its source reduction, reuse and recycling goals for solid and hazardous waste. · Consider locating "general areas" permissible for the consideration of hazardous waste treatment, storage and/or disposal facilities away from watershed areas, and the possible elimination of the bayftont and SR-54 "general areas". ATTACHMENTl Page 1 of 4 ECONOMIC DEVELOPMENT / FISCAL · Expand Chula Vista's employment base to add higher value jobs so residents can earn sufficient wages locally to afford local housing costs, and thereby reduce the need to commute. · Ensure an adequate supply of multi-family and affordable housing to meet the needs of service workers, and to promote a better jobslhousing balance. · Provide sufficient opportunities for retaining and expanding local small businesses in both new development and redevelopment. · Recognize the important role that arts and culture (and related facilities and venues) play in creating catalysts for economic development and revitalization. · Identify and clarify the unique and complimentary roles that our major activity centers (including the bayfront, Chula Vista Center, downtown Third Ave., and the Eastern Urban Center) will play in relation to one another. · Promote the University and educational excellence toward ensuring a well trained and skilled workforce. · Provide for a land use plan that generates sufficient revenues to provide and sustain facilities and services to maintain the quality-of-life desired by the community. PUBLIC FACILITIES & SERVICES · Emphasize the role of art and culture in establishing the City's social fabric and identity, and provide policies to establish an arts and culture district in downtown Chula Vista, and encourage related facilities to locate there. · Provide policies to address future school facility needs in WCV through either the horizontal or vertical expansion of existing sites, or the identification ofthe need for new sites. · Carefully evaluate opportunities for joint use of school sites in terms of shared field/recreation and facility space, and consider policies that would emphasize school sites as neighborhood and community centers. · Consider incorporating policies addressing the provision of sufficient health and human services and facilities, and emphasizing these as a core aspect of the community and healthy lifestyles for Chula Vistans. · Address long-term water supply, and balance development in accordance with that supply. · Consider existing "deficient" conditions in WCV (e.g. parks, drainage, select SW area street improvements) in addition to the demands created by new growth and development. Promote eqitable facility provision between eastern and western CV, particularly park and recreation facilities. · Develop a funding and financing program for needed inftastructure in WCV. · Consider the effects of potential density and building height increases in WCV and the bayfront on fire service, equipment, facilities/station locations and personnel. ATTACHMENT 1 Page 2 of 4 · Water system improvements needed in WCV to meet increased fire flow demands generated by potential redevelopment and intensification. · Take into consideration the community's long-term energy demands and the reliability of supply. · Ensure the GPU adequately addresses drainage provisions and requirements stemming from the National Pollution Discharge Elimination System (NPDES) program. · Integrate appropriate content from the existing Child Care Element into a chapter within the new, integrated Public Facilities and Services Element. TRAFFIC & TRANSPORTATION · Integrate and promote the South Bay Transit First Plan as a foundation ofthe GP's land use and transportation system. · Advocate regional planning and coordination to ensure that Chula Vista's transit and roadway system connects to a viable, regional system. · Promote urban mobility concepts that seek to emphasize land use mix, integration and vibrance, pedestrian friendliness and transit orientation over past predominant emphasis on automobile accommodation. · Advocate Transportation Demand Management (TDM) concepts. · Develop a transportation system that better links eastern and western Chula Vista, particularly the major activity and employment centers. · Provide for an integrated network of sidewalks, bike paths and trails to connect neighborhoods and activity centers throughout the City. ENVIRONMENTAL · Ensure preservation of the Planning Areas unique open space features and natural resources. · Ensure protection of the Bay and adjoining resources in the bayfront area. Provide an integrated open space and trails framework for ongoing bayfront planning actions. · Achieve consistency between the General Plan, the Otay Ranch Resource Management Plan (RMP), and the recently adopted CV MSCP Subarea Plan with regard to land use designations, boundaries, conservation percentages, restoration requirements and policy language. · Reconcile the standards and locations for trails within the Greenbelt with the MSCP Subarea Plan. Include trails policies and guidelines within the GP that would lead to the preparation of a citywide Trails Master Plan. · Reconcile the location/boundaries of the University site on the General Plan with those analyzed in the MSCP Subarea Plan. · Reconcile GP discussions of public facilities with the discussion of allowable facilities within the Preserve as identified in the MSCP Subarea Plan. · Reconcile the GP Circulation Element roadways to remove those segments that were explicitly excluded from coverage in the MSCP Subarea Plan. ATTACHMENT 1 Page 3 of 4 · Ensure any proposed alignments/realignments of roadways are consistent with the MSCP Subarea Plan. · Incorporate mineral resources management policies into the GP in conformance with state guidelines. Revise the OP to reflect the restrictions placed on mining / extractive uses (in the Otay River Valley) as identified in the MSCP Subarea Plan. Address any potential inconsistencies or conflicts with SMARA's significant mineral resource designations in Otay Valley. · Provide for adequate, interconnected open space and parklands in western CV to offset the effects of potential increased density or intensity of development. · Expand upon urban, community-based green infrastructure that is distinct from habitat conservation (e.g. community and pocket parks, canyons, community and roof gardens, vegetated drainage swales, landscaped driveway strips, etc.). · Provide GP goals, objectives and policies to support acquisition or easement dedication of open space within the Greenbelt, and encourage connections with the regional trails system. · Promote and incentivize sustainable development concepts in the GP through policies related to the C02 Reduction Plan, Energy Action Plan, Water Conservation and Air Quality Improvements Plans, recycling, source reduction, resource conservation, renewable energy sources (solar/wind), and other efforts that have occurred subsequent to the last comprehensive update in 1989. · Establish policies promoting energy efficiency, including the encouragement of potential additional cogeneration facilities in CV. · Consider establishing an "environmental technology" industry overlay near the landfill to promote the location of industries involved in recycling, materials reuse, and other sustainable development related pursuits. · Address the future disposition ofthe South Bay Power Plant, and potential reuse of all or a portion of the site. · Incorporate appropriate noise standards into the GP which currently does not address noise, along with policies and guidelines regarding land use, traffic calming and other techniques to manage noise levels. J:\Planning\ED\GP Land Use Analysis\CC-PC JOÎnt workshop issues list Ol-08-04.doc ATTACHMENT 1 Page 4 of 4 Jan. 13,2003 To: Mayor Steve Padilla Council members ~ ~ Patty Davis, John McCannerry Rindo~'Mary Salas City Manager Dave Rowlands I am unable to attend meetings you schedule during the workday. I do want you to know that when the Public Workshops were held last year, the opinion of the people I spoke to when attending was that they did NOT want Open Space areas encroached upon by houses or commercial development. This was also clear during the public meeting regarding the proposed KOA development. Leave the areas designated as Open Space unaltered. Thank you, ~v\JfJ.k~ Susan D. Walter 238 Second Avenue Chula Vista, CA 91910 ---,.-~--"--_._----_._--_. ~ -i -,.- !-I¡I~$ !f~ -- :; ;; ¡= f:= ~::- :~ - 1 1.OW!NTUtSI1"Y.....,.t>IAaAcrII; ... -----....- --.----- ... -~--_...- 2 ... -_.- -_.~- --- -- ... 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