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2024/06/25 Post Agenda Packet
Date:Tuesday, June 25, 2024, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA REGULAR CITY COUNCIL MEETING Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only). Free Spanish interpretation is available on-site. _______________________________________________________________________________________ In-Person Public Comments: Submit a request to speak to City Clerk staff before the close of the public comment period on an item or before the close of the general Public Comment period for non-agenda items. Electronic Public Comments: At chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." You may also email cityclerk@chulavistaca.gov. eComments, emails, and other written comments must be received by noon for a regular City Council meeting. Watch Live or Recorded (English and Spanish): Visit chulavistaca.gov/councilmeetings. Click "ES" at the bottom to switch to Spanish. Closed captioning is available in both languages. Accessibility: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691- 5041. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made. Gov. Code § 84308: Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "G.C. § 84308: Yes" on this agenda indicates that the item is subject to these regulations. PUBLIC PARTICIPATION Complete Agenda Packet: The complete agenda packet, including staff reports, draft resolutions and ordinances, and other backup materials, is available at chulavistaca.gov/councilmeetings or the City Clerk's Office. Time Allotted for Speaking (subject to change by the presiding officer) - Consent Calendar (any or all items): 3 minutes - Agenda Items (not on Consent): 3 minutes - General Public Comment (not on agenda): 3 minutes Individuals who use a translator will be allotted twice the time. General Public Comments: Twenty-one (21) minutes are scheduled near the beginning of the meeting. The first seven (7) speakers will be heard during the first Public Comment period. If there are additional speakers registered, they will be heard during the continued Public Comment period. If all registered speakers present at the time address the City Council during the first Public Comment period, there will be no continued Public Comment period. Submitting Request to Speak: A request to speak must be submitted to the City Clerk before the close of the public comment period on an item or before the close of the general Public Comment period for non-agenda items. GETTING TO KNOW YOUR AGENDA AGENDA SECTIONS Consent Calendar items are routine items that are not expected to prompt discussion. All items are considered for approval at the same time with one vote. Before the vote, there is no separate discussion of these items unless the Mayor or a City Councilmember removes the item from the consent calendar. Items removed from the consent calendar are heard as action items. Public Comment provides an opportunity to address the City Council on any matter not listed on the agenda that is within the jurisdiction of the City Council. Under the Brown Act, the City Council cannot take action on matters not listed on the agenda. Public Hearings are held on matters specifically required by law. Action Items are items expected to cause discussion and/or action by the City Council but do not legally require a public hearing. Closed Session may only be attended by members of the City Council, support staff, legal counsel, and others as specified on the agenda. Closed session may be held only in very limited circumstances as authorized by law. CITY COUNCIL ACTIONS: Resolutions are formal expressions of opinion or intention of the City Council and are usually effective immediately. Ordinances are laws adopted by the City Council. Ordinances usually amend, repeal, or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings and go into effect 30 days after the final approval. Proclamations are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. City of Chula Vista - City Council June 25, 2024 Post Agenda Page 2 of 315 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.CONSENT CALENDAR (Items 4.1 through 4.3) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of these items unless the Mayor or a City Councilmember removes the item from the consent calendar. Items removed from the consent calendar will be heard as action items. RECOMMENDED ACTION: City Council approve the recommended action on the below consent calendar items. 4.1 Approve Meeting Minutes 7 RECOMMENDED ACTION: Approve the minutes dated: June 11 and 18, 2024. 4.2 Waive Reading of Text of Resolutions and Ordinances RECOMMENDED ACTION: Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 4.3 Ratification of Appointment: City Manager’s Appointment of Director of Parks and Recreation – Frank Carson 28 Report Number: 24-0202 Location: No specific geographic location Department: Human Resources G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution ratifying the City Manager’s appointment of Frank Carson as Director of Parks and Recreation. 5.PUBLIC COMMENTS 35 Twenty-one minutes are scheduled for the public to address the City Council for three minutes each on any matter within the jurisdiction of the City Council that is not on the agenda. The remaining speakers, if any, will be heard during the continued Public Comment period. 6.ACTION ITEMS City of Chula Vista - City Council June 25, 2024 Post Agenda Page 3 of 315 6.1 Consider Items Removed From the Consent Calendar, if Any Consider items removed from the consent calendar by the Mayor or a City Councilmember, if any. If no items were removed from the consent calendar, this item will be withdrawn. 6.2 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending March 31, 2024 (Third Quarter Report) and Appropriate Funds to Implement Required Budget Adjustments 83 Report Number: 24-0179 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Under the National Environmental Policy Act (NEPA), the activity is exempt pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban Development Environmental Guidelines. RECOMMENDED ACTION: Accept the quarterly financial report for the quarter ended March 31, 2024 (the “Third Quarter Report”) and adopt a resolution making various amendments to the Fiscal Year 2023/24 budget to adjust for variances and appropriating funds for that purpose. (4/5 Vote Required) 6.3 Comprehensive Code Update – Adopt an Ordinance Making Amendments to the Chula Vista Municipal Code 101 Report Number: 24-0178 Location: No specific geographic location Department: Development Services G.C. § 84308: No Environmental Notice: The Project qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. City of Chula Vista - City Council June 25, 2024 Post Agenda Page 4 of 315 RECOMMENDED ACTION: A) Adopt an ordinance amending Chula Vista Municipal Code Title 8 (Health and Sanitation), Title 12 (Streets and Sidewalks), Title 13 (Sewers), Title 15 (Buildings and Construction), Title 18 (Subdivisions), and Title 19 (Planning and Zoning). (Second Reading and Adoption) B) Consider making a referral to the Planning Commission for a report and recommendation within 90 days to allow up to two detached accessory dwelling units on a lot with an existing single-family dwelling. 6.4 Ballot Initiative: Place a Measure on the November 5, 2024 Ballot to Continue the One-Half Cent General Sales Tax for 10 Years, Carry Out Necessary Election Procedures, Approve Related Ordinance Amending CVMC 3.33, and Authorize Other Necessary Actions 278 Report Number: 24-0191 Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Adopt the following: Ordinance of the City of Chula Vista amending Title 3, Chapter 3.33 of the Chula Vista Municipal Code to continue a temporary one-half cent general transactions and use tax to be administered by the California Department of Tax and Fee Administration. (First Reading) (4/5 vote required) A. Resolution of the City Council of the City of Chula Vista 1) amending Resolution No. 2024-054 calling a general municipal election to be held on Tuesday, November 5, 2024; 2) ordering submission to the qualified voters of the city, a proposed ordinance relating to the extension of a one-half cent general transactions and use tax; 3) authorizing the Mayor to submit ballot arguments in favor of the measure; and 4) directing the City Attorney to prepare an impartial analysis of the measure. (4/5 vote required) B. 7.PUBLIC COMMENTS (CONTINUED) There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard. 8.CITY MANAGER’S REPORTS City of Chula Vista - City Council June 25, 2024 Post Agenda Page 5 of 315 9.MAYOR’S REPORTS 10.COUNCILMEMBERS’ REPORTS 10.1 Councilmember Preciado Report by the City Council Charter Review Subcommittee 11.CITY CLERK'S REPORTS 12.CITY ATTORNEY'S REPORTS 13.ADJOURNMENT to the regular City Council meeting on July 9, 2024 at 5:00 p.m. in the Council Chambers. Materials provided to the City Council related to an open session item on this agenda are available for public review, please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or (619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista - City Council June 25, 2024 Post Agenda Page 6 of 315 City of Chula Vista Regular City Council Meeting MINUTES Date: Location: June 11, 2024, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, Mayor McCann Also Present: City Manager Kachadoorian, City Attorney Verdugo, City Clerk Bigelow, Deputy Director of City Clerk Services Turner Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:00 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Deputy Mayor Gonzalez. Mayor McCann called for a moment of silence to honor D-Day, paying tribute to the veterans and fallen heroes. Mayor McCann announced, pursuant to AB 23, that he and all Councilmembers would receive $50 for their attendance at that Housing Authority meeting, held simultaneously with the City Council meeting. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation to Coach Chris Kryjewski and Certificates of Congratulations to the Castle Park High Lacrosse Girls Team in Honor of Qualifying for the CIF Championships The proclamation was presented. 4.2 Presentation of a Proclamation to the Alzheimer's Association Proclaiming June as Alzheimer's and Brain Awareness Month in the City of Chula Vista The proclamation was presented. Page 7 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024-06-11 Regular City Council Meeting Minutes Page 2 5. CONSENT CALENDAR (Items 5.1 through 5.12) Mayor McCann stated he would abstain from voting on Items 5.5, 5.9C, and 5.9F due to a potential property-related conflict of interest. He also announced the following abstentions for Item 5.9 due to property-related conflicts of interest: Councilmember Chavez on Items 5.9C and 5.9E, and Councilmember Morineau on Item 5.9D. The following members of the public spoke regarding various matters related to consent calendar items: Delia Dominguez Cervantes, Chula Vista resident John Acosta, Chula Vista resident Item 5.7 was removed from the consent calendar at the request of Councilmember Preciado. Moved by Councilmember Preciado Seconded by Councilmember Chavez To approve the recommended actions appearing below consent calendar Items 5.1 through 5.4, Item 5.6 and Items 5.8 through 5.12. The headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Moved by Councilmember Preciado Seconded by Councilmember Chavez To approve the recommended action appearing below consent calendar Item 5.5. T he heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, and Councilmember Preciado Abstain (1): Mayor McCann Result, Carried (4 to 0) Moved by Councilmember Preciado Seconded by Councilmember Chavez To approve the recommended action appearing below consent calendar Items 5.5A and 5.5B. The headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Page 8 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024-06-11 Regular City Council Meeting Minutes Page 3 Moved by Councilmember Preciado Seconded by Councilmember Chavez To approve the recommended action appearing below consent calendar Item 5.5C. The heading was read, text waived. The motion was carried by the following vote: Yes (3): Deputy Mayor Gonzalez, Councilmember Morineau, and Councilmember Preciado Abstain (2): Councilmember Chavez, and Mayor McCann Result, Carried (3 to 0) Moved by Councilmember Preciado Seconded by Councilmember Chavez To approve the recommended action appearing below consent calendar Item 5.5D. The heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Abstain (1): Councilmember Morineau Result, Carried (4 to 0) Moved by Councilmember Preciado Seconded by Councilmember Chavez To approve the recommended action appearing below consent calendar Item 5.5E. The heading was read, text waived. The motion was carried by the following vote: Yes (4): Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Abstain (1): Councilmember Chavez Result, Carried (4 to 0) Moved by Councilmember Preciado Seconded by Councilmember Chavez To approve the recommended action appearing below consent calendar Item 5.5F. The heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, and Councilmember Preciado Abstain (1): Mayor McCann Result, Carried (4 to 0) Page 9 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024-06-11 Regular City Council Meeting Minutes Page 4 5.1 Approve Meeting Minutes Approval of the minutes dated: May 14, 21, and 28, 2024. 5.2 Waive Reading of Text of Resolutions and Ordinances Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Community Facilities District: Declare Intention to Form Community Facilities District No. 2024-1 (Citrus Bay) Adopt resolutions: A) Approving the proposed boundaries of proposed Community Facilities District No. 2024-1 (Citrus Bay) (“CFD No. 2024-1”), declaring the intention of the City Council to authorize the formation of the proposed CFD No. 2024-1, levy a special tax, and set a time and place for the public hearing; and B) Declaring the necessity to incur bonded indebtedness. Item 5.3 headings: A) RESOLUTION NO. 2024-114 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2024-1 (CITRUS BAY) OF THE CITY OF CHULA VISTA AND TAKING OTHER ACTIONS RELATING THERETO B) RESOLUTION NO. 2024-115 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (CITRUS BAY) TO BE SECURED BY SPECIAL TAXES LEVIED THEREIN TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES 5.4 MOU Amendment: Approve a Fifth Amendment to the National Pollutant Discharge Elimination System San Diego Regional Stormwater Copermittees Memorandum of Understanding (MOU) Adopt a resolution approving the Fifth Amendment to the National Pollutant Discharge Elimination System San Diego Regional Stormwater Copermittees Memorandum of Understanding. Item 5.4 heading: RESOLUTION NO. 2024-116 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIFTH AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING AMONG THE COPERMITTEES OF THE SAN DIEGO COUNTY NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL PERMIT, AND AUTHORIZING AND DIRECTING THE MAYOR TO SIGN THE FIFTH AMENDMENT ON BEHALF OF THE CITY 5.5 Active Transportation Program: Authorize the Submittal of Cycle 7 Grant Applications for The F St Promenade Phase 2 and The Anita St and Industrial Blvd Bicycle and Pedestrian Improvements; and State the City’s Assurance to Complete the Projects Adopt a resolution authorizing the submittal of two applications for the Active Transportation Program Cycle 7 grants for the F Street Promenade – Phase 2 and the Anita Street and Industrial Boulevard Bicycle and Pedestrian Improvements, Page 10 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024-06-11 Regular City Council Meeting Minutes Page 5 stating the City’s commitment to complete these projects and enhance the local transportation infrastructure. Item 5.5 heading: RESOLUTION NO. 2024-117 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF TWO ACTIVE TRANSPORTATION PROGRAM – CYCLE 7 GRANT APPLICATIONS FOR THE F STREET PROMENADE - PHASE 2 PROJECT AND THE ANITA STREET AND INDUSTRIAL BOULEVARD BICYCLE AND PEDESTRIAN IMPROVEMENTS PROJECT; AND STATING THE CITY’S ASSURANCE TO COMPLETE THE PROJECTS 5.6 Road Maintenance: Adopt a List of Projects for Fiscal Year 2024/25 Funded by Senate Bill 1, the Road Repair and Accountability Act of 2017 Adopt a resolution adopting a list of projects for Fiscal Year 2024/25 funded by the Road Maintenance and Rehabilitation Account created by Senate Bill 1: The Road Repair and Accountability Act of 2017. (4/5 Vote Required) Item 5.6 heading: RESOLUTION NO. 2024-118 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (4/5 VOTE REQUIRED) 5.8 Gann Limit: Establish Appropriation Limits for Fiscal Year 2024/25 Adopt a resolution establishing the appropriations limit (Gann Limit) for the City of Chula Vista for Fiscal Year 2024/25. Item 5.8 heading: RESOLUTION NO. 2024-120 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE APPROPRIATIONS LIMIT (GANN LIMIT) FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2024-2025 5.9 Open Space Districts: Initiate Proceedings, Approve the Engineer’s Report, Declare the Intention to Levy and Collect Assessments for the Open Space Districts for Fiscal Year 2024/25, and Set a Public Hearing Adopt the following resolutions: A) Initiating proceedings for the levy and collection of assessments for Fiscal Year 2024-25 for Open Space Districts 1 through 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, Eastlake Maintenance District No 1, Town Centre Maintenance District, and Bay Boulevard Maintenance District pursuant to the Landscaping and Lighting Act of 1972; B) Approving the Engineer’s Report, declaring the intention to levy and collect assessments; and setting a public hearing for July 16, 2024, regarding the Fiscal Year 2024-25 assessments for Open Space Districts 3 through 11, 14, 15, 17, 18, 20 (Zones 1 through 4, 6, 8, and 9), 23, 24, 26, 31, 33, Eastlake Maintenance District No 1, Town Centre Maintenance District, and Bay Boulevard Maintenance District; Page 11 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024-06-11 Regular City Council Meeting Minutes Page 6 C) Approving the Engineer’s Report, declaring the intention to levy and collect assessments; and setting a public hearing for July 16, 2024, regarding the Fiscal Year 2024-25 assessments for Open Space District 1; D) Approving the Engineer’s Report, declaring the intention to levy and collect assessments; and setting a public hearing for July 16, 2024, regarding the Fiscal Year 2024-25 assessments for Open Space District 2; E) Approving the Engineer’s Report, declaring the intention to levy and collect assessments; and setting a public hearing for July 16, 2024, regarding the Fiscal Year 2024-25 assessments for Open Space District 20 Zone 5; F) Approving the Engineer’s Report, declaring the intention to levy and collect assessments; and setting a public hearing for July 16, 2024, regarding the Fiscal Year 2024-25 assessments for Open Space District 20 Zone 7. Item 5.9 headings: A) RESOLUTION NO. 2024-121 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-25 FOR OPEN SPACE DISTRICTS 1 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO. 1, TOWN CENTRE MAINTENANCE DISTRICT, AND BAY BOULEVARD MAINTENANCE DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 B) RESOLUTION NO. 2024-122 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2024-25 ASSESSMENTS FOR OPEN SPACE DISTRICTS 3 THROUGH 11, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 4, 6, 8, AND 9), 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE DISTRICT NO. 1, TOWN CENTRE MAINTENANCE DISTRICT, AND BAY BOULEVARD MAINTENANCE DISTRICT C) RESOLUTION NO. 2024-123 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2024-25 ASSESSMENTS FOR OPEN SPACE DISTRICT 1 D) RESOLUTION NO. 2024-124 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2024-25 ASSESSMENTS FOR OPEN SPACE DISTRICT 2 E) RESOLUTION NO. 2024-125 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2024-25 ASSESSMENTS FOR OPEN SPACE DISTRICT 20 ZONE 5 Page 12 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024-06-11 Regular City Council Meeting Minutes Page 7 F) RESOLUTION NO. 2024-126 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S REPORT, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2024-25 ASSESSMENTS FOR OPEN SPACE DISTRICT 20 ZONE 7 5.10 Agreement Amendment: Amend the EMS Billing and Collections Agreement with Wittman Enterprises, LLC to Increase the Annual and Overall Not-to- Exceed Amounts Adopt a resolution approving the First Amendment to the EMS Billing and Collections Agreement with Wittman Enterprises, LLC, increasing the annual not- to-exceed amount to $1,000,000 and the overall not-to-exceed amount to $3,250,000. Item 5.10 heading: RESOLUTION NO. 2024-127 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE EMS BILLING AND COLLECTIONS AGREEMENT WITH WITTMAN ENTERPRISES, LLC TO INCREASE THE ANNUAL NOT-TO-EXCEED AMOUNT TO $1,000,000 AND THE OVERALL NOT-TO-EXCEED AMOUNT TO $3,250,000 5.11 Agreement Amendments: Approve a First Amendment to the Agreement with Circuit Transit Inc. and a First Amendment to the Agreement with CALSTART, Inc. for the Chula Vista Community Shuttle Pilot Program Adopt a resolution authorizing the City Manager to execute the necessary agreement amendments to enhance the Chula Vista Community Shuttle Pilot program. Item 5.11 heading: RESOLUTION NO. 2024-128 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENT AMENDMENTS TO ENHANCE THE CHULA VISTA COMMUNITY SHUTTLE PILOT PROGRAM 5.12 Agreement: Approve an Amendment to the Agreement with the County of San Diego for the City’s Continued Participation in the California Identification System Remote Access Network Adopt a resolution approving an agreement amendment with the County of San Diego for the Police Department’s participation in the California Identification System Remote Access Network. Item 5.12 heading: RESOLUTION NO. 2024-129 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR CONTINUED PARTICIPATION IN THE CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK Page 13 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024-06-11 Regular City Council Meeting Minutes Page 8 ITEMS REMOVED FROM THE CONSENT CALENDAR The following item was removed from the consen t calendar and was heard as an action item. 5.7 Housing Funding: Approve up to $4 Million for a Permanent Supportive Housing Development to be Located at 610 Paseo Del Rey Tamera Kholer submitted comments in support. The following members of the public submitted comments in opposition: Paul Henkin Nicole Moved by Councilmember Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2024-119 and Housing Authority Resolution No. 2024-005, the headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.7 headings: A) RESOLUTION NO. 2024-119 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LOAN OF UP TO $3,300,000 TO WAKELAND HOUSING AND DEVELOPMENT CORPORATION, OR AN AFFILIATED ENTITY, TO ASSIST IN THE CONSTRUCTION OF A 96-UNIT AFFORDABLE HOUSING DEVELOPMENT TO BE LOCATED AT 610 PASEO DEL REY, AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS RELATED TO THE LOAN IN A FORM APPROVED BY THE CITY ATTORNEY’S OFFICE B) RESOLUTION NO. 2024-005 OF THE CHULA VISTA HOUSING AUTHORITY APPROVING A LOAN OF UP TO $700,000 TO WAKELAND HOUSING AND DEVELOPMENT CORPORATION, OR AN AFFILIATED ENTITY, TO ASSIST IN THE CONSTRUCTION OF A 96-UNIT AFFORDABLE HOUSING DEVELOPMENT TO BE LOCATED AT 610 PASEO DEL REY: AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS RELATED TO THE LOAN IN A FORM APPROVED BY THE CITY ATTORNEY’S OFFICE, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 6. PUBLIC COMMENTS Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance. The following members of the public spoke in support of fair compensation for City staff: Margarito Corado Dave DeFacci, Chula Vista resident Francisco Reyes Page 14 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024-06-11 Regular City Council Meeting Minutes Page 9 Jerry Rios Raymond Tovar John Acosta, Chula Vista resident John Kalpus, Chula Vista resident, submitted written comments and spoke regarding the noise levels at Bayfront Park. Delia Dominguez Cervantes, Chula Vista resident, spoke regarding unpermitted street food vendors throughout the City. Robert Johnson submitted written comments. Public submitted written comments regarding the use of drones. The meeting was recessed at 5:57 p.m. and resumed at 6:03 p.m. Deputy Mayor Gonzalez joined the meeting at 6:05 p.m. 7. BOARD AND COMMISSION REPORTS 7.1 Measure P Citizens’ Oversight Committee Presentation: Annual Report Covering Reporting Period for Fiscal Year 2021/22 and 2022/23, and an Update of Measure P Projects Measure P COC Chair David Garcias gave a presentation. 8. PUBLIC HEARINGS 8.1 Comprehensive Code Update – Amendments to the Chula Vista Municipal Code 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. Sr. Planner Mallec gave a presentation on the item. Mayor McCann opened the public hearing. John Acosta, Chula Vista resident, spoke in support. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Mayor McCann Seconded by Councilmember Preciado To place the ordinance on first reading as presented by staff, except for any revisions to Chula Vista Municipal Code section 19.58.022. The heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Page 15 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024-06-11 Regular City Council Meeting Minutes Page 10 Item 8.1 heading: ORDINANCE OF THE CITY OF CHULA VISTA COMPREHENSIVELY AMENDING CHULA VISTA MUNICIPAL CODE TITLE 8 (HEALTH AND SANITATION), TITLE 12 (STREETS AND SIDEWALKS), TITLE 13 (SEWERS), TITLE 15 (BUILDINGS AND CONSTRUCTION), TITLE 18 (SUBDIVISIONS), AND TITLE 19 (PLANNING AND ZONING). (FIRST READING) Moved by Deputy Mayor Gonzalez Seconded by Councilmember Chavez To amend the ordinance placed on first reading to revise Chula Vista Municipal Code (CVMC) subsection 19.58.022(c)(2)(c) to read: “Up to two detached accessory dwelling units shall be permitted on a lot with an existing multi-family or single-family dwelling,” and to adopt the remaining revisions to CVMC 19.58.022 as presented. The heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, and Councilmember Preciado No (1): Mayor McCann Result, Carried (4 to 1) The meeting was recessed at 7:02 p.m. and resumed at 7:28 p.m. 8.2 Vacation of Public Access Easement: Approve a Summary Vacation of a Portion of a Public Access Easement for Park Use and Other Public Purposes 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. Mayor McCann opened the public hearing. There being no members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Deputy Mayor Gonzalez Seconded by Mayor McCann To adopt Resolution No. 2024-130, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 8.2 heading: RESOLUTION NO. 2024-130 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUMMARILY VACATING A PORTION OF THE PUBLIC ACCESS EASEMENT FOR PARK USE AND OTHER PUBLIC PURPOSES OVER LOT 15 Page 16 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024-06-11 Regular City Council Meeting Minutes Page 11 AS SHOWN ON MAP NO. 15350, CHULA VISTA TRACT NO. 06-05, OTAY RANCH VILLAGE 2 AND PORTIONS OF VILLAGE 4 “A” MAP 8.3 Regional Transportation Improvement Program: Adopt the TransNet Local Street Improvement Program of Projects for Fiscal Years 2024/25 through 2028/29 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 Civil Engineer Moneda gave a presentation. Mayor McCann opened the public hearing. Paul Henkin submitted written comments in opposition. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Mayor McCann Seconded by Councilmember Morineau To adopt Resolution No. 2024-131, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 8.3 heading: RESOLUTION NO. 2024-131 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2024-25 THROUGH 2028-29 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM 9. ACTION ITEMS 9.1 Consider Items Removed From the Consent Calendar, If Any For action on this item, refer to the section Items Removed from the Consent Calendar, above. 10. PUBLIC COMMENTS (CONTINUED) There were none. 11. CITY MANAGER’S REPORTS City Manager Kachadoorian provided an update on the ACE negotiations and thanked Human Resources Director Tomlinson for her efforts. 11.1 Consider Reinstituting the June 25, 2024 Regular City Council Meeting Concerned Citizen submitted written comments in support. Page 17 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024-06-11 Regular City Council Meeting Minutes Page 12 Moved by Councilmember Preciado Seconded by Mayor McCann To reinstitute the Tuesday, June 25, 2024 regular City Council meeting at 5:00 p.m. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) 11.2 Infrastructure Update: Hear Presentation on Projected Facilities, Infrastructure, and Equipment Needs Deputy City Manager Chase gave a presentation. 12. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 13. COUNCILMEMBERS’ REPORTS Councilmembers reported on attendance at recent events and made community announcements. At the request of Councilmember Preciado, there was a consensus of the City Council to add an item to the June 25, 2024 City Council agenda for a report by the City Council Charter Review Subcommittee. 14. CITY CLERK'S REPORTS There were none. 15. CITY ATTORNEY'S REPORTS There were none. 16. CLOSED SESSION Pursuant to Resolution No. 13706 and City Council Policy No. 346-03, the City Attorney maintains official minutes and records of action taken during closed session. City Attorney Verdugo announced that the City Council would convene in closed session to discuss the items listed below. Mayor McCann recessed the meeting at 9:14 p.m. The City Council convened in closed session at 9:20 p.m., with all members present. 16.1 Conference with Legal Counsel - Anticipated Litigation (Gov. Code § 54956.9(d)(4)) Confused submitted written comments expressing a neutral position. Initiation of litigation: one case Action: No Reportable Action Page 18 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024-06-11 Regular City Council Meeting Minutes Page 13 17. ADJOURNMENT The meeting was adjourned at 10:00 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 19 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 1 City of Chula Vista Special City Council Meeting MINUTES Date: Location: June 18, 2024, 6:30 p.m. Chula Vista Elite Athlete Training Center 2800 Olympic Parkway, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, Mayor McCann MAYOR JOHN McCANN STATE OF THE CITY ADDRESS A special meeting of the City Council of the City of Chula Vista was called to order at 6:30 p.m. at the Chula Vista Elite Athlete Training Center, 2800 Olympic Parkway, Chula Vista, CA. _____________________________________________________________________ 1. WELCOME & EMCEE A video highlighting some of the City's accomplishments and contributions was presented. Laura Muñoz Humphreys, Regional Executive Director, Border View Family YMCA & South Bay Family YMCA, welcomed the audience to the 2024 State of the City Address. 2. COLOR GUARD PRESENTATION Veterans of Foreign Wars Post 2111 presented the colors. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Boy Scouts of America Troop 2001 led the Pledge of Allegiance. 4. NATIONAL ANTHEM Mercedes Gonzalez performed the National Anthem. 5. INVOCATION Pastor Mike Yeager, Awaken Church Eastlake, delivered the invocation. 6. STATE OF THE CITY ADDRESS Laura Muñoz Humphreys introduced special guests and dignitaries at the meeting. She introduced Mayor John McCann. Mayor McCann presented the State of the City Address. Page 20 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2024/06/18 - City Council Special Meeting Minutes Page 2 7. ADJOURNMENT The meeting was adjourned at 7:17 p.m. _________________________ Kerry K. Bigelow, MMC, City Clerk Page 21 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Chula Vista City Attorney I believe that. Alonzo Gonzales an appointed council member who is a license real estate broker should have abstained from participating, discussion and voting on. TITLE 15 (BUILDINGS AND CONSTRUCTION), TITLE 18 (SUBDIVISIONS), AND TITLE 19 PLANNING AND ZONING). (FIRST READING) Moved by Deputy Mayor Gonzalez Supporting or backing to for more EDUS in a family-oriented neighborhood. You as a license real estate broker Did you make a back door deal with contractors or investors. Alonzo Gonzales action and participation should trigger censorship while processing removing Gonzales from the council. Due to integrity and conflict of interest ALONZO GONZALEZ As an appointee it is possible to be remove Let’s not so quickly be forgiven of a recent council member conflict of interest. Written CommunicationsItem4.1 - AcostaReceived6/24/2024 Page 22 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda CHULA VISTA had controversial City Council appointments in recent years. Is it time for a change The San Diego Union-Tribune) Alonso Gonzalez, a real estate broker, also had property repossessed, DUI BY TAMMY MURGAREPORTER FEB. 5, 2023 5 AM PT District 3 special election and for nominating candidates who, it was later discovered, provided the city with misleading educational background information on their application and failed to disclose business and financial hardships when applying for the post SanDiego Union-Tribune Written CommunicationsItem4.1 - AcostaReceived6/24/2024 Page 23 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Newly appointed Chula Vista council member has suspended business licenses, tax lien. Alonso Gonzalez is sworn into the Chula Vista City Council on Tuesday after being appointed to represent District 3. Adriana Heldiz/The San Diego Union-Tribune) Alonso Gonzalez, a real estate broker, also had property repossessed, DUI BY TAMMY MURGAREPORTER FEB. 5, 2023 5 AM PT Alonso Gonzalez, a newly appointed Chula Vista City Council member, has had a string of business, personal and financial hardships that were not disclosed when he applied for the position. According to public records, Gonzales has an outstanding tax debt, a conviction for driving under the influence and foreclosed property. State records also indicate that the licenses for two businesses in his name are suspended. The 46-year-old real estate broker took the oath of office this week to fill the District 3 seat, but his background prevented him from receiving a unanimous City Council vote for his appointment. Written CommunicationsItem4.1 - AcostaReceived6/24/2024 Page 24 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda RTICLE V. OFFICERS AND EMPLOYEE A)Financial Interest Prohibited.No member of the City Council, department head, or other Officer of the City (except a member of any board or commission), shall be financially interested, directly or indirectly, in any contract, sale, or transaction to which the City is a party, or as otherwise described in Article 4 of Division 4 of Title 1 (commencing with Charter Section 1090) of the Government Code of the State Written CommunicationsItem4.1 - AcostaReceived6/24/2024 Page 25 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda tem 8.1 heading: ORDINANCE OF THE CITY OF CHULA VISTA COMPREHENSIVELY AMENDING CHULA VISTA MUNICIPAL CODE TITLE 8 (HEALTH AND SANITATION), TITLE 12 STREETS AND SIDEWALKS), TITLE 13 (SEWERS), TITLE 15 (BUILDINGS AND CONSTRUCTION), TITLE 18 (SUBDIVISIONS), AND TITLE 19 PLANNING AND ZONING). (FIRST READING) Moved by Deputy Mayor Gonzalez Seconded by Councilmember Chavez To amend the ordinance placed on first reading to revise Chula Vista Municipal Code (CVMC) subsection 19.58.022(c)(2)(c) to read: Up to two detached accessory dwelling units shall be permitted on a lot with an existing multi- family or single-family dwelling,” and to adopt the remaining revisions to CVMC 19.58.022 as presented. The heading was read, text waived. The motion was carried by the following vote : Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, and Councilmember Preciado No (1): Mayor McCann Written CommunicationsItem4.1 - AcostaReceived6/24/2024 Page 26 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda by Voice of San DiegoMarch 29, 2023 File photo by Adriana Heldiz The Union-Tribune reports that the California Fair Political Practices Commission is reviewing a complaint filed against Chula Vista Councilwoman Andrea Cardenas. The complaint, filed by cannabis business owner Laura Wilkinson, alleges that the councilwoman violated conflict-of- interest and economic-interest disclosure laws. The business woman,who sued the city in 2020 over an operating permit, alleges that Cardenas failed to publicly disclose the cannabis companies represented by Grassroots Resources, Written CommunicationsItem4.1 - AcostaReceived6/24/2024 Page 27 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda v . 0 0 4 P a g e | 1 June 25, 2024 ITEM TITLE Ratification of Appointment: City Manager’s Appointment of Director of Parks and Recreation – Frank Carson Report Number: 24-0202 Location: No specific geographic location Department: Human Resources G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution ratifying the City Manager’s appointment of Frank Carson as Director of Parks and Recreation. SUMMARY The Department of Human Resources conducted a statewide recruitment during the spring of 2024 for the City’s Director of Parks and Recreation. The City Manager has selected Frank Carson to fill the position of Director of Parks and Recreation. This item seeks to ratify the appointment of Frank Carson to the position of Director of Parks and Recreation effective July 12, 2024. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environmen t; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Page 28 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Department of Human Resources conducted a statewide recruitment during the spring of 2024 for the City’s Director of Parks and Recreation. The City of Chula Vista’s Charter Section 500 (C) grants the City Manager the authority to appoint Assistant City Managers, Deputy City Managers and department heads, subject to ratification by the City Council. The City Manager has selected Frank Carson to fill the position of Director of Parks and Recreation effective July 12, 2024. Mr. Carson has over 30 years of private and public sector experience in the Parks and Recreation field, the last seven of which have been with the City of El Cajon as their Director of Parks and Recreation. Prior to his current position with El Cajon, Mr. Carson worked for the City of Chula Vista for over 10 years. He brings a wide breadth and depth of leadership experience that will complement the current Parks and Recreation staff and continue to move many City projects and initiatives forward. His accomplishments, duties and responsibilities are impressive and can be reviewed in the attached resume. City Council adoption of the resolution will ratify the City Manager’s appointment. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact as a result of this action. Funding for the position is available based on current-year budget appropriations. ONGOING FISCAL IMPACT There is no new ongoing fiscal impact as a result of this action. This position will continue to be included in the annual budget process in future years. ATTACHMENTS 1. Resume Staff Contact: Tanya Tomlinson, Director of Human Resources/Risk Management Page 29 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CITY MANAGER’S APPOINTMENT OF FRANK CARSON AS DIRECTOR OF PARKS AND RECREATION EFFECTIVE JULY 12, 2024 WHEREAS, the Department of Human Resources conducted a statewide recruitment during the spring of 2024; and WHEREAS, the City of Chula Vista Charter Section 500 (C) grants the City Manager the authority to appoint Assistant City Managers, Deputy City Managers, and department heads subject to the ratification by the City Council; and WHEREAS, the City Manager has selected Frank Carson to fill the position of Director of Parks and Recreation effective July 12, 2024; and WHEREAS, Mr. Carson has over 30 years of private and public sector experience in the Parks and Recreation field, the last seven of which have been with the City of El Cajon as its Director of Parks and Recreation; and WHEREAS, prior to his experience with the City of El Cajon, Mr. Carson worked for the City of Chula Vista for over 10 years; and WHEREAS, Mr. Carson brings a wide breadth and depth of leadership experience that will complement the current Parks and Recreation staff and continue to move many City project s and initiatives forward. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it ratifies the City Manager’s appointment of Frank Carson as Director of Parks and Recreation effective July 12, 2024. Presented by Approved as to form by Tanya Tomlinson Marco A. Verdugo Director of Human Resources /Risk Management City Attorney Page 30 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 31 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 32 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Maria Kachadoorian As a taxpayer, I am asking for an update on this issues As Taxpayers monies could or will be used Or Are paying it from your $330,700 SALARY Former deputy city manager sues city of Chula Vista over $199K in unpaid severance. Eric Crockett claims the city withheld the money when he refused to sign a separation agreement. Written Communications Item 4.3 - Acosta Received 6/24/2024 Page 33 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Former deputy city manager sues city of Chula Vista over $199K in unpaid severance. Eric Crockett claims the city withheld the money when he refused to sign a separation agreement. BY TAMMY MURGAREPORTER MARCH 29, 2024 11:31 AM PT CHULA VISTA — Eric Crockett, a former deputy city manager and director of economic development for Chula Vista, is suing the city, alleging the municipality owes him thousands of dollars in unpaid severance after he was fired in December. According to the 26-page complaint filed last week in San Diego Superior Court, Crockett’s employment with the city ended on Dec. 5 during a meeting with City Manager Maria Kachadoorian and Assistant City Attorney Megan McClurg. Kachadoorian allegedly told him that he was being fired because “he was not a good ‘fit’ (without cause and for the convenience of the City)” and that he would be paid $198,762 in severance pay, the complaint said. Crockett’s attorney, Michael Campbell, declined to comment. The city also declined. Crockett was told that to collect the severance he would need to sign a separation agreement and agree to waive all legal claims against the city. Crockett said the severance pay was required by his contract, so he refused to sign the agreement and told the city any attempt to link the two was “illegal and unethical.” Additionally, Crockett says he was discriminated against based on his gender. The complaint said Kachadoorian had carried out other terminations and that Crockett “was yet another male executive employee terminated by the City. Written Communications Item 4.3 - Acosta Received 6/24/2024 Page 34 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Public Comments – Walter / Wormer Received 6/21/2024 From: svanwor < Sent: Friday, June 21, 2024 11:27 AM To: Susan Walter <CityClerk <CityClerk@chulavistaca.gov> Subject: Fw: Request for Waiver at Second Avenue 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 Forwarded Message ----- From: svanwor < To: cityclerk@chulavistaca.gov <cityclerk@chulavistaca.gov> Sent: Friday, June 21, 2024 at 11:24:36 AM PDT Subject: Request for Waiver at Second Avenue This is a Request for Waiver of Set Back Rules for Outbuilding at Second Avenue, Demolition Permit B24-0296 Attached is the history of the origin of the problem. You don't often get email from Learn why this is important Page 35 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda For: June 25, 2024 Request For Waiver of Set Back Rules for Outbuilding at Second Avenue, Chula Vista 91910, Demolition Permit # B24-0296. I am Susan Walter and I live at in Chula Vista. Please, for a moment, close your eyes. I want you to think of where you live. If you live in a rental, think not your neighbors, but of your place only. If you live in a mobile home, think only of your home and yard. If you live in a house, think of it and your surrounding land. If you live on an estate with several buildings as well as your abode, think of your entire property. Envision where you live for a few seconds. Now. Keep your eyes closed and listen to me: Imagine you want work done. My examples are: wall or roof repair and solar power installation. Inspectors come to your place. Page 36 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda They then tell you your place is Out of Compliance and you need to have ONE THIRD of your property demolished and YOU will pay for it and you get ONE month to get ready. Open your eyes. Do you think this is fair? We don’t. We live at Second Avenue, designated as City of Chula Vista Historic Site #66. 1 It includes a 2 story 134 year old Victorian house. 2 It includes part of the former carriage house which was converted decades ago into a garage. It includes an Outbuilding 3 with lean-tos on the south and north. 4 The Outbuilding, while not officially Registered, is incorporated into the Historic Designation Document. 5 1 Note the designation is for a Site – not just the house – so includes the entire property. 2 The property 2nd (originally 4th Avenue) was purchased December 1889. Date of 1892 is from the Appraisal of Single-Family Dwelling, by McKenzie Appraisal Company, date of appraisal report was 7/29/97; File#71256. 3 An Outbuilding is usually used for hobbies or work. A Shed is a place to store things. These terms are exactly what the Outbuilding and lean-to sheds have been used for. I refer to the sheds as lean-tos. Lean-tos share a wall with another structure, and can be either supported or non supported. 4 The Outbuilding and lean-tos are on the plans provided to me by the Garretts. Plans drawn by Lee H. Johnson. 5 History of Our House at The Davidson House. August 2004. Submitted to the City of Chula Vista. We qualified for the Mills Act with this designation. Page 37 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda My concern is about the Outbuilding and Lean-tos. (Just Outbuilding in most of the following documentation.) The original Outbuilding was not built by my family who have resided 30 plus years here. The Outbuilding was not built by the people before us who lived on our property for over a decade. The Outbuilding was built by Synthia Priester, who was mother to a young man named Arthur Langford. 6 Likely Synthia built it with advice from her father, Sytze De Haan, a retired building contractor. It was built over half a century ago. There were no kitchen facilities nor bathroom, because Arthur used those in the house. The Outbuilding has served as a sanctuary for Arthur, as a play room for the Garretts’ two daughters as they grew from early childhood into college students, and as an Office for myself and my husband. 6 Arthur Langford is buried in Glen Abbey Cemetery in Block 10, Section 110, along with the rest of his family. He is described on his memorial plaque as “Beloved Son and Grandson” and his dates are: 1922 -2000. The entire family included (in 2004 when Susan last visited the site) Jack M. De Haan 1895-1967; Anthony J. Fokker 1907- 1992; Wilga Beatrice De Haan 1911-1994; Synthia De Haan Priester 1891-1971; Andre’ A. Priester 1891-1955; Arthur R. Langford 1922-2000; Maud De Haan Smith 1907-2001; Sytze M. De Haan 1862-1948; Geeske Veenstra De Haan 1865-1954. Some spaces were still empty. Page 38 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda We have worked here professionally for over 3 decades, with a business license here in Chula Vista. We were certified by the State of California (CalTrans), the County of San Diego, and the City of San Diego. We have garnered dozens of awards for excellence for our reports and my illustrations. Walter Enterprises enjoys an excellent reputation. 7 We are now “retired” but most definitely not done with our history and archaeological work. Now we work as volunteers. Our most recently completed project (it took 11 years) is the ceramics analysis of the SDSU Student Field School excavations of the San Diego Presidio, which was due this year on June 1 of 2024. 8 In this 50 plus year old Office, here in Chula Vista, we did all that. Chula Vista zoning department has two problems with our Outbuilding: 1. They found no building permit on file. 7 Once when a proposal for work was put out, little 2 person Walter Enterprises was consultant for of every one of the 4 short listed companies. (The interviewers actually joked about that.) We have had as many as 5 separate projects in process concurrently here. 8 On June 10, 2024, we sent our Presidio ceramics report out for review, and in another year we will produce a revised edition incorporating our peer’s comments. In less than a week, we received over 400 downloads of this document. You can find it at ResearchGate.com. Page 39 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2. The Outbuilding is too close to the property boundaries of our neighbors, and does not meet the current “set back” of 4 feet, but only has 2 feet. 9 Now consider this: The current western properties did not exist on the property line boundary of today. Twin Oaks Avenue did not exist. Originally the De Haans owned property to the middle of what became later Twin Oaks Avenue. 10 When Twin Oaks was becoming a reality, the De Haans decided to sell lots fronting Twin Oaks, behind the Outbuilding, 11 and they 9 The neighbors who will be most affected by demolition stated they did not want our Outbuilding destroyed. They offered to write a letter of protest. 10 This part of Twin Oaks was established in 1951, getting close to a century ago. Here is the sequence of build dates for our home and our surrounding neighbors: Loya) build date was 1944. (This house is to our north.) Going clockwise (south): Our property Van Wormer & Walter) on line build date of 1925 is incorrect. 10 We have the chain of title dating 1889. the Medinas) was constructed in 1966. Going west: the apartment) was constructed in 1975. Going north: the Campbells) was constructed in 1946. Returning east is where this list began. The De Haan family owned 238 from October 6, 1942 through August 27, 1971. At some point in time, TEN feet were ADDED to the property, presumably to allow for the Outbuilding and lean-tos. The 10 foot extension, and the property “cloud” are shown on the maps accompanying the “cloud” issue to the Garretts. In a 1973 Declaration of Homestead, there is an exception of 325 feet to the WEST; on Schedule A of a Full Reconveyance is an exception of 415 feet to the WEST. Page 40 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda drew the property line behind the Outbuilding. This created the current issue and was not disputed at that time by City officials. It was also not disputed during the 2 subsequent sales of the property. 12 We are preservationists, conservationists, and civic minded. To us, the thought of solar panels on the Victorian’s roof was ugly. Solar panels need to be cleaned and may need repair. Our Victorian roof is steeply pitched, inconvenient, and dangerous. We wanted solar power put on the Outbuilding. We chose the Outbuilding because it is obscured from the public, has a recently upgraded and repaired flat roof, and has safe and easy access for installation. That is when our nightmare began. A contractor notified the City of the setback being short and the City Building Department decided to use its broad enforcement power against us. The result is we do 12 Next, the Garretts purchased from the De Haans, and there was the problem – a “cloud” it was called – with the western (Twin Oaks) boundaries, which were incorrectly listed as going into the middle of Twin Oaks. In a letter to Mr. and Mrs. Garrett from Security Title Insurance Company, dated March 1, 1972, asking they would notarize Quitclaim Deeds in order to clear this “cloud”, is this paragraph: We feel that the Quitclaim Deeds to “owners of record” (Daley and Foster) will accomplish our purpose and will not further cloud the title to said properties. We take the position that the deed should recite to owners of record” so as to not disrupt or interfere with transactions of any nature which may be pending on said properties.” Today’s “owners of record” and/or neighbors are the Lamoranders (and the Campbells ( and they ARE going to be disrupted and their lives interfered with if the Outbuilding is demolished. Page 41 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda not get solar power – and never will 13 – AND our Office is to be demolished. Demolition is to begin in July. 14 Imagine if you were in this predicament. How would you feel? What do you think of our situation? We are heartbroken. We think there should be an exception made, and it should carry through all succeeding owners of and the Twin Oaks property owners of the affected western boundaries, as was planned for by the Title company during the sale of by the De Haans to the Garretts in 1972. We think this Outbuilding, having been there for all these decades – nearly half a century – should be excepted from demolition. We respectfully thank you for your attention. Susan D. Walter Stephen R. Van Wormer John M. Davidson House City of Chula Vista Historic Site #66 Chula Vista, CA 91910 13 It seems the height of irony that the City shows solar power panels being installed on their website – and we can’t ever have them. 14 We have been vacating the Outbuilding during our finalization of this – the last report we may produce at this Office. Page 42 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments – Curry Received 6/24/2024 From: alan mil Sent: Saturday, June 22, 2024 2:39 PM Subject: California Removes Citizen Vote Ballot Initiateive While City-County-State Allowed New Tax Ballots WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov COPY TO NEWS MAYORS CITY COUNCILS SD COUNTY ATTORNEY GENERAL SD COUNTY BOARD SUPERVISORS STATE REPRESENTATIVES AND SENATORS BCC SENT TO THE MANY VOTERS OF CALIFORNIA @CITY/COUNTY/SANDAG CLERKS - Please Place Entire Email under Public Comments Public Record next City, County and SANDAG Board meeting. Good Afternoon Constituents, SHARE SHARE SHARE FORWARD - TO EVERY VOTER CLICK "REPLY ALL RESEND EMAIL" REMINDS POLITICIANS AND NEWS 1.4 MILLION VOTERS INITIATIVE REMOVED BY SEVEN PEOPLE! While Multiple Taxes Of City County Federal Taxes Allowed On Ballot CA Supreme Court Against 100 Year Law Removes Citizen Initiative Taxpayer Protection 1.4 Million Signatures Citizens Initiative Ballot Removed By Democrat Appointed 7 Judges! https://www.youtube.com/watch?v=S7a45elcyWc&t=0s TAXPAYER PROTECTION BALLOT REMOVED BY DEMOCRATS LOBBIED JUDGES DESCRIPTION "A Yes vote supports amending the state constitution to define all state and local levies, charges, and fees as taxes and to require new state taxes proposed by the state legislature to be enacted via a two-thirds legislative vote and voter approval and new local taxes to be enacted via a two-thirds vote of the electorate." https://ballotpedia.org/California_Two- Page 43 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments – Curry Received 6/24/2024 Thirds_Legislative_Vote_and_Voter_Approval_for_New_or_Increased_Taxes_Initiative _(2024) WSJ Wall Street Journal - Direct Democracy Dies in California "California’s Supreme Court ruled in favor of the Governor and chucked a Nov. 5 ballot initiative that would have limited Sacramento’s ability to raise taxes. The citizen initiative backed by the California Business Roundtable CCITIZENS INITIATIVE SIGNED BY 1.4 MILLION VOTERS required that most regulatory fees and charges be approved by the Legislature and voters. It also required voters to approve tax increases passed by the Legislature, and it raised the threshold to two-thirds for localities to pass special taxes. The initiative was the biggest threat to public-union governance since voters passed Prop. 13 in 1978. It was also voters’ best hope to stop the progressive tax-and-spend ratchet." https://www.wsj.com/articles/california-supreme-court-ballot-initiative-taxes-gavin- newsom-goodwin-liu-ccd1b24c JUDICIAL INJUSTICE CORRUPTION The Supreme Court of California consists of the Chief Justice of California and six Associate Justices, appointed or nominated by the Democrat Governor to back his agenda THE PEOPLE CANNOT VOTE JUDGE APPOINTMENTS AT CA SUPREME COURT. "Justice Martin J. Jenkins was confirmed to his current position as an Associate Justice of the California Supreme Court on November 10, 2020. Previously, he served as Senior Judicial Appointments Advisor to Governor Gavin Newsom and advised the governor on the appointment of judges across California." https://supreme.courts.ca.gov/about-court/justices-court "The California Supreme Court sided with Gavin Newsom and California Democrat politicians in removing the California Taxpayer Protection Initiative from the November ballot. The California Taxpayer Protection Initiative (CTPI) is a citizens initiative that collected the required amount of valid signatures — over 1.4 million — from Californians to be placed on the ballot. The measure would make it harder for state and local politicians to impose costly and unfair tax hikes — the reason that politicians sued to block it from the ballot." https://reformcalifornia.org/news/carl-demaio-condemns-ca-supreme-court- decision-to-remove-taxpayer-protection-initiative-from-november-ballot CORRUPT CA MULTIPLE TAXES VOTE NO TO ALL TAX NOVEMBER BALLOT POLITICIANS IGNORE PEOPLE SUFFERING BIDENFLATION "California’s working families are already struggling with a high cost of living and state and local politicians are making it worse by constantly trying to raise taxes and spike our utility rates.California politicians are specifically trying to repeal Prop 13 with two separate initiatives on the ballot in 2024 — along with a blizzard of other tax hike proposals. 'Californians are already forced to pay the highest taxes in the nation and we literally have Page 44 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments – Curry Received 6/24/2024 seen millions of working families flee the high cost of our state – enough is enough,' says Carl DeMaio, Chairman of Reform California. After collecting more than 1.4 million signatures, voters will be asked to vote on this landmark ballot measure in the November 2024 election. The California Taxpayer Protection Initiative is supported by a broad coalition chaired by the CA Business Properties Association, the Howard Jarvis Taxpayer Association, and the CA Business Roundtable. Unfortunately, state and local politicians have raised millions in special interest funding to defeat this crucial ballot measure – because they know if the measure passes it will make harder for them to raise your taxes!" •California politicians are trying to confuse voters by placing two initiatives on the ballot that would both gut prop 13 and make it easier to raise state and local taxes, as well as increase your utility rates; •ACA-1 would gut Prop 13's 2/3 vote requirement for new taxes by lowering it to 55%; •ACA-13 would gut Prop 13 by blocking the California Taxpayer Protection Initiative and eliminating the requirement that voters be allowed to vote on tax increases with honest ballot titles; •We MUST defeat both of these initiatives to save Prop 13 in 2024! https://reformcalifornia.org/campaigns/stop-the-tax-hikes CITY OF CHULA VISTA - ATTEND SPEAK AGENDA 6.4 NO MORE TAX! Proposal yet another tax which is a double sales tax of Measure P with Measure A https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=daf5fdcd-b6ca-4e88- 85b1-26fac6216f8a&Agenda=Agenda&lang=English&Item=35&Tab=attachments https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=42837 Chula Vista Attempt To Extend Another Ten Years 2nd Decade Sales Tax Measure P "A yes vote was a vote in favor of authorizing a 0.5 percent sales tax for 10 years, with revenue deposited into the general fund and resulting in a total sales tax rate in the city of 8.5 percent." https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=daf5fdcd-b6ca-4e88- 85b1-26fac6216f8a&Agenda=Agenda&lang=English&Item=35&Tab=attachments Page 45 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments – Curry Received 6/24/2024 Greedy Chula Vista already has NEVER EXPIRE Measure A SALES TAX CITY LIE CLAIMED "FUND POLICE" TRICKED VOTERS THE TAX STOLEN TO GENERAL FUND! After years, Chula Vista Still Understaffed Police Department! "A yes vote was a vote in favor of authorizing the City to impose a half-cent (0.5 percent) sales tax to 9 percent on retail sales to fund general city purposes, set to expire when only when repealed by voters." https://ballotpedia.org/Chula_Vista,_California,_Measure_A,_Half- Cent_Sales_Tax_(June_2018) Page 46 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments – Curry Received 6/24/2024 SAN DIEGO AFTER FAILURE MAINTAIN SEWER DRAINS TAXED FROM RATE PAYERS https://voiceofsandiego.org/2024/01/29/san-diego-could-have-cleaned-chollas- creek-before-storm-state-says/ USES THEIR FAILURE TO CREATE ANOTHER SALES TAX NO ACCOUNTABILITY! https://timesofsandiego.com/politics/2024/03/20/proposed-sd-sales-tax-takes-1st- step-after-city-committee-vote/ Page 47 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments– Curry Received 6/24/2024 SAN DIEGO COUNTY TAX CORRUPT BYPASS 2/3 VOTER REQUIREMENT SAN DIEGO SANDAG USES TAX PAID EMPLOYEES "CITIZEN INITIATIVE" TAX PAID UNION WORKERS PLACE YET ANOTHER SALES TAX ON BALLOT https://timesofsandiego.com/politics/2024/01/05/voters-to-decide-fate-of-half-cent- sales-tax-increase-which-makes-november-ballot/ DO NOT BELIEVE CONTINUAL LIES CLAIM OF 'ROAD REPAIR' Page 48 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments – Curry Received 6/24/2024 TAX WILL FUND REMOVAL ROAD LANES TO MANAGED TOLL ROAD https://apasandiego.org/download/I-805_Managed_Lanes.pdf TOLLS ARE DOUBLE TAX ON ROADS ALREADY PAID BY TRANSNET TAX Page 49 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments – Curry Received 6/24/2024 ENTIRE COUNTY ALREADY PAYS TRANSNET SALES TAX SINCE 1988 DOES NOT EXPIRE UNTIL 2044 SANDAG LIED DID NOT EXPAND FREEWAYS - TAX FUNDED REMOVAL ROAD LANES FOR BIKE LANES https://voiceofsandiego.org/2017/07/11/sandag-misled-voters-2004-tax-measure- showing-pattern-deception-goes-back-least-13-years/ THE CITIZENS INITIATIVE WOULD HAVE ALSO FORCED HONESTY IN TITLE SUMMARY "{d) The title and summary and ballot label or question required for a measure pursuant to th e Elections Code shall. for each measure providing for the imposition of a tax, include : (1)The type and amount or rate of the tax; (2)the duration of the tax; and Page 50 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments – Curry Received 6/24/2024 (3)The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose." CALIFORNIA HISTORY LIE TO VOTERS CA SENATE PASSED 2017 AUTOMATIC GAS TAX INCREASE https://ballotpedia.org/California_Road_Repair_and_Accountability_Act_of_2017 CITIZEN MILLIONS INTIATIVE SUBMITTED REPEAL GAS TAX STATE SECRETARY THEN CHANGED GAS TAX REPEAL TO ENACT GAS TAX "ENACT CERTAIN VEHICLE FUELS TAX" CORRUPT CHANGED OF WORDING https://vigarchive.sos.ca.gov/2018/general/propositions/6/ "REPEAL GAS TAX" CITIZENS INITIATIVE https://ballotpedia.org/California_Proposition_6,_Voter_Approval_for_Future_Gas_an d_Vehicle_Taxes_and_2017_Tax_Repeal_Initiative_(2018) Page 51 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments – Curry Received 6/24/2024 SANDAG LIED FROM CONGESTION TAX TO MILEAGE TAX NOW CALLS IT DRIVING FEE https://voiceofsandiego.org/2022/08/31/mayor-gloria-promised-to-kill-sandags- driving-fee-sandag-now-says-it-wont/ CHAIR VARGAS AS SAN DIEGO AIR RESOURCE BOARD ADVISES STATE CALIFORNIA AIR RESOURCE BOARD CARB TO LEGISLATE ROAD USE CHARGE BYPASS VOTE OF PEOPLE https://www.sdapcd.org/content/sdapcd/about/district-boards/governing- board.html IMPLEMENTING MILEAGE TAX THRU LEGISLATION WITHOUT VOTE OF PEOPLE! https://stateline.org/2021/09/28/california-expands-road-mileage-tax-pilot-program/ USE CA AIR RESOURCE BOARD BRIBE COMMUTERS $400 EACH FOR MILEAGE TAX TRACK YOUR MOVEMENT https://www.latimes.com/california/story/2024-05-14/california-offers-to-pay- drivers-to-test-mileage-fee CALIFORNIA STATE PROPOSITIONS Page 52 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments – Curry Received 6/24/2024 VOTE NO ALL TAX PROPOSITIONS ON BALLOT https://ballotpedia.org/California_2024_ballot_propositions REFORM CALIFORNIA CARL DEMAIO https://reformcalifornia.org/ PLEASE IMMEDIATE SUPREME COURT AGAINST LAW REMOVAL CITIZENS INITIATIVE CITIZENS INITIATIVE LAW SINCE 1911 SEVEN LIBERAL JUDGES IGNORE LAW https://oag.ca.gov/initiatives https://ballotpedia.org/Laws_governing_the_initiative_process_in_California https://www.ppic.org/publication/californias-initiative-process-100-years-old/ -- Alan Curry Page 53 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Mayor, City council Members, Appointed City Council Member and City manager Is urgent to bring back LAW AND ORDER and tranquility to CHULA VISTA Marina. Have any of you learned how Harborside Park was overtaken by not too nice people On weekends and holydays, the marina becomes free for all, there is no control. Chula Vista Marina is overtaken by loud noise, vendors, cars racing place, consuming alcohol smoking marijuana and drug consumption. Now it seems that funeral services are been held at the Marina. Think what happened to the cremated ashes? Did they take them back home or did they just toss them on the bay? Think CHULA VISTA MARINA next time you enjoy seafood. Written Communications Public Comments - Acosta Received 6/24/2024 Page 54 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda NONE OF YOU warrant a pay raise till you bring Law and Order to West Chula Chula Vista Vista marina. and control the unsheltered crises in Chula Vista. How have you improved CHULA VISTA West of 805 Quality of life Pictures attached were taken at CHULA VISTA Marina. Written Communications Public Comments - Acosta Received 6/24/2024 Page 55 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments - Acosta Received 6/24/2024 Page 56 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments - Acosta Received 6/24/2024 Page 57 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments - Acosta Received 6/24/2024 Page 58 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments - Acosta Received 6/24/2024 Page 59 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments - Acosta Received 6/24/2024 Page 60 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda It seem that funereal Services are being held at th Chula Vista Marina Written Communications Public Comments - Acosta Received 6/24/2024 Page 61 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Chula Vista Marina on Monday Morning after someone's funeral services Written Communications Public Comments - Acosta Received 6/24/2024 Page 62 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments - Acosta Received 6/24/2024 Page 63 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments - Acosta Received 6/24/2024 Page 64 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments - Acosta Received 6/24/2024 Page 65 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Is this part of the Funeral Ceremony ? Written Communications Public Comments - Acosta Received 6/24/2024 Page 66 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Written Communications Public Comments - Acosta Received 6/24/2024 Page 67 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 68 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 69 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 70 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 71 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 72 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 73 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 74 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 75 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 76 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 77 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda I Request for Waiver of Set Back Rules for Outbuilding at Chula Vista 91910, Demolition Permit # Chula Vista City Council: June 25, 2024 A Request for Waiver of Set Back Rules for an Outbuilding. I live at Avenue. Envision where you live and imagine that you've owned that property and paid taxes on it for over 30 years,' and you want work done. Inspectors come and tell you your place is Out of Compliance and you need to have ONE THIRD of your property demolished and YOU will pay for it and you have ONE month to do it. 2 Our property is designated as City of Chula Vista Historic Site # A "Site" includes the entire property. On our site is a 2 story 134 year old Victorian house, 3 The garage, And an Outbuilding 4 with lean-to sheds on the south and north., All are incorporated into the Historic Designation Document. 6 On an assessment document, the square footage of the Outbuilding was added to the square footage of the Garage, as non residential structures. Taxes have been paid on them for over 50 years. The Outbuilding was built by Synthia Priester, mother to a young man named Arthur. There were no kitchen facilities, nor bathroom, because Arthur used those in the house. It was built over half a century ago. The Outbuilding served as a sanctuary for Arthur. The following owners used it as a play room for their two daughters, and, for us, it is an Office for my husband and myself. We have worked here professionally for over 3 decades, with a business license here in Chula Vista. We were certified by the State of California, the County of San Diego, and the City of San Diego. We have garnered dozens of awards for our work. 8 We are now "retired" but most definitely not done with our history and archaeology work. Now we work as volunteers for community service. 9 Page 78 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2 Chula Vista zoning department has two problems with our Outbuilding: They found no building permit on file, and The Outbuilding is too close to the property boundaries of our neighbors — not meeting the current "set back". Now consider this: The current western parcels did not exist on the property boundaries of today. Twin Oaks Avenue did not exist. Originally the De Haans owned property to the middle of what later became Twin Oaks Avenue. ° When Twin Oaks was becoming a reality, the De Haans sold lots fronting Twin Oaks, '1 and drew the property line behind the Outbuilding. This created the current issue and was not disputed at that time by City officials, nor disputed during the 2 subsequent sales of the property. 12 We are civic minded. To us, the thought of solar panels on the Victorian's roof was not in keeping with the purpose of a historically designated site and its looks, nor intent of historical significance and preservation. We wanted solar power put on the Outbuilding because it is obscured from the public, has a strong flat roof, and has safe and easy access for installation. And then our nightmare began. The City was notified of our plans and decided to use its broad enforcement power against us. The result is we do not get solar power 13 — AND our Office is to be demolished. Demolition is to begin next month — July 2024. We are disappointed in the treatment this situation brings upon us, and this is considered abusive in the eyes of many — including our neighbors who will be directly impacted by demolition. Would you like to hear from them? Their letters are attached below. 14 We think there should be an exception made, and it should carry through all succeeding owners of and the Twin Oaks property owners as was stated by the Title Company during the sale of in 1972. Page 79 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 3 This Outbuilding, having been there for all these decades, plus its association with the Dutch community of Southern California including people of both international interest and national importance — should be excepted from demolition. We respectfully thank you for your attention. Susan D. Walter Stephen R. Van Wormer Aaron W. Van Wormer Paula W. Hall Owners and Residents John M. Davidson House City of Chula Vista Historic Site # Second Avenue Chula Vista, CA 91910 1 I was told by a retired lawyer specializing in land ownership, and also a realtor, that by paying taxes on an unpermitted building for 5 years, that structure became exempt. We have been here over 30 years, and the Garretts over 10 years before us, and the De Haans before that as well. All of us have been paying our taxes, for about 60 years now. 2 This happened to us. We both are 72 years old. This has been extremely difficult — emotionally and physically — for us. We received a Notice of Violation from Development Services Department, Code Enforcement dated 11/17/2023, Violation date was 10/23/2023 [That Outbuilding has been there over half a century], Case Number C23-0641. Code Enforcement kindly allowed us to finish our 11 year Presidio project (note 6 below). But then we misunderstood the options. We thought we'd have a year, but we are now faced with demolition in one month, as described. (City Demolition Permit # B24-0296.) s The property 2"d (originally 4th Avenue) was purchased December 1889. Date of 1892 is from the Appraisal of Single - Family Dwelling, by McKenzie Appraisal Company, date of appraisal report was 7/29/97; File#71256. 4 An Outbuilding is usually used for hobbies or work. A Shed is a place to store things. These terms are exactly what the Outbuilding and sheds have been used for. I refer to the sheds as lean-tos. Lean-tos share a wall with another structure, and can be either supported or non supported. 5 The Outbuilding and lean-tos are on the plans provided to me by the Garretts. Plans drawn by Lee H. Johnson. 6 History of Our House at The Davidson House. August 2004. Submitted to the City of Chula Vista. We qualified for the Mills Act with this designation. We put in a full perimeter foundation (that took SEVEN MONTHS), reroofed, repainted (twice) and have repaired everything with help from those funds. Arthur Langford is buried in Glen Abbey Cemetery in Block 10, Section 110, along with the rest of his family. He is described on his memorial plaque as "Beloved Son and Grandson". The entire family included Jack M. De Haan 1895-1967; Anthony J. Fokker 1907-1992; Wilga Beatrice De Haan 1911-1994; Synthia De Haan Priester 1891-1971; Andre' A. Priester 1891-1955; Arthur R. Langford 1922-2000; Maud De Haan Smith 1907-2001; Sytze M. De Haan 1862-1948; Geeske Veenstra De Haan 1865-1954. Some spaces were still empty in 2004 when Susan visited the cemetery. 8 Once when a proposal for work was put out, little 2 person Walter Enterprises was consultant for of every one of the 4 short listed companies. (The interviewers actually joked about that.) We have had as many as 5 separate projects in process concurrently here. 9 Our most recently completed project (it took 11 years) is the ceramics analysis of the SDSU Student Field School excavations of the San Diego Presidio, which was due this year on June 1 of 2024. You can access our nearly 1,000 page report at Research Gate.com. "Stephen R. Van Wormer" and "Susan D. Walter" are the authors of Shadows of the Things That Have Been: An Analysis of and Identification Guide to Ceramics From the Chapel Complex Excavation of the San Diego Presidio. 10 This part of Twin Oaks was established in 1951. Here is the sequence of build dates for our home and our surrounding neighbors (these parcels are part of original 5 acres): d Avenue (Loya) build date was 1944. [This house is to our north.] Going clockwise (south): d Avenue (Our property Van Wormer & Walter) on line build date of 1925 is incorrect. We have the chain of title dating 1889. It was probably built around 1890-1892. d Avenue (Medina) was constructed in 1966. Page 80 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Going west: Davidson Street (an apartment) was constructed in 1975. Going north: Twin Oaks Avenue (Campbell) was constructed in 1946. Returning east is where this list began. The De Haan family owned from October 6, 1942 through August 27, 1971. At some point in time, TEN feet were ADDED to the property, presumably to allow for the Outbuilding. The 10 foot extension, and the property "cloud" are shown on the maps accompanying the "cloud" issue to the Garretts. In a 1973 Declaration of Homestead, there is an exception of 325 feet to the WEST; and on Schedule A of a Full Reconveyance is an exception of 415 feet to the WEST. The varying documents have different measurements. 12 The two subsequent property owners were the Garretts, and now us, Van Wormer and Walter. When the Garretts purchased from the De Haans in 1972, there was the problem — a "cloud" it was called — with the western Twin Oaks boundaries, which were incorrectly still listed on that Deed of Sale as going into the middle of Twin Oaks. The letter to Mr. and Mrs. Garrett from Security Title Insurance Company, dated March 1, 1972, asking them to notarize Quitclaim Deeds in order to clear this cloud" also includes this paragraph: We feel that the Quitclaim Deeds to "owners of record" [in 1972 they were named Daley and Foster] will accomplish our purpose and will not further cloud the title to said properties. We take the position that the deed should recite to owners of record" so as to not disrupt or interfere with transactions of any nature which may be pending on said properties." [Brackets and italics by Susan Walter.] Today's "owners of record" and / or neighbors are the Lamorandiers (Twin Oaks) and the Campbells (Twin Oaks), and they ARE going to be disrupted and their lives interfered with if the Outbuilding is demolished. Van Wormer and Walter plan our property to go to our children, as do the Lamorandiers and Campbells. None of us want this kind of mess to descend upon them, nor anyone else who will be future "owners of record". 13 It seems the height of irony that the City shows solar power panels being installed on their website — and we can't have them. 14 Letters from our neighbors: they have small children and pets. The Outbuilding is a property boundary between them and us: 1. To Whom It May Concern: We are the owners of Twin Oaks Ave. the property directly to the west of the outbuilding on 2°d Ave. We understand that the outbuilding is currently set back only 2 ft. from the property line when it should be 4 ft. We are fine with the current location of the outbuilding. Thank you, (signed) Jamie & Bryon Lamorandier 6/23/24 Page 81 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 82 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda v . 0 0 4 P a g e | 1 June 25, 2024 ITEM TITLE Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending March 31, 2024 (Third Quarter Report) and Appropriate Funds to Implement Required Budget Adjustments Report Number: 24-0179 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Under the National Environmental Policy Act (NEPA), the activity is exempt pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban Development Environmental Guidelines. Recommended Action Accept the quarterly financial report for the quarter ended March 31, 2024 (the “Third Quarter Report”) and adopt a resolution making various amendments to the fiscal year 2023-24 budget to adjust for variances and appropriating funds for that purpose. (4/5 Vote Required) SUMMARY The Finance Department, in collaboration with other City departments, prepares quarterly financial reports for the General Fund that reflect budget to actual comparisons, projected revenues and expenditures, and highlight major variances that may require additional action or changes. This Third Quarter Report is as of March 31, 2024 and is in compliance with Section 505(f) of the City Charter, which requires that quarterly financial reports be filed by the Director of Finance through the City Manager. In preparing the Third Quarter Report, staff has identified various budgetary changes that are needed to accurately reflect actual revenues and expenditures or address changes in budgetary needs. For government entities, a budget creates a legal framework for spending during the fiscal year. After the budget is approved by the City Council, there are circumstances which arise that could require adjustments to the approved budget. Council Policy 220-02 “Financial Reporting and Transfer Authority” was established in January of Page 83 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 2 1996 and amended November of 2022, and allows for budget transfers and adjustments to be completed. Budget transfers and adjustments processed pursuant to this authority are provided as Attachments 1 and 2 to this report. This Third Quarter Report discusses budget adjustments that staff recommends in the General Fund as well as various other funds to address identified fiscal issues. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and NEPA. The activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Under NEPA, the activity is exempt pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban Development Environmental Guidelines. Thus, no further environmental review is necessary at this time. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Third Quarter Report is developed using nine months of actual financial activity for fiscal year 2023-24 as of March 31, 2024. Additionally, data in this report has been updated to include the most current data available through May 31, 2024; however, the projections are subject to change. This report provides summary information for the following areas: General Fund Revenues and Expenditures Adjustments to General Fund Expenditures Adjustments to non-General Fund funds The Finance Department will continue to monitor the City’s actual revenues and expenditures and will provide any significant changes in the Fourth Quarter Financial Report. General Fund Overview Revenues are projected to exceed budget by $22.0 million, and expenditures are projected to surpass budget targets by $22.0 million. Staff anticipates major discretionary revenues and departmental revenues to come in higher than the amended budget as detailed in the General Fund Revenues section. Economic growth slows as inflation remains below its peak and unemployment rates increase. Several other variables such as interest rates and other financial uncertainties may affect the General Fund revenues and expenditures. Staff will continue to monitor and will provide updates in a final review of fiscal year 2023-24 with the Fourth Quarter Financial Report. Page 84 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 3 Fiscal Year 2023-24 General Fund Overview Table 1 in millions Adopted Budget Amended Budget Year-end Projection Variance Revenue Source Major Discretionary Revenues Property Tax $ 48.3 $ 49.0 $ 49.0 $ - Property Tax in lieu of VLF 29.3 29.9 29.9 - Sales Tax 45.8 46.1 46.8 0.7 Measure P Sales Tax 27.8 27.8 28.8 0.9 Measure A Sales Tax 27.8 27.8 28.8 0.9 Franchise Fees 14.8 14.8 15.5 0.6 Transient Occupancy Tax 9.3 9.3 8.2 (1.1) Utility User Tax 3.8 3.8 3.1 (0.7) Major Discretionary Revenues Subtotal 207.1 208.6 210.0 1.4 Other General Fund Revenues Other Revenues 51.2 52.9 73.5 20.6 Other General Fund Revenues Subtotal 51.2 52.9 73.5 20.6 Total Revenues/Sources $ 258.2 $ 261.5 $ 283.5 $ 22.0 Expenditures Personnel Services $ 132.9 $ 133.8 $ 134.8 $ (1.0) Non-Personnel Supplies and Services 25.2 28.2 27.6 0.6 Other Expenses 1.8 3.2 3.6 (0.4) Transfers Out 86.8 87.1 108.4 (21.3) Internal Service 4.5 4.5 4.5 - Utilities 6.7 7.0 7.0 - Other Expenditures Category 0.4 1.1 1.0 0.1 Total Non-Personnel 125.3 131.1 152.1 (21.0) Total Expenditures 258.2 264.9 286.9 (22.0) Total General Fund Surplus/(Deficit) $ - $ (3.4) $ (3.4) $ - Use of Prior Year Fund Balance - 3.4 3.4 Total General Fund Surplus/(Deficit) $ - $ - $ - $ - Note: Minor variances due to rounding. Page 85 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 4 General Fund Revenues As shown in Table 1 above, the City’s revenues are projected to exceed the amended budget by approximately $22.0 million. This is a combination of Major Discretionary Revenues and Other General Fund Revenues which are projected to exceed the amended budget by $1.4 million and $20.6 million respectively. Major Discretionary Revenues Sales Tax revenue is trending higher than anticipated and is expected to exceed budget by $0.7 million. Measure A and Measure P Sales Tax are anticipated to exceed budget by $0.9 million each, for a combined total of $1.8 million. Based on the latest information from HDL, the City’s sales tax consultant, the additional Sales Tax revenue continues to be partially driven by construction material sales associated with the Bayfront development. These positive variances in major discretionary revenues are partially offset by shortfalls in Transient Occupancy Taxes (TOT) and Utility Users Tax (UUT), which are projected to come in approximately $1.1 and $0.7 million under budget, respectively. Other General Fund Revenues These revenues are projected to exceed the amended budget by $20.6 million, primarily due to an increase in the Transfers In category from ARPA ($19.4 million). This transfer is discussed in detail below in the American Rescue Plan Act section of this report. General Fund Expenditures As shown in Table 1, expenditures are anticipated to exceed the amended budget by $22.0 million. This includes a projected increase in the Transfer Out category of $21.3 million. This is primarily due to an increase in transfers out to the Capital Improvement Projects fund ($18.6 million), the Development Services fund ($0.8 million), and the Measure A and Measure P Sales Tax revenue funds. The recommended increase to General Fund expenditure appropriations is $22.6 million, which is anticipated to be fully offset by Major Discretionary revenues made available from the use of ARPA funding to support labor expenditures across various departments. Staff will be closely monitoring expenditures and revenues and provide an update on the status via the Fourth Quarter Financial Report. Departmental Revenues and Expenditures Departmental Revenues Table 2 below provides the Amended General Fund revenue budget, the projected year-end revenues, and the projected variance at the department level. Page 86 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 5 Fiscal Year 2023-24 General Fund Departmental Revenues Table 2 Department Amended Budget Year-end Projection Variance City Council $ - $ - $ - Boards & Commissions - - - City Clerk 47.8 65.7 17.9 City Attorney 425.4 794.6 369.3 Administration 55.1 55.1 - Information Technology 394.7 394.7 - Human Resources 622.3 717.8 95.5 Finance 1,902.0 1,490.4 (411.6) Non-Departmental 222,204.5 245,174.4 22,969.9 Animal Care Facility 1,530.3 1,264.9 (265.4) Economic Development 451.7 603.7 151.9 Development Services 2,288.7 1,989.1 (299.6) Engineering/Capital Project 9,229.6 7,768.0 (1,461.6) Police 5,919.2 6,026.5 107.3 Fire 2,899.4 4,223.3 1,324.0 Public Works 8,597.3 8,062.1 (535.2) Parks and Recreation 3,918.0 4,219.5 301.5 Library 1,002.6 695.6 (307.0) Total Departmental Revenue $ 261,488.6 $ 283,545.5 $ 22,056.9 The largest variances in Departmental Revenues are projected to occur in the Non-Departmental, Parks and Recreation, Public Works, Finance, and Library departments. The Non-Departmental positive variance of $23.0 million is due to Sales Tax, Measure A and Measure P Sales Tax which are projected to come in above budget as well as additional transfers out that are anticipated to be made to the CIP Fund and Development Services Fund. The Fire Department’s positive variance of $1.3 million is due to program reimbursements for the City’s Fire Department Strike Team activity and an increase in reimbursements from the San Diego Unified Port District for Fire services, pursuant to the Municipal Services Agreement between the agencies. Additionally, there is an expected decrease in departmental revenues, most notably in the Engineering & Capital Projects Department ($1.5 million), Public Works Department ($0.5 million) and Finance Department ($0.4 million) primarily driven by a decrease in anticipated revenue recovery for staff time reimbursements. Staff time reimbursement shortfalls in Engineering & Capital Projects and Public Works are largely caused by staffing vacancies and therefore offset by personnel expenditure savings. Departmental Expenditures Table 3 below provides the Amended General Fund expenditure budget, the projected year-end expenditures, and the projected variance at the department level. Page 87 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 6 Fiscal Year 2023/24 General Fund Departmental Expenditures Table 3 Department Amended Budget Year-end Projection Variance City Council $ 1,541.6 $ 1,512.4 $ 29.0 Boards & Commissions 2.1 2.1 - City Clerk 3,509.7 3,341.4 168.3 City Attorney 3,178.2 2,934.2 244.0 Administration 2,603.2 2,474.9 128.3 Information Technology 4,599.2 4,599.2 - Human Resources 3,564.5 3,646.8 (82.3) Finance 4,754.1 4,647.4 106.7 Non-Departmental 97,547.2 118,985.4 (21,438.1) Animal Care Facility 3,450.7 3,239.0 211.7 Economic Development 1,869.3 1,856.9 12.4 Development Services 2,870.3 2,701.9 168.4 Engineering/Capital Project 11,232.4 10,159.7 1,072.7 Police 55,806.9 58,582.6 (2,775.7) Fire 35,346.8 35,456.8 (647.3) Public Works 23,705.2 23,545.0 160.2 Parks and Recreation 5,453.9 5,059.7 394.2 Library 3,856.1 3,610.6 245.5 Total Expenditure Budget $ 264,891.5 $ 286,923.2 $ (22,031.9) Departmental Expenditures are expected to exceed budget in various departments. The following are explanations of the significant variances between budgeted and projected expenditures: The Police Department reflects a negative variance of $2.8 million which is driven by an increase in overtime costs tied to staffing vacancies and operational needs. The Non-Departmental negative variance of $21.4 million is primarily due to the Transfer Out for both Measure A and Measure P Sales Tax Funds combined, based on updated Measure A and Measure P Sales Tax projections and additional transfers to the CIP and Development Services Fund. The Engineering/Capital Projects Department’s positive variance of $1.1 million is driven by department vacancies resulting in anticipated salary savings. Some of these vacancies are expected to result in a reduction of current services revenue. The Fire Department’s negative variance of $0.6 million is expected to be completely offset by reimbursements from Strike Team deployments. Fiscal Year 2023-24 Budget Adjustments Staff recommends various adjustments, appropriations, and transfers to City Departmental and Fund budgets that require City Council authorization. General Fund Adjustments In the General Fund, some of the transfers are between expense categories within the same Department and some transfers are between Departments. There are also proposed budget adjustments reflecting increased estimated revenue where it is needed to address unanticipated expenditure category overages and ensure accurate year-end reporting. The recommended budget adjustments are shown in Table 4 below. Page 88 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 7 General Fund Budget Adjustments Summary - 3rd Quarter Fiscal Year 2023-24 Table 4 DEPARTMENT PERSONNEL NON- PERSONNEL TOTAL TOTAL NET Footnote SERVICES EXPENSES EXPENSE REVENUE IMPACT GENERAL FUND Boards & Commissions 1 $ - $ 5,000 $ 5,000 $ - $ 5,000 City Attorney 2 80,000 (80,000) - - - Administration 1 - (5,000) (5,000) - (5,000) Non-Departmental 3-5 29,156 21,725,549 21,754,705 (21,754,705) - Economic Development 6 - 19,250 19,250 (19,250) - Police 7 285,000 - 285,000 (285,000) - Fire 8 537,270 29,807 567,077 (567,077) - TOTAL GENERAL FUND $ 931,426 $ 21,694,606 $ 22,626,032 $(22,626,032) $ - Note: Minor variances due to rounding. The proposed General Fund budget adjustments result in no net impact to the fiscal year 2023-24 budget, primarily being derived by the following transactions: 1. Transfer of expenditure appropriations in the amount of $5,000 in the Administration Department to Board & Commissions to purchase business cards. 2. Transfer of expenditure appropriations in the amount of $80,000 within the City Attorney’s Department to cover year-end projected personnel expenses. 3. Transfer of expenditure appropriations in the amount of $29,156 within Non-Departmental for unanticipated personnel. 4. Increase expenditure appropriations in the amount of $21,725,549 for transfers to the Development Services Fund and Capital Improvement Projects Fund, detailed in Table 5A below. 5. Increase estimated revenues in the amount of $21,754,705 in the Transfers In category related to increased Measure A and Measure P Sales Tax and various ARPA reimbursements. 6. Increase both expenditure appropriations and estimated revenues in the amount of $19,250 for a CBRE Commission payment in order to properly reflect total revenue received and expenditures incurred. 7. Increase both expenditure appropriations and estimated revenues in the amount of $285,000 for reimbursed overtime funded with grants. 8. Increase both expenditure appropriations and estimated revenues in the amount of $567,077 for Strike Team deployment reimbursements. Other Fund Adjustments The following recommended adjustments are for funds outside of the General Fund. The proposed adjustments, displayed in Table 5, have a net cost decrease of approximately $10.3 million to the various identified funds. The proposed adjustments will impact the fund balances or current year available revenues of the respective noted funds. Page 89 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 8 Other Fund Budget Adjustments Summary - 3rd Quarter Fiscal Year 2023-24 Table 5 PERSONNEL NON- PERSONNEL TOTAL TOTAL Footnote SERVICES EXPENSES EXPENSE REVENUE NET IMPACT 2016 Measure P Sales Tax 1 $ - $ - $ - $ (927,140) $ (927,140) 2018 Measure A Sales Tax 2 - - - (927,385) (927,385) Donations 3 - 9,664 9,664 (9,664) - Local Grants 4 - 122,815 122,815 - 122,815 Federal Grants 5 - 709,736 709,736 (709,736) - Public Educational & Govt Fee 6 - 200,000 200,000 - 200,000 CFD 12M Village 7 Otay Ranch 7 - 35,000 35,000 - 35,000 Bayfront Special Tax District 8 - 484,652 484,652 - 484,652 Development Services Fund 9 - - - (843,787) (843,787) Transport Enterprise 10-12 (150,000) 500,000 350,000 (350,000) - 2017 CREBs LRBs 13 - 1,086 1,086 (1,086) - Transportation DIFs 14 - - - 3,500,000 3,500,000 Capital Improvement Projects 15 - 6,666,068 6,666,068 (18,568,286) (11,902,218) American Rescue Plan Act 2021 - Other Expenses - CIP Expenses - Transfers Out 16 - (313,482) (8,949,394) 9,262,876 - - - Public Liability Trust - Supplies & Services - Other Expenses 17 - 100,000 (100,000) - - - TOTAL OTHER FUNDS $ (150,000) $ 8,729,021 $ 8,579,021 $(18,837,085) $(10,258,064) Note: Minor variances due to rounding. The Other Funds proposed budget adjustments result in a positive net impact of $10,258,064, primarily being derived by the following transactions: 1. Increase estimated revenues by $927,140 for additional anticipated Measure P Sales Tax revenue. 2. Increase estimated revenues by $927,385 for additional anticipated Measure A Sales Tax revenue. 3. Increase expenditure appropriations in the Other Expenses category and estimated revenue by $9,664 for donations received. Page 90 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 9 4. Increase expenditure appropriations in the Other Expenses category by $122,815 for court ordered return of currency seized in warrant search. 5. Increase expenditure appropriations in the Transfers Out category and estimated revenue by $709,736 for State Water Resources Control Board grant. 6. Increase expenditure appropriations in the Supplies & Services category by $200,000 from fund balance for upgrades needed for Council chambers. 7. Increase expenditure appropriations in the Supplies & Services category from fund balance by $35,000 for trail repairs. 8. Increase expenditure appropriations by in the Other Expenses category $484,652 for Bayfront Special Tax District payment. 9. Increase estimated revenue in the amount of $843,787 for transfers from the General Fund. 10. Transfer of expenditure appropriations by $150,000 from the Personnel category to Supplies & Services for various operational needs. 11. Transfer of expenditure appropriations by $350,000 from the Other Capital category to Supplies & Services for various operational needs. 12. Increase expenditure appropriations and estimated revenue by $350,000 for anticipated revenues and expenditures. 13. Increase expenditure appropriations in the Supplies & Services category and estimated revenue by $1,086 for administrative costs. 14. Decrease estimated revenue by $3,500,000 due to timing change included in updated developer agreement. 15. Increase expenditure appropriations in the CIP Budget category in the amount of $7,101,651 and estimated revenues in the amount of $18,568,268 for transfers from the General Fund. 16. Transfer of expenditure appropriations from the CIP Project Expenditures and Other Expenses category to the Transfers Out category in the amount of $9,262,876 for various ARPA reallocation amendments for various projects. 17. Transfer of expenditure appropriations of $100,000 from the Other Expenses category to the Supplies & Services category for Council authorized expenses. American Rescue Plan Act (ARPA) The City of Chula Vista received a total of $57.5 million in ARPA funds, which were appropriated by the City Council with the initial Spending Plan presented on August 24, 2021. Subsequent to the initial 2021 allocation, various Spending Plan amendments have been approved by City Council as critical needs fluctuated throughout the response to the pandemic and various updates to the related guidance were received from the U.S. Department of Treasury (the “Treasury Department”). An eligible use of ARPA funding is the replacement of revenue loss of local governments due to the COVID- 19 public health emergency. This use ensures continuity of vital government services by filling pandemic- caused budget shortfalls. Importantly, once a shortfall in revenue is identified, recipients have broad latitude to use this funding to support government services, up to the amount of revenue lost. As of April 2023, the City's revenue loss eligible for funding exceeds the total ARPA funds awarded to the City. This allows the entirety of the allocated funds to be utilized for revenue recovery purposes. This presents an opportunity to redirect previously allocated funds from other enumerated ARPA expenditure categories as well as other subsections within the City’s Revenue Recovery category of the ARPA spending plan, to be directed to the General Governmental Services provision of the Revenue Recovery expenditure category. This allocation will cover a range of expenses typically supported by the General Fund, including public sector wages. Furthermore, such reallocation aligns with the flexibility granted to ARPA fund recipients and streamlines reporting obligations, guarantees resource efficiency, and addresses ARPA spending deadlines. Page 91 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 10 Summary of Proposed Reallocations to the Revenue Recovery Category City of Chula Vista - ARPA Spending Plan Table 6 FY 2022 FY 2023 FY 2024 FY 2024 Total Budget with Final Budget Final Budget Amended Budget Proposed Adjustments Proposed Adjustments CATEGORY EC 2 - Economic Development $ 2,900,000 $ - $ (51,951) $ (2,663,482) $ 184,567 Small Business Grants 2,600,000 - - (2,600,000) - Choose Chula 100,000 - - (63,482) 36,518 Curb/Sidewalk Café Grant 200,000 - (51,951) - 148,049 EC 6 - Revenue Recovery $ 11,592,750 $ 15,827,692 $ 23,226,377 $ 2,663,482 $ 53,310,301 General Governmental Services 11,592,750 15,827,692 23,226,377 2,663,482 53,310,301 As illustrated in the preceding Table 6, staff proposes to reallocate $2.6 million that has been fully expended on the Small Business Grants from the Economic Development category to the Revenue Recovery category, to allow for streamlined reporting obligations. These funds have been fully spent and this change will result in no changes to the program. Additionally, staff is recommending reallocating the unspent monies in the Choose Chula project to the Revenue Recovery category to allow these funds to be spent on core services across all areas of the City, which includes Police and Fire services; parks and recreation; libraries; and support services like Finance and Human Resources. Summary of Proposed Reallocations within the Revenue Recovery Category City of Chula Vista - ARPA Spending Plan Table 7 FY 2022 FY 2023 FY 2024 FY 2024 Total Budget with Final Budget Final Budget Amended Budget Proposed Adjustments Proposed Adjustments CATEGORY Operational Support Development Services Fund $ - $ 1,000,000 $ - $ (843,787) $ 156,213 Funding new positions 350,000 350,000 298,814 (473,273) 525,541 PW Proj Mgmt-Non CIP Proj (PWP0001) 1,000,000 500,000 - (430,965) 1,069,035 General Governmental Services 2,000,000 5,576,442 (1,831,517) 13,628,755 19,373,680 Page 92 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 11 City of Chula Vista - ARPA Spending Plan Table 7 FY 2022 FY 2023 FY 2024 FY 2024 Total Budget with Final Budget Final Budget Amended Budget Proposed Adjustments Proposed Adjustments CATEGORY Infrastructure Loma Verde Community Center (GGV0247) 2,000,000 - (1,765,000) 8,000,000 8,235,000 Casa Casillas (GGV0262) 1,000,000 1,450,000 - (596,861) 1,853,139 HVAC Project (GGV0261) - - 10,000,000 (10,000,000) - Palomar Motel (GGV0270) - - 13,000,000 (7,734,565) 5,265,435 MacKenzie Creek Park (PRK0345) - - 283,326 (283,326) - IT Master Plan Implementation - - 1,015,978 (1,015,978) - Economic Development ADA Transition Plan Update - - 1,100,000 (250,000) 850,000 TOTAL/NET $6,350,000 $8,876,442 $22,101,601 $- $37,328,043 As shown in Table 7 above, staff proposes the reallocation of $13.6 million within the Revenue Replacement expenditure category to the General Governmental Services provision of Operational Support, designated for revenue loss replacement, for use toward expenses traditionally sustained by general fund revenue. This strategy aligns seamlessly with the wide discretion afforded to ARPA fund recipients to bolster government services in response to pandemic-induced revenue declines. The Treasury Department has encouraged recipients to adhere to existing budget procedures, minimizing administrative complexities. Leveraging the Revenue Recovery Category promises enhanced flexibility, coupled with simplified reporting protocols, streamlining the reporting process. The reallocated funds will be used to support General Fund labor expenses of various City departments which include Police and Fire services, parks and recreation, libraries, as well as support services like Finance and Human Resources. Conclusion Staff’s proposed reallocation of ARPA funds adheres to all allowable uses outlined in the final rule issued by the Treasury Department. The proposed reallocation was strategically created to reduce the effort to provide ongoing reporting of expenditures to the Treasury; provide the City greater flexibility in how to allocate the Revenue Recovery funds to projects and programs that are essential to our community; and ensure funds are fully utilized by the program deadline. In summary, the City of Chula Vista is strategically utilizing ARPA funds to address critical needs of the City. The City strives to promote equity in all areas of service, ARPA funds will be used to provide governmental services across all General Fund departments and will therefore support all areas of the City. Page 93 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 12 DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The Third Quarter Report presents projected revenue and expenditure actuals as of March 31, 2024, with updates through May 31, 2024, as available. Approval of the resolution amending the fiscal year 2023-24 budget will result in the following impacts: General Fund – The proposed adjustments result in no net impact to the fiscal year 2023-24 budget. This includes an increase in General Fund appropriations of approximately $22,626,032 and an increase in estimated revenues of $22,626,032. Other Funds – The proposed adjustments result in a net positive impact to the fiscal year 2023-24 budget of the Other (non-General Fund) Funds of $10,258,064. This includes an increase in appropriations of approximately $8,579,021 and an increase in estimated revenues of $18,837,085. ONGOING FISCAL IMPACT Staff will review the impacted budgets to identify potential ongoing impacts and will incorporate as required during the fiscal year 2024-25 budget development process. ATTACHMENTS 1. General Fund Budget Transfers 2. General Fund Budget Amendments Staff Contact: Sarah Schoen, Director of Finance/Treasurer Ed Prendell, Budget and Analysis Manager Page 94 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023-24 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, staff has completed the budget review for the quarter ending March 31, 2024 and is recommending a number of budget amendments in the General Fund and various other funds to align the budget with anticipated year-end actuals where the actuals are expected to exceed the budget; and WHEREAS, staff is recommending increasing the revenue budget by $22,626,032 in and expense appropriations by $22,626,032 to various departments in the General Fund, resulting in no net fiscal impact to the General Fund; and WHEREAS, the Local Grants Fund, Public Educational & Govt Fee Fund, CFD 12M Village 7 Otay Ranch Fund, Bayfront Special Tax District Fund and the Transportation DIFs will be negatively impacted due to adjustments that will add appropriations that will be made from the available balances of these funds; and WHEREAS, the 2016 Measure P Sales Tax Fund, 2018 Measure A Sales Tax Fund, Development Services Fund and the Capital Improvement Projects Fund will be positively impacted as a result of increased revenue appropriations resulting from the recommended changes; and WHEREAS, the recommended adjustments to the Donations Fund, American Rescue Plan Act 2021 Fund, Federal Grants Fund, Public Liability Trust Fund, Transport Enterprise Fund and the 2017 CREBs LRBs Fund consist of offsetting adjustments between revenue and expenditure categories and are neutral resulting in no net impact to these funds; and WHEREAS, staff recommends that the City Council authorize the City Manager to amend the fiscal year 2023-24 budget and approve appropriations and transfers in the General Fund and various other funds in order to ensure audited actuals do not exceed budget resulting from any year-end closing entries. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend the Fiscal Year 2023-24 budget and approves the following appropriations and transfers: Page 95 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Resolution No. ________ Page 2 Summary of General Fund Appropriations and/or Transfers General Fund Budget Amendments Summary – 3rd Quarter Fiscal Year 2023-24 DEPARTMENT PERSONNEL SUPPLIES & OTHER TRANSFERS TOTAL TOTAL NET SERVICES SERVICES EXPENSES OUT EXPENSE REVENUE IMPACT City Council - - - - - - - Boards & Commissions - 5,000 - - 5,000 - 5,000 City Clerk - - - - - - - City Attorney 80,000 (80,000) - - - - - Administration - (5,000) - - (5,000) - (5,000) Information Technology - - - - - - - Human Resources - - - - - - - Finance - - - - - - - Non-Departmental 29,156 19,631 468,475 21,237,443 21,754,705 (21,754,705) (0) Animal Care Facility - - - - - - - Economic Development - 19,250 - - 19,250 (19,250) - Development Services - - - - - - - Engineering/Capital Projects - - - - - - - Police 285,000 - - - 285,000 (285,000) - Fire 537,270 29,807 - - 567,077 (567,077) - Public Works - - - - - - - Parks and Recreation - - - - - - - Library - - - - - - - TOTAL GENERAL FUND $ 931,426 $ (11,312) $ 468,475 $21,237,443 $22,626,032 $(22,626,032) $ - Page 96 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Resolution No. Page 3 Summary of Appropriations and/or Transfers for Other Funds Other Funds Budget Amendments Summary – 3rd Quarter Fiscal Year 2023-24 PERSONNEL SUPPLIES & OTHER OTHER CIP TRANSFERS TOTAL TOTAL NET SERVICES SERVICES EXPENSES CAPITAL BUDGET OUT EXPENSE REVENUE IMPACT 2016 Measure P Sales Tax - - - - - - - (927,140) (927,140) 2018 Measure A Sales Tax - - - - - - - (927,385) (927,385) Donations - - 9,664 - - - 9,664 (9,664) - American Rescue Plan Act 2021 - - (313,482) - (8,949,394) 9,262,876 - - - Local Grants - - 122,815 - - - 122,815 - 122,815 Federal Grants - - - - - 709,736 709,736 (709,736) - Public Educational & Govt Fee - 200,000 - - - - 200,000 - 200,000 Public Liability Trust - 100,000 (100,000) - - - - - - CFD 12M Village 7 Otay Ranch - 35,000 - - - - 35,000 - 35,000 Bayfront Special Tax District - - 484,652 - - - 484,652 - 484,652 Development Services Fund - - - - - - - (843,787) (843,787) Transport Enterprise (150,000) 850,000 - (350,000) - - 350,000 (350,000) - 2017 CREBs LRBs - 1,086 - - - - 1,086 (1,086) - Transportation DIFs - - - - - - - 3,500,000 3,500,000 Capital Improvement Projects - - - - 6,666,070 - 6,666,070 (18,568,286) (11,902,218) TOTAL OTHER FUNDS $(150,000) $1,186,086 $203,649 $(350,000) $(2,283,326) $9,972,612 $8,579,021 $(18,837,085) $(10,258,064) Page 97 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Resolution No. ________ Page 4 Summary of Funding Source Updates for Various CIP Project Budgets 3rd Quarter Fiscal Year 2023-24 FUND PROJECT INCREASE DECREASE NET IMPACT American Rescue Plan Act 2021 DRN0208 GGV0247 GGV0270 GGV0274 PRK0345 GGV0261 CRF0014 CRF0026 1,862,275 8,235,000 7,747,365 1,015,979 450,000 10,000,000 63,483 250,000 1,862,275 8,235,000 (7,747,365) (1,015,979) (450,000) (10,000,000) (63,483) (250,000) Capital Improvement Projects DRN0208 GGV0247 GGV0270 GGV0274 PRK0345 7,747,365 1,015,979 450,000 1,862,275 8,235,000 (1,862,275) (8,235,000) 7,747,365 1,015,979 450,000 TOTAL OTHER FUNDS $19,310,619 $29,624,102 $(10,313,483) Presented by Approved as to form by Sarah Schoen Marco Verdugo Director of Finance/Treasurer City Attorney Page 98 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment 1 Department From To Reason Amount Finance Contracted Services Gas & Electric Transfer for Utility Overage 23,000$ Finance Contracted Services City Staff Services Transfer for Staff Time Expense 10,594 Police Salaries Software Maint. Fees Transfer for Software 29,000 Engineering Salaries Contracted Services Transfer for Bayfront Contract 75,000 City Council Travel/Conf/Meetings Salaries Transfer for Intern 5,000 Public Works Salaries Damage to City Property Transfer for Window Repair at South Library 10,000 Public Works Landscape Supplies Damage to City Property Transfer for Harborside Park Fence 4,000 Public Works Salaries Contracted Services Transfer for Janitorial Services Contract 60,000 Development Services Salaries Attorney Services Transfer for Contracted Attorney Services 10,000 Development Services Salaries Wearing Apparel Transfer for Wearing Apparel 5,000 Public Works Contracted Services Damage to City Property Transfer for Emergency Storm Related Repairs 75,000 Library Personnel Gas & Electric Transfer for Utility Overage 75,000 Parks & Recreation Salaries Contracted Services Transfer for Increased Programming 48,000 Parks & Recreation Salaries Pool Chemicals Transfer for Pool Maintenance 5,000 Parks & Recreation Salaries Recreation Supplies Transfer for Increased Programming 22,000 Engineering Salaries Gas & Electric Transfer for Utility Overage 75,000 Public Works Wages - Hourly Repair & Maint of Bldg.Transfer for Supplies 16,282 Public Works Salaries Contracted Services Transfer for Janitorial Services Contract 15,000 Council Travel/Conf/Meetings Salaries Transfer for Salaries 6,550 Public Works Salaries Maint of Comm Equip Transfer for Radio Maint 45,000 Public Works Salaries Janitorial Supplies Transfer for Supplies 50,000 Animal Care Facility Salaries Gas & Electric Transfer for Utility Overage 18,000 Economic Development Salaries Contracted Services Transfer for Commission Expenses 30,000 Total General Fund Budget Transfers 712,426$ Page 99 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment 2 Resolution Date Budget Amendments Revenue Expenditure Net Impact 2023-083 7/1/2023 Personnel Appropriations (Animal Care)156,800$ 156,800$ -$ 2023-141 9/12/2023 Personnel Appropriations (City Clerk)34,279 68,557 (34,278) 2023-184 11/28/2023 FY24Q1 Appropriations (Various)1,759,726 1,759,726 - 2024-012 1/9/2024 Personnel Appropriations (Council)11,647 11,647 - 2024-028 2/13/2024 Personnel Appropriations (Various)143,048 143,048 - 2024-046 & 047 3/19/2024 FY24Q2 Appropriations (Various)1,160,932 1,160,932 - Total General Fund Budget Amendments $ 3,266,432 $ 3,300,710 $ (34,278) General Fund Budget Amendments Fiscal Year 2023-2024 (as of March 31, 2024) Page 100 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda v . 0 03 P a g e | 1 June 25, 2024 ITEM TITLE Comprehensive Code Update – Adopt an Ordinance Making Amendments to the Chula Vista Municipal Code Location: No specific geographic location Department: Development Services G.C. § 84308: No Environmental Notice: The project qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action A) Adopt an ordinance amending Chula Vista Municipal Code Title 8 (Health and Sanitation), Title 12 (Streets and Sidewalks), Title 13 (Sewers), Title 15 (Buildings and Construction), Title 18 (Subdivisions), and Title 19 (Planning and Zoning). (Second Reading and Adoption) B) Consider making a referral to the Planning Commission for a report and recommendation within 90 days to allow up to two detached accessory dwelling units on a lot with an existing single-family dwelling. Summary This Item was originally heard on June 11, 2024, and the staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=42441 . Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. The ordinance was placed on first reading, with a modification to Chula Vista Municipal Code (CVMC) subsection 19.58.022(c)(2)(c) to add reference to single-family dwellings, so that the subsection read: “Up to two detached accessory dwelling units shall be permitted on a lot with an existing multi -family or single- family dwelling” (emphasis added). Government Code section 65857 requires that such a modification be considered by the Planning Commission before City Council action. As such, the revision to CVMC subsection 19.58.022(c)(2)(c) is not presented as part of this item for the second reading of the ordinance. Page 101 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda P a g e | 2 The City Council may consider making a referral to the Planning Commission to provide a report and recommendation to allow up to two detached accessory dwelling units on a lot with an existing single-family dwelling. Failure of the Planning Commission to report within forty days after the referral, or such longer period as may be designated by the City Council, shall be deemed to be approval of the proposed modification. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 102 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA COMPREHENSIVELY AMENDING CHULA VISTA MUNICIPAL CODE TITLE 8 (HEALTH AND SANITATION), TITLE 12 (STREETS AND SIDEWALKS), TITLE 13 (SEWERS), TITLE 15 (BUILDINGS AND CONSTRUCTION), TITLE 18 (SUBDIVISIONS), AND TITLE 19 (PLANNING AND ZONING). WHEREAS, necessary amendments to the Chula Vista Municipal Code (“CVMC”) have been identified to help further streamline and clarify permit processes and regulations; and WHEREAS, in 2009, the Development Oversight Committee (“Oversight Committee”) was formed to work with staff in identifying areas within the Development Services Department needing improvement and assisting in developing workable solutions; and WHEREAS, staff presented the draft code amendments to the Oversight Committee, which recommended adoption; and WHEREAS, the Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (“CEQA”) and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including relating the addition of findings of approval for certain discretionary permits, creating additional standards for home occupations, changing the permitting authority of permits governing the public right-of-way, and streamlining processing procedures for certain discretionary permits. 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 on May 8, 2024, and voted 6-0-0 to adopt Resolution No. 2024-XXX, 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. Page 103 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda NOW THEREFORE the City Council of the City of Chula Vista does hereby find and ordain as follows: The City Council of the City of Chula Vista finds that the proposed amendments to the CVMC identified in this Ordinance No. qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves updates, modifications, and organizational changes to the CVMC relating to City Department names and staff titles, section numbering, hearing and appeal processes for zoning decisions, additions of definitions, and Code enforcement processes and actions. The action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, the action will not have a significant effect on the environment. Section I. Addition of Electric Vehicle Sales and Services Definition and Permit Process. The Chula Vista Municipal Code is hereby amended as follows: 19.04.002 Definitions and construction of terms generally. Unless the context requires otherwise, the definitions codified in this chapter shall be used in the interpretation and construction of this title; and words used in the present tense include the future, the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure”; and the word “used” shall include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used”; and the word “shall” is mandatory and not meant as general guidance. Whenever any of the following terms is used, it shall mean the corresponding officer, department, board or commission of Chula Vista, herein referred to as the City: “Assessor,” “City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director of Public Works,” “Director of Development Services,” “Zoning Administrator,” or “Building Inspector.” In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as its representative or agent. “Access” means an opening in a fence, wall or structure, or a walkway or driveway, permitting pedestrian or vehicular approach to or within any structure or use. “Accessory use or structure” means a use or structure subordinate to the principal use of a building on the same lot, and serving a purpose customarily incidental to the use of the principal building. Page 104 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 3 “Agent of owner” is any person who can show certified written proof that he is acting for the property owner. “Agriculture” means the use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal husbandry (excluding swine); incidental to other agricultural uses; and the necessary accessory uses for storing produce and qualified employee housing; provided, however, that the operation of any such accessory use shall be secondary to that of primary uses and shall not include stockyards or the commercial feeding of garbage or offal to animals. “Alley” means a public or private way not more than 30 feet wide, which affords only secondary access to abutting property. “Amusement facility” means a place of amusement or entertainment wherein are found games, rides (animal or mechanical), coin-operated or token-operated machines or devices (e.g., video and pinball), shooting galleries, movies or entertainment machines and other games of skill or chance offered to the public. This definition does not include vending, photocopying, laminating and photo machines. 1. “Amusement arcade or center” means a facility wherein are found games, coin-operated or token-operated machines or devices (e.g., video and pinball machines) of skill, chance or entertainment offered to the public. 2. “Amusement park” means an amusement facility encompassing several acres of land and may include other commercial activities such as restaurants, retail stores and services. 3. “Amusement games or machines as accessory uses” means not more than three coin-operated or token-operated machines, rides or devices (e.g., video, pinball, mechanized rides and other electronic games) within any commercial retail or service establishment, and provided they do not constitute more than five percent of the floor area of the establishment. “Auction” means the auctioning and sale of merchandise and equipment to the highest bidder, but excluding auction rooms and livestock auctioning. Automobile Dismantling. For “automobile dismantling,” see “junkyard.” Automobile Maintenance and Repair, Minor. “Minor automobile maintenance and repair” means general lubrication services, engine tune-up, and replacement of parts and motor service to passenger cars and trucks not exceeding one and one- Page 105 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda half tons capacity, but not including other operations named under “automobile repair, major” or similar thereto as determined by the Commission. “Automobile or trailer sales area” means an open area, other than a street or an alley, used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done. Automobile Repair, Major. “Major automobile repair” means general repair, rebuilding, and reconditioning of engines, motor vehicles or trailers; collision service, including body, frame, or fender repair; and overall painting. “Automobile service station” means an establishment engaged in the sale of motor fuel dispensing devices directly into motor vehicles. In addition, other services may be performed such as tube and tire repair, battery charging, storage of merchandise to be sold on the premises as permitted herein, lubricating of automobiles, and automobile washing, not including mechanical wash, and minor repairs. “Basement” means a story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than one-half of its floor-to- ceiling height is below the average contact level of the adjoining ground, as distinguished from a “cellar” which is a story where more than one-half of its floor- to-ceiling height is below the average level of the adjoining ground. A basement, when usable as a dwelling, shall be counted as a story for purposes of height measurement, and as a half story for purposes of side yard determination. “Beginning of construction” means the demolition, elimination and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings. “Block” means a tract of land bounded by streets, dead-ends of streets, railroad rights-of-way, watercourses, large tracts of land in uses such as parks and golf courses, or a City boundary. “Boardinghouse or lodginghouse” means a dwelling or part thereof (not including rest homes, convalescent homes, bed care, supervision and other special care, such as counseling), where meals and/or lodging are provided (but not separate cooking facilities) for compensation and with not more than five guest rooms and 10 persons total. “Boatel” means any hotel or motor hotel provided with landing facilities to accommodate boats or other vessels. “Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. Page 106 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 5 Building, Height of. “Height of building” means the vertical distance from the average contact ground level of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. Building, High Rise. “High rise building” means any structure which is five stories or more in height. Building Line Map. The front yards of all lots and side yards along the street side of a reversed corner lot are shown upon a map on file in the Planning Department, and made a part of this title, being designated as the “building line map,” and such map and all notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by such map were all fully described herein. Building, Main. “Main building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the building site on which it is located. “Bulkhead” means a structure, including riprap or sheet piling, constructed to separate land and water and establish a permanent shoreline. “Carnival” means a traveling enterprise offering amusements with organized entertainment or exhibits and includes mechanical rides. “Carport” means a private garage, as defined herein, which is designed to be open on one or more sides. “Cellar” means a story where more than one-half of its floor-to-ceiling height is below the average contact ground level of the adjoining ground. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes. “Chula Vista General Plan” means the General Plan for the City, as adopted by the City Council on September 22, 1964, and as amended from time to time. “Commission” means the City Planning Commission of Chula Vista. “Communication equipment building or use” means a building or lot housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel. For the purpose of this title, a communication equipment building or use shall be considered a quasi- public use, where such use is referred to in the zoning regulations. Page 107 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda “Community purpose facility” means a land use designation in a planned community intended for nonprofit and certain for-profit land uses as listed in CVMC 19.48.025(C). “Council” means the City Council of Chula Vista. “Court” means a yard on the same lot with a building which is bounded on two or more sides by the exterior walls of buildings on the same lot. “Crop and tree farming” means the raising for commercial purposes of any truck, field or orchard crops or wholesale nurseries or greenhouses, including necessary buildings incidental to such crop and qualified employee housing. “Dance floor” shall mean a defined floor area located within a business establishment designed for the purpose of dancing by patrons of the establishment. “Day nursery” means day nurseries for working mothers; nursery schools for children under the minimum age of admission to public schools; parent- cooperative nursery schools; play groups for preschool children; programs giving afterschool care to school children; and all other types of group day care programs. The term “day nursery” does not include family day care homes; facilities offering 24-hour care; or regular elementary schools which offer educational programs only. “Day spa” means a business which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments. Treatments may include foot and body massage; facials; waxing; body wraps; salt scrubs; manicures; pedicures; aromatherapy; moxibustion; ear candling; and guasha (scraping), or other similar treatments. “Development unit” means that portion, along with the uses contained therein, of a planned community district which is proposed for development at one time and under one planned development permit. Development units may consist of portions of a planned community district or of the entire district. “Distance between residential structures” means the shortest horizontal distance between the vertical walls of two residential structures as herein defined. Location of points of measurement are subject to the exceptions contained in CVMC 19.16.060. “Dock” means a landing pier for boats; a wharf; or a structure supported by pilings or floats in such a manner as to allow free flow of water beneath said structure and in which any buildings constructed thereon are incidental to the use of said structure as a wharf or landing pier. Page 108 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 7 “Driveway” means a private road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which located. “Dwelling” means any building or portion thereof designed or used exclusively as the residence of one or more persons, but not including a hotel/motel, tent, cabin, trailer or mobilehome. Dwelling, Accessory Dwelling Unit. “Accessory dwelling units or junior accessory dwelling units” are independent living facilities of limited size that provide permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. This includes efficiency units and manufactured homes, in conformance with the requirements for such units as defined in State Government Code Section 65852.2. “Dwelling group” means a group of two or more detached buildings used for dwelling purposes located on a parcel of land in one ownership and having any yard or court in common. Dwelling, Multiple. “Multiple dwelling” means a building or portions thereof designed for or used exclusively for residence purposes by three or more families or housekeeping units, living independently of one another. Dwelling, Single-Family. “Single-family dwelling” means a building designed for or used exclusively for residence purposes by one family or housekeeping unit. Dwelling, Townhouse. “Townhouse dwelling” means an attached or semi-attached building containing a single dwelling unit and located or capable of being located on a separate lot. Dwelling, Two-Family or Duplex. “Two-family or duplex dwelling” means a building designed for or used exclusively for residence purposes by two families or housekeeping units, living independently of one another. “Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette. “E-commerce (electronic commerce)” includes commercial activities involving the sale of goods or services for profit, where those sales occur on virtual platforms including but not limited to the internet and applications within smartphones or other similar mobile cellular devices. “Efficiency living unit” means a dwelling unit for occupancy, which has a minimum floor area of 150 square feet and a maximum floor area of 450 square feet and which may also have partial kitchen or bathroom facilities and shall have Page 109 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda the same meaning as “Efficiency Unit” as defined in Section 17958.1 of the California Health and Safety Code. “Electrical generating facilities” is a collective term of reference for each of the following individually defined sub-types: 1. Base Load Facility. A “base load facility” means an electrical generating facility that is intended to run constantly at near capacity levels. This sub - type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor- owned utility transmission corridors right-of-way. Base load facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. 2. Peaking Facility. A “peaking facility” means an electrical generating facility that is used to produce extra electricity during peak load times and is permitted to operate not more than 4,000 hours per year. This sub-type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor-owned utility transmission corridors. Peaking facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. 3. Private Facility. A “private facility” means an electrical generating facility that, regardless of fuel or energy source, is operated by a private property owner or lessee, and whose function is the provision of electricity to the permitted use(s) on a single or adjoining parcel(s) on which the facility is located or serves. The associated power load shall generally be up to 25 megawatts, or as determined by applicable state or other codes. A private facility can include district heat and power, and combined heat and power types as defined in the City’s Electrical Generating Facilities (EGF) Policy. 4. Backup and Emergency Facility. A “backup and emergency facility” means an electrical generating facility that is operated only during the interruption of electrical service from the distribution system or transmission grid due to circumstances beyond the operator’s control. 5. Residential-Level Facility. A “residential-level facility” means an electrical generating facility whose function is the provision of electricity to serve an individual private residential dwelling unit(s). Electric Vehicle (“EV”) Service and Sales. The leasing or sales of electric vehicles (EV), parts or services for EV's, and minor repairs/service including minor body work, replacement parts (excluding paint booths), where all activities occur within a building, office space, or commercial store front, with limited outdoor storage. Sales are limited to EV, hybrid vehicles and related service/parts sales. Page 110 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 9 “Emergency shelter” means housing with minimal supportive services for homeless persons, with occupancy limited to a six-month term or less by homeless persons. Emergency shelter shall have the same meaning as defined in Section 50801(e) of the California Health and Safety Code. “Essential services” means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including any buildings, electric substations, or water storage tanks. “Family day care” means regularly provided care, protection and supervision of 14 or fewer children in the state-licensed provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away; provided, that the licensee of such family day care home who rents or leases their home shall notify the property owner or landlord in writing that they are operating a family day care home in the rented or leased property. “Family day care home, large” means a family day care home, as defined by this section, which provides family day care to nine to 14 children, inclusive, including children who reside at the home. “Family day care home, small” means a family day care home, as defined by this section, which provides family day care to eight or fewer children, including children who reside at the home. Filling Station. For “filling station,” see “automobile service station.” “Floor area ratio (residential)” means the numerical value obtained by dividing the total area of all the floors of a building or buildings included within the surrounding walls, by the total area of the premises. “Fulfillment center” is a facility where a building is primarily used to receive, process, and fulfill numerous consumer orders associated with electronic commerce (“e-commerce”) or similar high capacity and high frequency orders and deliveries. The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees. Page 111 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda “Full-time foster home” means a family residence in which 24-hour care is provided for not more than six children, including children of the foster family. Garage, Private. “Private garage” means a detached, fully enclosed accessory building or a portion of the principal building used only for the storage of passenger vehicles, boats or trailers by the persons resident or employed upon the premises; provided, that such garage, when in a residential zone or incidental to a residential use, shall not be used for the storage of more than one commercial vehicle of one and one-half tons or greater rated capacity per family residence upon the premises. Garage, Public. “Public garage” means a structure or portion thereof, other than a private garage, used for the storage, sale, care, repair or refinishing of self- propelled vehicles or trailers. “General development plan” means a description of the development proposed within a particular planned community zone consisting at a minimum of a map and written statement setting forth, in general, the regulations governing, and the location and arrangement of, all proposed uses and improvements to be included in the development. “Guest house” means detached living quarters of a permanent type of construction, without kitchen or cooking facilities and intended for use by occasional guests of the occupants of the main building, but not to exceed 90 days for any one guest over a one-year period. A guest house shall not be separately rented, let, or leased, whether compensation is direct or indirect. “Hazardous waste facility” means, as applicable, a hazardous waste facility project, specified hazardous waste facility, specified hazardous waste facility project, or land disposal facility as defined in Section 25199.1 of the California Health and Safety Code, and shall include any structures, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. “Home occupation” means a commercial activity conducted in a dwelling, which is clearly incidental and secondary to the use of the dwelling for residential purposes, and in accordance with CVMC 19.14.490. “Hospital” means an institution in which patients are given medical or surgical care and which is licensed by the state to use the title “hospital” without qualifying descriptive word. “Hotel/motel” means a building or group of buildings comprised of six or more guestrooms or suites of rooms, where a majority of such rooms are occupied, intended or designed for occupancy by guests for temporary lodging or sleeping purposes for less than 30 consecutive calendar days, and is held out as such to the Page 112 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 11 public (not including hospitals, residential facilities, qualified employee housing, boarding or lodging houses or single room occupancy residences). “Houseboat” means any vessel used or intended to be used primarily as a dwelling unit, in contrast to a vessel used or intended to be used primarily for carrying persons or goods. “Interested party” means any person who, in person or through a representative, appeared at a public hearing of the City of Chula Vista, or made written comments via U.S. Mail, e-comment or electronic mail (email) to the City, in connection with a decision or action appealed. “Interested party” shall also include the applicant for a permit. “Junkyard” means a place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, stored or abandoned, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, and not including sale of used cars in operable condition, or salvaged materials incidental to manufacturing operations. “Kennel” means a place kept for the purpose of the boarding, breeding, raising, selling or exchanging of dogs. “Kitchen or kitchenette” means any room or part of a room which is designed, built, used or intended to be used for food preparation and dishwashing, but not including a bar, butler’s pantry or similar room adjacent to or connected with a kitchen. “Landscape manual” refers to the landscape manual adopted by the City Council of Chula Vista. “Landscaping” means planting, including trees, shrubs, lawn areas, and ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, decorative rock or other paved surfaces are considered as elements of landscape development. “Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this title, and having frontage on a public or an approved private street. Page 113 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda “Lot area” means the computed area contained within the lot lines. Lot, Corner. “Corner lot” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street right-of-way lines is the “corner.” “Lot coverage” means the percent of the total site area covered by structures other than those excepted in this title. “Lot depth” means the mean horizontal distance between the front and the rear lot lines, or between the front lot line and the intersection of the two side lines if there should be no rear lot line. Lot, Interior. “Interior lot” means a lot other than a corner lot. Lot Line, Front. “Front lot line” means the line separating the lot from the street. In the case of a corner lot, the front lot line is the shorter of any two adjacent street lot lines. Lot Line, Interior. For “interior lot line,” see “lot line, side.” Lot Line, Rear. “Rear lot line” means a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: 1. For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line; or 2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; or 3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. Lot Line, Side. “Side lot line” means an y lot line other than a front or rear lot line which intersects a front lot line. A side lot line separating a lot from a street is called a “side street lot line.” Lot Line, Street or Alley. “Street or alley lot line” means a lot line separating the lot from a street or alley. Page 114 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 13 “Lot lines” means the property lines bounding the lot. Lot of Record. For “lot of record,” see CVMC 19.16.020. Lot, Through. “Through lot” means a lot having frontage on two parallel or approximately parallel streets. “Lot width” means the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. “Massage parlor” means a massage establishment as defined in CVMC 5.36.030. Mobilehome. For “mobilehome,” see “trailers.” “Narcotic or drug paraphernalia shop” or “head shop” means any business establishment or a portion of the premises of any business establishment wherein devices, contrivances, instruments or paraphernalia for smoking, sniffing or injection of marijuana, hashish, cocaine, PCP or any controlled substance is displayed or offered for sale. “Nonconforming structure” means a structure which was lawfully erected prior to July 8, 1969, but which, under the provisions herein, does not conform to the standards of coverage, yards, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located. “Nonconforming use” means a use of a structure or land which was lawfully established and maintained prior to July 8, 1969, but which, under the provisions herein, does not conform with the use regulations for the district in which it is located. “Nursing home” means any premises with sleeping rooms where persons are lodged and furnished with meals and nursing care, not including persons suffering from contagious disease, mental diseases, alcoholism or drug addiction. “Off-shore” means land below “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. “On-shore” means land above “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. Open Space, Usable. “Usable open space” means any portion of a lot which is landscaped and/or developed for recreational and leisure use, and is conveniently located and accessible to all the units. (See CVMC 19.28.090.) Page 115 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda “Park” means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. Parking Area, Private. “Private parking area” means an open area for the same uses as a private garage. Parking Area, Public. “Public parking area” means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers. “Parking space” means a permanently surfaced area of a size defined by Planning Commission resolution, within a structure or in the open, excluding area necessary for access under the provisions of this title, designed or used for the parking of a motor vehicle. When the long dimension of a parking space adjoins a wall or fence more than six inches in height, the width of such parking space shall be not less than 10 feet. “Performance standards” are the regulations for the control of “dangerous or objectionable elements” as defined in CVMC 19.66.080 through 19.66.150. Permitted Use. For the purpose of this title, a “permitted use” in any zone shall include any use listed as a “principal permitted use” or “accessory use” and shall further include a “conditional use” as listed for the particular zone, provided a conditional use permit is obtained. “Pet shop” means an establishment involved in selling or exchanging (but excluding boarding, breeding or raising) any birds, dogs or other pets, all of which for the purpose of this chapter are called “pets.” Pharmacy, Prescription. For “pharmacy, prescription,” see “prescription pharmacy.” “Planned development permit” means a permit issued by the City Planning Commission, authorizing the actual development and construction within a planned community zone. “Poultry farm” means any premises on which the primary use is the breeding, raising or maintaining of poultry for sale of eggs or poultry, or where the primary income from the premises is derived from the aforesaid occupation. “Prescription pharmacy” means an establishment whose primary function is the sale of pharmaceutical drugs and prescriptions as well as medicinal supplies and Page 116 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 15 goods. The incidental sales of toilet goods, toiletries, cosmetics, confections, tobacco and accessories, newspapers and magazines is also permitted. “Public/quasi-public” means used as public or seemingly public. For the purposes of this title, electrical substations, electrical generating facilities as defined in subsections (1), (2), (3) and (4) only of the definition “electrical generating facilities” in this section, water or wastewater treatment and storage facilities, education, civic, government offices, or other municipal, public agency or utility facilities, and others as listed in Chapter 19.47 CVMC shall be considered public/quasi-public uses, of a public service type. “Qualified employee housing” means accommodations for employees as defined in Section 17008 of the California Health and Safety Code, as may be amended, which has qualified or where the owner intends to qualify for a permit to operate under the Employee Housing Act (Health and Safety Code Section 17000 et seq.). Recreation, Commercial. “Commercial recreation” means recreation facilities operated as a business and open to the general public for a fee. Recreation, Private, Noncommercial. “Private, noncommercial recreation” means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization. Recreation, Public. “Public recreation” means publicly owned or operated recreation facilities. “Religious institution” means an institution that people regularly attend to participate in or hold religious services and incidental religious education, but not including private schools as defined in this chapter. “Residence, single room occupancy (SRO)” means a rooming unit or efficiency living unit located in a building containing six or more such dwellings that are offered for occupancy by residential tenants for at least 30 consecutive days. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared. “Residential density” means the average number of families living on one acre of land in a given area. “Net residential density” is determined by dividing the total number of families in a defined area by the total acreage of all parcels of land within the area that are used for residential and accessory purposes. “Gross residential density” is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks and local shopping facilities into the total number of families in said area. Page 117 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda “Residential facility” means any family home, group care facility, or similar facility, licensed by the state of California, for 24-hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Salvage Yard. For “salvage yard,” see “junkyard.” “Satellite dish antenna” is a device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite. It may be a solid, open mesh or bar configured structure, typically eight to 12 feet in diameter, in the shape of a shallow dish or parabola. “School” means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. “Self-storage facility” is a structure(s) containing separated storage spaces of varying sizes, leased or rented on an individual basis, and may include recreational vehicles storage. “Senior housing development” means a residential project which may exce ed the maximum density permitted for families in the zones in which it is located, and which is established and maintained for the exclusive use of low- or moderate- income senior residents. Service Station. For “service station,” see “automobile service station.” Setback. For “setback,” see specific “yard” definitions. “Shoreline” means the boundary between land above and land below the “mean higher high water,” as defined by the latest U.S. Coast and Geodetic Survey. Stable, Private. “Private stable” means an accessory stable, corral or paddock used or designed to shelter horses belonging to the occupants of a dwelling, and where no horses are kept for hire or sale. Stable, Riding. “Riding stable” means any stable where horses are kept for hire. “Story” means that portion of a building included between the surface of any floor and the floor or ceiling next above it. Page 118 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 17 Story, First. “First story” means the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except, that any basement or cellar used for residential purposes shall be deemed the first story. Story, Half. “Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for one or more dwelling units shall be deemed a full story. Story, Mezzanine. “Mezzanine story” means a story which covers one-third or less of the area of the story directly underneath it. “Street” means a public right-of-way, more than 30 feet in width, which provides a public means of access to abutting property. The term “street” includes “avenue,” “drive,” “circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” or any other similar term. The term shall include the total width of the dedicated right- of-way. Street, Private. “Private street” means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites. “Structural alteration” means any change in the structural members of a building, such as walls, columns, beams or girders. “Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (Section 65582(g) of the State Government Code). “Target population” means persons with low incomes who have one or more disabilities as described in Section 65582(i) of the State Government Code. “Surface mining operations” means all, or part of, the process involved in the mining of minerals on mined lands, as defined in Chapter 19.69 CVMC, by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in-place distillation or retorting or Page 119 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). “Tideland” means lands between the “mean higher high water” and the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. “Townhouses” means attached or semi-attached buildings, each containing a single dwelling unit and each located or capable of being located on a separate lot. Trailer Camp, Trailer Park or Mobilehome Park. “Trailer camp, trailer park or mobilehome park” means any lot or part th ereof, or any parcel of land, which is used or offered as a location for two or more camp trailers or mobilehomes occupied as a residence. Trailers. 1. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at a campsite to provide temporary living quarters. 2. “Motorhome” means a vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, primarily designed to provide temporary living quarters. 3. “Camper (slide in)” means a portable unit, consisting of a roof, floor and sides designed to be loaded into and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters. 4. “Cargo trailer” means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, including a boat or livestock. 5. “Travel trailer” means a vehicular portable unit mounted on wheels of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and primarily designed and constructed to provide temporary living quarters. 6. “Mobilehome” means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units, and shall not include a recreational vehicle, commercial coach or factory-built housing. 7. “Commercial coach” means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or Page 120 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 19 commercial purposes, and shall not include mobilehomes. Such coaches shall bear the State Division of Housing’s insignia of approval as a commercial coach. “Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (Section 65582(j) of the State Government Code). “Underwater land” means land below the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. “Unified control” means the written consent or agreement of all property owners. Usable Open Space. For “usable open space,” see “open space, usable.” “Warehousing facility” means the use of a building primarily for the storage of goods of any type (e.g., cold storage) by one or two businesses and used for the sale or distribution of those goods to their direct customers (excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions). Typically, 200,000 square feet or less in size with a land coverage ratio of approximately 45 to 55 percent with dock- high and/or ground level loading doors on one side of the building only. “Warehousing, logistics and distribution facility” is one used for the storage and/or consolidation of manufactured goods (and, to a lesser extent, raw materials, and includes bulk storage of materials which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers are generally greater than 200,000 square feet in size, with a land coverage ratio of approximately 40 to 60 percent; have dock-high loading doors that also could be located on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including: 1. Freight yards/forwarding terminals. 2. Warehousing distribution/high cube distribution centers. 3. Moving agencies. 4. Parcel delivery terminals. Page 121 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 5. Railroad freight stations. 6. Shipping/receiving yards. 7. Truck terminals. “Warehousing sales, retail” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods both directly to the ultimate consumer and incidental wholesaling. Generally, sales tax is collected from the ultimate consumer. “Warehousing sales, wholesale” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies, and specifically excluding sales of goods directly to the ultimat e consumer. Generally, sales tax is not collected from businesses purchasing such goods. “Waterfront land” means any lot above the “mean higher high water” as defined by the U.S. Coast and Geodetic Survey having frontage directly upon the shoreline, as defined herein. Yard, Front. “Front yard” means an open space extending the full width of the lot measured between the building closest to the front lot line, which open space is between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. Yard, Front, Least Depth. “Front yard, least depth” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the front lot line. Yard, Front, Least Depth – How Measured. Such depth shall be measured from the front lot line; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City (“plan line procedure”) differs from that of the existing street, then the required front yard, least depth, shall be measured from the right-of-way line of such street as adopted; or said building shall comply with the official setback lines as adopted by the City. Yard, Rear. “Rear yard” means an open space between a building and the rear lot line, unoccupied and unobstructed from the ground upward and extending across the full width of the lot, except as specified elsewhere in this title. Page 122 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 21 Yard, Rear, Least Depth. “Rear yard, least depth” means the shortest distance, measured horizontally, between any part of a principal building, other than parts hereinafter excepted, and the rear lot line. Yard, Side. “Side yard” means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title. A side yard on the street side of a corner lot shall be known as an “exterior side yard.” Yard, Side, Least Width. “Side yard, least width” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the nearest side lot line. Yard, Side, Least Width – How Measured. Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City differs from that of the existing street, then the required side yard, least width, shall be measured from the right-of-way of such street as adopted; or said building shall comply with any applicable official setback lines. “Zone” means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. “Zoning map” means the zoning map or maps of Chula Vista, together with all amendments subsequently adopted. “Zoning permit” means a document issued by the Building Inspector authorizing buildings, structures or uses consistent with the terms of this title, and for the purpose of carrying out and enforcing its provisions. “Zoning wall or fence” means a wall or fence erected along the property line or zoning boundary to separate any commercial or industrial zones or uses from adjacent residential zones and a fence to separate multiple-family zones from single-family zones. 19.40.020 Permitted uses. Principal permitted uses in a C-T zone are as follows: A. Stores, shops and offices supplying commodities or performing services for residents of the City as a whole or the surrounding community, such as Page 123 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda department stores, banks, business offices and other financial institutions and personal service enterprises; B. New car dealers and accessory sale of used cars (see CVMC 19.40.030 for used car lots); electric vehicle (“EV”) service and sales; boat and equipment sales and rental establishments, subject to the provisions of CVMC 19.58.070; C. Hotels/motels, subject to the provisions of CVMC 19.58.210; D. Retail shops for the sale of auto parts and accessories, souvenirs, curios and other products, primarily to serve the traveling public; E. Restaurants and cocktail lounges (dance floors subject to the provisions of CVMC 19.58.115 and Chapter 5.26 CVMC); F. Animal hospitals and veterinary clinics, subject to the provisions of CVMC 19.58.050; G. Bakery and creamery establishments; H. Printing and publishing or lithographic shops; I. Commercial recreation facilities, such as swimming pools, bowling alleys, and skating rinks, subject to the provisions of CVMC 19.58.040; J. Plant nurseries; K. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish antennas in accordance with the provisions in CVMC 19.22.030(F)(1) through (9) and (11) through (13); L. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140; M. Agricultural uses as provided in CVMC 19.16.030; N. Sexually oriented businesses, subject to the provisions of CVMC 19.58.024; O. Used clothing sales; P. Knitting and weaving shops; Page 124 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 23 Q. Upholstery shops; R. Massage parlors, subject to the provisions of Chapter 5.36 CVMC. 19.44.020 Permitted uses. Permitted uses in an I-L zone are as follows: A. Manufacturing, printing, assembling, processing, repairing, bottling, or packaging of products from previously prepared materials, not including any prohibited use in this zone; B. Manufacturing of electrical and electronic instruments, devices and components; C. Wholesale businesses, storage and warehousing; D. Laboratories; research, experimental, film, electronic and testing; E. Truck, trailer, mobilehome, boat and farm implement sales establishments; F. Public and private building material sales yards, service yards, storage yards, and equipment rental; G. Minor auto repair; H. Laundries, laundry services, and dyeing and cleaning plants, except large- scale operations; I. Car washing establishments, subject to the provisions of CVMC 19.58.060; J. Electric Vehicle (“EV”) Service and Sales; K. Plumbing and heating shops; L. Exterminating services; M. Animal hospitals and veterinarians, subject to the provisions of CVMC 19.58.050; N. The manufacture of food products, drugs, pharmaceuticals and the like, excluding those in CVMC 19.44.050; Page 125 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda O. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140; P. Temporary tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.600(E)(2);* Q. Agricultural uses as provided in CVMC 19.16.030; R. Emergency shelters, limited subject to the provisions of CVMC 19.58.143. Section II. Changes to Scheduling Items for City Council Meetings. The Chula Vista Municipal Code is hereby amended as follows: Section 8.24.180 Payment of solid waste collection charges – Penalty for delinquency. Subsections A thru E remain unchanged. F. Lien Process for Solid Waste Services. 1. Hearing and Lien – Notice. When the full amount for said Solid Waste service charge is not paid within 15 days after the final notice of delinquency, the City Clerk may set said delinquent account for hearing by the City Council at a regular or adjourned meeting, which will be held at least seven calendar days after such 15- day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing at least 10 days in advance of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once at least 10 days in advance thereof in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing, in a conspicuous place at or near the entrance of the Council chambers in the City Hall. 2. Delinquent Accounts – Hearing and Assessment. The City Council shall consider said delinquent accounts at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the charges may present a written or oral protest or objection to the delinquency of said account or the amount owed thereon. At the conclusion of the hearing, the City Council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the City Council. The decision of the City Council on the charges and on all protests or objections shall be final and conclusive. The amounts so approved shall reflect the entire amount due, including all penalties, interest, and administrative fees that have accrued against the account as of the date of the hearing plus any county fees (for processing and collecting the Page 126 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 25 lien). The amount shall be charged to the property owner on the next regular tax bill and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause the same to be recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property. The City Council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. 3. Delinquent Accounts – Administrative Fee. All delinquent accounts that are not paid within 10 days after the final delinquency notice has been posted may be charged an administrative processing fee to offset the costs incurred by the City in administering the provisions of this chapter. The administrative processing fee (designated for administrative convenience only in the master fee schedule) shall be added to the amount that shall be charged to the property owner on the next regular tax bill under subsection (F)(2) of this section. The rest of the Subsections remain unchanged. Section 12.40.060 Appeal – Decision authority. Upon receipt of such appeal, the City Clerk shall take no longer than 30 calendar days to place the matter upon the agenda of a scheduled meeting of the City Council. The meeting date shall also be no more than 60 calendar days from the application’s filing date. The decision of the City Council shall be final. Section 13.14.150 Payment of sewer service and pump station charges – Penalty for delinquency – Discontinuance of service – When – Unlawful connection – Backbilling and penalty. Subsections A thru E remain unchanged. F. Notice of Delinquency – Hearing and Lien. When the full amount for said sewer service charge is not paid within 60 days after the final date of payment, the City Clerk shall set said delinquent account for hearing by the City Council at a regular or adjourned meeting which will be held at least seven calendar days after such 60-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once, at least 10 days in advance thereof, in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing in a conspicuous place at or near the entrance of the Council Chambers in the City Hall. Page 127 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda The rest of the Subsections remain unchanged. Section 15.50.040 Request for reimbursement agreement. Whenever a developer is required to install or replace such public improvements or whenever the City may have participated in the costs of such improvements which either the developer or the City feels will be of benefit to property other than his own, whi ch properties are not subject to an assessment for such costs under a public improvement proceeding, the developer or the City may request that the City Council form a reimbursement district. The request shall be in writing and filed with the City Clerk who shall place it on the agenda of the next meeting of the City Council. Section 18.16.170 Approval – Prerequisites – Notice. Pursuant to Government Code 66458(d) the City Engineer shall notify Council at its next meeting after the City Engineer receives an approvable final map package that the final map is being reviewed for final approval. The City Clerk shall notice any final maps under final review on the City Council agenda and shall notify any interested parties who have requested notice. Section 19.14.588 Design review – Appeal procedure. A. An interested party may file an appeal from the decision of the Zoning Administrator to the Planning Commission within 10 business days after the decision is made. The appeal shall be in writing and filed with the Development Services Department on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Zoning Administrator. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the Planning Commission shall be final. B. An interested party may file an appeal from the decision of the Planning Commission to the City Council within 10 business days after the decision is made. The appeal shall be in writing and filed with the City Clerk on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the City Clerk shall take no longer than 30 calendar days to set the matter for public hearing at a scheduled City Council meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing Page 128 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 27 date. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission or Zoning Administrator for minor projects. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the City Council shall be final. Section 19.52.040 Procedures following Planning Commission decision – Appeals. A. After decision by the Planning Commission, copies thereof shall be mailed to the applicant and to any party filing a written notice therefor with the secretary of the Commission or the Director of Planning and Building, and the application and any supporting documents, together with the written decision of the Planning Commission, shall be forwarded to the City Clerk, who shall cause same to be placed upon the agenda of a meeting of the City Council within 15 days after receipt thereof. B. If the applicant or any other interested party is dissatisfied with the decision of the Planning Commission, such person may file a notice of appeal within 10 days from the date such notification of the Planning Commission’s decision was mailed to the applicant. Such notice of appeal shall be filed with the City Clerk. Such appeal shall be in writing and shall state wherein the appellant feels the Planning Commission’s decision was in error, and his reasons therefor. Section III. Revision to Accessory Dwelling Unit Size Standards. The Chula Vista Municipal Code is hereby amended as follows: 19.58.022 Accessory dwelling units. Subsections A and B remain unchanged. C. Accessory dwelling units shall be subject to the following requirements and development standards: 1. Zones. Accessory dwelling units can be created in areas zoned to allow single- family or multifamily dwelling residential use. A coastal development permit may be required for accessory dwelling units within the coastal zone. Construction of a primary residence can be in conjunction with the construction of an accessory dwelling unit. Page 129 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2. Number of Accessory Dwelling Units Permitted. a. An accessory dwelling unit is permitted on a lot with a proposed or existing single-family dwelling unit. b. A minimum of one accessory dwelling unit, or up to 25 percent of the existing multifamily units, is permitted within an existing multifamily dwelling, as a result of the conversion of nonhabitable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; or c. Up to two detached accessory dwelling units shall be permitted on a lot with an existing multifamily dwelling. 3. Unit Size. Accessory dwelling units shall conform to the following size requirements: a. The total floor area for an attached accessory dwelling unit shall not exceed 850 square feet for a one-bedroom unit and 1,000 square feet for a unit with more than one bedroom. b. An accessory dwelling unit of at least 800 square feet shall be permitted regardless of floor area ratio, lot coverage or open space requirements of the underlying zone. c. The total floor area for a detached accessory dwelling shall not exceed 1,200 square feet. d. An accessory dwelling unit within an existing accessory structure may be increased by a maximum of 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress. 4. Unit Location. Accessory dwelling units may be attached to or located within a proposed or existing primary residence or accessory structure (including attached garages, storage areas or similar structures). Accessory dwelling units may be detached from the primary residence. 5. Height. An accessory dwelling unit, as measured from the ground, shall not exceed the height limit for the primary residence in accordance with the underlying zone, or 16 feet, whichever is greater. However, a taller unit can be built based on the following exceptions: a. Detached. Page 130 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 29 i. Up to 18 feet on a lot with an existing or proposed single-family or multifamily dwelling if it is located within a half-mile of transit or high-quality transit corridor. The maximum can also be increased to 20 feet only if it is necessary to match the roof pitch of the ADU to that of the main house. ii. Up to 18 feet on a lot with an existing or proposed multi-story multifamily dwelling, regardless of proximity to public transit. b. Attached. Up to 25 feet high for either a primary single-family or multifamily dwelling, or as high as the underlying zoning designation allows, whichever is lower. The ADU shall also be no greater than two stories. 6. Development Standard Exceptions. Accessory dwelling units shall conform to the underlying zoning and land use development requirements for primary residences with the following exceptions: a. A new attached or detached accessory dwelling unit is allowed a setback of no less than four feet from the side and rear lot lines. In addition, an encroachment into the front yard setback is also allowed only if it is necessary to construct a minimum 800-square-foot unit. b. A new detached accessory dwelling unit shall be located a minimum of six feet from a primary residence. c. No setback shall be required for an existing garage, living area, or accessory structure constructed in the same dimensions that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no less than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above an accessory structure. d. Correction of nonconforming zoning conditions and/or building code violations shall not be a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit. 7. Parking. Parking for an accessory dwelling unit is not required in any of the following instances: a. The accessory dwelling unit is located within one-half mile walking distance of public transit. b. The accessory dwelling unit is within an architecturally and historically significant historic district. Page 131 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda c. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. d. The accessory dwelling unit is in an area where on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit. e. The accessory dwelling unit is located within one block of a car share area. f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection. 8. Accessory dwelling units not meeting any of the above requirements shall be subject to the following access and parking regulations: a. Parking. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. Parking spaces may be provided in tandem on a driveway; provided, that access to the garage for the primary residence is not obstructed. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. b. The required parking space(s) shall be on the same lot as the accessory dwelling unit. This parking is in addition to the parking requirements for the primary residence as specified in CVMC 19.62.170. c. Notwithstanding CVMC 19.62.190, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory dwelling unit that was previously used by the primary residence, replacement parking is not required. If the existing driveway is no longer necessary for access to the converted garage or other required parking, said driveway may be used to satisfy the required parking for the accessory dwelling unit when not exempt from subsection (C)(7) of this section. d. Access to all required parking shall be from a public street, alley or a recorded access easement. Access from a designated utility easement or similar condition shall not be permitted. For any lot proposing an accessory dwelling unit and served by a panhandle or easement access, the access must be a minimum of 20 feet in width. Page 132 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 31 e. Curb cuts providing access from the public right -of-way to on-site parking spaces shall be acceptable to the City Engineer. A construction permit from the City Engineer shall be obtained for any new or widened curb cuts. f. Required parking spaces or required maneuvering area shall be free of any utility poles, support wires, guard rails, standpipes or meters, and be in compliance with CVMC 19.62.150. g. When a required parking space abuts a fence or wall on either side, the space shall be a minimum of 10 feet wide. If this area also serves as the pedestrian access from an accessory dwelling unit to the street, the paving shall be a minimum 12 feet wide. 9. Utilities. An accessory dwelling unit may be served by the same water and sewer lateral connections that serve the primary residence. A separate electric meter and address may be provided for the accessory dwelling unit. 10. Design Standards. Dwelling units on the lot should be complementary or compatible in appearance with each other by incorporating matching architectural design, building materials, and colors of the primary residence with the accessory dwelling unit, and any other accessory structure built concurrently with the accessory dwelling unit. However, the primary residence may be modified to match the new accessory dwelling unit. 11. Designated Historical Sites. An accessory dwelling unit may be allowed on designated or historical sites, provided the location and design of the accessory dwelling unit meets corresponding historical preservation requirements in place at the time the accessory dwelling unit is built, and complies with the requirements of this section including the following: a. The accessory dwelling unit shall be located behind a primary residence that is determined to be a historic resource. b. The construction of the accessory dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables, or other similar structures. c. The accessory dwelling unit shall be designed to have a distinguishable architectural style and finished materials composition from the historic primary residence or structure. Page 133 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda d. Construction of an accessory dwelling unit shall not result in demolition, alteration or movement of any historic structures and any other on-site features that convey the historic significance of the structure and site. e. If an historic house/site is under a Mills Act contract with the City, the contract shall be amended to authorize the introduction of the accessory dwelling unit on the site. 12. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. 13. An application for an accessory dwelling unit that is deemed complete by the City shall be considered and approved ministerially and without a hearing within 60 days if there is an existing single-family or multifamily dwelling on the lot. If the application is submitted with an application to create a new single-family dwelling on the lot, the application for the accessory dwelling unit shall be considered and approved within 60 days of approval of the new single-family dwelling. If an ADU application is denied, a full set of comments, listing the specific items that are defective or deficient, shall be provided to the applicant. These comments must also describe how the application can be remedied by the applicant. 14. A demolition permit for a detached garage that is to be replaced with an ADU must be reviewed with the ADU application and issued at the same time. 15. Accessory dwelling units that are applied for after the effective date of the ordinance codified in this section cannot be rented for less than 30 days. 16. Accessory dwelling units are exempt from the requirements of CVMC 12.24.030, Dedications – Required. 17. An application for an accessory dwelling unit on a private sewage disposal system shall require approval by the local health officer. Section IV. Addition of Coastal Development Permit Findings for Approval. The Chula Vista Municipal Code is hereby amended as follows: 19.83.015 Finality of City action. A local decision on an application for a development shall be deemed final when (A) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified LCP, and that the required conditions of approval adequate to carry out the Page 134 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 33 certified LCP as required in the implementing ordinances have been imposed, and (B) all rights of appeal have been exhausted as defined in CVMC 19.83.019. A decision to approve a coastal development permit must be based upon the following written findings: 1. The proposed project is consistent with the certified Local Coastal Program of the City of Chula Vista. 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) and that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et seq. of the Coastal Act. Section V. Change of Permitting Authority to the Development Services Department in Certain Instances Within Title 12 (Streets and Sidewalks). The Chula Vista Municipal Code is hereby amended as follows: Section 12.08.010 Overweight vehicles – Permit required. No person shall move or operate upon any of the City streets any vehicle with a load or loads in excess of those permitted by the Vehicle Code without a written permit from the City Engineer or designee. Section 12.08.020 Overweight vehicles – Conditions for granting permit. The City Engineer or designee may, by written permit, authorize a load or loads in excess of those allowed in the Vehicle Code if, in his judgment, the streets upon which such vehicle is to be operated can safely withstand the additional weight and if the applicant will guarantee to the City that all costs of repair to the streets or to the public property of the City damaged by the movement of such load or loads will be paid in full. Such permit will be granted upon such conditions and upon the deposit of such bond as the City Engineer or designee may require. Section 12.08.030 Overweight vehicles – Permit recordkeeping required. Upon the issuance of a permit as authorized in this section, the City Engineer or designee shall cause to be filed with the Chief of Police a copy thereof, describing the vehicle or vehicles covered by such permit, the load or loads, the time during which such permit will be in effect, and the streets or routes to be used. Page 135 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Section 12.40.010 Statutory regulations applicable – Public hearing procedure – Investigation. In order to comply with the State Planning Act, the Street Vacation Act of 1941, and the Public Service Easement Vacation Law of the state, it is necessary to hold a public hearing prior to the vacation of any dedicated street or easement within the City. As a preliminary to said hearings, the City Engineer, in collaboration with the Director of Development Services and the Director of Public Works, shall conduct reasonable investigations to ascertain whether or not the public interest would be served by closing or vacating a specific street or portion thereof, or by the vacating of a specific easement in said City. It is the purpose and intent of the City Council to establish fees which shall be paid by the petitioner upon the filing of a request for the processing of an application for such street or easement vacations, in order to reimburse the City for expenses incurred. Section VI. Revisions to R-3 (Apartment-Residential) Zoning Designation Regarding Density. The Chula Vista Municipal Code is hereby amended as follows: 19.28.010 Purpose. The purpose of the R-3 zone is to provide appropriate locations where apartment house neighborhoods of varying degrees of density may be established, maintained, and protected. The regulations of this district are designed to promote and encourage an intensively developed residential environment, with appropriate environmental amenities such as open areas, landscaping and off-street parking. To this end, the regulations permit, multiple dwellings ranging from garden apartments to multi-story apartment houses, and necessary public services and activities subject to proper controls. Also permitted, subject to special control, are certain retail and service activities intended for the convenience and service of the residents of the district. 19.28.070 Area, lot width and yard requirements. A. The following minimum area, lot width and yard requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.080, and as modified for conditional uses. The minimum requirements shall be designated on the zoning map. Setbacks in Feet District Classification Building Site (sq. ft.) Site Width (ft.) Area per Dwelling (sq. ft.) Front (3) Exterior Side Yard One Interior Side Yard Both Interior Side Yards Rear R-3 7,000 65 1,350(4) 15(1) 10(1) 5(2) 10(2) 15(2) R-3-M 7,000 65 2,000(4) 15(1) 10(1) 5(2) 10(2) 15(2) R-3-T 2,000 22 2,000 15(1) 10(1) 0 0 20 Page 136 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 35 Setbacks in Feet District Classification Building Site (sq. ft.) Site Width (ft.) Area per Dwelling (sq. ft.) Front (3) Exterior Side Yard One Interior Side Yard Both Interior Side Yards Rear R-3-G 7,000 65 2,500 15(1) 10(1) 5(2) 10(2) 15(2) R-3-H 10,000 80 800 15(1) 10(1) 20(2) 50(2) 20(2) R-3-L 7,000 65 3,500 15(1) 10(1) 5(2) 10(2) 15(2) The following are exceptions to the above chart: 1. Front yards: The front setback shall not be less than that specified on the building line map. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district. 2. Side and rear yards: Side and rear yard requirements shall be increased an additional two feet for 25-foot-high structures (this dimension shall include the roof), and shall be increased at the rate of two feet for each story above 25 feet. Exception: When adjacent to an R-1, R-E or R-2 zone, the side yard setback shall be increased to 15 feet for any structure over one story or 15 feet in height, with an additional two-foot setback required for each story above 25 feet in height. In those cases where the rear yard abuts an R-3, commercial or industrial zone, the Planning Commission may grant up to a 10-foot reduction in the rear yard setback; provided, it is found that the affected open space has been transferred to a more beneficial location on the lot. 3. A front yard of 25 feet shall be required for all parcels fronting upon streets designated as major or secondary thoroughfares on the adopted Chula Vista General Plan; provided, however, that private patios and one-story portions of main buildings not exceeding 15 feet in height shall be permitted within said required front yard exclusive of the front 15 feet of said required front yard which shall be reserved for screening materials and landscaping. Said required front yard setback shall be increased an additional five feet for each story in excess of three stories. B. In the R-3, R-3-M, R-3-T, R-3-G, and R-3-L zones, coverage shall not exceed 50 percent of the area of the site. In the R-3-H zone, coverage shall not exceed 25 percent of the site. Section VII. Addition of Findings for Approval for a Design Review Permit. The Chula Vista Municipal Code is hereby amended as follows: Page 137 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 19.14.593 Findings for Approval - Design Review. A. The proposed Project is consistent with the City of Chula Vista’s General Plan, Title 19 of the Municipal Code, Sectional Planning Area, Specific Plan, etc. B. The proposed Project is consistent with the design requirements and recommendations contained in the City of Chula Vista’s Design Manual. C. The project would not adversely affect the health, safety, or general welfare of the community. Section VIII. Revisions to Applicability of a Design Review Permit. The Chula Vista Municipal Code is hereby amended as follows: 19.14.582 Design review approval. A. Plans for the establishment or expansion of (1) multifamily buildings in all multifamily residential zones, and (2) nonresidential buildings in all commercial and industrial zones, shall require design review. Patio covers, shade structures, awnings, and other similar architectural features within these same zones shall not require design review. B. The Zoning Administrator has the discretion, with the concurrence of the applicant, to act in the place of the Planning Commission in the case of minor projects, including new construction or building additions to commercial, industrial, or institutional projects with a total floor area of 100,000 square feet or less, and residential projects of 200 units or less. Generally, the Zoning Administrator and/or Planning Commission shall base its findings and actions upon the provisions within Section, and the affected design manuals of the City. Section IX. Revisions to Standards for SB9 Two-Unit Developments and Urban Lot Split Parcel Maps. The Chula Vista Municipal Code is hereby amended as follows: 19.58.450 Two-unit residential developments and urban lot split parcel maps in single-family zones. Subsections A thru C remains unchanged. D. Development Standards for Two-Unit Residential Development in Single-Family Zones. Two-unit residential developments in single-family zones shall be subject to the following requirements and objective development standards: 1. Number and Size of Units. Page 138 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 37 a. If a parcel includes an existing single-family home, one additional unit may be developed pursuant to this section. b. If a parcel does not include an existing single-family home, or if an existing single-family home is proposed to be demolished in connection with the creation of a two-unit residential development, two units may be developed pursuant to this section. c. No more than four units, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units, may exist on a single- zoned residential parcel. 2. Parking. Off-street parking of up to one space per unit is required, except in either of the following instances: a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. b. There is a car share vehicle located within one block of the parcel. 3. Setbacks. a. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. b. For all other dwelling units proposed in connection with a two -unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines. c. Units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance. 4. Design. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit(s) shall utilize the same exterior materials and colors as the existing dwelling unit to the extent practical. 5. Accessory Dwelling Unit Development Exemptions. If an applicant for a dwelling unit developed under CVMC 19.58.022, Accessory dwelling units, seeks to convert the dwelling unit to a two-unit development pursuant to this section, any and all development exemptions granted to the dwelling unit Page 139 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda pursuant to CVMC 19.58.022(C)(9) and (C)(13) shall be null and void subject to the final decision of the Director of Development Services. 6. Short-Term Rental Prohibition. Dwelling units created pursuant to this section shall have rental terms of 30 days or longer and shall not be considered eligible for Short-Term Rental pursuant to CVMC 5.68.050. E. Urban Lot Split Parcel Map in Single-Family Zones. A proposed parcel map for an urban lot split within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed parcel map meets all of the following requirements: 1. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. 2. Both newly created parcels are no smaller than 1,200 square feet. 3. The parcel being subdivided meets all the following requirements: a. The parcel is located within a single-family residential zone as defined in Chapter 19.22 CVMC, R-E – Residential Estates Zone, and Chapter 19.24 CVMC, R-1 – Single-Family Residence Zone. b. The parcel subject to the proposed urban lot split complies with all provisions of subsections (C) and (D) of this section. c. The parcel has not been established through prior exercise of an urban lot split as provided for in this section. d. Neither the owner of the parcel being subdivided, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. e. The parcel conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), except as otherwise expressly provided in this section. 4. Any parcel created by this section shall be used for residential purposes only. 5. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Director of Development Services Department, or their designee. Page 140 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 39 6. No more than four total units are allowed on an approved Urban Lot Split Parcel Map, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units. This can either mean two units on each parcel, or, one unit on one parcel and three units on the other parcel. 7. Units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in subsection (D)(3) of this section. 8. Parking spaces for new units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be provided in accordance with subsection (D)(2) of this section. 9. Prior to the issuance of a building permit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees. The covenant shall notify future owners of the approved size and attributes of the units, and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two total units may be permitted on any single parcel created using the Urban Lot Split Parcel Map procedures. If an Urban Lot Split Parcel Map was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel. 10. The Urban Lot Split Subdivision shall comply with all requirements of CVMC Title 18, Subdivisions, and the California Subdivision Map Act except as expressly modified by this chapter. 11. An applicant for an Urban Lot Split Parcel Map shall sign an affidavit, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees, stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split Parcel Map. This subdivision shall not apply to an applicant that is a “community land trust,” as defined in Section 402.1(a)(11)(C)(ii) of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. 12. Notwithstanding Section 66411.1 of the Government Code, the City shall not impose regulations that require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. Page 141 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 13. Preliminary Title Report. There shall be filed with each Urban Lot Split Parcel Map a current preliminary title report of the property being subdivided or altered. 14. Additional Subdivisions Prohibited. No further subdivision of parcels created using the Urban Lot Split Parcel Map or Urban Lot Split Subdivision procedures of this chapter shall be permitted. 15. The parcels created by this section shall have access to, provide access to, or adjoin the public right-of-way. The rest of this Section remains unchanged. Section X. Revisions to the Reconstruction of Nonresidential, Legal Non- Conforming Structures. The Chula Vista Municipal Code is hereby amended as follows: 19.64.160 Previously conforming structure – Replacement – Nonresidential. A. A previously conforming nonresidential structure, whether to be replaced by the exact same structure and/or use, or, incurred damage by fire, explosion, wind, earthquake, war, riot, or other calamity or act of God, may be reconstructed subject to the conditions in CVMC 19.64.170. 1. Notwithstanding subsection (A) of this section, reconstruction shall not be permitted in the City right-of-way. Section XI. Revisions to Processing Procedures for Planned Sign Programs (PSPs). The Chula Vista Municipal Code is hereby amended as follows: 19.60.050 Standard provisions. Subsections A thru I remain unchanged. J. Sign Programs. Sign programs, voluntarily proposed for specific developments, as well as special sign districts or special sign overlay zone, when approved by the Zoning Administrator may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other noncommunicative aspects of signs, but may not override or modify any of these standard provisions. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. Section XII. Revisions to Home Occupation Permit Standards. The Chula Vista Municipal Code is hereby amended as follows: Page 142 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 41 19.14.490 Home occupations – Permit required when – Restrictions and requirements – Revocation when – Appeals. In any R zone, a customary home occupation may be permitted subject to a home occupation permit granted by the Development Services Department which is merely incidental and secondary to residence use. Each such permit shall be accompanied by the required filing fee(s). The following are typical home occupations: fine arts, handicrafts, dressmaking, millinery, laundering, preserving, home cooking, route salesman; or office of a doctor, dentist, lawyer, architect, engineer, teacher or member of another recognized profession. In approving a home occupation permit, the Development Services Department must find that the use can be conducted safely, will not have an adverse effect on the neighborhood or other adjacent uses, and can reasonably be expected to conform to the following restrictions: A. No use shall create or cause noise, dust, vibration, smell, glare or electrical interference or other hazards or nuisances. B. No employees other than residents of the dwelling shall be allowed in connection with a home occupation. (Babysitters or domestic servants are not considered employees of a home occupation.) C. There shall be no clients or customers on the premises at any time, except where the Development Services Department determines that limited customer traffic may be warranted due to the nature of the business. D. If a home occupation is to be conducted on rental property, the property owner's authorization for the proposed use shall be obtained prior to the issuance of a home occupation permit. E. Where the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored and sold directly to customers at an off- premises location. F. There shall be no use of material or mechanical equipment not recognized as being part of a normal household or hobby use. G. No vehicle larger than a one-ton, four-wheel truck may be used in connection with a home occupation. H. Activities conducted, and equipment or material used, shall not change the fire safety or occupancy classifications of the premises nor use utilities in amounts greater than normally provided for residential use. Page 143 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda I. There shall be no direct (in-person) sale of products or services on the premises. J. The use shall not involve the special use of commercial vehicles for delivery to or from the premises. K. There shall be no storage of material and/or supplies, indoor or outdoor for purposes other than those permitted in the residential zone. L. The home occupation shall not be identified by a sign. M. A structure or space outside of the main building or an accessory structure, including the garage, may be used for home occupation purposes. Whenever a garage is used, the home occupation shall not reduce the required parking area as established in Section 19.62.050. N. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which causes the premises to differ from its residential character either by use of colors, materials or construction, lighting, signs, sounds or noises, vibrations, or similar distinctive workings. O. The Development Services Department may impose such conditions on the issuance of the permit as are necessary to ensure that the use will have no adverse effect on the neighborhood, and it shall be unlawful for a home occupation to be carried on in violation of such conditions or so as not to conform with the requirements of this Section. A home occupation permit shall be revoked by the Director of Development Services upon violation of any requirement of this chapter, or of any condition or limitation of any permit issued, unless such violation is corrected within 15 days of notice of such violation, and any such permit may be revoked for repeated violation of the requirements of this section or of the conditions of such permit. In the event of denial of any permit, or the revocation thereof, or of objection to the limitations placed thereon, an interested party may then appeal the determination within 10 business days to the Planning Commission by filing a written statement with the Development Services Department, stating the reasons for appeal. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than 30 calendar days to set the matter for public hearing in front of the Planning Commission. The meeting date shall also be no more than 60 calendar days from the application’s filing date. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Director of Development Services. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the Page 144 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 43 provisions of the design review manual. The decision of the Planning Commission shall be final. Section XIII. Addition of Storage Standards for Recreational Vehicles. The Chula Vista Municipal Code is hereby amended as follows: 19.58.400 Recreational vehicle storage yards. 1. An application to establish a recreational vehicle (RV) storage yard (storage area for motorhomes, camping trailers, boats and other recreation equipment) shall address the following issues: (1) height limit for stored items, (2) screening (landscaping and fencing), (3) surfacing, (4) access to the site, (5) office facilities, (6) customer parking, (7) lighting, (8) hours of operation, (9) security, (10) signing, (11) surrounding land uses and structures. The application shall also be accompanied by a comprehensive list of items which would be eligible for storage. Any subsequent additions to the list shall be subject to the approval of the Director of Development Services, or designee. The approval of an RV storage yard granted by the Planning Commission to represent an interim use of land based upon zoning, development patterns, and/or pending plans in the area shall be subject to a review and report filed each year by the owner with the Development Services Department. Failure to file the report or abide by the conditions of approval shall cause the matter to be set for a rehearing before the Planning Commission to consider revocation of the permit or other appropriate corrective action. Permits for interim RV storage yards shall be granted for a maximum period of five years with extensions subject to rehearing before the Planning Commission. 2. Recreational vehicles, specifically motorhomes and camping trailers, parked on a residentially-zoned property (R districts) or a property with a residential use, shall not be used as a dwelling, permanent or temporary. i. No more than a total of two (2) motorhomes or camping trailers shall be parked at any time on a residentially-zoned property (R districts) or a property with a residential use. Section XIV. Addition of Section Pertaining to Processing Modifications of Previously-Approved Discretionary Permits (Substantial Conformance Review). The Chula Vista Municipal Code is hereby amended as follows: Section 19.14.860. Substantial Conformance Review. A. The Zoning Administrator may approve minor changes to a previously-approved discretionary permit at the administrative level (and without a public hearing) if the proposed changes are in substantial conformance with the existing permit and Page 145 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda would not require any additional environmental analysis. Such proposed changes shall not significantly affect the design, intensity or intent of the approved project or reduce any requirement intended to mitigate an environmental effect, alter any public improvement or facility or conditions for which other properties or developments may rely, nor have an adverse effect upon public health, safety, or welfare. B. Application Submittal. Applications for substantial conformance review shall be filed with the Development Services Department on a form prescribed by the Director of Development Services, and, accompanied by fees as set forth within the City’s Master Fee Schedule. C. A substantial conformance determination may include: 1. Structural additions to non-residential projects of no greater than ten (10) percent of the total floor area. 2. Structural additions or alterations to existing residential projects that add no additional units. 3. Changes to parking and circulation configurations which do not change the basic parking areas or circulation concept or reduce the number of parking spaces. 4. Landscape modifications which do not alter the general concept or reduce the effective amount of landscaping. 5. Architectural or exterior material or color changes which do not change the basic form and theme of an existing building, do not change the location of windows or doors, or conflict with the original architectural form and theme of an existing building. 6. Other requests similar to the above-listed changes, as determined by the Zoning Administrator. D. Approval. No official notice of decision is required for determinations of substantial conformance. The approval period shall be valid until the expiration of the original permit, unless an extension of time has been granted. Section XV. Addition of Regulations Pertaining to Temporary and Permanent Storage Containers. The Chula Vista Municipal Code is hereby amended as follows: 19.58.445 – Portable Storage and Shipping Containers A. Purpose and Scope. The purpose of this chapter is to establish minimum development standards for the placement and maintenance of portable shipping and storage containers within the City in order to maintain the aesthetic appearance of Page 146 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 45 the city, preserve property values, and protect the public health, safety and welfare. These standards are in addition to Federal, State, and local laws and regulations. Wherever there is a conflict between this chapter and other laws or regulations, the more restrictive standard shall apply. B. Definitions. For the purposes of this Section, the following definitions shall apply: 1) “Portable storage container” means a container typically no larger than eight feet by eight and one-half feet by sixteen (16) feet, and, transported to a designated location for temporary storage purposes. Examples include, but are not limited to, Portable On Demand Storage (“PODS”) and U-Haul “U- Box” containers. 2) “Shipping container” means an industrial, portable vessel typically not greater than forty (40) feet in length, intended for the large-scale shipping or transportation of goods or commodities, and generally designed to be mounted on a rail car, truck, or ship. C. Allowed uses. The use of portable storage containers and shipping containers shall comply with the regulations applicable to the zoning district in which they are used. Failure to abide by these regulations shall be subject to fine and nuisance abatement pursuant to Chapter 1.30. 1) Residential Districts (R districts). a. Shipping containers shall not be allowed in any residential zoning district, except in conjunction with active construction permit. b. Portable storage containers shall be permitted in any residential zoning district if only confined solely within an existing driveway, or, within the public right-of-way with an approved temporary encroachment permit. 2) Commercial Districts (C districts). a. Shipping containers shall be permitted as an accessory use in the C-T and C-C zones, subject to the standards set forth in this Section. b. Portable storage containers shall be permitted in any commercial zoning district, including the C-T and C-C zones, subject to the standards set forth in this Section. 3) Industrial Districts (I zones). Page 147 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda a. Within the I-L and I zones, shipping containers shall be permitted by right as either an accessory use, or, a principal use with an approved Design Review Permit, subject to the standards set forth in this Section. 4) Other Districts Not Specified. Shipping containers and portable storage containers are prohibited unless expressly allowed. E. Vacant Properties. Shipping containers and portable storage containers shall not be allowed on otherwise vacant parcels in any zoning district except when used in conjunction with construction executed in compliance with an approved construction permit from the City, placed on the same parcel as the construction, and subject to standards set forth in this Section. F. Notwithstanding any other provision of this chapter, shipping containers and portable storage containers used by the city for a municipal purpose shall not be subject to the standards of this chapter. Such shipping containers and portable storage containers should be located and appropriately screened to minimize visual impacts on the community. G. Existing shipping containers that are placed on municipal properties with the express permission of the underlying land owner(s) as of the effective date of this chapter shall be considered a legal nonconforming use and allowed; provided, however, owners of such a container shall screen the container from the public right-of-way as best as possible. Examples include decorative fencing or landscaping, painting a mural on the container, or relocating the container. H. Development Standards – Portable Storage Containers. Use of portable storage containers shall be subject to the following limitations and approval of a temporary use permit from the city. 1) Frequency. No more than one portable storage container shall be placed on a single lot or parcel of land within a residential zone. 2) Location. Portable storage containers shall be placed on private property, and not within the public right-of-way. If the subject property does not have a driveway, a portable storage container may be placed in the public right- of-way with an approved temporary encroachment permit. 3) Duration. Portable storage containers placed on private property shall not remain longer than thirty (30) consecutive calendar days. Portable storage containers placed within the public right-of-way with an approved temporary encroachment permit shall not remain longer than fourteen (14) consecutive calendar days. Under no circumstances may a portable storage container be allowed on the same lot or parcel for more than ninety (90) total days in a calendar year. Page 148 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 47 4) Use. Portable storage containers shall only be used for the storage of goods, materials, equipment, or property. Portable storage containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Non-storage use of portable storage containers is not allowed. 5) Permittee Responsibilities. The permitee shall be responsible for ensuring that the portable storage container is removed in a safe manner and that no debris or materials remain on or around the portable storage container site. I. Development standards—Shipping containers. Use of shipping containers shall be subject to the following limitations. 1) General Standards. a. Use. Shipping containers shall only be used for the storage of goods, materials, equipment, or property associated with the principal use of the parcel on which the container is located. Shipping containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Non-storage use of shipping containers as a principal use within an industrial zone may be allowed if approved pursuant to this Section. b. Maximum Height. If not stacked, shipping containers shall not exceed nine (9) feet in height. Stacked shipping containers shall not be more than two containers high, or a maximum of twenty (20) feet, and placed on a surface that can withstand its weight. c. Location. Shipping containers shall be placed on the parcel and proximate to other structures on the parcel pursuant to fire code regulations and this Code, including setbacks from property lines and other location requirements for accessory structures. The Zoning Administrator shall review and approve any changes to setbacks if the applicant can establish that such use will not be detrimental to the community welfare or safety of the property and surrounding uses. d. Signage. No advertising is allowed on or otherwise in conjunction with a shipping container. The exception to this is if the manufacturer’s name is printed on the container. e. Exterior Façade. Shipping containers shall not display signage beyond that required by law and shall be kept free of graffiti. Any graffiti shall be removed within seven calendar days of discovery. Page 149 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2) Commercial Districts. a. Frequency. A maximum of two containers on a single lot or parcel of land. Stacking is prohibited. b. Buffer from Residential Districts. Shipping containers shall not be located within three hundred (300) feet of an existing residential district. c. Screening. Shipping containers shall be fully screened from public view. Screening may include, but is not limited to, walls or solid fencing, or fast-growing landscaping. 3) Industrial Districts. a. Frequency. i. Principal Use. Where the principal use of the parcel is a business that sells, leases, or places shipping containers at locations and does not provide on-site storage of goods or commodities as a service there is no frequency limit, provided the shipping containers meet the standards set forth in this Section. Stacking is permitted with height not to exceed twenty (20) feet. b. Accessory Use. i. A shipping container shall not be allowed as an accessory use on a single lot or parcel that is less than one acre. ii. No more than fifteen (15) shipping containers shall be allowed as an accessory use on a single lot or parcel that is greater than one acre. Stacking is permitted with height not to exceed twenty-five (25) feet. iii. A parcel may contain more shipping containers than permitted by obtaining a conditional use permit, and approval by the Planning Commission, who, when approving such permit, shall make the following findings: A. The shipping containers shall not pose a threat to the public health, safety, or welfare due to their placement, frequency, or condition. B. The shipping containers shall be placed in accordance with fire and building code standards. Page 150 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 49 C. The shipping containers are, and shall remain, in good repair such that no container, due to its structural condition, contents, immediate surroundings, or other condition, contributes to visual blight or nuisance conditions. D. The applicant shall reduce any potential for visual blight or nuisance conditions and shall implement and maintain those improvements at all times. Such improvements may include any enhancements deemed acceptable and appropriate by the City. iii. Setbacks. Stacked shipping containers shall be placed at least one hundred and fifty (150) feet from any public right-of-way. Non- stacked shipping containers shall be placed at least one hundred (100) feet from any public right-of-way. iv. Buffer from Residential Districts. Shipping containers shall not be placed within five hundred (500) feet of any residential district. J. Temporary use of shipping containers. Shipping containers shall be allowed in all zones on a temporary basis subject when utilized during construction operations for the parcel, pursuant to an approved construction permit, and, when utilized solely for the storage of supplies and equipment used for such construction operations. Removal of the container shall occur either upon occupancy of the building or expiration of the construction permit, whichever occurs first. K. Nonconforming uses—Portable storage and shipping containers. 1) Unless otherwise provided by this chapter, all illegal, nonconforming uses of shipping containers and portable storage containers within the city as of the date of the adoption of this chapter are prohibited and may be subject to citation, fine, or abatement pursuant to Chapter 1.30, or other civil or criminal penalties. 2) A shipping container constructed or placed prior to the date of adoption of this chapter shall be allowed to continue provided that the shipping container meets the following conditions: a. The shipping container is on a parcel in an industrial zone. b. The shipping container, nor use of the container, is not modified, increased, enlarged, or extended beyond that in existence on the date of adoption of this chapter. Section XVI. Addition of Section Regarding Development Project Compliance with Page 151 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Trash Hauling Design Standards. The Chula Vista Municipal Code is hereby amended as follows: 19.58.500 Trash Hauling Requirements for New Development Projects. A. The construction of new single-family residential, multi-family residential, and mixed-use projects shall comply with the City’s Recycling and Solid Waste Planning Manual, originally adopted by City Council Resolution 2005-023, as amended from time to time. Section XVII. Revisions to the Zoning Administrator’s Authority to Make Use Determinations. The Chula Vista Municipal Code is hereby amended as follows: 19.14.025 Zoning Administrator – Determination of similar uses. A. Determination of Similar Uses. The Zoning Administrator may determine that a proposed use not listed in the zoning district as permitted or conditionally permitted is allowable, if all of the following findings are made: 1. The characteristics of, and activities associated with, the proposed use are equivalent to one or more of the listed uses; 2. The proposed use will be consistent with the purposes of the applicable zoning district; and 3. The proposed use will be consistent with the General Plan and any applicable specific plan. When the Zoning Administrator determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this title apply. The Zoning Administrator is granted wider authority to allow unlisted land uses in different zones subject to specific findings being made. Section XVIII. Repeal the Initiation Process to Amend Certain Policy Planning Documents. The Chula Vista Municipal Code is hereby amended as follows: Page 152 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 51 Section XIV. 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 XV. 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 XVI. Effective Date This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final passage. Section XVII. Publication. The City Clerk shall certify 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 Page 153 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 154 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 1 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA COMPREHENSIVELY AMENDING CHULA VISTA MUNICIPAL CODE TITLE 8 (HEALTH AND SANITATION), TITLE 12 (STREETS AND SIDEWALKS), TITLE 13 (SEWERS), TITLE 15 (BUILDINGS AND CONSTRUCTION), TITLE 18 (SUBDIVISIONS), AND TITLE 19 (PLANNING AND ZONING). WHEREAS, necessary amendments to the Chula Vista Municipal Code (“CVMC”) have been identified to help further streamline and clarify permit processes and regulations; and WHEREAS, in 2009, the Development Oversight Committee (“Oversight Committee”) was formed to work with staff in identifying areas within the Development Services Department needing improvement and assisting in developing workable solutions; and WHEREAS, staff presented the draft code amendments to the Oversight Committee, which recommended adoption; and WHEREAS, the Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (“CEQA”) and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including relating the addition of findings of approval for certain discretionary permits, creating additional standards for home occupations, changing the permitting authority of permits governing the public right-of- way, and streamlining processing procedures for certain discretionary permits. 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 on May 8, 2024, and voted 6-0-0 to adopt Resolution No. 2024-XXX, 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. Page 155 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 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 City Department names and staff titles, section numbering, hearing and appeal processes for zoning decisions, additions of definitions, and Code enforcement processes and actions. The action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, the action will not have a significant effect on the environment. Section I. Addition of Electric Vehicle Sales and Services Definition and Permit Process. The Chula Vista Municipal Code is hereby amended as follows: 19.04.002 Definitions and construction of terms generally. Unless the context requires otherwise, the definitions codified in this chapter shall be used in the interpretation and construction of this title; and words used in the present tense include the future, the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure”; and the word “used” shall include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used”; and the word “shall” is mandatory and not meant as general guidance. Whenever any of the following terms is used, it shall mean the corresponding officer, department, board or commission of Chula Vista, herein referred to as the City: “Assessor,” “City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director of Public Works,” “Director of Development Services,” “Zoning Administrator,” or “Building Inspector.” In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as its representative or agent. “Access” means an opening in a fence, wall or structure, or a walkway or driveway, permitting pedestrian or vehicular approach to or within any structure or use. “Accessory use or structure” means a use or structure subordinate to the principal use of a building on the same lot, and serving a purpose customarily incidental to the use of the principal building. “Agent of owner” is any person who can show certified written proof that he is acting for the property owner. Page 156 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 3 “Agriculture” means the use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal husbandry (excluding swine); incidental to other agricultural uses; and the necessary accessory uses for storing produce and qualified employee housing; provided, however, that the operation of any such accessory use shall be secondary to that of primary uses and shall not include stockyards or the commercial feeding of garbage or offal to animals. “Alley” means a public or private way not more than 30 feet wide, which affords only secondary access to abutting property. “Amusement facility” means a place of amusement or entertainment wherein are found games, rides (animal or mechanical), coin-operated or token-operated machines or devices (e.g., video and pinball), shooting galleries, movies or entertainment machines and other games of skill or chance offered to the public. This definition does not include vending, photocopying, laminating and photo machines. 1. “Amusement arcade or center” means a facility wherein are found games, coin-operated or token-operated machines or devices (e.g., video and pinball machines) of skill, chance or entertainment offered to the public. 2. “Amusement park” means an amusement facility encompassing several acres of land and may include other commercial activities such as restaurants, retail stores and services. 3. “Amusement games or machines as accessory uses” means not more than three coin-operated or token-operated machines, rides or devices (e.g., video, pinball, mechanized rides and other electronic games) within any commercial retail or service establishment, and provided they do not constitute more than five percent of the floor area of the establishment. “Auction” means the auctioning and sale of merchandise and equipment to the highest bidder, but excluding auction rooms and livestock auctioning. Automobile Dismantling. For “automobile dismantling,” see “junkyard.” Automobile Maintenance and Repair, Minor. “Minor automobile maintenance and repair” means general lubrication services, engine tune-up, and replacement of parts and motor service to passenger cars and trucks not exceeding one and one -half tons capacity, but not including other operations named under “automobile repair, major” or similar thereto as determined by the Commission. “Automobile or trailer sales area” means an open area, other than a street or an alley, used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done. Page 157 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 4 Automobile Repair, Major. “Major automobile repair” means general repair, rebuilding, and reconditioning of engines, motor vehicles or trailers; collision service, including body, frame, or fender repair; and overall painting. “Automobile service station” means an establishment engaged in the sale of motor fuel dispensing devices directly into motor vehicles. In addition, other services may be performed such as tube and tire repair, battery charging, storage of merchandise to be sold on the premises as permitted herein, lubricating of automobiles, and automobile washing, not including mechanical wash, and minor repairs. “Basement” means a story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than one-half of its floor-to-ceiling height is below the average contact level of the adjoining ground, as distinguished from a “cellar” which is a story where more than one-half of its floor-to-ceiling height is below the average level of the adjoining ground. A basement, when usable as a dwelling, shall be counted as a story for purposes of height measurement, and as a half story for purposes of side yard determination. “Beginning of construction” means the demolition, elimination and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings. “Block” means a tract of land bounded by streets, dead-ends of streets, railroad rights- of-way, watercourses, large tracts of land in uses such as parks and golf courses, or a City boundary. “Boardinghouse or lodginghouse” means a dwelling or part thereof (not including rest homes, convalescent homes, bed care, supervision and other special care, such as counseling), where meals and/or lodging are provided (but not separate cooking facilities) for compensation and with not more than five guest rooms and 10 persons total. “Boatel” means any hotel or motor hotel provided with landing facilities to accommodate boats or other vessels. “Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. Building, Height of. “Height of building” means the vertical distance from the average contact ground level of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. Building, High Rise. “High rise building” means any structure which is five stories or more in height. Building Line Map. The front yards of all lots and side yards along the street side of a reversed corner lot are shown upon a map on file in the Planning Department, and Page 158 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 5 made a part of this title, being designated as the “building line map,” and such map and all notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by such map were all fully described herein. Building, Main. “Main building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the building site on which it is located. “Bulkhead” means a structure, including riprap or sheet piling, constructed to separate land and water and establish a permanent shoreline. “Carnival” means a traveling enterprise offering amusements with organized entertainment or exhibits and includes mechanical rides. “Carport” means a private garage, as defined herein, which is designed to be open on one or more sides. “Cellar” means a story where more than one-half of its floor-to-ceiling height is below the average contact ground level of the adjoining ground. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes. “Chula Vista General Plan” means the General Plan for the City, as adopted by the City Council on September 22, 1964, and as amended from time to time. “Commission” means the City Planning Commission of Chula Vista. “Communication equipment building or use” means a building or lot housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel. For the purpose of this title, a communication equipment building or use shall be considered a quasi - public use, where such use is referred to in the zoning regulations. “Community purpose facility” means a land use designation in a planned community intended for nonprofit and certain for-profit land uses as listed in CVMC 19.48.025(C). “Council” means the City Council of Chula Vista. “Court” means a yard on the same lot with a building which is bounded on two or more sides by the exterior walls of buildings on the same lot. “Crop and tree farming” means the raising for commercial purposes of any truck, field or orchard crops or wholesale nurseries or greenhouses, including necessary buildings incidental to such crop and qualified employee housing. Page 159 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 6 “Dance floor” shall mean a defined floor area located within a business establishment designed for the purpose of dancing by patrons of the establishment. “Day nursery” means day nurseries for working mothers; nursery schools for children under the minimum age of admission to public schools; parent-cooperative nursery schools; play groups for preschool children; programs giving afterschool care to school children; and all other types of group day care programs. The term “day nursery” does not include family day care homes; facilities offering 24-hour care; or regular elementary schools which offer educational programs only. “Day spa” means a business which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments. Treatments may include foot and body massage; facials; waxing; body wraps; salt scrubs; manicures; pedicures; aromatherapy; moxibustion; ear candling; and guasha (scraping), or other similar treatments. “Development unit” means that portion, along with the uses contained therein, of a planned community district which is proposed for development at one time and under one planned development permit. Development units may consist of portions of a planned community district or of the entire district. “Distance between residential structures” means the shortest horizontal distance between the vertical walls of two residential structures as herein defined. Location of points of measurement are subject to the exceptions contained in CVMC 19.16.060. “Dock” means a landing pier for boats; a wharf; or a structure supported by pilings or floats in such a manner as to allow free flow of water beneath said structure and in which any buildings constructed thereon are incidental to the use of said structure as a wharf or landing pier. “Driveway” means a private road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which located. “Dwelling” means any building or portion thereof designed or used exclusively as the residence of one or more persons, but not including a hotel/motel, tent, cabin, trailer or mobilehome. Dwelling, Accessory Dwelling Unit. “Accessory dwelling units or junior accessory dwelling units” are independent living facilities of limited size that provide permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. This includes efficiency units and manufactured homes, in conformance with the requirements for such units as defined in State Government Code Section 65852.2. “Dwelling group” means a group of two or more detached buildings used for dwelling purposes located on a parcel of land in one ownership and having any yard or court in common. Page 160 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 7 Dwelling, Multiple. “Multiple dwelling” means a building or portions thereof designed for or used exclusively for residence purposes by three or more families or housekeeping units, living independently of one another. Dwelling, Single-Family. “Single-family dwelling” means a building designed for or used exclusively for residence purposes by one family or housekeeping unit. Dwelling, Townhouse. “Townhouse dwelling” means an attached or semi-attached building containing a single dwelling unit and located or capable of being located on a separate lot. Dwelling, Two-Family or Duplex. “Two-family or duplex dwelling” means a building designed for or used exclusively for residence purposes by two families or housekeeping units, living independently of one another. “Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette. “E-commerce (electronic commerce)” includes commercial activities involving the sale of goods or services for profit, where those sales occur on virtual platforms including but not limited to the internet and applications within smartphones or other similar mobile cellular devices. “Efficiency living unit” means a dwelling unit for occupancy, which has a minimum floor area of 150 square feet and a maximum floor area of 450 square feet and which may also have partial kitchen or bathroom facilities and shall have the same meaning as “Efficiency Unit” as defined in Section 17958.1 of the California Health and Safety Code. “Electrical generating facilities” is a collective term of reference for each of the following individually defined sub-types: 1. Base Load Facility. A “base load facility” means an electrical generating facility that is intended to run constantly at near capacity levels. This sub-type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor-owned utility transmission corridors right-of-way. Base load facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. 2. Peaking Facility. A “peaking facility” means an electrical generating facility that is used to produce extra electricity during peak load times and is permitted to operate not more than 4,000 hours per year. This sub-type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor-owned utility transmission corridors. Peaking facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. Page 161 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 8 3. Private Facility. A “private facility” means an electrical generating facility that, regardless of fuel or energy source, is operated by a private property owner or lessee, and whose function is the provision of electricity to the permitted use(s) on a single or adjoining parcel(s) on which the facility is located or serves. The associated power load shall generally be up to 25 megawatts, or as determined by applicable state or other codes. A private facility can include district heat and power, and combined heat and power types as defined in the City’s Electrical Generating Facilities (EGF) Policy. 4. Backup and Emergency Facility. A “backup and emergency facility” means an electrical generating facility that is operated only during the interruption of electrical service from the distribution system or transmission grid due to circumstances beyond the operator’s control. 5. Residential-Level Facility. A “residential-level facility” means an electrical generating facility whose function is the provision of electricity to serve an individual private residential dwelling unit(s). Electric Vehicle (“EV”) Service and Sales. The leasing or sales of electric vehicles (EV), parts or services for EV's, and minor repairs/service including minor body work, replacement parts (excluding paint booths), where all activities occur within a building, office space, or commercial store front, with limited outdoor storage. Sales are limited to EV, hybrid vehicles and related service/parts sales. “Emergency shelter” means housing with minimal supportive services for homeless persons, with occupancy limited to a six-month term or less by homeless persons. Emergency shelter shall have the same meaning as defined in Section 50801(e) of the California Health and Safety Code. “Essential services” means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including any buildings, electric substations, or water storage tanks. “Family day care” means regularly provided care, protection and supervision of 14 or fewer children in the state-licensed provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away; provided, that the licensee of such family day care home who rents or leases their home shall notify the property owner or landlord in writing that they are operating a family day care home in the rented or leased property. Page 162 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 9 “Family day care home, large” means a family day care home, as defined by this section, which provides family day care to nine to 14 children, inclusive, including children who reside at the home. “Family day care home, small” means a family day care home, as defined by this section, which provides family day care to eight or fewer children, including children who reside at the home. Filling Station. For “filling station,” see “automobile service station.” “Floor area ratio (residential)” means the numerical value obtained by dividing the total area of all the floors of a building or buildings included within the surrounding walls, by the total area of the premises. “Fulfillment center” is a facility where a building is primarily used to receive, process, and fulfill numerous consumer orders associated with electronic commerce (“e-commerce”) or similar high capacity and high frequency orders and deliveries. The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees. “Full-time foster home” means a family residence in which 24-hour care is provided for not more than six children, including children of the foster family. Garage, Private. “Private garage” means a detached, fully enclosed accessory building or a portion of the principal building used only for the storage of passenger vehicles, boats or trailers by the persons resident or employed upon the premises; provided, that such garage, when in a residential zone or incidental to a residential use, shall not be used for the storage of more than one commercial vehicle of one and one-half tons or greater rated capacity per family residence upon the premises. Garage, Public. “Public garage” means a structure or portion thereof, other than a private garage, used for the storage, sale, care, repair or refinishing of self-propelled vehicles or trailers. “General development plan” means a description of the development proposed within a particular planned community zone consisting at a minimum of a map and written statement setting forth, in general, the regulations governing, and the location and arrangement of, all proposed uses and improvements to be included in the development. “Guest house” means detached living quarters of a permanent type of construction, without kitchen or cooking facilities and intended for use by occasional guests of the occupants of the main building, but not to exceed 90 days for any one guest over a one-year period. A guest house shall not be separately rented, let, or leased, whether compensation is direct or indirect. “Hazardous waste facility” means, as applicable, a hazardous waste facility project, specified hazardous waste facility, specified hazardous waste facility project, or land Page 163 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 10 disposal facility as defined in Section 25199.1 of the California Health and Safety Code, and shall include any structures, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. “Home occupation” means a commercial activity conducted in a dwelling, which is clearly incidental and secondary to the use of the dwelling for residential purposes, and in accordance with CVMC 19.14.490. “Hospital” means an institution in which patients are given medical or surgical care and which is licensed by the state to use the title “hospital” without qualifying descriptive word. “Hotel/motel” means a building or group of buildings comprised of six or more guestrooms or suites of rooms, where a majority of such rooms are occupied, intended or designed for occupancy by guests for temporary lodging or sleeping purposes for less than 30 consecutive calendar days, and is held out as such to the public (not including hospitals, residential facilities, qualified employee housing, boarding or lodging houses or single room occupancy residences). “Houseboat” means any vessel used or intended to be used primarily as a dwelling unit, in contrast to a vessel used or intended to be used primarily for carrying persons or goods. “Interested party” means any person who, in person or through a representative, appeared at a public hearing of the City of Chula Vista, or made written comments via U.S. Mail, e-comment or electronic mail (email) to the City, in connection with a decision or action appealed. “Interested party” shall also include the applicant for a permit. “Junkyard” means a place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, stored or abandoned, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, and not including sale of used cars in operable condition, or salvaged materials incidental to manufacturing operations. “Kennel” means a place kept for the purpose of the boarding, breeding, raising, selling or exchanging of dogs. “Kitchen or kitchenette” means any room or part of a room which is designed, built, used or intended to be used for food preparation and dishwashing, but not including a bar, butler’s pantry or similar room adjacent to or connected with a kitchen. Page 164 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 11 “Landscape manual” refers to the landscape manual adopted by the City Council of Chula Vista. “Landscaping” means planting, including trees, shrubs, lawn areas, and ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, decorative rock or other paved surfaces are considered as elements of landscape development. “Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this title, and having frontage on a public or an approved private street. “Lot area” means the computed area contained within the lot lines. Lot, Corner. “Corner lot” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street right-of-way lines is the “corner.” “Lot coverage” means the percent of the total site area covered by structures other than those excepted in this title. “Lot depth” means the mean horizontal distance between the front and the rear lot lines, or between the front lot line and the intersection of the two side lines if there should be no rear lot line. Lot, Interior. “Interior lot” means a lot other than a corner lot. Lot Line, Front. “Front lot line” means the line separating the lot from the street. In the case of a corner lot, the front lot line is the shorter of any two adjacent street lot lines. Lot Line, Interior. For “interior lot line,” see “lot line, side.” Lot Line, Rear. “Rear lot line” means a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: 1. For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line; or 2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; or Page 165 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 12 3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. Lot Line, Side. “Side lot line” means any lot line other than a front or rear lot line which intersects a front lot line. A side lot line separating a lot from a street is called a “side street lot line.” Lot Line, Street or Alley. “Street or alley lot line” means a lot line separating the lot from a street or alley. “Lot lines” means the property lines bounding the lot. Lot of Record. For “lot of record,” see CVMC 19.16.020. Lot, Through. “Through lot” means a lot having frontage on two parallel or approximately parallel streets. “Lot width” means the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. “Massage parlor” means a massage establishment as defined in CVMC 5.36.030. Mobilehome. For “mobilehome,” see “trailers.” “Narcotic or drug paraphernalia shop” or “head shop” means any business establishment or a portion of the premises of any business establishment wherein devices, contrivances, instruments or paraphernalia for smoking, sniffing or injection of marijuana, hashish, cocaine, PCP or any controlled substance is displayed or offered for sale. “Nonconforming structure” means a structure which was lawfully erected prior to July 8, 1969, but which, under the provisions herein, does not conform to the standards of coverage, yards, height of structures, or distances between struct ures prescribed in the regulations for the district in which the structure is located. “Nonconforming use” means a use of a structure or land which was lawfully established and maintained prior to July 8, 1969, but which, under the provisions herein, does not conform with the use regulations for the district in which it is located. “Nursing home” means any premises with sleeping rooms where persons are lodged and furnished with meals and nursing care, not including persons suffering from contagious disease, mental diseases, alcoholism or drug addiction. “Off-shore” means land below “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. “On-shore” means land above “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. Page 166 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 13 Open Space, Usable. “Usable open space” means any portion of a lot which is landscaped and/or developed for recreational and leisure use, and is conveniently located and accessible to all the units. (See CVMC 19.28.090.) “Park” means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. Parking Area, Private. “Private parking area” means an open area for the same uses as a private garage. Parking Area, Public. “Public parking area” means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers. “Parking space” means a permanently surfaced area of a size defined by Planning Commission resolution, within a structure or in the open, excluding area necessary for access under the provisions of this title, designed or used for the parking of a motor vehicle. When the long dimension of a parking space adjoins a wall or fence more than six inches in height, the width of such parking space shall be not less than 10 feet. “Performance standards” are the regulations for the control of “dangerous or objectionable elements” as defined in CVMC 19.66.080 through 19.66.150. Permitted Use. For the purpose of this title, a “permitted use” in any zone shall include any use listed as a “principal permitted use” or “accessory use” and shall further include a “conditional use” as listed for the particular zone, provided a conditional use permit is obtained. “Pet shop” means an establishment involved in selling or exchanging (but excluding boarding, breeding or raising) any birds, dogs or other pets, all of which for the purpose of this chapter are called “pets.” Pharmacy, Prescription. For “pharmacy, prescription,” see “prescription pharmacy.” “Planned development permit” means a permit issued by the City Planning Commission, authorizing the actual development and construction within a planned community zone. “Poultry farm” means any premises on which the primary use is the breeding, raising or maintaining of poultry for sale of eggs or poultry, or where the primary income from the premises is derived from the aforesaid occupation. Page 167 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 14 “Prescription pharmacy” means an establishment whose primary function is the sale of pharmaceutical drugs and prescriptions as well as medicinal supplies and goods. The incidental sales of toilet goods, toiletries, cosmetics, confections, tobacco and accessories, newspapers and magazines is also permitted. “Public/quasi-public” means used as public or seemingly public. For the purposes of this title, electrical substations, electrical generating facilities as defined in subsections (1), (2), (3) and (4) only of the definition “electrical generating facilities” in this section, water or wastewater treatment and storage facilities, education, civic, government offices, or other municipal, public agency or utility facilities, and others as listed in Chapter 19.47 CVMC shall be considered public/quasi-public uses, of a public service type. “Qualified employee housing” means accommodations for employees as defined in Section 17008 of the California Health and Safety Code, as may be amended, which has qualified or where the owner intends to qualify for a permit to operate under the Employee Housing Act (Health and Safety Code Section 17000 et seq.). Recreation, Commercial. “Commercial recreation” means recreation facilities operated as a business and open to the general public for a fee. Recreation, Private, Noncommercial. “Private, noncommercial recreation” means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization. Recreation, Public. “Public recreation” means publicly owned or operated recreation facilities. “Religious institution” means an institution that people regularly attend to participate in or hold religious services and incidental religious education, but not including private schools as defined in this chapter. “Residence, single room occupancy (SRO)” means a rooming unit or efficiency living unit located in a building containing six or more such dwellings that are offered for occupancy by residential tenants for at least 30 consecutive days. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared. “Residential density” means the average number of families living on one acre of land in a given area. “Net residential density” is determined by dividing the total number of families in a defined area by the total acreage of all parcels of land within the area that are used for residential and accessory purposes. “Gross residential density” is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks and local shopping facilities into the total number of families in said area. “Residential facility” means any family home, group care facility, or similar facility, licensed by the state of California, for 24-hour nonmedical care of persons in need of Page 168 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 15 personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Salvage Yard. For “salvage yard,” see “junkyard.” “Satellite dish antenna” is a device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite. It may be a solid, open mesh or bar configured structure, typically eight to 12 feet in diameter, in the shape of a shallow dish or parabola. “School” means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. “Self-storage facility” is a structure(s) containing separated storage spaces of varying sizes, leased or rented on an individual basis, and may include recreational vehicles storage. “Senior housing development” means a residential project which may exceed the maximum density permitted for families in the zones in which it is located, and which is established and maintained for the exclusive use of low- or moderate-income senior residents. Service Station. For “service station,” see “automobile service station.” Setback. For “setback,” see specific “yard” definitions. “Shoreline” means the boundary between land above and land below the “mean higher high water,” as defined by the latest U.S. Coast and Geodetic Survey. Stable, Private. “Private stable” means an accessory stable, corral or paddock used or designed to shelter horses belonging to the occupants of a dwelling, and where no horses are kept for hire or sale. Stable, Riding. “Riding stable” means any stable where horses are kept for hire. “Story” means that portion of a building included between the surface of any floor and the floor or ceiling next above it. Story, First. “First story” means the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except, that any basement or cellar used for residential purposes shall be deemed the first story. Page 169 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 16 Story, Half. “Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for one or more dwelling units shall be deemed a full story. Story, Mezzanine. “Mezzanine story” means a story which covers one-third or less of the area of the story directly underneath it. “Street” means a public right-of-way, more than 30 feet in width, which provides a public means of access to abutting property. The term “street” includes “avenue,” “drive,” “circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” or any other similar term. The term shall include the total width of the dedicated right- of-way. Street, Private. “Private street” means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites. “Structural alteration” means any change in the structural members of a building, such as walls, columns, beams or girders. “Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (Section 65582(g) of the State Government Code). “Target population” means persons with low incomes who have one or more disabilities as described in Section 65582(i) of the State Government Code. “Surface mining operations” means all, or part of, the process involved in the mining of minerals on mined lands, as defined in Chapter 19.69 CVMC, by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in-place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). “Tideland” means lands between the “mean higher high water” and the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. Page 170 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 17 “Townhouses” means attached or semi-attached buildings, each containing a single dwelling unit and each located or capable of being located on a separate lot. Trailer Camp, Trailer Park or Mobilehome Park. “Trailer camp, trailer park or mobilehome park” means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers or mobilehomes occupied as a residence. Trailers. 1. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at a campsite to provide temporary living quarters. 2. “Motorhome” means a vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, primarily designed to provide temporary living quarters. 3. “Camper (slide in)” means a portable unit, consisting of a roof, floor and sides designed to be loaded into and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters. 4. “Cargo trailer” means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, including a boat or livestock. 5. “Travel trailer” means a vehicular portable unit mounted on wheels of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and primarily designed and constructed to provide temporary living quarters. 6. “Mobilehome” means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units, and shall not include a recreational vehicle, commercial coach or factory-built housing. 7. “Commercial coach” means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall not include mobilehomes. Such coaches shall bear the State Division of Housing’s insignia of approval as a commercial coach. “Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (Section 65582(j) of the State Government Code). Page 171 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 18 “Underwater land” means land below the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. “Unified control” means the written consent or agreement of all property owners. Usable Open Space. For “usable open space,” see “open space, usable.” “Warehousing facility” means the use of a building primarily for the storage of goods of any type (e.g., cold storage) by one or two businesses and used for the sale or distribution of those goods to their direct customers (excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions). Typically, 200,000 square feet or less in size with a land coverage ratio of approximately 45 to 55 percent with dock-high and/or ground level loading doors on one side of the building only. “Warehousing, logistics and distribution facility” is one used for the storage and/or consolidation of manufactured goods (and, to a lesser extent, raw materials, and includes bulk storage of materials which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers are generally greater than 200,000 square feet in size, with a land coverage ratio of approximately 40 to 60 percent; have dock-high loading doors that also could be located on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including: 1. Freight yards/forwarding terminals. 2. Warehousing distribution/high cube distribution centers. 3. Moving agencies. 4. Parcel delivery terminals. 5. Railroad freight stations. 6. Shipping/receiving yards. 7. Truck terminals. “Warehousing sales, retail” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods both directly to the ultimate consumer and incidental wholesaling. Generally, sales tax is collected from the ultimate consumer. “Warehousing sales, wholesale” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and Page 172 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 19 buying merchandise for, or selling merchandise to, such individuals or companies, and specifically excluding sales of goods directly to the ultimate consumer. Generally, sales tax is not collected from businesses purchasing such goods. “Waterfront land” means any lot above the “mean higher high water” as defined by the U.S. Coast and Geodetic Survey having frontage directly upon the shoreline, as defined herein. Yard, Front. “Front yard” means an open space extending the full width of the lot measured between the building closest to the front lot line, which open space is between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. Yard, Front, Least Depth. “Front yard, least depth” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the front lot line. Yard, Front, Least Depth – How Measured. Such depth shall be measured from the front lot line; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City (“plan line procedure”) differs from that of the existing street, then the required front yard, least depth, shall be measured from the right-of-way line of such street as adopted; or said building shall comply with the official setback lines as adopted by the City. Yard, Rear. “Rear yard” means an open space between a building and the rear lot line, unoccupied and unobstructed from the ground upward and extending across the full width of the lot, except as specified elsewhere in this title. Yard, Rear, Least Depth. “Rear yard, least depth” means the shortest distance, measured horizontally, between any part of a principal building, other than parts hereinafter excepted, and the rear lot line. Yard, Side. “Side yard” means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title. A side yard on the street side of a corner lot shall be known as an “exterior side yard.” Yard, Side, Least Width. “Side yard, least width” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the nearest side lot line. Yard, Side, Least Width – How Measured. Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City differs from that of the existing street, then the required side yard, least width, shall be measured from the right-of-way of such street as adopted; or said building shall comply with any applicable official setback lines. Page 173 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 20 “Zone” means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. “Zoning map” means the zoning map or maps of Chula Vista, together with all amendments subsequently adopted. “Zoning permit” means a document issued by the Building Inspector authorizing buildings, structures or uses consistent with the terms of this title, and for the purpose of carrying out and enforcing its provisions. “Zoning wall or fence” means a wall or fence erected along the property line or zoning boundary to separate any commercial or industrial zones or uses from adjacent residential zones and a fence to separate multiple-family zones from single-family zones. 19.40.020 Permitted uses. Principal permitted uses in a C-T zone are as follows: A. Stores, shops and offices supplying commodities or performing services for residents of the City as a whole or the surrounding community, such as department stores, banks, business offices and other financial institutions and personal service enterprises; B. New car dealers and accessory sale of used cars (see CVMC 19.40.030 for used car lots); electric vehicle (“EV”) service and sales; boat and equipment sales and rental establishments, subject to the provisions of CVMC 19.58.070; C. Hotels/motels, subject to the provisions of CVMC 19.58.210; D. Retail shops for the sale of auto parts and accessories, souvenirs, curios and other products, primarily to serve the traveling public; E. Restaurants and cocktail lounges (dance floors subject to the provisions of CVMC 19.58.115 and Chapter 5.26 CVMC); F. Animal hospitals and veterinary clinics, subject to the provisions of CVMC 19.58.050; G. Bakery and creamery establishments; H. Printing and publishing or lithographic shops; Page 174 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 21 I. Commercial recreation facilities, such as swimming pools, bowling alleys, and skating rinks, subject to the provisions of CVMC 19.58.040; J. Plant nurseries; K. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish antennas in accordance with the provisions in CVMC 19.22.030(F)(1) through (9) and (11) through (13); L. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140; M. Agricultural uses as provided in CVMC 19.16.030; N. Sexually oriented businesses, subject to the provisions of CVMC 19.58.024; O. Used clothing sales; P. Knitting and weaving shops; Q. Upholstery shops; R. Massage parlors, subject to the provisions of Chapter 5.36 CVMC. 19.44.020 Permitted uses. Permitted uses in an I-L zone are as follows: A. Manufacturing, printing, assembling, processing, repairing, bottling, or packaging of products from previously prepared materials, not including any prohibited use in this zone; B. Manufacturing of electrical and electronic instruments, devices and components; C. Wholesale businesses, storage and warehousing; D. Laboratories; research, experimental, film, electronic and testing; E. Truck, trailer, mobilehome, boat and farm implement sales establishments; F. Public and private building material sales yards, service yards, storage yards, and equipment rental; Page 175 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 22 G. Minor auto repair; H. Laundries, laundry services, and dyeing and cleaning plants, except large-scale operations; I. Car washing establishments, subject to the provisions of CVMC 19.58.060; J. Electric Vehicle (“EV”) Service and Sales; JK. Plumbing and heating shops; KL. Exterminating services; LM. Animal hospitals and veterinarians, subject to the provisions of CVMC 19.58.050; MN. The manufacture of food products, drugs, pharmaceuticals and the like, excluding those in CVMC 19.44.050; NO. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140; OP. Temporary tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.600(E)(2);* P. Any other limited manufactured use which is determined by the Commission to be of the same general character as the above uses; Q. Agricultural uses as provided in CVMC 19.16.030; R. Emergency shelters, limited subject to the provisions of CVMC 19.58.143. Section II. Changes to Scheduling Items for City Council Meetings. The Chula Vista Municipal Code is hereby amended as follows: Section 8.24.180 Payment of solid waste collection charges – Penalty for delinquency. Subsections A thru E remain unchanged. F. Lien Process for Solid Waste Services. 1. Hearing and Lien – Notice. When the full amount for said Solid Waste service charge is not paid within 15 days after the final notice of delinquency, the City Clerk Page 176 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 23 may set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting, which will be held at least seven calendar days after such 15-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing at least 10 days in advance of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once at least 10 days in advance thereof in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing, in a conspicuous place at or near the entrance of the Council chambers in the City Hall. 2. Delinquent Accounts – Hearing and Assessment. The City Council shall consider said delinquent accounts at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the charges may present a written or oral protest or objection to the delinquency of said account or the amount owed thereon. At the conclusion of the hearing, the City Council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the City Council. The decision of the City Council on the charges and on all protests or objections shall be final and conclusive. The amounts so approved shall reflect the entire amount due, including all penalties, interest, and administrative fees that have accrued against the account as of the date of the hearing plus any county fees (for processing and collecting the lien). The amount shall be charged to the property owner on the next regular tax bill and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause the same to be recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property. The City Council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. 3. Delinquent Accounts – Administrative Fee. All delinquent accounts that are not paid within 10 days after the final delinquency notice has been posted may be charged an administrative processing fee to offset the costs incurred by the City in administering the provisions of this chapter. The administrative processing fee (designated for administrative convenience only in the master fee schedule) shall be added to the amount that shall be charged to the property owner on the next regular tax bill under subsection (F)(2) of this section. The rest of the Subsections remain unchanged. Section 12.40.060 Appeal – Decision authority. Upon receipt of such appeal, the City Clerk shall take no longer than 30 calendar days to place the matter upon the agenda of a regularly scheduled meeting of the City Council. The meeting date shall also be no more than 60 calendar days from the application’s filing date. The decision of the City Council shall be final. Page 177 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 24 Section 13.14.150 Payment of sewer service and pump station charges – Penalty for delinquency – Discontinuance of service – When – Unlawful connection – Backbilling and penalty. Subsections A thru E remain unchanged. F. Notice of Delinquency – Hearing and Lien. When the full amount for said sewer service charge is not paid within 60 days after the final date of payment, the City Clerk shall set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting which will be held at least seven calendar days after such 60-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once, at least 10 days in advance thereof, in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing in a conspicuous place at or near the entrance of the Council Chambers in the City Hall. The rest of the Subsections remain unchanged. Section 15.50.040 Request for reimbursement agreement. Whenever a developer is required to install or replace such public improvements or whenever the City may have participated in the costs of such improvements which either the developer or the City feels will be of benefit to property other than his own, which properties are not subject to an assessment for such costs under a public improvement proceeding, the developer or the City may request that the City Council form a reimbursement district. The request shall be in writing and filed with the City Clerk who shall place it on the agenda of the next regular meeting of the City Council. Section 18.16.170 Approval – Prerequisites – Notice. Pursuant to Government Code 66458(d) the City Engineer shall notify Council at its next regular meeting after the City Engineer receives an approvable final map package that the final map is being reviewed for final approval. The City Clerk shall notice any final maps under final review on the City Council agenda and shall notify any interested parties who have requested notice. Section 19.14.588 Design review – Appeal procedure. A. An interested party may file an appeal from the decision of the Zoning Administrator to the Planning Commission within 10 business days after the decision is made. The appeal shall be in writing and filed with the Development Services Department on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the Development Services Page 178 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 25 Department shall take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Zoning Administrator. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the Planning Commission shall be final. B. An interested party may file an appeal from the decision of the Planning Commission to the City Council within 10 business days after the decision is made. The appeal shall be in writing and filed with the City Clerk on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the City Clerk shall take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled City Council meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission or Zoning Administrator for minor projects. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the City Council shall be final. Section 19.52.040 Procedures following Planning Commission decision – Appeals. A. After decision by the Planning Commission, copies thereof shall be mailed to the applicant and to any party filing a written notice therefor with the secretary of the Commission or the Director of Planning and Building, and the application and any supporting documents, together with the written decision of the Planning Commission, shall be forwarded to the City Clerk, who shall cause same to be placed upon the agenda of a regular meeting of the City Council within 15 days after receipt thereof. B. If the applicant or any other interested party is dissatisfied with the decision of the Planning Commission, such person may file a notice of appeal within 10 days from the date such notification of the Planning Commission’s decision was mailed to the applicant. Such notice of appeal shall be filed with the City Clerk. Such appeal shall be in writing and shall state wherein the appellant feels the Planning Commission’s decision was in error, and his reasons therefor. Section III. Revision to Accessory Dwelling Unit Size Standards. The Chula Vista Municipal Code is hereby amended as follows: Page 179 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 26 19.58.022 Accessory dwelling units. Subsections A and B remain unchanged. C. Accessory dwelling units shall be subject to the following requirements and development standards: 1. Zones. Accessory dwelling units can be created in areas zoned to allow single- family or multifamily dwelling residential use. A coastal development permit may be required for accessory dwelling units within the coastal zone. Construction of a primary residence can be in conjunction with the construction of an accessory dwelling unit. 2. Number of Accessory Dwelling Units Permitted. a. An accessory dwelling unit is permitted on a lot with a proposed or existing single-family dwelling unit. b. A minimum of one accessory dwelling unit, or up to 25 percent of the existing multifamily units, is permitted within an existing multifamily dwelling, as a result of the conversion of nonhabitable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; or c. Up to two detached accessory dwelling units shall be permitted on a lot with an existing multifamily dwelling. 3. Unit Size. Accessory dwelling units shall conform to the following size requirements: a. The total floor area for an attached accessory dwelling unit shall not exceed 50 percent of the total floor area of the proposed or existing primary residence, or 850 square feet for a one-bedroom unit and 1,000 square feet for a unit with more than one bedroom, whichever is greater. b. An accessory dwelling unit of at least 800 square feet shall be permitted regardless of floor area ratio, lot coverage or open space requirements of the underlying zone. c. The total floor area for a detached accessory dwelling shall not exceed 1,200 square feet. d. An accessory dwelling unit within an existing accessory structure may be increased by a maximum of 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress. Page 180 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 27 4. Unit Location. Accessory dwelling units may be attached to or located within a proposed or existing primary residence or accessory structure (including attached garages, storage areas or similar structures). Accessory dwelling units may be detached from the primary residence. 5. Height. An accessory dwelling unit, as measured from the ground, shall not exceed the height limit for the primary residence in accordance with the underlying zone, or 16 feet, whichever is greater. However, a taller unit can be built based on the following exceptions: a. Detached. i. Up to 18 feet on a lot with an existing or proposed single-family or multifamily dwelling if it is located within a half-mile of transit or high-quality transit corridor. The maximum can also be increased to 20 feet only if it is necessary to match the roof pitch of the ADU to that of the main house. ii. Up to 18 feet on a lot with an existing or proposed multi-story multifamily dwelling, regardless of proximity to public transit. b. Attached. Up to 25 feet high for either a primary single -family or multifamily dwelling, or as high as the underlying zoning designation allows, whichever is lower. The ADU shall also be no greater than two stories. 6. Development Standard Exceptions. Accessory dwelling units shall conform to the underlying zoning and land use development requirements for primary residences with the following exceptions: a. A new attached or detached accessory dwelling unit is allowed a setback of no less than four feet from the side and rear lot lines. In addition, an encroachment into the front yard setback is also allowed only if it is necessary to construct a minimum 800-square-foot unit. b. A new detached accessory dwelling unit shall be located a minimum of six feet from a primary residence. c. No setback shall be required for an existing garage, living area, or accessory structure constructed in the same dimensions that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no less than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above an accessory structure. d. Correction of nonconforming zoning conditions and/or building code violations shall not be a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit. Page 181 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 28 7. Parking. Parking for an accessory dwelling unit is not required in any of the following instances: a. The accessory dwelling unit is located within one-half mile walking distance of public transit. b. The accessory dwelling unit is within an architecturally and historically significant historic district. c. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. d. The accessory dwelling unit is in an area where on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit. e. The accessory dwelling unit is located within one block of a car share area. f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single -family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection. 8. Accessory dwelling units not meeting any of the above requirements shall be subject to the following access and parking regulations: a. Parking. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. Parking spaces may be provided in tandem on a driveway; provided, that access to the garage for the primary residence is not obstructed. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. b. The required parking space(s) shall be on the same lot as the accessory dwelling unit. This parking is in addition to the parking requirements for the primary residence as specified in CVMC 19.62.170. c. Notwithstanding CVMC 19.62.190, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory dwelling unit that was previously used by the primary residence, replacement parking is not required. If the existing driveway is no longer necessary for access to the converted garage or other required parking, said driveway may be used to satisfy the required parking for the accessory dwelling unit when not exempt from subsection (C)(7) of this section. d. Access to all required parking shall be from a public street, alley or a recorded access easement. Access from a designated utility easement or similar Page 182 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 29 condition shall not be permitted. For any lot proposing an accessory dwelling unit and served by a panhandle or easement access, the access must be a minimum of 20 feet in width. e. Curb cuts providing access from the public right-of-way to on-site parking spaces shall be acceptable to the City Engineer. A construction permit from the City Engineer shall be obtained for any new or widened curb cuts. f. Required parking spaces or required maneuvering area shall be free of any utility poles, support wires, guard rails, standpipes or meters, and be in compliance with CVMC 19.62.150. g. When a required parking space abuts a fence or wall on either side, the space shall be a minimum of 10 feet wide. If this area also serves as the pedestrian access from an accessory dwelling unit to the street, the paving shall be a minimum 12 feet wide. 9. Utilities. An accessory dwelling unit may be served by the same water and sewer lateral connections that serve the primary residence. A separate electric meter and address may be provided for the accessory dwelling unit. 10. Design Standards. Dwelling units on the lot should be complementary or compatible in appearance with each other by incorporating matching architectural design, building materials, and colors of the primary residence with the accessor y dwelling unit, and any other accessory structure built concurrently with the accessory dwelling unit. However, the primary residence may be modified to match the new accessory dwelling unit. 11. Designated Historical Sites. An accessory dwelling unit may be allowed on designated or historical sites, provided the location and design of the accessory dwelling unit meets corresponding historical preservation requirements in place at the time the accessory dwelling unit is built, and complies with the requirements of this section including the following: a. The accessory dwelling unit shall be located behind a primary residence that is determined to be a historic resource. b. The construction of the accessory dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables, or other similar structures. c. The accessory dwelling unit shall be designed to have a distinguishable architectural style and finished materials composition from the historic primary residence or structure. Page 183 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 30 d. Construction of an accessory dwelling unit shall not result in demolition, alteration or movement of any historic structures and any other on-site features that convey the historic significance of the structure and site. e. If an historic house/site is under a Mills Act contract with the City, the contract shall be amended to authorize the introduction of the accessory dwelling unit on the site. 12. Occupancy Requirement. At the time of building permit submittal, and continuously thereafter, the property owner(s) shall reside on the lot on which the accessory dwelling unit is located or constructed. The Zoning Administrator shall have the authority to suspend this occupancy requirement for a period not to exceed five years when evidence has been submitted that one of the following situations exists: a. The property owner’s health requires them to temporarily live in an assisted living or nursing facility. b. The property owner is required to live outside the San Diego region as a condition of employment or military service. c. The property owner is required to live elsewhere to care for an immediate family member. d. The property owner has received the property as the result of the settlement of an estate. This subsection (C)(12) shall be held in abeyance until January 1, 2025. 13. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. 134. An application for an accessory dwelling unit that is deemed complete by the City shall be considered and approved ministerially and without a hearing within 60 days if there is an existing single-family or multifamily dwelling on the lot. If the application is submitted with an application to create a new single-family dwelling on the lot, the application for the accessory dwelling unit shall be considered and approved within 60 days of approval of the new single-family dwelling. If an ADU application is denied, a full set of comments, listing the specific items that are defective or deficient, shall be provided to the applicant. These comments must also describe how the application can be remedied by the applicant. 145. A demolition permit for a detached garage that is to be replaced with an ADU must be reviewed with the ADU application and issued at the same time. 156. Accessory dwelling units that are applied for after the effective date of the ordinance codified in this section cannot be rented for less than 30 days. Page 184 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 31 167. Accessory dwelling units are exempt from the requirements of CVMC 12.24.030, Dedications – Required. 178. An application for an accessory dwelling unit on a private sewage disposal system shall require approval by the local health officer. Section IV. Addition of Coastal Development Permit Findings for Approval. The Chula Vista Municipal Code is hereby amended as follows: 19.83.015 Finality of City action. A local decision on an application for a development shall be deemed final when (A) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified LCP, and that the required conditions of approval adequate to carry out the certified LCP as required in the implementing ordinances have been imposed, and (B) all rights of appeal have been exhausted as defined in CVMC 19.83.019. A decision to approve a coastal development permit must be based upon the following written findings: 1. The proposed project is consistent with the certified Local Coastal Program of the City of Chula Vista. 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) and that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et seq. of the Coastal Act. Section V. Change of Permitting Authority to the Development Services Department in Certain Instances Within Title 12 (Streets and Sidewalks). The Chula Vista Municipal Code is hereby amended as follows: Section 12.08.010 Overweight vehicles – Permit required. No person shall move or operate upon any of the City streets any vehicle with a load or loads in excess of those permitted by the Vehicle Code without a written permit from the City Engineer or designee. Page 185 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 32 Section 12.08.020 Overweight vehicles – Conditions for granting permit. The City Engineer or designee may, by written permit, authorize a load or loads in excess of those allowed in the Ve hicle Code if, in his judgment, the streets upon which such vehicle is to be operated can safely withstand the additional weight and if the applicant will guarantee to the City that all costs of repair to the streets or to the public property of the City damaged by the movement of such load or loads will be paid in full. Such permit will be granted upon such conditions and upon the deposit of such bond as the City Engineer or designee may require. Section 12.08.030 Overweight vehicles – Permit recordkeeping required. Upon the issuance of a permit as authorized in this section, the City Engineer or designee shall cause to be filed with the Chief of Police a copy thereof, describing the vehicle or vehicles covered by such permit, the load or loads, the time during which such permit will be in effect, and the streets or routes to be used. Section 12.40.010 Statutory regulations applicable – Public hearing procedure – Investigation. In order to comply with the State Planning Act, the Street Vacation Act of 1941, and the Public Service Easement Vacation Law of the state, it is necessary to hold a public hearing prior to the vacation of any dedicated street or easement within the City. As a preliminary to said hearings, the City Engineer, in collaboration with the Director of Development Services and the Director of Public Works,ing Department and the City Planning Department shall conduct reasonable investigations to ascertain whether or not the public interest would be served by closing or vacating a specific street or portion thereof, or by the vacating of a specific easement in said City. It is the purpose and intent of the City Council to establish fees which shall be paid by the petitioner upon the filing of a request for the processing of an application for such street or easement vacations, in order to reimburse the City for expenses incurred. Section VI. Revisions to R-3 (Apartment-Residential) Zoning Designation Regarding Density. The Chula Vista Municipal Code is hereby amended as follows: 19.28.010 Purpose. The purpose of the R-3 zone is to provide appropriate locations where apartment house neighborhoods of varying degrees of density may be established, maintained, and protected. The regulations of this district are designed to promote and encourage an intensively developed residential environment, with appropriate environmental amenities such as open areas, landscaping and off-street parking. To this end, the regulations permit, in accordance with the respective density districts, multiple dwellings ranging from garden apartments to multi-story apartment houses, and necessary public services and activities subject to proper controls. Also permitted, subject to special control, are certain retail and service activities intended for the convenience and service of the residents of the district. 19.28.070 Area, lot width and yard requirements. A. The following minimum area, lot width and yard requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.080, and as modified for conditional uses. The minimum requirements shall be designated on the zoning map. Page 186 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 33 Setbacks in Feet District Classification Building Site (sq. ft.) Site Width (ft.) Area per Dwelling (sq. ft.) Front (3) Exterior Side Yard One Interior Side Yard Both Interior Side Yards Rear R-3 7,000 65 1,350(4) 15(1) 10(1) 5(2) 10(2) 15(2) R-3-M 7,000 65 2,000(4) 15(1) 10(1) 5(2) 10(2) 15(2) R-3-T 2,000 22 2,000 15(1) 10(1) 0 0 20 R-3-G 7,000 65 2,500 15(1) 10(1) 5(2) 10(2) 15(2) R-3-H 10,000 80 800 15(1) 10(1) 20(2) 50(2) 20(2) R-3-L 7,000 65 3,500 15(1) 10(1) 5(2) 10(2) 15(2) The following are exceptions to the above chart: 1. Front yards: The front setback shall not be less than that specified on the building line map. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district. 2. Side and rear yards: Side and rear yard requirements shall be increased an additional two feet for 25-foot-high structures (this dimension shall include the roof), and shall be increased at the rate of two feet for each story above 25 feet. Exception: When adjacent to an R-1, R-E or R-2 zone, the side yard setback shall be increased to 15 feet for any structure over one story or 15 feet in height, with an additional two-foot setback required for each story above 25 feet in height. In those cases where the rear yard abuts an R-3, commercial or industrial zone, the Planning Commission may grant up to a 10-foot reduction in the rear yard setback; provided, it is found that the affected open space has been transferred to a more beneficial location on the lot. 3. A front yard of 25 feet shall be required for all parcels fronting upon streets designated as major or secondary thoroughfares on the adopted Chula Vista General Plan; provided, however, that private patios and one-story portions of main buildings not exceeding 15 feet in height shall be permitted within said required front yard exclusive of the front 15 feet of said required front yard which shall be reserved for screening materials and landscaping. Said required front yard setback shall be increased an additional five feet for each story in excess of three stories. 4. The net residential density permitted under the “Area per Dwelling” column of this section’s table is maximum. On lots containing less than 15,000 square feet, the net area required for each dwelling unit established within the R-3 and R-3-M zones shall also be governed by the standards contained within the following table: Area requirements per dwelling unit based upon lot area and the number of bedrooms per dwelling unit Page 187 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 34 REQUIRED AREA PER DWELLING UNIT (Square feet) Lot Area (sq. ft.) Studio and One Bedroom Two Bedroom Three Bedroom Four Bedroom or more R-3 R-3-M R-3 R-3-M R-3 R-3-M R-3 R-3-M 15,000 or more 1,350 2,000 1,430 2,080 1,510 2,160 1,590 2,240 10,000 to 14,999 1,500 2,200 1,580 2,280 1,660 2,360 1,740 2,440 7,000 to 9,999 1,700 2,500 1,780 2,580 1,860 2,660 1,940 2,740 Less than 7,000 2,000 3,000 2,080 3,040 2,160 3,120 2,240 3,200 B. In the R-3, R-3-M, R-3-T, R-3-G, and R-3-L zones, coverage shall not exceed 50 percent of the area of the site. In the R-3-H zone, coverage shall not exceed 25 percent of the site. Section VII. Addition of Findings for Approval for a Design Review Permit. The Chula Vista Municipal Code is hereby amended as follows: 19.14.593 Findings for Approval - Design Review. A. The proposed Project is consistent with the City of Chula Vista’s General Plan, Title 19 of the Municipal Code, Sectional Planning Area, Specific Plan, etc. B. The proposed Project is consistent with the design requirements and recommendations contained in the City of Chula Vista’s Design Manual. C. The project would not adversely affect the health, safety, or general welfare of the community. Section VIII. Revisions to Applicability of a Design Review Permit. The Chula Vista Municipal Code is hereby amended as follows: 19.14.582 Design review approval. A. Plans for the establishment or, location, expansion or alteration of (1) multifamily buildingsstructures in all multifamily residential zones, and (2) nonresidential buildings structures in all commercial and industrial zones, shall require design review by the Planning Commission. Patio covers, shade structures, awnings, and other similar architectural features within these same zones shall not require design review. Page 188 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 35 B. The Planning Commission shall approve, conditionally approve or deny such plans. The Planning Commission shall base its findings and actions on the design review provisions of the affected design manuals of the City. CB. The Zoning Administrator has the discretion, with the concurrence of the applicant, to act in the place of the Planning Commission in the case of minor projects, including new construction or building additions to commercial, industrial, or institutional projects with a total floor area of 2100,000 square feet or less, and residential projects of 1200 units or less. Generally, Tthe Zoning Administrator and/or Planning Commission shall base its findings and actions upon the provisions within Section, andof the affected design manuals of the City. Section IX. Revisions to Standards for SB9 Two-Unit Developments and Urban Lot Split Parcel Maps. The Chula Vista Municipal Code is hereby amended as follows: 19.58.450 Two-unit residential developments and urban lot split parcel maps in single-family zones. Subsections A thru C remains unchanged. D. Development Standards for Two-Unit Residential Development in Single-Family Zones. Two-unit residential developments in single-family zones shall be subject to the following requirements and objective development standards: 1. Number and Size of Units. a. If a parcel includes an existing single-family home, one additional unit may be developed pursuant to this section. b. If a parcel does not include an existing single-family home, or if an existing single-family home is proposed to be demolished in connection with the creation of a two-unit residential development, two units may be developed pursuant to this section. c. No more than four units, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units, may exist on a single- zoned residential parcel on which an Urban Lot Split Parcel Map has been approved. 2. Parking. Off-street parking of up to one space per unit is required, except in either of the following instances: a. The parcel is located within one-half mile walking distance of either a high- quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. Page 189 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 36 b. There is a car share vehicle located within one block of the parcel. 3. Setbacks. a. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. b. For all other dwelling units proposed in connection with a two-unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines. c. Units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance. 4. Design. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit(s) shall utilize the same exterior materials and colors as the existing dwelling unit to the extent practical. 5. Accessory Dwelling Unit Development Exemptions. If an applicant for a dwelling unit developed under CVMC 19.58.022, Accessory dwelling units, seeks to convert the dwelling unit to a two-unit development pursuant to this section, any and all development exemptions granted to the dwelling unit pursuant to CVMC 19.58.022(C)(9) and (C)(13) shall be null and void subject to the final decision of the Director of Development Services. 6. Short-Term Rental Prohibition. Dwelling units created pursuant to this section shall have rental terms of 30 days or longer and shall not be considered eligible for Short-Term Rental pursuant to CVMC 5.68.050. E. Urban Lot Split Parcel Map in Single-Family Zones. A proposed parcel map for an urban lot split within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed parcel map meets all of the following requirements: 1. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. 2. Both newly created parcels are no smaller than 1,200 square feet. 3. The parcel being subdivided meets all the following requirements: Page 190 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 37 a. The parcel is located within a single-family residential zone as defined in Chapter 19.22 CVMC, R-E – Residential Estates Zone, and Chapter 19.24 CVMC, R-1 – Single-Family Residence Zone. b. The parcel subject to the proposed urban lot split complies with all provisions of subsections (C) and (D) of this section. c. The parcel has not been established through prior exercise of an urban lot split as provided for in this section. d. Neither the owner of the parcel being subdivided, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. e. The parcel conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), except as otherwise expressly provided in this section. 4. Any parcel created by this section shall be used for residential purposes only. 5. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Director of Development Services Department, or their designee. 6. No more than four total units are allowed on an approved Urban Lot Split Parcel Map, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units. This can either mean two units on each parcel, or, one unit on one parcel and three units on the other parcel. 67. Units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in subsection (D)(3) of this section. 78. Parking spaces for new units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be provided in accordance with subsection (D)(2) of this section. 89. Prior to the issuance of a building permit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees. The covenant shall notify future owners of the owner occupancy requirements, the approved size and attributes of the units, and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two total units may be permitted on any single parcel created using the Urban Lot Split Parcel Map procedures. If an Urban Lot Split Parcel Map was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter. Page 191 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 38 This covenant shall remain in effect so long as a two-unit residential development exists on the parcel. 910. The Urban Lot Split Subdivision shall comply with all requirements of CVMC Title 18, Subdivisions, and the California Subdivision Map Act except as expressly modified by this chapter. 1011. An applicant for an Urban Lot Split Parcel Map shall sign an affidavit, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees, stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split Parcel Map. This subdivision shall not apply to an applicant that is a “community land trust,” as defined in Section 402.1(a)(11)(C)(ii) of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. 121. Notwithstanding Section 66411.1 of the Government Code, the City shall not impose regulations that require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. 132. Preliminary Title Report. There shall be filed with each Urban Lot Split Parcel Map a current preliminary title report of the property being subdivided or altered. 143. Additional Subdivisions Prohibited. No further subdivision of parcels created using the Urban Lot Split Parcel Map or Urban Lot Split Subdivision procedures of this chapter shall be permitted. 154. The parcels created by this section shall have access to, provide access to, or adjoin the public right-of-way. The rest of this Section remains unchanged. Section X. Revisions to the Reconstruction of Nonresidential, Legal Non-Conforming Structures. The Chula Vista Municipal Code is hereby amended as follows: 19.64.160 Previously conforming structure – Replacement – Nonresidential. A. A previously conforming nonresidential structure, whether to be replaced by the exact same structure and/or use, or, incurreding damage by fire, explosion, wind, earthquake, war, riot, or other calamity or act of God, which damage does not exceed 60 percent of its value, as established by the City Manager or designee, at the time of damage, may be reconstructed subject to the conditions in CVMC 19.64.170. Page 192 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 39 1. Notwithstanding subsection (A) of this section, reconstruction shall not be permitted in the City right-of-way. B. In no event shall a previously conforming nonresidential structure incurring damage exceeding 60 percent of its value, as established by the City Manager or designee, at the time of damage, be reconstructed or restored to its condition prior to such damage. Section XI. Revisions to Processing Procedures for Planned Sign Programs (PSPs). The Chula Vista Municipal Code is hereby amended as follows: 19.60.050 Standard provisions. Subsections A thru I remain unchanged. J. Sign Programs. Sign programs, voluntarily proposed for specific developments, as well as special sign districts or special sign overlay zone, when approved by the Zoning AdministratorPlanning Commission or the City Council may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other noncommunicative aspects of signs, but may not override or modify any of these standard provisions. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. Section XII. Revisions to Home Occupation Permit Standards. The Chula Vista Municipal Code is hereby amended as follows: 19.14.490 Home occupations – Permit required when – Restrictions and requirements – Revocation when – Appeals. In any R zone, a customary home occupation may be permitted subject to a home occupation permit granted by the Development Services DepartmentDirector which is merely incidental and secondary to residence use. Each such permit shall be accompanied by the required filing fee(s). The following are typical home occupations: fine arts, handicrafts, dressmaking, millinery, laundering, preserving, home cooking, route salesman; or office of a doctor, dentist, lawyer, architect, engineer, teacher or member of another recognized profession. In approving a home occupation permit, the Development Services Department must find that the use can be conducted safely, will not have an adverse effect on the neighborhood or other adjacent uses, and can reasonably be expected to conform to the following restrictions: The home occupation shall not: A. No use shall create or cause noise, dust, vibration, smell, glare or electrical interference or other hazards or nuisances. B. No employees other than residents of the dwelling shall be allowed in connection with a home occupation. (Babysitters or domestic servants are not considered employees of a home occupation.) Page 193 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 40 C. There shall be no clients or customers on the premises at any time, except where the Development Services Department determines that limited customer traffic may be warranted due to the nature of the business. D. If a home occupation is to be conducted on rental property, the property owner's authorization for the proposed use shall be obtained prior to the issuance of a home occupation permit. E. Where the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored and sold directly to customers at an off-premises location. F. There shall be no use of material or mechanical equipment not recognized as being part of a normal household or hobby use. G. No vehicle larger than a one-ton, four-wheel truck may be used in connection with a home occupation. H. Activities conducted, and equipment or material used, shall not change the fire safety or occupancy classifications of the premises nor use utilities in amounts greater than normally provided for residential use. I. There shall be no direct (in-person) sale of products or services on the premises. J. The use shall not involve the special use of commercial vehicles for delivery to or from the premises. K. There shall be no storage of material and/or supplies, indoor or outdoor for purposes other than those permitted in the residential zone. L. The home occupation shall not be identified by a sign. M. A structure or space outside of the main building or an accessory structure, including the garage, may be used for home occupation purposes. Whenever a garage is used, the home occupation shall not reduce the required parking area as established in Section 19.62.050. N. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which causes the premises to differ from its residential character either by use of colors, materials or construction, lighting, signs, sounds or noises, vibrations, or similar distinctive workings. O. The Development Services Department may impose such conditions on the issuance of the permit as are necessary to ensure that the use will have no adverse effect on the neighborhood, and it shall be unlawful for a home occupation to be carried on in violation of such conditions or so as not to conform with the requirements of this Section. Page 194 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 41 Involve the use of power equipment using motors of more than a total of one horsepower capacity or the equivalent thereof, unless a use permit therefor shall have been issued by the Planning Commission; B. Generate vehicular traffic in excess of that associated with a residential use; C. Create a nuisance by reason of noise, dust, odor, vibration, fumes, smoke, electrical interference, or other causes; D. Permit any external display of products, merchandise, or any sign to identify the home occupation. A home occupation permit shall be revoked by the Director of Development Services upon violation of any requirement of this chapter, or of any condition or limitation of any permit issued, unless such violation is corrected within 15 days of notice of such violation, and any such permit ma y be revoked for repeated violation of the requirements of this section or of the conditions of such permit. In the event of denial of any permit, or the revocation thereof, or of objection to the limitations placed thereon, an interested party may then appeal the determination within 10 business days to the Planning Commission by filing a written statement with the Development Services Department, stating the reasons for appeal. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than 30 calendar days to set the matter for public hearing in front of the Planning Commission. The meeting date shall also be no more than 60 calendar days from the application’s filing date. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Director of Development Services. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the Planning Commission shall be final. Section XIII. Addition of Storage Standards for Recreational Vehicles. The Chula Vista Municipal Code is hereby amended as follows: 19.58.400 Recreational vehicle storage yards. 1. An application to establish a recreational vehicle (RV) storage yard (storage area for motorhomes, camping trailers, boats and other recreation equipment) shall address the following issues: (1) height limit for stored items, (2) screening (landscaping and fencing), (3) surfacing, (4) access to the site, (5) office facilities, (6) customer parking, (7) lighting, (8) hours of operation, (9) security, (10) signing, (11) surrounding land uses and structures. The application shall also be accompanied by a comprehensive list of items which would be eligible for storage. Any subsequent additions to the list shall be subject to the approval of the Director of Development Services, or designee. The approval of an RV storage yard grantedjudged by the Planning Commission to represent an interim use of land based upon zoning, development patterns, and/or Page 195 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 42 pending plans in the area shall be subject to a review and report filed each year by the owner with the Development Services DepartmentCity Zoning Administrator. Failure to file the report or abide by the conditions of approval shall cause the matter to be set for a rehearing before the Planning Commission to consider revocation of the permit or other appropriate corrective action. Permits for interim RV storage yards shall be granted for a maximum period of five years with extensions subject to rehearing before the Planning Commission. 2. Recreational vehicles, specifically motorhomes and camping trailers, parked on a residentially-zoned property (R districts) or a property with a residential use, shall not be used as a dwelling, permanent or temporary. i. No more than a total of two (2) motorhomes or camping trailers shall be parked at any time on a residentially-zoned property (R districts) or a property with a residential use. Section XIV. Addition of Section Pertaining to Processing Modifications of Previously-Approved Discretionary Permits (Substantial Conformance Review). The Chula Vista Municipal Code is hereby amended as follows: Section 19.14.860. Substantial Conformance Review. A. The Zoning Administrator may approve minor changes to a previously-approved discretionary permit at the administrative level (and without a public hearing) if the proposed changes are in substantial conformance with the existing permit and would not require any additional environmental analysis. Such proposed changes shall not significantly affect the design, intensity or intent of the approved project or reduce any requirement intended to mitigate an environmental effect, alter any public improvement or facility or conditions for which other properties or developments may rely, nor have an adverse effect upon public health, safety, or welfare. B. Application Submittal. Applications for substantial conformance review shall be filed with the Development Services Department on a form prescribed by the Director of Development Services, and, accompanied by fees as set forth within the City’s Master Fee Schedule. C. A substantial conformance determination may include: 1. Structural additions to non-residential projects of no greater than ten (10) percent of the total floor area. 2. Structural additions or alterations to existing residential projects that add no additional units. 3. Changes to parking and circulation configurations which do not change the basic parking areas or circulation concept or reduce the number of parking spaces. Page 196 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 43 4. Landscape modifications which do not alter the general concept or reduce the effective amount of landscaping. 5. Architectural or exterior material or color changes which do not change the basic form and theme of an existing building, do not change the location of windows or doors, or conflict with the original architectural form and theme of an existing building. 6. Other requests similar to the above-listed changes, as determined by the Zoning Administrator. D. Approval. No official notice of decision is required for determinations of substantial conformance. The approval period shall be valid until the expiration of the original permit, unless an extension of time has been granted. Section XV. Addition of Regulations Pertaining to Temporary and Permanent Storage Containers. The Chula Vista Municipal Code is hereby amended as follows: 19.58.445 – Portable Storage and Shipping Containers A. Purpose and Scope. The purpose of this chapter is to establish minimum development standards for the placement and maintenance of portable shipping and storage containers within the City in order to maintain the aesthetic appearance of the city, preserve property values, and protect the public health, safety and welfare. These standards are in addition to Federal, State, and local laws and regulations. Wherever there is a conflict between this chapter and other laws or regulations, the more restrictive standard shall apply. B. Definitions. For the purposes of this Section, the following definitions shall apply: 1) “Portable storage container” means a container typically no larger than eight feet by eight and one-half feet by sixteen (16) feet, and, transported to a designated location for temporary storage purposes. Examples include, but are not limited to, Portable On Demand Storage (“PODS”) and U-Haul “U-Box” containers. 2) “Shipping container” means an industrial, portable vessel typically not greater than forty (40) feet in length, intended for the large-scale shipping or transportation of goods or commodities, and generally designed to be mounted on a rail car, truck, or ship. C. Allowed uses. The use of portable storage containers and shipping containers shall comply with the regulations applicable to the zoning district in which they are used. Failure to abide by these regulations shall be subject to fine and nuisance abatement pursuant to Chapter 1.30. 1) Residential Districts (R districts). Page 197 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 44 a. Shipping containers shall not be allowed in any residential zoning district, except in conjunction with active construction permit. b. Portable storage containers shall be permitted in any residential zoning district if only confined solely within an existing driveway, or, within the public right-of-way with an approved temporary encroachment permit. 2) Commercial Districts (C districts). a. Shipping containers shall be permitted as an accessory use in the C-T and C-C zones, subject to the standards set forth in this Section. b. Portable storage containers shall be permitted in any commercial zoning district, including the C-T and C-C zones, subject to the standards set forth in this Section. 3) Industrial Districts (I zones). a. Within the I-L and I zones, shipping containers shall be permitted by right as either an accessory use, or, a principal use with an approved Design Review Permit, subject to the standards set forth in this Section. 4) Other Districts Not Specified. Shipping containers and portable storage containers are prohibited unless expressly allowed. E. Vacant Properties. Shipping containers and portable storage containers shall not be allowed on otherwise vacant parcels in any zoning district except when used in conjunction with construction executed in compliance with an approved construction permit from the City, placed on the same parcel as the construction, and subject to standards set forth in this Section. F. Notwithstanding any other provision of this chapter, shipping containers and portable storage containers used by the city for a municipal purpose shall not be subject to the standards of this chapter. Such shipping containers and portable storage containers should be located and appropriately screened to minimize visual impacts on the community. G. Existing shipping containers that are placed on municipal properties with the express permission of the underlying land owner(s) as of the effective date of this chapter shall be considered a legal nonconforming use and allowed; provided, however, owners of such a container shall screen the container from the public right-of-way as best as possible. Examples include decorative fencing or landscaping, painting a mural on the container, or relocating the container. H. Development Standards – Portable Storage Containers. Use of portable storage containers shall be subject to the following limitations and approval of a temporary use permit from the city. Page 198 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 45 1) Frequency. No more than one portable storage container shall be placed on a single lot or parcel of land within a residential zone. 2) Location. Portable storage containers shall be placed on private property, and not within the public right-of-way. If the subject property does not have a driveway, a portable storage container may be placed in the public right-of- way with an approved temporary encroachment permit. 3) Duration. Portable storage containers placed on private property shall not remain longer than thirty (30) consecutive calendar days. Portable storage containers placed within the public right-of-way with an approved temporary encroachment permit shall not remain longer than fourteen (14) consecutive calendar days. Under no circumstances may a portable storage container be allowed on the same lot or parcel for more than ninety (90) total days in a calendar year. 4) Use. Portable storage containers shall only be used for the storage of goods, materials, equipment, or property. Portable storage containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Non-storage use of portable storage containers is not allowed. 5) Permittee Responsibilities. The permitee shall be responsible for ensuring that the portable storage container is removed in a safe manner and that no debris or materials remain on or around the portable storage container site. I. Development standards—Shipping containers. Use of shipping containers shall be subject to the following limitations. 1) General Standards. a. Use. Shipping containers shall only be used for the storage of goods, materials, equipment, or property associated with the principal use of the parcel on which the container is located. Shipping containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Non-storage use of shipping containers as a principal use within an industrial zone may be allowed if approved pursuant to this Section. b. Maximum Height. If not stacked, shipping containers shall not exceed nine (9) feet in height. Stacked shipping containers shall not be more than two containers high, or a maximum of twenty (20) feet, and placed on a surface that can withstand its weight. c. Location. Shipping containers shall be placed on the parcel and proximate to other structures on the parcel pursuant to fire code regulations and this Page 199 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 46 Code, including setbacks from property lines and other location requirements for accessory structures. The Zoning Administrator shall review and approve any changes to setbacks if the applicant can establish that such use will not be detrimental to the community welfare or safety of the property and surrounding uses. d. Signage. No advertising is allowed on or otherwise in conjunction with a shipping container. The exception to this is if the manufacturer’s name is printed on the container. e. Exterior Façade. Shipping containers shall not display signage beyond that required by law and shall be kept free of graffiti. Any graffiti shall be removed within seven calendar days of discovery. 2) Commercial Districts. a. Frequency. A maximum of two containers on a single lot or parcel of land. Stacking is prohibited. b. Buffer from Residential Districts. Shipping containers shall not be located within three hundred (300) feet of an existing residential district. c. Screening. Shipping containers shall be fully screened from public view. Screening may include, but is not limited to, walls or solid fencing, or fast- growing landscaping. 3) Industrial Districts. a. Frequency. i. Principal Use. Where the principal use of the parcel is a business that sells, leases, or places shipping containers at locations and does not provide on-site storage of goods or commodities as a service there is no frequency limit, provided the shipping containers meet the standards set forth in this Section. Stacking is permitted with height not to exceed twenty (20) feet. b. Accessory Use. i. A shipping container shall not be allowed as an accessory use on a single lot or parcel that is less than one acre. ii. No more than fifteen (15) shipping containers shall be allowed as an accessory use on a single lot or parcel that is greater than one acre. Stacking is permitted with height not to exceed twenty-five (25) feet. iii. A parcel may contain more shipping containers than permitted by obtaining a conditional use permit, and approval by the Planning Page 200 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 47 Commission, who, when approving such permit, shall make the following findings: A. The shipping containers shall not pose a threat to the public health, safety, or welfare due to their placement, frequency, or condition. B. The shipping containers shall be placed in accordance with fire and building code standards. C. The shipping containers are, and shall remain, in good repair such that no container, due to its structural condition, contents, immediate surroundings, or other condition, contributes to visual blight or nuisance conditions. D. The applicant shall reduce any potential for visual blight or nuisance conditions and shall implement and maintain those improvements at all times. Such improvements may include any enhancements deemed acceptable and appropriate by the City. iii. Setbacks. Stacked shipping containers shall be placed at least one hundred and fifty (150) feet from any public right-of-way. Non- stacked shipping containers shall be placed at least one hundred (100) feet from any public right-of-way. iv. Buffer from Residential Districts. Shipping containers shall not be placed within five hundred (500) feet of any residential district. J. Temporary use of shipping containers. Shipping containers shall be allowed in all zones on a temporary basis subject when utilized during construction operations for the parcel, pursuant to an approved construction permit, and, when utilized solely for the storage of supplies and equipment used for such construction operations. Removal of the container shall occur either upon occupancy of the building or expiration of the construction permit, whichever occurs first. K. Nonconforming uses—Portable storage and shipping containers. 1) Unless otherwise provided by this chapter, all illegal, nonconforming uses of shipping containers and portable storage containers within the city as of the date of the adoption of this chapter are prohibited and may be subject to citation, fine, or abatement pursuant to Chapter 1.30, or other civil or criminal penalties. 2) A shipping container constructed or placed prior to the date of adoption of this chapter shall be allowed to continue provided that the shipping container meets the following conditions: Page 201 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 48 a. The shipping container is on a parcel in an industrial zone. a.b. The shipping container, nor use of the container, is not modified, increased, enlarged, or extended beyond that in existence on the date of adoption of this chapter. Section XVI. Addition of Section Regarding Development Project Compliance with Trash Hauling Design Standards. The Chula Vista Municipal Code is hereby amended as follows: 19.58.500 Trash Hauling Requirements for New Development Projects. A. The construction of new single-family residential, multi-family residential, and mixed- use projects shall comply with the City’s Recycling and Solid Waste Planning Manual, originally adopted by City Council Resolution 2005-023, as amended from time to time. Section XVII. Revisions to the Zoning Administrator’s Authority to Make Use Determinations. The Chula Vista Municipal Code is hereby amended as follows: 19.14.025 Zoning Administrator – Determination of similar uses. A. Determination of Similar Uses. The Zoning Administrator may determine that a proposed use not listed in the zoning district as permitted or conditionally permitted is allowable, if all of the following findings are made: 1. The characteristics of, and activities associated with, the proposed use are equivalent to one or more of the listed uses; 2. The proposed use will be consistent with the purposes of the applicable zoning district; and 3. The proposed use will be consistent with the General Plan and any applicable specific plan. When the Zoning Administrator determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this title apply. The Zoning Administrator is granted wider authority to allow unlisted land uses in different zones subject to specific findings being made. Section XVIII. Repeal the Initiation Process to Amend Certain Policy Planning Documents. The Chula Vista Municipal Code is hereby amended as follows: Page 202 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 49 19.14.800 Initiation of amendments to the General Plan, sectional planning area plans, general development plans, specific plans, and precise plans and rezonings. 19.14.810 Purpose of initiation procedures. The purpose of these procedures is to establish a process for the initiation of General Plan, sectional planning area plans, general development plans, specific plans, and precise plans (land use plan amendments) or rezoning of any property within the City of Chula Vista. The initiation process is intended to seek Planning Commission or City Council direction on whether to commit City resources to potentially make changes to a land use plan or to rezone property within the City of Chula Vista. The initiation process is not intended for every proposed land use plan amendment or rezoning of property and City staff are hereby exempted from it. It is only intended for land use plan amendments proposed by a private person that from the outset may or may not have the support of staff, and as such are being referred to the Planning Commission or City Council for review. 19.14.815 Initiation approval does not constitute project approval. The City Council hereby finds that these procedures do not commit the City to any definite course of action, including, but not limited to, approval or denial of any proposed land use plan amendments or rezoning prior to California Environmental Quality Act (CEQA) review being conducted. Rather, these procedures set forth the City’s intent to give staff direction to further explore the merits of any proposed land use plan amendment or rezone commensurate with the submittal of a future project. Notwithstanding the foregoing, nothing in these procedures will be construed as circumscribing or limiting the City’s exercise of discretion with respect to any future land use plan amendment or rezone in connection with a project. Any and all future discretionary actions may be exercised in the sole and absolute discretion of the City. The party requesting a potential land use plan amendment or rezone assumes the risk, and in accordance with the application for initiation, shall waive, release, defend, protect and indemnify the City from and against any claims alleging City approval of the initiation approval request constituted an approval of the proposed land use plan amendment or rezoning. 19.14.820 When an initiation application is required. Subject to applicable laws, the City is under no obligation to process a private request for a land use plan amendment or rezoning. A private proposal to amend a land use plan or to rezone any property in the City may be requested for City approval by filing an application for initiation. 19.14.830 Initiation application process. An initiation application for a land use plan amendment or rezone shall be filed with the City Manager, or designee, in accordance with the following requirements: A. Authority to File an Application. The following persons are deemed to have the authority to file an application: Page 203 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 50 1. The record owner of the real property that is the subject of the land use plan amendment or rezone; 2. The property owner’s authorized agent; or 3. Subject to the City Manager’s approval, any other person who can demonstrate a legal right, interest, or entitlement to the use of the real property subject to the application. B. Submittal Requirements. The application shall be made on a form provided by the City Manager and shall be accompanied by the materials, information, fees, and deposits that are required on the date the application is filed. The application shall be deemed complete when the department processing the application has determined that the application includes all of the information, materials, fees, and deposits required by this section. The City may, in the course of processing the application, request that the applicant clarify, simplify, or provide in alternate format or medium, the information required for the application. C. Materials and Information. The City Manager shall maintain a list specifying the materials and information to be submitted with each initiation application for a land use plan amendment or a rezone. The list may be revised on a quarterly basis or as needed to comply with revisions to local, state, or federal law, regulation, or policy. The subject list shall be available at the Development Services Department and shall apply to all applications submitted. 19.14.840 Criteria for approval of an initiation of amendments to land use plans or rezone. An application of initiation of an amendment to a land use plan or zone may be approved by the Planning Commission or City Council if all of the following criteria are met: A. The proposed land use plan amendment or rezone is consistent with the goals and policies of the General Plan; B. The proposed land use plan amendment or rezone provides equal or greater public benefit to the community as compared to the existing land use designation, density/intensity range, or plan policy; and C. Public facilities are available to serve the proposed change in land use designation or density/intensity, or their provision will be addressed as a component of the land use plan amendment or rezoning process. 19.14.850 Process for approval of an initiation of land use plan amendment or rezone. Land use plan amendment or rezoning initiation requests shall be decided by Planning Commission or City Council at a public hearing noticed in accordance with CVMC 19.12.070. The decision shall be limited to whether staff should be directed to accept a Page 204 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 51 formal application for a land use plan amendment or rezone and to bring the action and appropriate environmental review through the Planning Commission for recommendation and to City Council for final consideration at a future date. Initiation actions shall not commit staff nor future decision makers to a specific recommendation on the proposal or to any specific future action. The Planning Commission and City Council reserve the right to exercise their police power and land use authority with respect to any future land use plan amendment or rezone in their sole and absolute discretion as required by and in accordance with applicable laws. Initiation requests shall be heard by City Council within 40 business days from the date the initiation application is deemed complete. A staff review of the application of this chapter to specific initiation requests should be conducted within a year of the effective date of the ordinance codified in this chapter. The results of this review shall be provided to Planning Commission and City Council upon request. Section XIV. 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 XV. 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 XVI. Effective Date This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final passage. Section XVII. Publication. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Page 205 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 52 Presented by Approved as to form By: Laura C. Black, AICP Marco Verdugo Director of Development Services City Attorney Page 206 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda RESOLUTION NO. 2024-09 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE (CVMC) TITLE 8 HEALTH AND SANITATION), TITLE 12 (STREETS AND SIDEWALKS), TITLE 13 (SEWERS), TITLE 15 (BUILDINGS AND CONSTRUCTION), TITLE 18 (SUBDIVISIONS), AND TITLE 19 (PLANNING AND ZONING) WHEREAS, necessary amendments to the Chula Vista Municipal Code (“CVMC”) have been identified to help further streamline and clarify permit processes/regulations, and comply with State Law; and WHEREAS, in 2009, the Development Services Oversight Committee (“Oversight Committee”) was formed to work with staff in identifying areas within the Development Services Department needing improvement and assisting in developing workable solutions; and WHEREAS, staff presented the draft code amendments to the Oversight Committee, which recommended adoption; and WHEREAS, the Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (“CEQA”) and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including relating the addition of findings of approval for certain discretionary permits, creating additional standards for home occupations, changing the permitting authority of permits governing the public right -of- way, and streamlining processing procedures for certain discretionary permits. 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; and 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 that it hereby recommends that the City Council of the City of Chula Vista adopt the proposed amendments to DocuSign Envelope ID: 51ACB414-9566-4D6E-8168-91680C4C19C2 Page 207 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Resolution No. 2024-09 Page No. 2 Chula Vista Municipal Code CVMC Title 8, Title 12, Title 13, Title 15, Title 18, and Title 19, related to streamlined improvements for both the overall City and specifically the Development Services Department. This adoption also included the following revisions to the proposed amendments (Exhibit 1): Design Review Permit Thresholds: Updating the decision-maker threshold of Planning Commission decisions from projects containing 10 residential units, or more, and non- residential use projects of 20,000 square feet, or more, to projects containing 80 residential units, or more, and non-residential use projects of 50,000 square feet, or more (CVMC Section 19.14.582(B)). Accessory Dwelling Units: 1) Removal of owner-occupancy requirements in CVMC 19.58.022(C)(12); 2) Removal of the “50 percent of the primary house” language in CVMC 19.58.022(C)(3)(a), clarifying the city’s intent in setting maximum sizes of studio/one- bedroom ADUs at 850 square feet, and 1,000 square feet for ADUs with more than one bedroom. Senate Bill 9 Urban Lot Splits: Removal of the owner-occupancy requirement as reflected in CVMC 19.58.450(E)(11). BE IT FURTHER RESOLVED by the Planning Commission that it hereby recommends that the City Council of the City of Chula Vista find that the proposed amendments to the Chula Vista Municipal Code identified in this Resolution qualify for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including relating the addition of findings of approval for certain discretionary permits, creating additional standards for home occupations, changing the permitting authority of permits governing the public right-of-way, and streamlining processing procedures for certain discretionary permits. 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. SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: 51ACB414-9566-4D6E-8168-91680C4C19C2 Page 208 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda esolution No. 2024-09 Page No. 3 Presented by Approved as to form by Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney PASSED, APPROVED and ADOPTED by the Planning Commission of the City of Chula Vista, California, this 8th day of May 2024, by the following vote: AYES: Commissioners: Combs, Felber, Leal, Torres, Zaker and De La Rosa NOES: Commissioners: None ABSENT: Commissioners: Burroughs Michael De La Rosa, Chair ATTEST: Mariluz Zepeda, Commission Secretary DocuSign Envelope ID: 51ACB414-9566-4D6E-8168-91680C4C19C2 For Page 209 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Resolution No. 2024-09 Page No. 4 EXHIBIT 1 CVMC Section 19.14.582(B) shall be amended as follows: B. The Zoning Administrator has the discretion, with the concurrence of the applicant, to act in the place of the Planning Commission in the case of minor projects, including new construction or building additions to commercial, industrial, or institutional projects with a total floor area of 50,000 square feet or less, and residential projects of 80 units or less. Generally, the Zoning Administrator and/or Planning Commission shall base its findings and actions upon the provisions within this Section, and the affected design manuals of the City. CVMC Section 19.58.022(C)(3)(a) shall be amended as follows: C. Accessory dwelling units shall be subject to the following requirements and development standards: 3. Unit Size. Accessory dwelling units shall conform to the following size requirements: a. The total floor area for an attached accessory dwelling unit shall not exceed 50 percent of the total floor area of the proposed or existing primary residence, or 850 square feet for a one- bedroom unit and 1,000 square feet for a unit with more than one bedroom, whichever is greater. CVMC 19.58.022(C)(12) shall be amended as follows: C. Accessory dwelling units shall be subject to the following requirements and development standards: 12. Occupancy Requirement. At the time of building permit submittal, and continuously thereafter, the property owner(s) shall reside on the lot on which the accessory dwelling unit is located or constructed. The Zoning Administrator shall have the authority to suspend this occupancy requirement for a period not to exceed five years when evidence has been submitted that one of the following situations exists: a. The property owner’s health requires them to temporarily live in an assisted living or nursing facility. b. The property owner is required to live outside the San Diego region as a condition of employment or military service. DocuSign Envelope ID: 51ACB414-9566-4D6E-8168-91680C4C19C2 Page 210 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Resolution No. 2024-09 Page No. 5 c. The property owner is required to live elsewhere to care for an immediate family member. d. The property owner has received the property as the result of the settlement of an estate. This subsection (C)(12) shall be held in abeyance until January 1, 2025. CVMC 19.58.450(E)(11) shall be amended as follows: E. Urban Lot Split Parcel Map in Single-Family Zones. A proposed parcel map for an urban lot split within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed parcel map meets all of the following requirements: 11. An applicant for an Urban Lot Split Parcel Map shall sign an affidavit, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees, stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split Parcel Map. This subdivision shall not apply to an applicant that is a “community land trust,” as defined in Section 402.1(a)(11)(C)(ii) of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. DocuSign Envelope ID: 51ACB414-9566-4D6E-8168-91680C4C19C2 Page 211 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #2 Title 12 STREETS AND SIDEWALKS Chapter 12.08 STREET OVERLOADS Sections: 12.08.010 Overweight vehicles – Permit required. 12.08.020 Overweight vehicles – Conditions for granting permit. 12.08.030 Overweight vehicles – Permit recordkeeping required. 12.08.010 Overweight vehicles – Permit required. No person shall move or operate upon any of the City streets any vehicle with a load or loads in excess of those permitted by the Vehicle Code without a written permit from the City Engineer or designee. 12.08.020 Overweight vehicles – Conditions for granting permit. The City Engineer or designee may, by written permit, authorize a load or loads in excess of those allowed in the Vehicle Code if, in his judgment, the streets upon which such vehicle is to be operated can safely withstand the additional weight and if the applicant will guarantee to the City that all costs of repair to the streets or to the public property of the City damaged by the movement of such load or loads will be paid in full. Such permit will be granted upon such conditions and upon the deposit of such bond as the City Engineer or designee may require. 12.08.030 Overweight vehicles – Permit recordkeeping required. Upon the issuance of a permit as authorized in this section, the City Engineer or designee shall cause to be filed with the Chief of Police a copy thereof, describing the vehicle or vehicles covered by such Page 212 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #2 permit, the load or loads, the time during which such permit will be in effect, and the streets or routes to be used. Chapter 12.40 STREET VACATIONS Sections: 12.40.010 Statutory regulations applicable – Public hearing procedure – Investigation. 12.40.010 Statutory regulations applicable – Public hearing procedure – Investigation. In order to comply with the State Planning Act, the Street Vacation Act of 1941, and the Public Service Easement Vacation Law of the state, it is necessary to hold a public hearing prior to the vacation of any dedicated street or easement within the City. As a preliminary to said hearings, the City Engineer, in collaboration with the Director of Development Services and the Director of Public Works,ing Department and the City Planning Department shall conduct reasonable investigations to ascertain whether or not the public interest would be served by closing or vacating a specific street or portion thereof, or by the vacating of a specific easement in said City. It is the purpose and intent of the City Council to establish fees which shall be paid by the petitioner upon the filing of a request for the processing of an application for such street or easement vacations, in order to reimburse the City for expenses incurred. Page 213 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #3 Chapter 8.24 SOLID WASTE Sections: 8.24.180 Payment of solid waste collection charges – Penalty for delinquency. 8.24.180 Payment of solid waste collection charges – Penalty for delinquency. F. Lien Process for Solid Waste Services. 1. Hearing and Lien – Notice. When the full amount for said Solid Waste service charge is not paid within 15 days after the final notice of delinquency, the City Clerk may set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting, which will be held at least seven calendar days after such 15-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing at least 10 days in advance of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once at least 10 days in advance thereof in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing, in a conspicuous place at or near the entrance of the Council chambers in the City Hall. 2. Delinquent Accounts – Hearing and Assessment. The City Council shall consider said delinquent accounts at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the charges may present a written or oral protest or objection to the delinquency of said account or the amount owed thereon. At the conclusion of the hearing, the City Council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the City Council. The decision of the City Council on the charges and on all protests or objections shall be final and conclusive. The amounts so approved shall reflect the entire amount due, including all penalties, interest, and administrative fees that have accrued against the account as of the date of the hearing plus any county fees (for processing and collecting the lien). The amount shall be charged to the property owner on the next regular tax bill and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause the same to be recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property. The City Council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. 3. Delinquent Accounts – Administrative Fee. All delinquent accounts that are not paid within 10 days after the final delinquency notice has been posted may be charged an administrative Page 214 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #3 processing fee to offset the costs incurred by the City in administering the provisions of this chapter. The administrative processing fee (designated for administrative convenience only in the master fee schedule) shall be added to the amount that shall be charged to the property owner on the next regular tax bill under subsection (F)(2) of this section. Chapter 12.40 STREET VACATIONS Sections: 12.40.060 Appeal – Decision authority. 12.40.060 Appeal – Decision authority. Upon receipt of such appeal, the City Clerk shall take no longer than 30 calendar days to place the matter upon the agenda of a regularly scheduled meeting of the City Council. The meeting date shall also be no more than 60 calendar days from the application’s filing date. The decision of the City Council shall be final. Chapter 13.14 FEES Sections: 13.14.150 Payment of sewer service and pump station charges – Penalty for delinquency – Discontinuance of service – When – Unlawful connection – Backbilling and penalty. 13.14.150 Payment of sewer service and pump station charges – Penalty for delinquency – Discontinuance of service – When – Unlawful connection – Backbilling and penalty. F. Notice of Delinquency – Hearing and Lien. When the full amount for said sewer service charge is not paid within 60 days after the final date of payment, the City Clerk shall set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting which will be held at least seven calendar days after such 60-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the Page 215 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #3 amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once, at least 10 days in advance thereof, in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing in a conspicuous place at or near the entrance of the Council Chambers in the City Hall. Chapter 15.50 REIMBURSEMENT REQUIREMENTS AND PROCEDURES FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS Sections: 15.50.040 Request for reimbursement agreement. 15.50.040 Request for reimbursement agreement. Whenever a developer is required to install or replace such public improvements or whenever the City may have participated in the costs of such improvements which either the developer or the City feels will be of benefit to property other than his own, which properties are not subject to an assessment for such costs under a public improvement proceeding, the developer or the City may request that the City Council form a reimbursement district. The request shall be in writing and filed with the City Clerk who shall place it on the agenda of the next regular meeting of the City Council. Chapter 18.16 FINAL MAPS Sections: 18.16.170 Approval – Prerequisites – Notice. 18.16.170 Approval – Prerequisites – Notice. Pursuant to Government Code 66458(d) the City Engineer shall notify Council at its next regular meeting after the City Engineer receives an approvable final map package that the final map is being reviewed for final approval. The City Clerk shall notice any final maps under final review on the City Council agenda and shall notify any interested parties who have requested notice. Page 216 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #3 Chapter 19.14 ADMINISTRATIVE PROCEDURES – PERMITS – APPLICATIONS – HEARINGS – APPEALS Sections: 19.14.588 Design review – Appeal procedure. 19.14.588 Design review – Appeal procedure. A. An interested party may file an appeal from the decision of the Zoning Administrator to the Planning Commission within 10 business days after the decision is made. The appeal shall be in writing and filed with the Development Services Department on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Zoning Administrator. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the Planning Commission shall be final. B. An interested party may file an appeal from the decision of the Planning Commission to the City Council within 10 business days after the decision is made. The appeal shall be in writing and filed with the City Clerk on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the City Clerk shall take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled City Council meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission or Zoning Administrator for minor projects. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the City Council shall be final. Page 217 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #3 Chapter 19.52 T – TIDELANDS ZONE Sections: 19.52.040 Procedures following Planning Commission decision – Appeals. 19.52.040 Procedures following Planning Commission decision – Appeals. A. After decision by the Planning Commission, copies thereof shall be mailed to the applicant and to any party filing a written notice therefor with the secretary of the Commission or the Director of Planning and Building, and the application and any supporting documents, together with the written decision of the Planning Commission, shall be forwarded to the City Clerk, who shall cause same to be placed upon the agenda of a regular meeting of the City Council within 15 days after receipt thereof. B. If the applicant or any other interested party is dissatisfied with the decision of the Planning Commission, such person may file a notice of appeal within 10 days from the date such notification of the Planning Commission’s decision was mailed to the applicant. Such notice of appeal shall be filed with the City Clerk. Such appeal shall be in writing and shall state wherein the appellant feels the Planning Commission’s decision was in error, and his reasons therefor. Page 218 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #4 19.58.450 Two-unit residential developments and urban lot split parcel maps in single-family zones. A. The purpose of this section is to provide regulations for the establishment of two-unit residential developments and urban lot split parcel maps in single-family zones, to define the approval process for such two-unit residential developments and urban lot split parcel maps in compliance with, inter alia, Section 65852.21 of the Government Code. Two-unit residential developments and urban lot split parcel maps in single-family zones are potential sources of affordable housing and shall be deemed consistent with the General Plan and zoning designation of the lot as provided. B. For the purposes of this section, the following words are defined: “Objective development standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. “Objective subdivision standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. “Objective zoning standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. “Two-unit residential development” means a development which proposes no more than two new residential units or proposes to add one new residential unit with one existing residential unit on a single parcel in accordance with this chapter. “Unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21 of the Government Code, a primary dwelling, an accessory dwelling unit as Page 219 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #4 defined in Section 65852.2 of the Government Code, or a junior accessory dwelling unit as defined in Section 65852.22 of the Government Code. “Urban Lot Split Parcel Map” means a parcel map which seeks to subdivide an existing single- family zoned parcel to create no more than two new single-family zoned parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. “Urban Lot Split Subdivision” means a subdivision of an existing single-family zoned parcel to create no more than two new single-family zoned parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. C. Two-Unit Residential Development in Single-Family Zones. A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements: 1. The two-unit residential development would not require demolition or alteration of any of the following types of housing: a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. c. Housing that has been occupied by a tenant in the last three years. 2. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 3. The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development has not been occupied by a tenant in the last three years. 4. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. Page 220 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #4 5. The proposed housing development shall be prohibited if it is on a parcel that qualifies under the prohibitions listed in Section 65852.21(a)(2) of the Government Code or any successor provision thereof. Types of prohibited parcels include: a. A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code; b. Prime farmland or farmland of statewide importance; c. Wetlands; d. Within a high fire hazard severity zone; e. Hazardous waste site; f. Within a delineated earthquake fault zone; g. Within a special flood hazard area subject to inundation by the one percent annual flood (100-year flood) unless it meets one of the following: i. Subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; ii. Meets Federal Emergency Management Agency requirements to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to 44 C.F.R. Parts 59 and 60; h. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with 44 C.F.R. Section 60.3(d)(3); i. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan; j. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code); k. Lands under conservation easement. Page 221 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #4 D. Development Standards for Two-Unit Residential Development in Single-Family Zones. Two-unit residential developments in single-family zones shall be subject to the following requirements and objective development standards: 1. Number and Size of Units. a. If a parcel includes an existing single-family home, one additional unit may be developed pursuant to this section. b. If a parcel does not include an existing single-family home, or if an existing single-family home is proposed to be demolished in connection with the creation of a two-unit residential development, two units may be developed pursuant to this section. c. No more than four units, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units, may exist on a single-zoned residential parcel on which an Urban Lot Split Parcel Map has been approved. 2. Parking. Off-street parking of up to one space per unit is required, except in either of the following instances: a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. b. There is a car share vehicle located within one block of the parcel. 3. Setbacks. a. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. b. For all other dwelling units proposed in connection with a two-unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines. c. Units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance. 4. Design. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit(s) shall utilize the same exterior materials and colors as the existing dwelling unit to the extent practical. 5. Accessory Dwelling Unit Development Exemptions. If an applicant for a dwelling unit developed under CVMC 19.58.022, Accessory dwelling units, seeks to convert the dwelling unit to a two-unit development pursuant to this section, any and all development exemptions granted Page 222 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #4 to the dwelling unit pursuant to CVMC 19.58.022(C)(9) and (C)(13) shall be null and void subject to the final decision of the Director of Development Services. 6. Short-Term Rental Prohibition. Dwelling units created pursuant to this section shall have rental terms of 30 days or longer and shall not be considered eligible for Short-Term Rental pursuant to CVMC 5.68.050. E. Urban Lot Split Parcel Map in Single-Family Zones. A proposed parcel map for an urban lot split within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed parcel map meets all of the following requirements: 1. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. 2. Both newly created parcels are no smaller than 1,200 square feet. 3. The parcel being subdivided meets all the following requirements: a. The parcel is located within a single-family residential zone as defined in Chapter 19.22 CVMC, R-E – Residential Estates Zone, and Chapter 19.24 CVMC, R-1 – Single-Family Residence Zone. b. The parcel subject to the proposed urban lot split complies with all provisions of subsections (C) and (D) of this section. c. The parcel has not been established through prior exercise of an urban lot split as provided for in this section. d. Neither the owner of the parcel being subdivided, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. e. The parcel conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), except as otherwise expressly provided in this section. 4. Any parcel created by this section shall be used for residential purposes only. 5. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Director of Development Services Department, or their designee. 6. No more than four total units are allowed on an approved Urban Lot Split Parcel Map, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling Page 223 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #4 units. This can either mean two units on each parcel, or, one unit on one parcel and three units on the other parcel. 67. Units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in subsection (D)(3) of this section. 78. Parking spaces for new units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be provided in accordance with subsection (D)(2) of this section. 89. Prior to the issuance of a building permit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees. The covenant shall notify future owners of the owner occupancy requirements, the approved size and attributes of the units, and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two total units may be permitted on any single parcel created using the Urban Lot Split Parcel Map procedures. If an Urban Lot Split Parcel Map was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel. 910. The Urban Lot Split Subdivision shall comply with all requirements of CVMC Title 18, Subdivisions, and the California Subdivision Map Act except as expressly modified by this chapter. 1011. An applicant for an Urban Lot Split Parcel Map shall sign an affidavit, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees, stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split Parcel Map. This subdivision shall not apply to an applicant that is a “community land trust,” as defined in Section 402.1(a)(11)(C)(ii) of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. 121. Notwithstanding Section 66411.1 of the Government Code, the City shall not impose regulations that require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. 132. Preliminary Title Report. There shall be filed with each Urban Lot Split Parcel Map a current preliminary title report of the property being subdivided or altered. Page 224 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #4 143. Additional Subdivisions Prohibited. No further subdivision of parcels created using the Urban Lot Split Parcel Map or Urban Lot Split Subdivision procedures of this chapter shall be permitted. 154. The parcels created by this section shall have access to, provide access to, or adjoin the public right-of-way. F. Application of Objective Standards. Development proposed on lots created by an Urban Lot Split Subdivision shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel based on the underlying zoning including but not limited to: CVMC Title 18 and Chapters 19.22 and 19.24 CVMC; provided, however, that the application of such standards shall be reduced if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet, and no additional variances shall be permitted. No waivers or reductions to applicable requirements regarding size, height, off-street parking, or setbacks shall be approved unless the applicant demonstrates to the Director of Development Services’s satisfaction that there is no other way to physically accommodate two 800-square-foot units on the site. G. Denial of Two-Unit Residential Development and/or Urban Lot Split Parcel Map. The Development Services Department shall not approve an Urban Lot Split Parcel Map under any of the following circumstances: 1. The land proposed for division is a lot or parcel which was part of an Urban Lot Split Parcel Map that the City previously approved. 2. The subdivision proposes creation of more than two lots or more than four units total among the two lots. 3. The Development Services Department finds that the Urban Lot Split Parcel Map does not meet the requirements of this code or that all approvals or permits required by this code for the project have not been given or issued. 4. The urban lot split’s failure to comply with applicable, objective requirements imposed by the Subdivision Map Act and this code. Any decision to disapprove an Urban Lot Split Parcel Map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act and this code. 5. A proposed two-unit residential development and/or an Urban Lot Split Subdivision may be denied if the Director of Development Services, or their designee, makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project or urban lot split would have a specific, adverse impact, as defined and determined in Section 65589.5(d)(2) of Page 225 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #4 the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Page 226 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #5 19.58.022 Accessory dwelling units. A. The purpose of this section is to provide regulations for the establishment of accessory dwelling units in compliance with, inter alia, California Government Code Section 65852.2. Said units may be located in areas zoned to allow single-family or multifamily dwelling residential use. Accessory dwelling units are a potential source of affordable housing and shall not be considered in any calculation of allowable density for the lot upon which they are located and shall also be deemed consistent with the General Plan and zoning designation of the lot as provided. Accessory dwelling units shall not be considered a separate dwelling unit for the purpose of subdividing the property into individual condominium or lot ownership. B. For the purposes of this section, the following words are defined: “Above” means an accessory dwelling unit that is attached to and built over a primary residence including an attached garage, or above a detached garage or accessory building. “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit shall have exterior access from the proposed or existing single-family dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single- family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code. “Accessory structure” means a structure that is accessory and incidental to a dwelling unit located on the same lot. “Attached” means a wall, floor, or ceiling of an accessory dwelling unit is shared with the primary residence on the property. “Basement” means the same as defined in CVMC 19.04.002. “Detached” means an accessory dwelling unit separated from the primary residence as specified in subsection (C)(6)(b) of this section. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. Page 227 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #5 “Multifamily dwelling,” for the purposes of this section, is a structure with two or more attached dwellings on a single lot. Multiple, detached single-unit dwellings on the same lot are not considered multifamily. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. “Objective standard,” for the purposes of this section, is a standard that involves no personal or subjective judgment by a public official, and that is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. “Primary residence(s)” means a proposed or existing single-family dwelling or existing multifamily dwellings constructed on a lot as the main permitted use by the zone on said parcel. “Public street” means any public right-of-way designated for vehicular use. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. “Tandem parking” means two or more vehicles parked on a driveway or in any other location on a lot, lined up behind one another. “Walking distance” means the distance between the accessory dwelling unit and public transit as measured along a public street. The measurement shall proceed from the accessory dwelling unit in a continuous line to the closest property line of the public street, measured perpendicular to the public street. The measurement shall then continue along the property lines of the public street fronts, and in a direct line across intersections along the shortest pedestrian route toward the public transit. C. Accessory dwelling units shall be subject to the following requirements and development standards: 1. Zones. Accessory dwelling units can be created in areas zoned to allow single-family or multifamily dwelling residential use. A coastal development permit may be required for accessory dwelling units within the coastal zone. Construction of a primary residence can be in conjunction with the construction of an accessory dwelling unit. 2. Number of Accessory Dwelling Units Permitted. Page 228 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #5 a. An accessory dwelling unit is permitted on a lot with a proposed or existing single- family dwelling unit. b. A minimum of one accessory dwelling unit, or up to 25 percent of the existing multifamily units, is permitted within an existing multifamily dwelling, as a result of the conversion of nonhabitable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; or c. Up to two detached accessory dwelling units shall be permitted on a lot with an existing multifamily dwelling. 3. Unit Size. Accessory dwelling units shall conform to the following size requirements: a. The total floor area for an attached accessory dwelling unit shall not exceed 50 percent of the total floor area of the proposed or existing primary residence, or 850 square feet for a one-bedroom unit and 1,000 square feet for a unit with more than one bedroom, whichever is greater. b. An accessory dwelling unit of at least 800 square feet shall be permitted regardless of floor area ratio, lot coverage or open space requirements of the underlying zone. c. The total floor area for a detached accessory dwelling shall not exceed 1,200 square feet. d. An accessory dwelling unit within an existing accessory structure may be increased by a maximum of 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress. 4. Unit Location. Accessory dwelling units may be attached to or located within a proposed or existing primary residence or accessory structure (including attached garages, storage areas or similar structures). Accessory dwelling units may be detached from the primary residence. 5. Height. An accessory dwelling unit, as measured from the ground, shall not exceed the height limit for the primary residence in accordance with the underlying zone, or 16 feet, whichever is greater. However, a taller unit can be built based on the following exceptions: a. Detached. i. Up to 18 feet on a lot with an existing or proposed single-family or multifamily dwelling if it is located within a half-mile of transit or high-quality transit corridor. The maximum can also be increased to 20 feet only if it is necessary to match the roof pitch of the ADU to that of the main house. Page 229 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #5 ii. Up to 18 feet on a lot with an existing or proposed multi-story multifamily dwelling, regardless of proximity to public transit. b. Attached. Up to 25 feet high for either a primary single-family or multifamily dwelling, or as high as the underlying zoning designation allows, whichever is lower. The ADU shall also be no greater than two stories. 6. Development Standard Exceptions. Accessory dwelling units shall conform to the underlying zoning and land use development requirements for primary residences with the following exceptions: a. A new attached or detached accessory dwelling unit is allowed a setback of no less than four feet from the side and rear lot lines. In addition, an encroachment into the front yard setback is also allowed only if it is necessary to construct a minimum 800-square-foot unit. b. A new detached accessory dwelling unit shall be located a minimum of six feet from a primary residence. c. No setback shall be required for an existing garage, living area, or accessory structure constructed in the same dimensions that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no less than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above an accessory structure. d. Correction of nonconforming zoning conditions and/or building code violations shall not be a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit. 7. Parking. Parking for an accessory dwelling unit is not required in any of the following instances: a. The accessory dwelling unit is located within one-half mile walking distance of public transit. b. The accessory dwelling unit is within an architecturally and historically significant historic district. c. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. d. The accessory dwelling unit is in an area where on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit. Page 230 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #5 e. The accessory dwelling unit is located within one block of a car share area. f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection. 8. Accessory dwelling units not meeting any of the above requirements shall be subject to the following access and parking regulations: a. Parking. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. Parking spaces may be provided in tandem on a driveway; provided, that access to the garage for the primary residence is not obstructed. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. b. The required parking space(s) shall be on the same lot as the accessory dwelling unit. This parking is in addition to the parking requirements for the primary residence as specified in CVMC 19.62.170. c. Notwithstanding CVMC 19.62.190, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory dwelling unit that was previously used by the primary residence, replacement parking is not required. If the existing driveway is no longer necessary for access to the converted garage or other required parking, said driveway may be used to satisfy the required parking for the accessory dwelling unit when not exempt from subsection (C)(7) of this section. d. Access to all required parking shall be from a public street, alley or a recorded access easement. Access from a designated utility easement or similar condition shall not be permitted. For any lot proposing an accessory dwelling unit and served by a panhandle or easement access, the access must be a minimum of 20 feet in width. e. Curb cuts providing access from the public right-of-way to on-site parking spaces shall be acceptable to the City Engineer. A construction permit from the City Engineer shall be obtained for any new or widened curb cuts. f. Required parking spaces or required maneuvering area shall be free of any utility poles, support wires, guard rails, standpipes or meters, and be in compliance with CVMC 19.62.150. Page 231 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #5 g. When a required parking space abuts a fence or wall on either side, the space shall be a minimum of 10 feet wide. If this area also serves as the pedestrian access from an accessory dwelling unit to the street, the paving shall be a minimum 12 feet wide. 9. Utilities. An accessory dwelling unit may be served by the same water and sewer lateral connections that serve the primary residence. A separate electric meter and address may be provided for the accessory dwelling unit. 10. Design Standards. Dwelling units on the lot should be complementary or compatible in appearance with each other by incorporating matching architectural design, building materials, and colors of the primary residence with the accessory dwelling unit, and any other accessory structure built concurrently with the accessory dwelling unit. However, the primary residence may be modified to match the new accessory dwelling unit. 11. Designated Historical Sites. An accessory dwelling unit may be allowed on designated or historical sites, provided the location and design of the accessory dwelling unit meets corresponding historical preservation requirements in place at the time the accessory dwelling unit is built, and complies with the requirements of this section including the following: a. The accessory dwelling unit shall be located behind a primary residence that is determined to be a historic resource. b. The construction of the accessory dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables, or other similar structures. c. The accessory dwelling unit shall be designed to have a distinguishable architectural style and finished materials composition from the historic primary residence or structure. d. Construction of an accessory dwelling unit shall not result in demolition, alteration or movement of any historic structures and any other on-site features that convey the historic significance of the structure and site. e. If an historic house/site is under a Mills Act contract with the City, the contract shall be amended to authorize the introduction of the accessory dwelling unit on the site. 12. Occupancy Requirement. At the time of building permit submittal, and continuously thereafter, the property owner(s) shall reside on the lot on which the accessory dwelling unit is located or constructed. The Zoning Administrator shall have the authority to suspend this occupancy requirement for a period not to exceed five years when evidence has been submitted that one of the following situations exists: Page 232 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #5 a. The property owner’s health requires them to temporarily live in an assisted living or nursing facility. b. The property owner is required to live outside the San Diego region as a condition of employment or military service. c. The property owner is required to live elsewhere to care for an immediate family member. d. The property owner has received the property as the result of the settlement of an estate. This subsection (C)(12) shall be held in abeyance until January 1, 2025. 13. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. 134. An application for an accessory dwelling unit that is deemed complete by the City shall be considered and approved ministerially and without a hearing within 60 days if there is an existing single-family or multifamily dwelling on the lot. If the application is submitted with an application to create a new single-family dwelling on the lot, the application for the accessory dwelling unit shall be considered and approved within 60 days of approval of the new single- family dwelling. If an ADU application is denied, a full set of comments, listing the specific items that are defective or deficient, shall be provided to the applicant. These comments must also describe how the application can be remedied by the applicant. 145. A demolition permit for a detached garage that is to be replaced with an ADU must be reviewed with the ADU application and issued at the same time. 156. Accessory dwelling units that are applied for after the effective date of the ordinance codified in this section cannot be rented for less than 30 days. 167. Accessory dwelling units are exempt from the requirements of CVMC 12.24.030, Dedications – Required. 178. An application for an accessory dwelling unit on a private sewage disposal system shall require approval by the local health officer. Page 233 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 Chapter 19.04 DEFINITIONS Sections: 19.04.002 Definitions and construction of terms generally. 19.04.002 Definitions and construction of terms generally. Unless the context requires otherwise, the definitions codified in this chapter shall be used in the interpretation and construction of this title; and words used in the present tense include the future, the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure”; and the word “used” shall include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used”; and the word “shall” is mandatory and not meant as general guidance. Whenever any of the following terms is used, it shall mean the corresponding officer, department, board or commission of Chula Vista, herein referred to as the City: “Assessor,” “City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director of Public Works,” “Director of Development Services,” “Zoning Administrator,” or “Building Inspector.” In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as its representative or agent. “Access” means an opening in a fence, wall or structure, or a walkway or driveway, permitting pedestrian or vehicular approach to or within any structure or use. “Accessory use or structure” means a use or structure subordinate to the principal use of a building on the same lot, and serving a purpose customarily incidental to the use of the principal building. “Agent of owner” is any person who can show certified written proof that he is acting for the property owner. “Agriculture” means the use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal husbandry (excluding swine); incidental to other agricultural uses; and the necessary accessory uses for storing produce and qualified employee housing; provided, however, that the operation of any such accessory use shall be secondary to that of primary uses and shall not include stockyards or the commercial feeding of garbage or offal to animals. “Alley” means a public or private way not more than 30 feet wide, which affords only secondary access to abutting property. Page 234 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 “Amusement facility” means a place of amusement or entertainment wherein are found games, rides (animal or mechanical), coin-operated or token-operated machines or devices (e.g., video and pinball), shooting galleries, movies or entertainment machines and other games of skill or chance offered to the public. This definition does not include vending, photocopying, laminating and photo machines. 1. “Amusement arcade or center” means a facility wherein are found games, coin-operated or token-operated machines or devices (e.g., video and pinball machines) of skill, chance or entertainment offered to the public. 2. “Amusement park” means an amusement facility encompassing several acres of land and may include other commercial activities such as restaurants, retail stores and services. 3. “Amusement games or machines as accessory uses” means not more than three coin- operated or token-operated machines, rides or devices (e.g., video, pinball, mechanized rides and other electronic games) within any commercial retail or service establishment, and provided they do not constitute more than five percent of the floor area of the establishment. “Auction” means the auctioning and sale of merchandise and equipment to the highest bidder, but excluding auction rooms and livestock auctioning. Automobile Dismantling. For “automobile dismantling,” see “junkyard.” Automobile Maintenance and Repair, Minor. “Minor automobile maintenance and repair” means general lubrication services, engine tune-up, and replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including other operations named under “automobile repair, major” or similar thereto as determined by the Commission. “Automobile or trailer sales area” means an open area, other than a street or an alley, used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done. Automobile Repair, Major. “Major automobile repair” means general repair, rebuilding, and reconditioning of engines, motor vehicles or trailers; collision service, including body, frame, or fender repair; and overall painting. “Automobile service station” means an establishment engaged in the sale of motor fuel dispensing devices directly into motor vehicles. In addition, other services may be performed such as tube and tire repair, battery charging, storage of merchandise to be sold on the premises as permitted herein, lubricating of automobiles, and automobile washing, not including mechanical wash, and minor repairs. Page 235 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 “Basement” means a story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than one-half of its floor-to-ceiling height is below the average contact level of the adjoining ground, as distinguished from a “cellar” which is a story where more than one-half of its floor-to-ceiling height is below the average level of the adjoining ground. A basement, when usable as a dwelling, shall be counted as a story for purposes of height measurement, and as a half story for purposes of side yard determination. “Beginning of construction” means the demolition, elimination and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings. “Block” means a tract of land bounded by streets, dead-ends of streets, railroad rights-of-way, watercourses, large tracts of land in uses such as parks and golf courses, or a City boundary. “Boardinghouse or lodginghouse” means a dwelling or part thereof (not including rest homes, convalescent homes, bed care, supervision and other special care, such as counseling), where meals and/or lodging are provided (but not separate cooking facilities) for compensation and with not more than five guest rooms and 10 persons total. “Boatel” means any hotel or motor hotel provided with landing facilities to accommodate boats or other vessels. “Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. Building, Height of. “Height of building” means the vertical distance from the average contact ground level of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. Building, High Rise. “High rise building” means any structure which is five stories or more in height. Building Line Map. The front yards of all lots and side yards along the street side of a reversed corner lot are shown upon a map on file in the Planning Department, and made a part of this title, being designated as the “building line map,” and such map and all notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by such map were all fully described herein. Building, Main. “Main building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the building site on which it is located. “Bulkhead” means a structure, including riprap or sheet piling, constructed to separate land and water and establish a permanent shoreline. Page 236 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 “Carnival” means a traveling enterprise offering amusements with organized entertainment or exhibits and includes mechanical rides. “Carport” means a private garage, as defined herein, which is designed to be open on one or more sides. “Cellar” means a story where more than one-half of its floor-to-ceiling height is below the average contact ground level of the adjoining ground. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes. “Chula Vista General Plan” means the General Plan for the City, as adopted by the City Council on September 22, 1964, and as amended from time to time. “Commission” means the City Planning Commission of Chula Vista. “Communication equipment building or use” means a building or lot housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel. For the purpose of this title, a communication equipment building or use shall be considered a quasi-public use, where such use is referred to in the zoning regulations. “Community purpose facility” means a land use designation in a planned community intended for nonprofit and certain for-profit land uses as listed in CVMC 19.48.025(C). “Council” means the City Council of Chula Vista. “Court” means a yard on the same lot with a building which is bounded on two or more sides by the exterior walls of buildings on the same lot. “Crop and tree farming” means the raising for commercial purposes of any truck, field or orchard crops or wholesale nurseries or greenhouses, including necessary buildings incidental to such crop and qualified employee housing. “Dance floor” shall mean a defined floor area located within a business establishment designed for the purpose of dancing by patrons of the establishment. “Day nursery” means day nurseries for working mothers; nursery schools for children under the minimum age of admission to public schools; parent-cooperative nursery schools; play groups for preschool children; programs giving afterschool care to school children; and all other types of group day care programs. The term “day nursery” does not include family day care homes; facilities offering 24-hour care; or regular elementary schools which offer educational programs only. “Day spa” means a business which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments. Treatments may include foot and body massage; facials; waxing; body wraps; salt scrubs; manicures; pedicures; aromatherapy; moxibustion; ear candling; and guasha (scraping), or other similar treatments. Page 237 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 “Development unit” means that portion, along with the uses contained therein, of a planned community district which is proposed for development at one time and under one planned development permit. Development units may consist of portions of a planned community district or of the entire district. “Distance between residential structures” means the shortest horizontal distance between the vertical walls of two residential structures as herein defined. Location of points of measurement are subject to the exceptions contained in CVMC 19.16.060. “Dock” means a landing pier for boats; a wharf; or a structure supported by pilings or floats in such a manner as to allow free flow of water beneath said structure and in which any buildings constructed thereon are incidental to the use of said structure as a wharf or landing pier. “Driveway” means a private road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which located. “Dwelling” means any building or portion thereof designed or used exclusively as the residence of one or more persons, but not including a hotel/motel, tent, cabin, trailer or mobilehome. Dwelling, Accessory Dwelling Unit. “Accessory dwelling units or junior accessory dwelling units” are independent living facilities of limited size that provide permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. This includes efficiency units and manufactured homes, in conformance with the requirements for such units as defined in State Government Code Section 65852.2. “Dwelling group” means a group of two or more detached buildings used for dwelling purposes located on a parcel of land in one ownership and having any yard or court in common. Dwelling, Multiple. “Multiple dwelling” means a building or portions thereof designed for or used exclusively for residence purposes by three or more families or housekeeping units, living independently of one another. Dwelling, Single-Family. “Single-family dwelling” means a building designed for or used exclusively for residence purposes by one family or housekeeping unit. Dwelling, Townhouse. “Townhouse dwelling” means an attached or semi-attached building containing a single dwelling unit and located or capable of being located on a separate lot. Dwelling, Two-Family or Duplex. “Two-family or duplex dwelling” means a building designed for or used exclusively for residence purposes by two families or housekeeping units, living independently of one another. “Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette. Page 238 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 “E-commerce (electronic commerce)” includes commercial activities involving the sale of goods or services for profit, where those sales occur on virtual platforms including but not limited to the internet and applications within smartphones or other similar mobile cellular devices. “Efficiency living unit” means a dwelling unit for occupancy, which has a minimum floor area of 150 square feet and a maximum floor area of 450 square feet and which may also have partial kitchen or bathroom facilities and shall have the same meaning as “Efficiency Unit” as defined in Section 17958.1 of the California Health and Safety Code. “Electrical generating facilities” is a collective term of reference for each of the following individually defined sub-types: 1. Base Load Facility. A “base load facility” means an electrical generating facility that is intended to run constantly at near capacity levels. This sub-type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor-owned utility transmission corridors right-of-way. Base load facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. 2. Peaking Facility. A “peaking facility” means an electrical generating facility that is used to produce extra electricity during peak load times and is permitted to operate not more than 4,000 hours per year. This sub-type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor-owned utility transmission corridors. Peaking facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. 3. Private Facility. A “private facility” means an electrical generating facility that, regardless of fuel or energy source, is operated by a private property owner or lessee, and whose function is the provision of electricity to the permitted use(s) on a single or adjoining parcel(s) on which the facility is located or serves. The associated power load shall generally be up to 25 megawatts, or as determined by applicable state or other codes. A private facility can include district heat and power, and combined heat and power types as defined in the City’s Electrical Generating Facilities (EGF) Policy. 4. Backup and Emergency Facility. A “backup and emergency facility” means an electrical generating facility that is operated only during the interruption of electrical service from the distribution system or transmission grid due to circumstances beyond the operator’s control. 5. Residential-Level Facility. A “residential-level facility” means an electrical generating facility whose function is the provision of electricity to serve an individual private residential dwelling unit(s). Electric Vehicle (“EV”) Service and Sales. The leasing or sales of electric vehicles (EV), parts or services for EV's, and minor repairs/service including minor body work, replacement parts (excluding Page 239 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 paint booths), where all activities occur within a building, office space, or commercial store front, with limited outdoor storage. Sales are limited to EV, hybrid vehicles and related service/parts sales. “Emergency shelter” means housing with minimal supportive services for homeless persons, with occupancy limited to a six-month term or less by homeless persons. Emergency shelter shall have the same meaning as defined in Section 50801(e) of the California Health and Safety Code. “Essential services” means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including any buildings, electric substations, or water storage tanks. “Family day care” means regularly provided care, protection and supervision of 14 or fewer children in the state-licensed provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away; provided, that the licensee of such family day care home who rents or leases their home shall notify the property owner or landlord in writing that they are operating a family day care home in the rented or leased property. “Family day care home, large” means a family day care home, as defined by this section, which provides family day care to nine to 14 children, inclusive, including children who reside at the home. “Family day care home, small” means a family day care home, as defined by this section, which provides family day care to eight or fewer children, including children who reside at the home. Filling Station. For “filling station,” see “automobile service station.” “Floor area ratio (residential)” means the numerical value obtained by dividing the total area of all the floors of a building or buildings included within the surrounding walls, by the total area of the premises. “Fulfillment center” is a facility where a building is primarily used to receive, process, and fulfill numerous consumer orders associated with electronic commerce (“e-commerce”) or similar high capacity and high frequency orders and deliveries. The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees. “Full-time foster home” means a family residence in which 24-hour care is provided for not more than six children, including children of the foster family. Page 240 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 Garage, Private. “Private garage” means a detached, fully enclosed accessory building or a portion of the principal building used only for the storage of passenger vehicles, boats or trailers by the persons resident or employed upon the premises; provided, that such garage, when in a residential zone or incidental to a residential use, shall not be used for the storage of more than one commercial vehicle of one and one-half tons or greater rated capacity per family residence upon the premises. Garage, Public. “Public garage” means a structure or portion thereof, other than a private garage, used for the storage, sale, care, repair or refinishing of self-propelled vehicles or trailers. “General development plan” means a description of the development proposed within a particular planned community zone consisting at a minimum of a map and written statement setting forth, in general, the regulations governing, and the location and arrangement of, all proposed uses and improvements to be included in the development. “Guest house” means detached living quarters of a permanent type of construction, without kitchen or cooking facilities and intended for use by occasional guests of the occupants of the main building, but not to exceed 90 days for any one guest over a one-year period. A guest house shall not be separately rented, let, or leased, whether compensation is direct or indirect. “Hazardous waste facility” means, as applicable, a hazardous waste facility project, specified hazardous waste facility, specified hazardous waste facility project, or land disposal facility as defined in Section 25199.1 of the California Health and Safety Code, and shall include any structures, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. “Home occupation” means a commercial activity conducted in a dwelling, which is clearly incidental and secondary to the use of the dwelling for residential purposes, and in accordance with CVMC 19.14.490. “Hospital” means an institution in which patients are given medical or surgical care and which is licensed by the state to use the title “hospital” without qualifying descriptive word. “Hotel/motel” means a building or group of buildings comprised of six or more guestrooms or suites of rooms, where a majority of such rooms are occupied, intended or designed for occupancy by guests for temporary lodging or sleeping purposes for less than 30 consecutive calendar days, and is held out as such to the public (not including hospitals, residential facilities, qualified employee housing, boarding or lodging houses or single room occupancy residences). “Houseboat” means any vessel used or intended to be used primarily as a dwelling unit, in contrast to a vessel used or intended to be used primarily for carrying persons or goods. “Interested party” means any person who, in person or through a representative, appeared at a public hearing of the City of Chula Vista, or made written comments via U.S. Mail, e-comment or Page 241 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 electronic mail (email) to the City, in connection with a decision or action appealed. “Interested party” shall also include the applicant for a permit. “Junkyard” means a place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, stored or abandoned, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, and not including sale of used cars in operable condition, or salvaged materials incidental to manufacturing operations. “Kennel” means a place kept for the purpose of the boarding, breeding, raising, selling or exchanging of dogs. “Kitchen or kitchenette” means any room or part of a room which is designed, built, used or intended to be used for food preparation and dishwashing, but not including a bar, butler’s pantry or similar room adjacent to or connected with a kitchen. “Landscape manual” refers to the landscape manual adopted by the City Council of Chula Vista. “Landscaping” means planting, including trees, shrubs, lawn areas, and ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, decorative rock or other paved surfaces are considered as elements of landscape development. “Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this title, and having frontage on a public or an approved private street. “Lot area” means the computed area contained within the lot lines. Lot, Corner. “Corner lot” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street right-of-way lines is the “corner.” “Lot coverage” means the percent of the total site area covered by structures other than those excepted in this title. “Lot depth” means the mean horizontal distance between the front and the rear lot lines, or between the front lot line and the intersection of the two side lines if there should be no rear lot line. Lot, Interior. “Interior lot” means a lot other than a corner lot. Page 242 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 Lot Line, Front. “Front lot line” means the line separating the lot from the street. In the case of a corner lot, the front lot line is the shorter of any two adjacent street lot lines. Lot Line, Interior. For “interior lot line,” see “lot line, side.” Lot Line, Rear. “Rear lot line” means a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: 1. For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line; or 2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; or 3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. Lot Line, Side. “Side lot line” means any lot line other than a front or rear lot line which intersects a front lot line. A side lot line separating a lot from a street is called a “side street lot line.” Lot Line, Street or Alley. “Street or alley lot line” means a lot line separating the lot from a street or alley. “Lot lines” means the property lines bounding the lot. Lot of Record. For “lot of record,” see CVMC 19.16.020. Lot, Through. “Through lot” means a lot having frontage on two parallel or approximately parallel streets. “Lot width” means the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. “Massage parlor” means a massage establishment as defined in CVMC 5.36.030. Mobilehome. For “mobilehome,” see “trailers.” “Narcotic or drug paraphernalia shop” or “head shop” means any business establishment or a portion of the premises of any business establishment wherein devices, contrivances, instruments or paraphernalia for smoking, sniffing or injection of marijuana, hashish, cocaine, PCP or any controlled substance is displayed or offered for sale. Page 243 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 “Nonconforming structure” means a structure which was lawfully erected prior to July 8, 1969, but which, under the provisions herein, does not conform to the standards of coverage, yards, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located. “Nonconforming use” means a use of a structure or land which was lawfully established and maintained prior to July 8, 1969, but which, under the provisions herein, does not conform with the use regulations for the district in which it is located. “Nursing home” means any premises with sleeping rooms where persons are lodged and furnished with meals and nursing care, not including persons suffering from contagious disease, mental diseases, alcoholism or drug addiction. “Off-shore” means land below “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. “On-shore” means land above “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. Open Space, Usable. “Usable open space” means any portion of a lot which is landscaped and/or developed for recreational and leisure use, and is conveniently located and accessible to all the units. (See CVMC 19.28.090.) “Park” means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. Parking Area, Private. “Private parking area” means an open area for the same uses as a private garage. Parking Area, Public. “Public parking area” means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers. “Parking space” means a permanently surfaced area of a size defined by Planning Commission resolution, within a structure or in the open, excluding area necessary for access under the provisions of this title, designed or used for the parking of a motor vehicle. When the long dimension of a parking space adjoins a wall or fence more than six inches in height, the width of such parking space shall be not less than 10 feet. “Performance standards” are the regulations for the control of “dangerous or objectionable elements” as defined in CVMC 19.66.080 through 19.66.150. Page 244 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 Permitted Use. For the purpose of this title, a “permitted use” in any zone shall include any use listed as a “principal permitted use” or “accessory use” and shall further include a “conditional use” as listed for the particular zone, provided a conditional use permit is obtained. “Pet shop” means an establishment involved in selling or exchanging (but excluding boarding, breeding or raising) any birds, dogs or other pets, all of which for the purpose of this chapter are called “pets.” Pharmacy, Prescription. For “pharmacy, prescription,” see “prescription pharmacy.” “Planned development permit” means a permit issued by the City Planning Commission, authorizing the actual development and construction within a planned community zone. “Poultry farm” means any premises on which the primary use is the breeding, raising or maintaining of poultry for sale of eggs or poultry, or where the primary income from the premises is derived from the aforesaid occupation. “Prescription pharmacy” means an establishment whose primary function is the sale of pharmaceutical drugs and prescriptions as well as medicinal supplies and goods. The incidental sales of toilet goods, toiletries, cosmetics, confections, tobacco and accessories, newspapers and magazines is also permitted. “Public/quasi-public” means used as public or seemingly public. For the purposes of this title, electrical substations, electrical generating facilities as defined in subsections (1), (2), (3) and (4) only of the definition “electrical generating facilities” in this section, water or wastewater treatment and storage facilities, education, civic, government offices, or other municipal, public agency or utility facilities, and others as listed in Chapter 19.47 CVMC shall be considered public/quasi-public uses, of a public service type. “Qualified employee housing” means accommodations for employees as defined in Section 17008 of the California Health and Safety Code, as may be amended, which has qualified or where the owner intends to qualify for a permit to operate under the Employee Housing Act (Health and Safety Code Section 17000 et seq.). Recreation, Commercial. “Commercial recreation” means recreation facilities operated as a business and open to the general public for a fee. Recreation, Private, Noncommercial. “Private, noncommercial recreation” means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization. Recreation, Public. “Public recreation” means publicly owned or operated recreation facilities. Page 245 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 “Religious institution” means an institution that people regularly attend to participate in or hold religious services and incidental religious education, but not including private schools as defined in this chapter. “Residence, single room occupancy (SRO)” means a rooming unit or efficiency living unit located in a building containing six or more such dwellings that are offered for occupancy by residential tenants for at least 30 consecutive days. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared. “Residential density” means the average number of families living on one acre of land in a given area. “Net residential density” is determined by dividing the total number of families in a defined area by the total acreage of all parcels of land within the area that are used for residential and accessory purposes. “Gross residential density” is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks and local shopping facilities into the total number of families in said area. “Residential facility” means any family home, group care facility, or similar facility, licensed by the state of California, for 24-hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Salvage Yard. For “salvage yard,” see “junkyard.” “Satellite dish antenna” is a device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite. It may be a solid, open mesh or bar configured structure, typically eight to 12 feet in diameter, in the shape of a shallow dish or parabola. “School” means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. “Self-storage facility” is a structure(s) containing separated storage spaces of varying sizes, leased or rented on an individual basis, and may include recreational vehicles storage. “Senior housing development” means a residential project which may exceed the maximum density permitted for families in the zones in which it is located, and which is established and maintained for the exclusive use of low- or moderate-income senior residents. Service Station. For “service station,” see “automobile service station.” Page 246 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 Setback. For “setback,” see specific “yard” definitions. “Shoreline” means the boundary between land above and land below the “mean higher high water,” as defined by the latest U.S. Coast and Geodetic Survey. Stable, Private. “Private stable” means an accessory stable, corral or paddock used or designed to shelter horses belonging to the occupants of a dwelling, and where no horses are kept for hire or sale. Stable, Riding. “Riding stable” means any stable where horses are kept for hire. “Story” means that portion of a building included between the surface of any floor and the floor or ceiling next above it. Story, First. “First story” means the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except, that any basement or cellar used for residential purposes shall be deemed the first story. Story, Half. “Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for one or more dwelling units shall be deemed a full story. Story, Mezzanine. “Mezzanine story” means a story which covers one-third or less of the area of the story directly underneath it. “Street” means a public right-of-way, more than 30 feet in width, which provides a public means of access to abutting property. The term “street” includes “avenue,” “drive,” “circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” or any other similar term. The term shall include the total width of the dedicated right-of-way. Street, Private. “Private street” means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites. “Structural alteration” means any change in the structural members of a building, such as walls, columns, beams or girders. “Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability Page 247 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 to live and, when possible, work in the community (Section 65582(g) of the State Government Code). “Target population” means persons with low incomes who have one or more disabilities as described in Section 65582(i) of the State Government Code. “Surface mining operations” means all, or part of, the process involved in the mining of minerals on mined lands, as defined in Chapter 19.69 CVMC, by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in-place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). “Tideland” means lands between the “mean higher high water” and the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. “Townhouses” means attached or semi-attached buildings, each containing a single dwelling unit and each located or capable of being located on a separate lot. Trailer Camp, Trailer Park or Mobilehome Park. “Trailer camp, trailer park or mobilehome park” means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers or mobilehomes occupied as a residence. Trailers. 1. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at a campsite to provide temporary living quarters. 2. “Motorhome” means a vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, primarily designed to provide temporary living quarters. 3. “Camper (slide in)” means a portable unit, consisting of a roof, floor and sides designed to be loaded into and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters. 4. “Cargo trailer” means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, including a boat or livestock. 5. “Travel trailer” means a vehicular portable unit mounted on wheels of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and primarily designed and constructed to provide temporary living quarters. Page 248 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 6. “Mobilehome” means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units, and shall not include a recreational vehicle, commercial coach or factory-built housing. 7. “Commercial coach” means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall not include mobilehomes. Such coaches shall bear the State Division of Housing’s insignia of approval as a commercial coach. “Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (Section 65582(j) of the State Government Code). “Underwater land” means land below the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. “Unified control” means the written consent or agreement of all property owners. Usable Open Space. For “usable open space,” see “open space, usable.” “Warehousing facility” means the use of a building primarily for the storage of goods of any type (e.g., cold storage) by one or two businesses and used for the sale or distribution of those goods to their direct customers (excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions). Typically, 200,000 square feet or less in size with a land coverage ratio of approximately 45 to 55 percent with dock-high and/or ground level loading doors on one side of the building only. “Warehousing, logistics and distribution facility” is one used for the storage and/or consolidation of manufactured goods (and, to a lesser extent, raw materials, and includes bulk storage of materials which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers are generally greater than 200,000 square feet in size, with a land coverage ratio of approximately 40 to 60 percent; have dock-high loading doors that also could be located on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including: 1. Freight yards/forwarding terminals. 2. Warehousing distribution/high cube distribution centers. 3. Moving agencies. Page 249 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 4. Parcel delivery terminals. 5. Railroad freight stations. 6. Shipping/receiving yards. 7. Truck terminals. “Warehousing sales, retail” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods both directly to the ultimate consumer and incidental wholesaling. Generally, sales tax is collected from the ultimate consumer. “Warehousing sales, wholesale” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies, and specifically excluding sales of goods directly to the ultimate consumer. Generally, sales tax is not collected from businesses purchasing such goods. “Waterfront land” means any lot above the “mean higher high water” as defined by the U.S. Coast and Geodetic Survey having frontage directly upon the shoreline, as defined herein. Yard, Front. “Front yard” means an open space extending the full width of the lot measured between the building closest to the front lot line, which open space is between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. Yard, Front, Least Depth. “Front yard, least depth” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the front lot line. Yard, Front, Least Depth – How Measured. Such depth shall be measured from the front lot line; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City (“plan line procedure”) differs from that of the existing street, then the required front yard, least depth, shall be measured from the right-of-way line of such street as adopted; or said building shall comply with the official setback lines as adopted by the City. Yard, Rear. “Rear yard” means an open space between a building and the rear lot line, unoccupied and unobstructed from the ground upward and extending across the full width of the lot, except as specified elsewhere in this title. Yard, Rear, Least Depth. “Rear yard, least depth” means the shortest distance, measured horizontally, between any part of a principal building, other than parts hereinafter excepted, and the rear lot line. Yard, Side. “Side yard” means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, Page 250 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 except as specified elsewhere in this title. A side yard on the street side of a corner lot shall be known as an “exterior side yard.” Yard, Side, Least Width. “Side yard, least width” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the nearest side lot line. Yard, Side, Least Width – How Measured. Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City differs from that of the existing street, then the required side yard, least width, shall be measured from the right-of-way of such street as adopted; or said building shall comply with any applicable official setback lines. “Zone” means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. “Zoning map” means the zoning map or maps of Chula Vista, together with all amendments subsequently adopted. “Zoning permit” means a document issued by the Building Inspector authorizing buildings, structures or uses consistent with the terms of this title, and for the purpose of carrying out and enforcing its provisions. “Zoning wall or fence” means a wall or fence erected along the property line or zoning boundary to separate any commercial or industrial zones or uses from adjacent residential zones and a fence to separate multiple-family zones from single-family zones. 19.40.020 Permitted uses. Principal permitted uses in a C-T zone are as follows: A. Stores, shops and offices supplying commodities or performing services for residents of the City as a whole or the surrounding community, such as department stores, banks, business offices and other financial institutions and personal service enterprises; B. New car dealers and accessory sale of used cars (see CVMC 19.40.030 for used car lots); electric vehicle (“EV”) service and sales; boat and equipment sales and rental establishments, subject to the provisions of CVMC 19.58.070; C. Hotels/motels, subject to the provisions of CVMC 19.58.210; D. Retail shops for the sale of auto parts and accessories, souvenirs, curios and other products, primarily to serve the traveling public; Page 251 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 E. Restaurants and cocktail lounges (dance floors subject to the provisions of CVMC 19.58.115 and Chapter 5.26 CVMC); F. Animal hospitals and veterinary clinics, subject to the provisions of CVMC 19.58.050; G. Bakery and creamery establishments; H. Printing and publishing or lithographic shops; I. Commercial recreation facilities, such as swimming pools, bowling alleys, and skating rinks, subject to the provisions of CVMC 19.58.040; J. Plant nurseries; K. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish antennas in accordance with the provisions in CVMC 19.22.030(F)(1) through (9) and (11) through (13); L. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140; M. Agricultural uses as provided in CVMC 19.16.030; N. Sexually oriented businesses, subject to the provisions of CVMC 19.58.024; O. Used clothing sales; P. Knitting and weaving shops; Q. Upholstery shops; R. Massage parlors, subject to the provisions of Chapter 5.36 CVMC. 19.44.020 Permitted uses. Permitted uses in an I-L zone are as follows: A. Manufacturing, printing, assembling, processing, repairing, bottling, or packaging of products from previously prepared materials, not including any prohibited use in this zone; B. Manufacturing of electrical and electronic instruments, devices and components; C. Wholesale businesses, storage and warehousing; D. Laboratories; research, experimental, film, electronic and testing; E. Truck, trailer, mobilehome, boat and farm implement sales establishments; Page 252 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #6 F. Public and private building material sales yards, service yards, storage yards, and equipment rental; G. Minor auto repair; H. Laundries, laundry services, and dyeing and cleaning plants, except large-scale operations; I. Car washing establishments, subject to the provisions of CVMC 19.58.060; J. Electric Vehicle (“EV”) Service and Sales; JK. Plumbing and heating shops; KL. Exterminating services; LM. Animal hospitals and veterinarians, subject to the provisions of CVMC 19.58.050; MN. The manufacture of food products, drugs, pharmaceuticals and the like, excluding those in CVMC 19.44.050; NO. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140; OP. Temporary tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.600(E)(2);* P. Any other limited manufactured use which is determined by the Commission to be of the same general character as the above uses; Q. Agricultural uses as provided in CVMC 19.16.030; R. Emergency shelters, limited subject to the provisions of CVMC 19.58.143. Page 253 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #7 Chapter 19.28 R-3 – APARTMENT RESIDENTIAL ZONE Sections: 19.28.010 Purpose. 19.28.070 Area, lot width and yard requirements. 19.28.010 Purpose. The purpose of the R-3 zone is to provide appropriate locations where apartment house neighborhoods of varying degrees of density may be established, maintained, and protected. The regulations of this district are designed to promote and encourage an intensively developed residential environment, with appropriate environmental amenities such as open areas, landscaping and off-street parking. To this end, the regulations permit, in accordance with the respective density districts, multiple dwellings ranging from garden apartments to multi-story apartment houses, and necessary public services and activities subject to proper controls. Also permitted, subject to special control, are certain retail and service activities intended for the convenience and service of the residents of the district. (Ord. 3153 § 2 (Exh. A), 2010 19.28.070 Area, lot width and yard requirements. A. The following minimum area, lot width and yard requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.080, and as modified for conditional uses. The minimum requirements shall be designated on the zoning map. Setbacks in Feet District Classification Building Site (sq. ft.) Site Width (ft.) Area per Dwelling (sq. ft.) Front (3) Exterior Side Yard One Interior Side Yard Both Interior Side Yards Rear R-3 7,000 65 1,350(4) 15(1) 10(1) 5(2) 10(2) 15(2) R-3-M 7,000 65 2,000(4) 15(1) 10(1) 5(2) 10(2) 15(2) Page 254 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #7 Setbacks in Feet District Classification Building Site (sq. ft.) Site Width (ft.) Area per Dwelling (sq. ft.) Front (3) Exterior Side Yard One Interior Side Yard Both Interior Side Yards Rear R-3-T 2,000 22 2,000 15(1) 10(1) 0 0 20 R-3-G 7,000 65 2,500 15(1) 10(1) 5(2) 10(2) 15(2) R-3-H 10,000 80 800 15(1) 10(1) 20(2) 50(2) 20(2) R-3-L 7,000 65 3,500 15(1) 10(1) 5(2) 10(2) 15(2) The following are exceptions to the above chart: 1. Front yards: The front setback shall not be less than that specified on the building line map. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district. 2. Side and rear yards: Side and rear yard requirements shall be increased an additional two feet for 25-foot-high structures (this dimension shall include the roof), and shall be increased at the rate of two feet for each story above 25 feet. Exception: When adjacent to an R-1, R-E or R- 2 zone, the side yard setback shall be increased to 15 feet for any structure over one story or 15 feet in height, with an additional two-foot setback required for each story above 25 feet in height. In those cases where the rear yard abuts an R-3, commercial or industrial zone, the Planning Commission may grant up to a 10-foot reduction in the rear yard setback; provided, it is found that the affected open space has been transferred to a more beneficial location on the lot. 3. A front yard of 25 feet shall be required for all parcels fronting upon streets designated as major or secondary thoroughfares on the adopted Chula Vista General Plan; provided, however, that private patios and one-story portions of main buildings not exceeding 15 feet in height shall be permitted within said required front yard exclusive of the front 15 feet of said required front yard which shall be reserved for screening materials and landscaping. Said required front yard setback shall be increased an additional five feet for each story in excess of three stories. 4. The net residential density permitted under the “Area per Dwelling” column of this section’s table is maximum. On lots containing less than 15,000 square feet, the net area required for Page 255 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #7 each dwelling unit established within the R-3 and R-3-M zones shall also be governed by the standards contained within the following table: Area requirements per dwelling unit based upon lot area and the number of bedrooms per dwelling unit REQUIRED AREA PER DWELLING UNIT (Square feet) Lot Area (sq. ft.) Studio and One Bedroom Two Bedroom Three Bedroom Four Bedroom or more R-3 R-3-M R-3 R-3-M R-3 R-3-M R-3 R-3-M 15,000 or more 1,350 2,000 1,430 2,080 1,510 2,160 1,590 2,240 10,000 to 14,999 1,500 2,200 1,580 2,280 1,660 2,360 1,740 2,440 7,000 to 9,999 1,700 2,500 1,780 2,580 1,860 2,660 1,940 2,740 Less than 7,000 2,000 3,000 2,080 3,040 2,160 3,120 2,240 3,200 B. In the R-3, R-3-M, R-3-T, R-3-G, and R-3-L zones, coverage shall not exceed 50 percent of the area of the site. In the R-3-H zone, coverage shall not exceed 25 percent of the site. Page 256 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #8 19.58.445 – Portable Storage and Shipping Containers A. Purpose and Scope. The purpose of this chapter is to establish minimum development standards for the placement and maintenance of portable shipping and storage containers within the City in order to maintain the aesthetic appearance of the city, preserve property values, and protect the public health, safety and welfare. These standards are in addition to Federal, State, and local laws and regulations. Wherever there is a conflict between this chapter and other laws or regulations, the more restrictive standard shall apply. B. Definitions. For the purposes of this Section, the following definitions shall apply: 1) “Portable storage container” means a container typically no larger than eight feet by eight and one-half feet by sixteen (16) feet, and, transported to a designated location for temporary storage purposes. Examples include, but are not limited to, Portable On Demand Storage (“PODS”) and U-Haul “U-Box” containers. 2) “Shipping container” means an industrial, portable vessel typically not greater than forty (40) feet in length, intended for the large-scale shipping or transportation of goods or commodities, and generally designed to be mounted on a rail car, truck, or ship. C. Allowed uses. The use of portable storage containers and shipping containers shall comply with the regulations applicable to the zoning district in which they are used. Failure to abide by these regulations shall be subject to fine and nuisance abatement pursuant to Chapter 1.30. 1) Residential Districts (R districts). a. Shipping containers shall not be allowed in any residential zoning district, except in conjunction with active construction permit. b. Portable storage containers shall be permitted in any residential zoning district if only confined solely within an existing driveway, or, within the public right-of-way with an approved temporary encroachment permit. 2) Commercial Districts (C districts). a. Shipping containers shall be permitted as an accessory use in the C-T and C-C zones, subject to the standards set forth in this Section. b. Portable storage containers shall be permitted in any commercial zoning district, including the C-T and C-C zones, subject to the standards set forth in this Section. 3) Industrial Districts (I zones). a. Within the I-L and I zones, shipping containers shall be permitted by right as either an accessory use, or, a principal use with an approved Design Review Permit, subject to the standards set forth in this Section. 4) Other Districts Not Specified. Shipping containers and portable storage containers are prohibited unless expressly allowed. Page 257 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #8 E. Vacant Properties. Shipping containers and portable storage containers shall not be allowed on otherwise vacant parcels in any zoning district except when used in conjunction with construction executed in compliance with an approved construction permit from the City, placed on the same parcel as the construction, and subject to standards set forth in this Section. F. Notwithstanding any other provision of this chapter, shipping containers and portable storage containers used by the city for a municipal purpose shall not be subject to the standards of this chapter. Such shipping containers and portable storage containers should be located and appropriately screened to minimize visual impacts on the community. G. Existing shipping containers that are placed on municipal properties with the express permission of the underlying land owner(s) as of the effective date of this chapter shall be considered a legal nonconforming use and allowed; provided, however, owners of such a container shall screen the container from the public right-of-way as best as possible. Examples include decorative fencing or landscaping, painting a mural on the container, or relocating the container. H. Development Standards – Portable Storage Containers. Use of portable storage containers shall be subject to the following limitations and approval of a temporary use permit from the city. 1) Frequency. No more than one portable storage container shall be placed on a single lot or parcel of land within a residential zone. 2) Location. Portable storage containers shall be placed on private property, and not within the public right-of-way. If the subject property does not have a driveway, a portable storage container may be placed in the public right-of-way with an approved temporary encroachment permit. 3) Duration. Portable storage containers placed on private property shall not remain longer than thirty (30) consecutive calendar days. Portable storage containers placed within the public right-of-way with an approved temporary encroachment permit shall not remain longer than fourteen (14) consecutive calendar days. Under no circumstances may a portable storage container be allowed on the same lot or parcel for more than ninety (90) total days in a calendar year. 4) Use. Portable storage containers shall only be used for the storage of goods, materials, equipment, or property. Portable storage containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Non-storage use of portable storage containers is not allowed. 5) Permittee Responsibilities. The permitee shall be responsible for ensuring that the portable storage container is removed in a safe manner and that no debris or materials remain on or around the portable storage container site. I. Development standards—Shipping containers. Use of shipping containers shall be subject to the following limitations. 1) General Standards. a. Use. Shipping containers shall only be used for the storage of goods, materials, equipment, or property associated with the principal use of the parcel on which the container is located. Shipping containers shall not be used to store or transport Page 258 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #8 hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Non-storage use of shipping containers as a principal use within an industrial zone may be allowed if approved pursuant to this Section. b. Maximum Height. If not stacked, shipping containers shall not exceed nine (9) feet in height. Stacked shipping containers shall not be more than two containers high, or a maximum of twenty (20) feet, and placed on a surface that can withstand its weight. c. Location. Shipping containers shall be placed on the parcel and proximate to other structures on the parcel pursuant to fire code regulations and this Code, including setbacks from property lines and other location requirements for accessory structures. The Zoning Administrator shall review and approve any changes to setbacks if the applicant can establish that such use will not be detrimental to the community welfare or safety of the property and surrounding uses. d. Signage. No advertising is allowed on or otherwise in conjunction with a shipping container. The exception to this is if the manufacturer’s name is printed on the container. e. Exterior Façade. Shipping containers shall not display signage beyond that required by law and shall be kept free of graffiti. Any graffiti shall be removed within seven calendar days of discovery. 2) Commercial Districts. a. Frequency. A maximum of two containers on a single lot or parcel of land. Stacking is prohibited. b. Buffer from Residential Districts. Shipping containers shall not be located within three hundred (300) feet of an existing residential district. c. Screening. Shipping containers shall be fully screened from public view. Screening may include, but is not limited to, walls or solid fencing, or fast-growing landscaping. 3) Industrial Districts. a. Frequency. i. Principal Use. Where the principal use of the parcel is a business that sells, leases, or places shipping containers at locations and does not provide on- site storage of goods or commodities as a service there is no frequency limit, provided the shipping containers meet the standards set forth in this Section. Stacking is permitted with height not to exceed twenty (20) feet. b. Accessory Use. i. A shipping container shall not be allowed as an accessory use on a single lot or parcel that is less than one acre. Page 259 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #8 ii. No more than fifteen (15) shipping containers shall be allowed as an accessory use on a single lot or parcel that is greater than one acre. Stacking is permitted with height not to exceed twenty-five (25) feet. iii. A parcel may contain more shipping containers than permitted by obtaining a conditional use permit, and approval by the Planning Commission, who, when approving such permit, shall make the following findings: A. The shipping containers shall not pose a threat to the public health, safety, or welfare due to their placement, frequency, or condition. B. The shipping containers shall be placed in accordance with fire and building code standards. C. The shipping containers are, and shall remain, in good repair such that no container, due to its structural condition, contents, immediate surroundings, or other condition, contributes to visual blight or nuisance conditions. D. The applicant shall reduce any potential for visual blight or nuisance conditions and shall implement and maintain those improvements at all times. Such improvements may include any enhancements deemed acceptable and appropriate by the City. iii. Setbacks. Stacked shipping containers shall be placed at least one hundred and fifty (150) feet from any public right-of-way. Non-stacked shipping containers shall be placed at least one hundred (100) feet from any public right-of-way. iv. Buffer from Residential Districts. Shipping containers shall not be placed within five hundred (500) feet of any residential district. J. Temporary use of shipping containers. Shipping containers shall be allowed in all zones on a temporary basis subject when utilized during construction operations for the parcel, pursuant to an approved construction permit, and, when utilized solely for the storage of supplies and equipment used for such construction operations. Removal of the container shall occur either upon occupancy of the building or expiration of the construction permit, whichever occurs first. K. Nonconforming uses—Portable storage and shipping containers. 1) Unless otherwise provided by this chapter, all illegal, nonconforming uses of shipping containers and portable storage containers within the city as of the date of the adoption of this chapter are prohibited and may be subject to citation, fine, or abatement pursuant to Chapter 1.30, or other civil or criminal penalties. 2) A shipping container constructed or placed prior to the date of adoption of this chapter shall be allowed to continue provided that the shipping container meets the following conditions: a. The shipping container is on a parcel in an industrial zone. Page 260 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #8 b. The shipping container, nor use of the container, is not modified, increased, enlarged, or extended beyond that in existence on the date of adoption of this chapter. Page 261 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #9 19.58.400 Recreational vehicle storage yards. 1. An application to establish a recreational vehicle (RV) storage yard (storage area for motorhomes, camping trailers, boats and other recreation equipment) shall address the following issues: (1) height limit for stored items, (2) screening (landscaping and fencing), (3) surfacing, (4) access to the site, (5) office facilities, (6) customer parking, (7) lighting, (8) hours of operation, (9) security, (10) signing, (11) surrounding land uses and structures. The application shall also be accompanied by a comprehensive list of items which would be eligible for storage. Any subsequent additions to the list shall be subject to the approval of the Director of Development Services, or designee. The approval of an RV storage yard grantedjudged by the Planning Commission to represent an interim use of land based upon zoning, development patterns, and/or pending plans in the area shall be subject to a review and report filed each year by the owner with the Development Services DepartmentCity Zoning Administrator. Failure to file the report or abide by the conditions of approval shall cause the matter to be set for a rehearing before the Planning Commission to consider revocation of the permit or other appropriate corrective action. Permits for interim RV storage yards shall be granted for a maximum period of five years with extensions subject to rehearing before the Planning Commission. 2. Recreational vehicles, specifically motorhomes and camping trailers, parked on a residentially-zoned property (R districts) or a property with a residential use, shall not be used as a dwelling, permanent or temporary. i. No more than a total of two (2) motorhomes or camping trailers shall be parked at any time on a residentially-zoned property (R districts) or a property with a residential use. Page 262 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #10 19.14.490 Home occupations – Permit required when – Restrictions and requirements – Revocation when – Appeals. In any R zone, a customary home occupation may be permitted subject to a home occupation permit granted by the Development Services DepartmentDirector which is merely incidental and secondary to residence use. Each such permit shall be accompanied by the required filing fee(s). The following are typical home occupations: fine arts, handicrafts, dressmaking, millinery, laundering, preserving, home cooking, route salesman; or office of a doctor, dentist, lawyer, architect, engineer, teacher or member of another recognized profession. In approving a home occupation permit, the Development Services Department must find that the use can be conducted safely, will not have an adverse effect on the neighborhood or other adjacent uses, and can reasonably be expected to conform to the following restrictions: The home occupation shall not: A. No use shall create or cause noise, dust, vibration, smell, glare or electrical interference or other hazards or nuisances. B. No employees other than residents of the dwelling shall be allowed in connection with a home occupation. (Babysitters or domestic servants are not considered employees of a home occupation.) C. There shall be no clients or customers on the premises at any time, except where the Development Services Department determines that limited customer traffic may be warranted due to the nature of the business. D. If a home occupation is to be conducted on rental property, the property owner's authorization for the proposed use shall be obtained prior to the issuance of a home occupation permit. E. Where the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored and sold directly to customers at an off-premises location. F. There shall be no use of material or mechanical equipment not recognized as being part of a normal household or hobby use. G. No vehicle larger than a one-ton, four-wheel truck may be used in connection with a home occupation. H. Activities conducted, and equipment or material used, shall not change the fire safety or occupancy classifications of the premises nor use utilities in amounts greater than normally provided for residential use. I. There shall be no direct (in-person) sale of products or services on the premises. Page 263 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #10 J. The use shall not involve the special use of commercial vehicles for delivery to or from the premises. K. There shall be no storage of material and/or supplies, indoor or outdoor for purposes other than those permitted in the residential zone. L. The home occupation shall not be identified by a sign. M. A structure or space outside of the main building or an accessory structure, including the garage, may be used for home occupation purposes. Whenever a garage is used, the home occupation shall not reduce the required parking area as established in Section 19.62.050. N. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which causes the premises to differ from its residential character either by use of colors, materials or construction, lighting, signs, sounds or noises, vibrations, or similar distinctive workings. O. The Development Services Department may impose such conditions on the issuance of the permit as are necessary to ensure that the use will have no adverse effect on the neighborhood, and it shall be unlawful for a home occupation to be carried on in violation of such conditions or so as not to conform with the requirements of this Section. Involve the use of power equipment using motors of more than a total of one horsepower capacity or the equivalent thereof, unless a use permit therefor shall have been issued by the Planning Commission; B. Generate vehicular traffic in excess of that associated with a residential use; C. Create a nuisance by reason of noise, dust, odor, vibration, fumes, smoke, electrical interference, or other causes; D. Permit any external display of products, merchandise, or any sign to identify the home occupation. A home occupation permit shall be revoked by the Director of Development Services upon violation of any requirement of this chapter, or of any condition or limitation of any permit issued, unless such violation is corrected within 15 days of notice of such violation, and any such permit may be revoked for repeated violation of the requirements of this section or of the conditions of such permit. In the event of denial of any permit, or the revocation thereof, or of objection to the limitations placed thereon, an interested party may then appeal the determination within 10 business days to the Planning Commission by filing a written statement with the Development Services Department, stating the reasons for appeal. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than 30 calendar days to set the matter for public hearing Page 264 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #10 in front of the Planning Commission. The meeting date shall also be no more than 60 calendar days from the application’s filing date. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Director of Development Services. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the Planning Commission shall be final. Page 265 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #11 19.14.860. Substantial Conformance Review. A. The Zoning Administrator may approve minor changes to a previously-approved discretionary permit at the administrative level (and without a public hearing) if the proposed changes are in substantial conformance with the existing permit and would not require any additional environmental analysis. Such proposed changes shall not significantly affect the design, intensity or intent of the approved project or reduce any requirement intended to mitigate an environmental effect, alter any public improvement or facility or conditions for which other properties or developments may rely, nor have an adverse effect upon public health, safety, or welfare. B. Application Submittal. Applications for substantial conformance review shall be filed with the Development Services Department on a form prescribed by the Director of Development Services, and, accompanied by fees as set forth within the City’s Master Fee Schedule. C. A substantial conformance determination may include: 1. Structural additions to non-residential projects of no greater than ten (10) percent of the total floor area. 2. Structural additions or alterations to existing residential projects that add no additional units. 3. Changes to parking and circulation configurations which do not change the basic parking areas or circulation concept or reduce the number of parking spaces. 4. Landscape modifications which do not alter the general concept or reduce the effective amount of landscaping. 5. Architectural or exterior material or color changes which do not change the basic form and theme of an existing building, do not change the location of windows or doors, or conflict with the original architectural form and theme of an existing building. 6. Other requests similar to the above-listed changes, as determined by the Zoning Administrator. D. Approval. No official notice of decision is required for determinations of substantial conformance. The approval period shall be valid until the expiration of the original permit, unless an extension of time has been granted. Page 266 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #12 19.14.025 Zoning Administrator – Determination of similar uses. A. Determination of Similar Uses. The Zoning Administrator may determine that a proposed use not listed in the zoning district as permitted or conditionally permitted is allowable, if all of the following findings are made: 1. The characteristics of, and activities associated with, the proposed use are equivalent to one or more of the listed uses; 2. The proposed use will be consistent with the purposes of the applicable zoning district; and 3. The proposed use will be consistent with the General Plan and any applicable specific plan. When the Zoning Administrator determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this title apply. The Zoning Administrator is granted wider authority to allow unlisted land uses in different zones subject to specific findings being made. Page 267 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #13 19.60.050 Standard provisions. The policies, rules and regulations stated in this section apply to all signs within the regulatory scope of this chapter, and to all provisions of this chapter, notwithstanding any more specific provisions to the contrary. A. Message Neutrality. It is the City’s policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. B. Regulatory Interpretations. All regulatory interpretations of this chapter are to be exercised in light of the City’s message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a “structure” as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this chapter. C. Substitution of Messages. Subject to the land owner’s consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message; provided, that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. D. Rules for Noncommunicative Aspects of Signs. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process. E. Billboard Policy. The City completely prohibits the construction, erection or use of any billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted. The City adopts this policy pursuant to California Government Code Section 65850, California Business and Professions Code Sections 5354(a) and 5408.3 (both effective January 1, 2003). No permit shall be issued for any billboard which violates this policy, and the City will take immediate abatement action against any billboard constructed or maintained in violation of this policy. The City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate Page 268 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #13 presently existing, legal billboards, as encouraged by California Business and Professions Code Section 5412. F. Multiple Use Zones. In any zone where both residential and nonresidential uses are allowed, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential use where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process. G. Severance. If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the City Council affirmatively declares that it would have approved and adopted the chapter even without any portion which may be held invalid or unenforceable. H. Land Owners’ Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, “owner” means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property. I. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this chapter), or the ownership of sign structures. J. Sign Programs. Sign programs, voluntarily proposed for specific developments, as well as special sign districts or special sign overlay zone, when approved by the Zoning AdministratorPlanning Commission or the City Council may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other noncommunicative aspects of signs, but may not override or modify any of these standard provisions. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. Page 269 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #14 19.14.593 Findings for Approval - Design Review. A. The proposed Project is consistent with the City of Chula Vista’s General Plan, Title 19 of the Municipal Code, Sectional Planning Area, Specific Plan, etc. B. The proposed Project is consistent with the design requirements and recommendations contained in the City of Chula Vista’s Design Manual. C. The project would not adversely affect the health, safety, or general welfare of the community. 19.83.015 Finality of City action. A local decision on an application for a development shall be deemed final when (A) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified LCP, and that the required conditions of approval adequate to carry out the certified LCP as required in the implementing ordinances have been imposed, and (B) all rights of appeal have been exhausted as defined in CVMC 19.83.019. A decision to approve a coastal development permit must be based upon the following written findings: 1. The proposed project is consistent with the certified Local Coastal Program of the City of Chula Vista. 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) and that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et seq. of the Coastal Act. Page 270 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #15 19.14.582 Design review approval. A. Plans for the establishment or, location, expansion or alteration of (1) multifamily buildingsstructures in all multifamily residential zones, and (2) nonresidential buildings structures in all commercial and industrial zones, shall require design review by the Planning Commission. Patio covers, shade structures, awnings, and other similar architectural features within these same zones shall not require design review. B. The Planning Commission shall approve, conditionally approve or deny such plans. The Planning Commission shall base its findings and actions on the design review provisions of the affected design manuals of the City. CB. The Zoning Administrator has the discretion, with the concurrence of the applicant, to act in the place of the Planning Commission in the case of minor projects, including new construction or building additions to commercial, industrial, or institutional projects with a total floor area of 1020,000 square feet or less, and residential projects of 2010 units or less. Generally, Tthe Zoning Administrator and/or Planning Commission shall base its findings and actions upon the provisions ofwithin this Chapter and the affected design manuals of the City. Page 271 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #16 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 19.64.160 Previously conforming structure – Replacement – Nonresidential. A. A previously conforming nonresidential structure, whether to be replaced by the exact same structure and/or use, or, incurreding damage by fire, explosion, wind, earthquake, war, riot, or other calamity or act of God, which damage does not exceed 60 percent of its value, as established by the City Manager or designee, at the time of damage, may be reconstructed subject to the conditions in CVMC 19.64.170. 1. Notwithstanding subsection (A) of this section, reconstruction shall not be permitted in the City right-of-way. B. In no event shall a previously conforming nonresidential structure incurring damage exceeding 60 percent of its value, as established by the City Manager or designee, at the time of damage, be reconstructed or restored to its condition prior to such damage. (Ord. 3153 § 2 (Exh. A), 2010). Page 272 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #17 Chapter 19.14 ADMINISTRATIVE PROCEDURES – PERMITS – APPLICATIONS – HEARINGS – APPEALS Sections: 19.14.800 Initiation of amendments to the General Plan, sectional planning area plans, general development plans, specific plans, and precise plans and rezonings. 19.14.810 Purpose of initiation procedures. 19.14.815 Initiation approval does not constitute project approval. 19.14.820 When an initiation application is required. 19.14.830 Initiation application process. 19.14.840 Criteria for approval of an initiation of amendments to land use plans or rezone. 19.14.850 Process for approval of an initiation of land use plan amendment or rezone. 19.14.800 Initiation of amendments to the General Plan, sectional planning area plans, general development plans, specific plans, and precise plans and rezonings. 19.14.810 Purpose of initiation procedures. The purpose of these procedures is to establish a process for the initiation of General Plan, sectional planning area plans, general development plans, specific plans, and precise plans (land use plan amendments) or rezoning of any property within the City of Chula Vista. The initiation process is intended to seek Planning Commission or City Council direction on whether to commit City resources to potentially make changes to a land use plan or to rezone property within the City of Chula Vista. The initiation process is not intended for every proposed land use plan amendment or rezoning of property and City staff are hereby exempted from it. It is only intended for land use plan amendments proposed by a private person that from the outset may or may not have the support of staff, and as such are being referred to the Planning Commission or City Council for review. 19.14.815 Initiation approval does not constitute project approval. The City Council hereby finds that these procedures do not commit the City to any definite course of action, including, but not limited to, approval or denial of any proposed land use plan amendments or Page 273 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #17 rezoning prior to California Environmental Quality Act (CEQA) review being conducted. Rather, these procedures set forth the City’s intent to give staff direction to further explore the merits of any proposed land use plan amendment or rezone commensurate with the submittal of a future project. Notwithstanding the foregoing, nothing in these procedures will be construed as circumscribing or limiting the City’s exercise of discretion with respect to any future land use plan amendment or rezone in connection with a project. Any and all future discretionary actions may be exercised in the sole and absolute discretion of the City. The party requesting a potential land use plan amendment or rezone assumes the risk, and in accordance with the application for initiation, shall waive, release, defend, protect and indemnify the City from and against any claims alleging City approval of the initiation approval request constituted an approval of the proposed land use plan amendment or rezoning. 19.14.820 When an initiation application is required. Subject to applicable laws, the City is under no obligation to process a private request for a land use plan amendment or rezoning. A private proposal to amend a land use plan or to rezone any property in the City may be requested for City approval by filing an application for initiation. 19.14.830 Initiation application process. An initiation application for a land use plan amendment or rezone shall be filed with the City Manager, or designee, in accordance with the following requirements: A. Authority to File an Application. The following persons are deemed to have the authority to file an application: 1. The record owner of the real property that is the subject of the land use plan amendment or rezone; 2. The property owner’s authorized agent; or 3. Subject to the City Manager’s approval, any other person who can demonstrate a legal right, interest, or entitlement to the use of the real property subject to the application. B. Submittal Requirements. The application shall be made on a form provided by the City Manager and shall be accompanied by the materials, information, fees, and deposits that are required on the date the application is filed. The application shall be deemed complete when the department processing the application has determined that the application includes all of the information, materials, fees, and deposits required by this section. The City may, in the course of processing the Page 274 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #17 application, request that the applicant clarify, simplify, or provide in alternate format or medium, the information required for the application. C. Materials and Information. The City Manager shall maintain a list specifying the materials and information to be submitted with each initiation application for a land use plan amendment or a rezone. The list may be revised on a quarterly basis or as needed to comply with revisions to local, state, or federal law, regulation, or policy. The subject list shall be available at the Development Services Department and shall apply to all applications submitted. 19.14.840 Criteria for approval of an initiation of amendments to land use plans or rezone. An application of initiation of an amendment to a land use plan or zone may be approved by the Planning Commission or City Council if all of the following criteria are met: A. The proposed land use plan amendment or rezone is consistent with the goals and policies of the General Plan; B. The proposed land use plan amendment or rezone provides equal or greater public benefit to the community as compared to the existing land use designation, density/intensity range, or plan policy; and C. Public facilities are available to serve the proposed change in land use designation or density/intensity, or their provision will be addressed as a component of the land use plan amendment or rezoning process. 19.14.850 Process for approval of an initiation of land use plan amendment or rezone. Land use plan amendment or rezoning initiation requests shall be decided by Planning Commission or City Council at a public hearing noticed in accordance with CVMC 19.12.070. The decision shall be limited to whether staff should be directed to accept a formal application for a land use plan amendment or rezone and to bring the action and appropriate environmental review through the Planning Commission for recommendation and to City Council for final consideration at a future date. Initiation actions shall not commit staff nor future decision makers to a specific recommendation on the proposal or to any specific future action. The Planning Commission and City Council reserve the right to exercise their police power and land use authority with respect to any future land use plan amendment or rezone in their sole and absolute discretion as required by and in Page 275 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #17 accordance with applicable laws. Initiation requests shall be heard by City Council within 40 business days from the date the initiation application is deemed complete. A staff review of the application of this chapter to specific initiation requests should be conducted within a year of the effective date of the ordinance codified in this chapter. The results of this review shall be provided to Planning Commission and City Council upon request. Page 276 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Attachment #18 19.58.500 Trash Hauling Requirements for New Development Projects. A. The construction of new single-family residential, multi-family residential, and mixed-use projects shall comply with the City’s Recycling and Solid Waste Planning Manual, originally adopted by City Council Resolution 2005-023, as amended from time to time. Page 277 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda v . 0 0 4 P a g e | 1 June 25, 2024 ITEM TITLE Ballot Initiative: Place a Measure on the November 5, 2024 Ballot to Continue the One-Half Cent General Sales Tax for 10 Years, Carry Out Necessary Election Procedures, Approve Related Ordinance Amending CVMC 3.33, and Authorize Other Necessary Actions Report Number: 24-0191 Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Adopt the following: A. Ordinance of the City of Chula Vista amending Title 3, Chapter 3.33 of the Chula Vista Municipal Code to continue a temporary one-half cent general transactions and use tax to be administered by the California Department of Tax and Fee Administration. (First Reading) (4/5 vote required) B. Resolution of the City Council of the City of Chula Vista 1) amending Resolution No. 2024-054 calling a general municipal election to be held on Tuesday, November 5, 2024; 2) ordering submission to the qualified voters of the city, a proposed ordinance relating to the extension of a one-half cent general transactions and use tax; 3) authorizing the Mayor to submit ballot arguments in favor of the measure; and 4) directing the City Attorney to prepare an impartial analysis of the measure. (4/5 vote required) Page 278 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 2 SUMMARY The City of Chula Vista, like many cities throughout the country, struggles to repair and/or replace its aging infrastructure. In 2016, Chula Vista voters approved Measure P which is anticipated to provide $245 million to repair or replace critically needed city-owned infrastructure. This item presents a formal ballot measure for City Council consideration for placement on the November 5, 2024 statewide election ballot to allow the City to continue to address additional high priority needs. The measure is for the continuation of a one-half cent transactions and use tax measure (the "Measure") for 10 years. Although the City's most pressing need is infrastructure improvement, repair and maintenance, the tax is a general tax which can be spent for any lawful purpose of the City. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. In addition, notwithstanding the foregoing, the Director of Development Services has also determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION At the April 25, 2024 meeting of the Measure P Citizen Oversight Committee, the Committee recommended approving funding to place this item on the November 5, 2024 ballot. DISCUSSION In 2016, the City Council placed a temporary one-half cent general transactions and use tax, Measure P, on the November ballot for voter consideration. Measure P was overwhelmingly approved by the voters, receiving a 68.43% yes vote. During the tenure of this Measure, major infrastructure projects delivered include: 7,700 sidewalk segments were repaired or replaced to alleviate trip hazards. 330 residential street segments rehabilitated and repaired. 138 public safety vehicles replaced. 150 storm drain locations and 20,000 linear feet of corrugated metal pipe repaired or replaced to prevent sinkholes. 13 City buildings and public facilities renovated. Two fire stations relocated to improve response times. Construction of a new Loma Verde Community Center. Reconstruction of basketball courts, bleachers, picnic benches, drinking fountains, expanded ADA access and new restrooms at Rohr Park. ADA, roof and electrical upgrades to the Civic Center Library. 9 Energy efficient HVAC upgrades at City facilities. 1 citywide water efficient irrigation system installed. Page 279 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 3 Staff is recommending continuation of the existing one-half cent general transactions and use (sales) tax for an additional ten years, without raising taxes, to allow the City to address items that were identified as greatest importance based on public outreach. In May 2024 a survey was distributed to all 92,000 residences in the City. The survey responses ranked the following items of highest importance to the community: Fixing potholes and paving and maintaining local streets. Keeping existing parks and recreation facilities safe, clean and well-maintained. Addressing homeless encampments and increasing cleanup efforts. Repairing or replacing aging underground stormwater pipes that are at risk of collapse and creating sinkholes. Repairing infrastructure including sidewalks, curbs, and storm drains. Cleaning up trash and litter along streets, sidewalks and in other public areas. Making improvements to roads and intersections to better manage traffic congestion on City streets. Adding sidewalks in priority areas. While a general use tax cannot approve a specific list of projects, community feedback has provided types of critical and emerging needs that could be addressed with such a measure. As a general tax, the approval requirement is a simple majority (50%+1) of voters. It is recommended that the current Citizen Oversight Committee continue its role to ensure public confidence in the use of the funds. The Citizen Oversight Committee is an effective way to guide the expenditure of the funds throughout the life of the Measure. The Citizen Oversight Committee would continue to serve in an advisory capacity. In particular, the Committee will continue to review the Measure's annual spending plan and state whether or not it is consistent with the City Council Infrastructure, Facilities and Equipment Expenditure Plan. The Committee will continue to review the Independent Auditors' Report on revenues and expenditures and present an annual report to the City Council with findings relative to the use of Measure's funds. The Mayor and City Council shall continue to appoint all members of the Committee. It is highly desirable that members of the Committee have accounting, finance, engineering or experience in a related discipline (including construction), but not required. The members will continue to be residents or representatives of businesses located within the City of Chula Vista and shall not be elected officials or current City employees. While the Citizen Oversight Committee does not have budget authority, it is a public body governed by the Brown Act, which requires open public meetings, properly noticed and posted agendas, and reports and minutes. The clear accounting of additional revenue and resulting expenditures is key to transparency. Revenue from the sales tax Measure is a general tax and shall be realized in the General Fund in a separate line item (i.e. Sales Tax - Measure P). In order to provide greater transparency, these funds will then be transferred to a fund established for the Measure where all transactions will be accounted for in accordance with generally accepted accounting principles (GAAP). If the Measure is approved by the voters, prior to the City Council consideration of the City's annual budget, staff will continue to prepare and present to the Citizen Oversight Committee a spending plan for the Measures revenues. Such plan shall include specific proposals for near term expenditures, a plan for expenditures throughout the 10-year term of the tax, and finance options for larger scale projects. After review by the Committee, the spending plan will be incorporated into the City Manager's proposed budget for consideration as part of the City's annual budget process. Page 280 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 4 The sales tax rate currently applied in the City of Chula Vista is 8.75%. This includes a combined statewide amount of 7.25%, a San Diego County district tax of 0.50% for the TransNet program, Measure A, a local 0.50% general sales tax that is being used for public safety, and Measure P, a local temporary 10-year 0.50% general sales tax being used for infrastructure. Of the total 8.75% collected, the City receives 2%. Pursuant to California Revenue and Taxation Code Section 7251.1, the combined rate of all taxes imposed in any county (above the statewide tax rate) may not exceed 2%. Continuing a general-purpose tax of one-half percent (0.50%) for 10 years after the current measure expires is projected to generate an estimated $373 million in additional revenues over the life of the Measure; with actual revenues determined by economic conditions. Also pursuant to California Revenue and Taxation Code, food items (groceries), prescriptions, certain medical devices, and other "Necessities of Life" items are exempt from sales tax (see Sections 6006, 6010, 6016, 6018, 6353, 6358, 6359, 6363, 6364, 6365, 6366, 6370, 6371, 6373, 6408, and 6409). If approved by the voters, the current tax would remain in effect until March 31, 2037. The ballot language to be presented to the voters is as follows: Shall the measure to continue funding City of Chula Vista services including fixing potholes; keeping streets, sidewalks, infrastructure, parks, public facilities safe, clean, well-maintained; repairing aging storm drains; managing traffic congestion; and removing trash/graffiti from public spaces, by renewing City of Chula Vista’s half-cent transactions and use tax at the current rate (no increase), continuing an estimated $37,000,000 annually for general government use for 10 years, with citizen oversight, independent audits, and all money locally controlled, be adopted? The revenue from this Measure would continue to be paid in addition to the existing sales tax and would be collected at the same time and in the same manner as the existing sales tax except as to vehicle sales, which are taxed based on where the vehicle will be used, rather than where it is sold. This avoids creating a competitive disadvantage for car and other vehicle dealers in cities with local sales taxes. As with the existing tax, the new revenue would be collected by the State Board of Equalization, however all revenue generated would be dedicated to Chula Vista and could not be diverted to the state or other agencies. Because the Measure is a proposed "general tax", the revenues would go into the City's General Fund and could be used for any legal municipal purpose. City staff recommends a general use sales tax measure to address general asset management needs, including infrastructure and associated staffing to maintain a safe and clean community. PROCESS The California Revenue and Taxation code authorizes the levy of a transactions and use tax (a sales tax or 'district' tax) by any county, city, city and county, or any other governmental agency. In order to proceed, pursuant to California Revenue and Taxation Code Section 7285.9 and other applicable state law, the City Council must first enact an ordinance amending Title 3, Chapter 3.33, of the Chula Vista Municipal Code entitled "Chula Vista Temporary Half-Cent Sales Tax," extending the temporary one-half cent general transactions and use tax. The next step is adoption of a resolution amending Resolution No. 2024-054 calling a general municipal Page 281 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Page 5 election to be held on Tuesday, November 5, 2024, and ordering the submission of a proposition to the voters at said election, to consider approval of the ordinance. If approved, the ordinance would extend the current transactions and use (sales) tax at the rate of one-half percent (0.50%) of the gross receipts of any retailer from the sale of all tangible personal property sold in the City through March 31, 2037. Ballot Arguments California Elections Code Section 9282, and Municipal Code section 2.50.150, allow the legislative body, any member or members of the legislative body authorized by that body, any individual voter who is eligible to vote on the Measure, or bona fide association of citizens, or any combination of voters and associations, to submit an argument for or against a measure placed on the ballot by the legislative body. Arguments may not exceed 300 words in length and must be submitted to the City Clerk no later than August 15, 2024. The action tonight would authorize the Mayor to submit arguments in favor of the Measure, on behalf of the City Council. Pursuant to a resolution previously adopted by the Council allowing rebuttal arguments, rebuttal arguments will be allowed, in accordance with Elections Code Section 9285. Rebuttal arguments ma y not exceed 250 words and must be submitted to the City Clerk no later than August 20, 2024. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact in the current fiscal year. ONGOING FISCAL IMPACT The fiscal year 2024-25 adopted budget includes funding to place the measure on the November 5, 2024 ballot. If the ballot measure is approved by the voters, it is projected to generate an estimated $373 million over a 10-year period, with the actual revenues determined by economic conditions. As stated in the proposed ballot question, the estimated tax revenues are based on current revenues and include an inflation escalator. As is in place now, following review by the Citizen Oversight Committee, the spending plan will be included in the City Manager's proposed budget for Council consideration as part of the normal budget process. ATTACHMENTS None. Staff Contact: Courtney Chase, Deputy City Manager Page 282 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 3, CHAPTER 3.33 OF THE CHULA VISTA MUNICIPAL CODE TO CONTINUE A TEMPORARY ONE-HALF CENT GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION Subject to approval by an affirmative, simple majority vote of the people as required by law, the People of the City of Chula Vista do ordain as follows: Section I. Title 3, Chapter 3.33 of the Chula Vista Municipal Code, entitled “Chula Vista Temporary $0.005 Sales Tax” is amended as set forth below, continuing a local transactions and use tax within the City of Chula Vista, to be administered by the California Department of Tax and Fee Administration. Deletions are indicated by strikethroughs and additions are indicated by underlines. Section II. Section 3.33.020, subsection C. is amended to read as follows: 3.05.020 Purpose. . . . C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization California Department of Tax and Fee Administration in administering and collecting the California State sales and use taxes. Section III. Section 3.33.050 is amended to read as follows: 3.33.050 Termination date. The authority to levy the tax imposed by this chapter shall expire March 31, 203710 years following the operative date. Page 283 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Section IV. Section 3.33.060 is amended to read as follows: 3.33.060 Contract with the State Board of Equalization. Prior to the operative date, City shall contract with the State Board of Equalization California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this chapter; provided, that if the City shall not have contracted with the State Board of Equalization California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract, and in such a case the operative date shall be the first day of the first calendar quarter following the execution effective date of such a contract. Section V. Section 3.33.070 is amended to read as follows: 3.33.070 Place of sale. For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out- of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization California Department of Tax and Fee Administration. Section VI. Section 3.33.090 is amended to read as follows: 3.33.090 Limitations on adoption of state law and collection of use taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the state of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word “state” is used as part of the title of the State Controller, State Treasurer, Victim Compensation and Government Claims Board, State Board of Equalization California Department of Tax and Fee Administration, State Treasury, or the Constitution of the state of California. Page 284 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2. The result of that substitution would require action be taken by or against this City or any agency, officer, or employee thereof, rather than by or against the State Board of Equalization California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this chapter. 3. In those sections, including but not necessarily limited to sections referring to the exterior boundaries of the state of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word “City” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 and in the definition of that phrase in Section 6203. 1. A “retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder. Section VII. The adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq. and California Code of Regulations, title 14, section 15000 et seq. (CEQA Guidelines). The general transactions and use tax this Ordinance adopts does not “involve any commitment to any specific project which may result in a potentially significant physical impact on the environment,” and thus it is not a project under CEQA Guidelines section 15378(b)(4). Section VIII. If a majority of City voters cast votes in favor of this Ordinance in the election held on November 5, 2024, this Ordinance shall be considered adopted and may be executed below upon the date that the vote is declared by the City Council. Page 285 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Section IX. As soon as practicable after this Ordinance is adopted pursuant to Section 8, the City Clerk shall certify to the passage and adoption of this Ordinance, cause it to be published according to law, and shall transmit it to the California Department of Tax and Fee Administration. The Mayor and City Clerk are hereby authorized to execute this Ordinance where indicated below to give evidence that the votes have approved it. Section X. This Ordinance and Chapter 3.33 of the Chula Vista Municipal Code may be amended or repealed by ordinance of the City Council or the voters. However, as required by Article XIII C of the California Constitution, no amendment to this Ordinance may increase the rates of the taxes above those authorized by this Ordinance unless such amendment is submitted to and approved by the voters. Section XI. The proceeds of the taxes imposed by this Ordinance and Title 3, Chapter 3.33 of the Chula Vista Municipal Code may be used for any lawful purpose of the City, as authorized by ordinance, resolution, or action of the City Council. These taxes are not special taxes within the meaning of Article XIII C, section 1(d), but are general taxes imposed for general government purposes. Page 286 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) AMENDING RESOLUTION NO. 2024-054 CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024; 2) ORDERING SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY, A PROPOSED ORDINANCE RELATING TO THE EXTENSION OF A ONE-HALF CENT GENERAL TRANSACTIONS AND USE TAX; 3) AUTHORIZING THE MAYOR TO SUBMIT BALLOT ARGUMENTS IN FAVOR OF THE MEASURE; AND 4) DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE WHEREAS, as approved by City of Chula Vista ("City") voters and authorized by state law, the City imposes a transactions and use tax, commonly known as a local sales tax or “Measure P,” through Title 3, Chapter 3.33 of the Chula Vista Municipal Code (Rev. & Tax. Code, § 7251 et seq.); and WHEREAS, the City’s transactions and use tax is currently set to expire on March 31, 2027, depriving the City of an important source of revenues to fund general services to its residents; and WHEREAS, the City Council wishes to extend this transactions and use tax beyond its current expiration date, without raising the tax rate, and to update Chapter 3.33 to reflect changes in state law since City voters adopted this tax in 2016; and WHEREAS, the proposed ordinance implementing these amendments to Chapter 3.33 is attached hereto as Exhibit A (the “Ordinance”) and is incorporated by this reference; and WHEREAS, because the Ordinance extends a general tax, it must be approved by the majority of the City’s voters (Cal. Const., art. XIII C, § 2 (b); Rev. & Tax. Code, § 7285.9); and WHEREAS, under Resolution No. 2024-054, the City Council called a general municipal election to be held on Tuesday, November 5, 2024 (the “Election”); and WHEREAS, through adoption of Resolution No. 2024-054, the City requested that the County of San Diego Board of Supervisors consolidate Chula Vista’s election with the statewide election and permit the Registrar of Voters to perform certain services in conjunction with the City’s election; and WHEREAS, the City Council therefore wishes to amend Resolution No. 2024-054 and submit the Ordinance to the City’s qualified voters at the Election (Elec. Code, § 9222). NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED, AND ORDERED by the City Council of the City of Chula Vista as follows: Page 287 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Resolution No. Page 2 SECTION 1. The City Council hereby orders the Ordinance attached hereto as Exhibit A to be submitted to the qualified voters at the Election, and it further orders the following question concerning the Ordinance to be placed on that ballot: Shall the measure to continue funding City of Chula Vista services including fixing potholes; keeping streets, sidewalks, infrastructure, parks, public facilities safe, clean, well-maintained; repairing aging storm drains; managing traffic congestion; and removing trash/graffiti from public spaces, by renewing City of Chula Vista’s half-cent transactions and use tax at the current rate (no increase), continuing an estimated $37,000,000 annually for general government use for 10 years, with citizen oversight, independent audits, and all money locally controlled, be adopted? YES NO SECTION 2. That Resolution No. 2024-054 is hereby amended accordingly, and the City Clerk is authorized, instructed, and directed to take all actions necessary to place the Ordinance on the November 5, 2024 ballot. SECTION 3. The City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the election. SECTION 4. The City Manager is hereby authorized and directed to execute any necessary agreements with San Diego County for the Election. SECTION 5. The City Clerk is authorized, instructed, and directed to prepare and publish a notice of the measures. Direct arguments shall be due by August 15, 2024 in the City Clerk’s office during regular business hours, and the 10-day public review period for the direct arguments will be August 16, 2024 to August 25, 2024. SECTION 6. The City Attorney shall cause the preparation of an impartial analysis of the measure, which shall be due by August 16, 2024 in the City Clerk’s office during regular business hours, and the 10-day public review period for the impartial analysis will be August 17, 2024 to August 26, 2024. SECTION 7. The City Council hereby acknowledges its authority, pursuant to California Elections Code section 9282 and Chula Vista Municipal Code section 2.50.150, to submit a written argument not to exceed 300 words in length and authorizes the Mayor as the City Council’s designee to submit arguments in favor of the measure on behalf of the City Council. The City Clerk as the City Election Official has fixed the date of August 15, 2024, during normal business hours, for the submittal of primary written argument(s) in favor of or against the measure not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code Page 288 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Resolution No. Page 3 of the State of California and Chula Vista Municipal Code section 2.50.150. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk, after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument and the List of Supporters/Opponents Submission Form. SECTION 8. Pursuant to a Resolution No. 8967 previously adopted by the City Council allowing rebuttal arguments, rebuttal arguments will be allowed in accordance with Elections Code section 9285. Rebuttal arguments may not exceed 250 words. Rebuttal arguments shall be due by August 20, 2024 in the City Clerk’s office during regular business hours, and the 10-day public review period for the rebuttal arguments shall be August 21, 2024 to August 30, 2024. SECTION 9. The adoption of this Resolution is exempt from the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq. and California Code of Regulations, title 14, section 15000 et seq. (CEQA Guidelines). The calling of a municipal election is not a project within the meaning of CEQA Guidelines section 15378. Further, the general tax proposed by this Resolution is a government funding mechanism that does not “involve any commitment to any specific project which may result in a potentially significant physical impact on the environment,” and thus adopting this Resolution is not a project under CEQA Guidelines section 15378(b)(4). SECTION 10. This Resolution shall take effect immediately upon its adoption. SECTION 11. That in all particulars not recited in this Resolution, the Election shall be held and conducted as provided by law for holding municipal elections. SECTION 12. The City Clerk shall certify the passage and adoption of this Resolution by a two-thirds vote of all members of the City Council, as required by Revenue & Taxation Code section 7285.9, and file it with the City’s original resolutions. Presented by Approved as to form by Courtney Chase Marco A. Verdugo Deputy City Manager City Attorney Page 289 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Item 6.4 Ballot Initiative Continuation of the One-Half Cent General Sales Tax for 10 YearsPresented by: Courtney Chase Deputy City Manager Page 290 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Background on Measure P ½ Cent Sales Tax on Retail Sales Voter Approved on November 8, 2016 Collection Began April 1, 2017 10-Year Period, Set to Expire in 2027 Instituted the Citizens’ Oversight Committee Established the Infrastructure, Facilities and Equipment Expenditure Plan which established the most critical priority items for funding Key Highlight s Page 291 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Background on Measure P Approved Expenditu re Plan Priorities Pave, maintain and repair residential streets and fix potholes Upgrade or replace aging police, fire and 911 emergency response facilities, vehicles and equipment Replace storm drains to prevent sinkholes Upgrade irrigation systems to conserve water and save energy Make essential repairs to older libraries, senior center and recreation centers Improve our Traffic Signal Systems Page 292 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Measure P Citizens’ Oversight Committee The committee is comprised of nine members appointed to four-year terms, consisting of five At-Large members, with at least one from each Council district, and four designated members selected from candidates nominated by the following Nominating Authorities: Chula Vista Chamber of Commerce Alliance of Californians for Community Empowerment San Diego & Imperial Counties Labor Union San Diego Taxpayers Association Parks and Recreation Commission Sustainability Commission Page 293 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Measure P Citizens’ Oversight Committee The main function of the Measure P Citizens’Oversight Committee (COC)is to review and report on City compliance with the provisions of Measure P,particularly with respect to the City’s accounting and expenditure of Measure P revenues. Specific duties include: Review and comment on each year’s Finance Department Report, Measure P Spending Plan, and Auditor Report. Prepare an annual report regarding the Finance Department Report for presentation to the City Council at a Public Meeting Work with City staff to identify and apply ‘best practices’ for tracking and reporting on Measure P revenues and expenditures relative to other City revenue and expenditures. Role & Function Page 294 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Delivering on the Promise... Page 295 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Delivering on the Promise Streets –Repaired or replaced all streets of PCI 0-33 (originally anticipated PCI 0-25) Page 296 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Delivering on the Promise Delivering on the Promise Storm Drains –20,000 Linear Feet replaced or repaired (80% of CMP) Page 297 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Delivering on the Promise Fire Stations -Relocation of two aging fire stations for improved response times Page 298 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Delivering on the Promise Recreation Centers, Parks, Fields & Courts –upgrades and repairs at over 40 facilities and parks Page 299 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Delivering on the Promise Vehicles -138 Public Safety/142 Non-Public Safety Page 300 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda General Fund Long-Term Financial Plan FY 2025-2034 (in millions) FY FY FY FY FY FY FY FY FY FY FY 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Adopted Major Discretionary Revenues 1 207.3 219.0 229.3 231.5 217.6 224.7 232.1 239.7 247.6 255.7 264.1 Other Revenues 2 50.9 55.2 55.9 56.7 57.5 57.8 58.0 58.8 59.6 60.5 61.4 New Development Revenues 3 0.0 0.0 2.7 3.5 3.8 4.0 4.1 4.2 4.4 4.5 4.7 Total General Fund Revenues 258.2 274.1 287.9 291.7 278.9 286.5 294.1 302.7 311.6 320.7 330.2 Year-over-Year Change 6.2%5.0%1.3%-4.4%2.7%2.6%2.9%2.9%2.9%3.0% Personnel Services Expenditures 132.9 147.3 157.2 165.9 173.0 179.9 185.4 190.3 195.7 201.2 206.7 Other Expenditures 4 125.3 126.8 125.7 120.1 97.7 98.2 100.1 102.6 105.0 108.2 108.3 New Development Expenditures 3 0.0 0.0 5.3 6.4 7.0 7.4 7.7 8.0 8.2 8.4 8.5 Total General Fund Expenditures 258.2 274.1 288.2 292.4 277.7 285.4 293.3 300.9 308.9 317.8 323.5 Year-over-Year Change 0.1 5.1%1.5%-5.0%2.8%2.7%2.6%2.7%2.9%1.8% General Fund Surplus / (Deficit)0.0 0.0 -0.3 -0.7 1.2 1.1 0.8 1.8 2.7 3.0 6.7 Surplus / (Deficit) as a % of Budget 0.0%0.0 -0.1%-0.2%0.4%0.4%0.3%0.6%0.9%0.9%2.1% Revenues Expenditures Page 301 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda COMMUNITY INPUT AND EDUCATION ASSESSMENT OF CURRENT INFRASTRUCTURE PUBLIC OPINION SURVEY (FALL 2023) LOCAL SERVICE ORGANIZATIONS LOCAL BUSINESS GROUPS CHULA VISTA BOARDS AND COMMISSIONS RESIDENT SURVEY TO 92,000 HOUSEHOLDS (MAY 2024) Page 302 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 1414 o Gauge the feasibility of renewing the Measure P sales tax at the current rate o Identify how to create a measure consistent with community priorities o Gather information needed for communications & outreach PURPOSE OF STUDY Page 303 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 1515 QUALITY OF LIFE Excellent 17.6 Good 53.5 Fair 25.6 Poor 1.8 Very poor 1.5 Not sure/Prefer not to answer 0.1 Page 304 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 1616 Prefer not to answer 0.8 Not sure 4.2 Very dissatisfied 7.4 Somewhat dissatisfied 17.8 Somewhat satisfied 52.7 Very satisfied 17.1 OVERALL SATISFACTION Page 305 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 1717 INITIAL BALLOT TEST Definitely yes 42.1 Probably yes 30.2 Probably no 8.4 Definitely no 12.4 Not sure 6.2 Prefer not to answer 0.7 72% 21% Page 306 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 1818 PROJECTS & SERVICES TIER 1 69.8 70.7 67.8 64.6 65.3 65.3 70.2 60.2 54.5 52.8 21.9 19.5 22.4 25.3 24.0 24.0 18.9 27.7 29.1 30.7 0 10 20 30 40 50 60 70 80 90 100 Keep existing parks and recreation facilities safe, clean, and well-maintained Fix potholes Repair infrastructure including sidewalks, curbs, and storm drains Pave and maintain local streets Repair or replace aging underground stormwater pipes that are at risk of collapse and creating sinkholes Make improvements to roads and intersections to better manage traffic congestion on city streets Clean up piles of trash and litter that people dump along streets, sidewalks, and in public areas Keep newer and recently repaired streets in good condition, before they become more costly to repair Upgrade 911 emergency equipment and community facilities Improve access for residents with special needs or disabilities % Respondents Strongly favor Somewhat favor Page 307 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 1919 PROJECTS & SERVICES TIER 2 69.7 48.9 50.3 50.5 50.9 45.6 29.5 37.8 34.0 13.4 33.2 31.2 30.4 29.5 32.8 41.5 28.3 28.9 0 10 20 30 40 50 60 70 80 90 100 Address homelessness Install sidewalks, where needed Repair older community facilities including fixing roofs, plumbing, electrical, and structural problems Upgrade recreation facilities and equipment so they meet current health and safety standards Remove graffiti Install restrooms at community parks, where needed Create new multi-purpose sports fields for soccer, baseball, softball, and lacrosse Attract a 4-year University to Chula Vista Create new outdoor sports courts for tennis, pickleball, basketball, and volleyball % Respondents Strongly favor Somewhat favor Page 308 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2020 INTERIM BALLOT TEST Prefer not to answer 0.2 Not sure 5.0 Definitely no 10.4 Probably no 8.5 Probably yes 29.2 Definitely yes 46.8 76% 19% Page 309 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 2121 FINAL BALLOT TEST Definitely yes 38.4 Probably yes 31.1 Probably no 11.9 Definitely no 11.4 Not sure 7.1 Prefer not to answer 0.1 69% 23% Page 310 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda 22 COMMUNITY INPUT AND EDUCATION ASSESSMENT OF CURRENT INFRASTRUCTURE PUBLIC OPINION SURVEY (FALL 2023) LOCAL SERVICE ORGANIZATIONS LOCAL BUSINESS GROUPS CHULA VISTA BOARDS AND COMMISSIONS RESIDENT SURVEY TO 92,000 HOUSEHOLDS (MAY 2024) Page 311 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda RESIDENT SURVEY –MAY/JUNE 2024 Page 312 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Ballot Measure Planning Voter Survey Election Timing Tax Rate Political Landscape Non-Advocacy Communication Existing comms Informational mailers / digital ads Internal and external audiences Seek feedback Refine proposal Community readiness? Ballot Resolution/ Ordinance 75 words Projects & Programs Ballot Argument & Signers Official Vote (>88 days before Election) Volunteer leaders Fundraising Website/Social Endorsements Grassroots Lawn Signs Mailers Digital Ads Get Out the Vote © 2023 We are Here Page 313 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Ballot Question Shall the measure to continue funding City of Chula Vista services including fixing potholes; keeping streets,sidewalks,infrastructure,parks, public facilities safe,clean,well-maintained; repairing aging storm drains;managing traffic congestion;and removing trash/graffiti from public spaces,by renewing City of Chula Vista’s half-cent transactions and use tax at the current rate (no increase),continuing an estimated $37,000,000 annually for general government use for 10 years,with citizen oversight, independent audits,and all money locally controlled,be adopted? Page 314 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda Staff Recommendation A.Adopt an Ordinance amending Title 3,Chapter 3.33 of the Chula Vista Municipal Code to continue a temporary one-half cent general transactions and use tax to be administered by the California Department of Tax and Fee Administration. (First Reading)(4/5 vote required) B.Adopt a Resolution 1)amending Resolution No.2024-054 calling a general municipal election to be held on Tuesday,November 5,2024;2)ordering submission to the qualified voters of the city,a proposed ordinance relating to the extension of a one- half cent general transactions and use tax;3)authorizing the Mayor to submit ballot arguments in favor of the measure;and 4)directing the City Attorney to prepare an impartial analysis of the measure. (4/5 vote required) Page 315 of 315 City of Chula Vista - City Council June 25, 2024 Post Agenda