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Home My WebLink About2024/12/03 Post Agenda Packet Date:Tuesday, December 3, 2024, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA REGULAR CITY COUNCIL MEETING **REVISED 11/30/2024** 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 a member of the City Council or staff removes the item from the Consent Calendar. 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 December 3, 2024 Post Agenda Page 2 of 1084 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation Honoring the Chula Vista Hair Salon for Outstanding Contributions to Sustainability, Innovation, and Community Leadership 4.2 Presentation of a Proclamation Celebrating the Eastlake High School Girls Volleyball Team Upon Winning the San Diego CIF Championship *4.3 Presentation by Mayor John McCann on the 2024 Starlight Parade Celebration 13 5.CONSENT CALENDAR (Items 5.1 through 5.10) 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: To approve the recommended actions appearing below consent calendar Items 5.1, 5.2 and 5.4 through 5.9. The headings were read, text waived. The motion was carried by the following vote: 5.1 Approve Meeting Minutes 23 5.2 Waive Reading of Text of Resolutions and Ordinances 5.3 Otay Ranch:Adopt Ordinances to Approve Fourth Amendment to FEIR 02-04, Amendments to City General Plan, Otay Ranch General Development Plan, Otay Ranch Freeway Commercial Sectional Planning Area Plan, Zone Change, Tentative Map, and Development Agreement 35 Report Number: 24-0233 Location: 2015 Birch Road Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project is substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) and Mitigation Monitoring and Reporting Program (“MMRP”) for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions are necessary, and none of the conditions described in Section 15162 of the California Environmental Quality Act (“CEQA”) Guidelines calling for the preparation of a subsequent or supplemental environmental impact report exist. Therefore, the Director of Development Services has called for the preparation of a Fourth Addendum to FEIR 02-04 for consideration. City of Chula Vista - City Council December 3, 2024 Post Agenda Page 3 of 1084 RECOMMENDED ACTION: Adopt the following Ordinances: A) Modifying the Otay Ranch Freeway Commercial Planned Community District Regulations for the Southerly Portion (FC-1) of the Otay Ranch Freeway Commercial SPA in accordance with the required findings and subject to the conditions contained therein (Second Reading and Adoption); B) Changing zoning from commercial to mixed-use residential (Second Reading and Adoption); and C) Approving a Development Agreement allowing for the Project to be constructed in phases, the Community Purpose Facility obligation, Parkland obligation, and a Public Benefit Contribution. (Second Reading and Adoption) 5.4 Annual Report: Fiscal Year 2023/24 Development Impact Fees, the Parkland Acquisition and Development Fee, Trunk Sewer Capital Reserve Fee, and Parking In Lieu Fee 163 Report Number: 24-0295 Location: No specific geographic location Department: Development Services 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. RECOMMENDED ACTION: Receive the annual report regarding Development Impact Fees, the Parkland Acquisition and Development Fee, Trunk Sewer Capital Reserve Fee, and Parking In Lieu Fee for fiscal year 2023/24. City of Chula Vista - City Council December 3, 2024 Post Agenda Page 4 of 1084 5.5 Board, Commission, and Committee Terms: Accept the Local Appointments List of Terms Expiring in 2025 191 Report Number: 24-0269 Location: No specific geographic location Department: City Clerk G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting the 2025 Local Appointments List for board, commission, and committee terms expiring in calendar year 2025. 5.6 Animal Sheltering Services: Approve an Agreement Between the City of Chula Vista and City of National City for Animal Sheltering Services 206 Report Number: 24-0301 Location: No specific geographic location Department: Animal Services G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving an agreement between the City of Chula Vista and City of National City to provide animal sheltering services for up to 5 years, beginning July 1, 2024. City of Chula Vista - City Council December 3, 2024 Post Agenda Page 5 of 1084 5.7 Fee Update: Amend the City-Initiated Tow License Fee and City-Initiated Tow and Storage Rate Schedule 221 Report Number: 24-0303 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt resolutions: A) Amending the City-Initiated Tow License Fee and B) City- Initiated Tow and Storage Rate Schedule. 5.8 Grant Award and Appropriation: Accept and Appropriate Grant Funds from the California Department of Justice for the Tobacco Grant Program 228 Report Number: 24-0305 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting $113,225 in grant funds from the California Department of Justice, appropriating said funds to the Police Grants Section of the State Grants Fund for the Tobacco Grant Program and authorizing the City Manager and Chief of Police to execute a Memorandum of Understanding with the California Department of Justice. (4/5 Vote Required) City of Chula Vista - City Council December 3, 2024 Post Agenda Page 6 of 1084 5.9 Agreements: Approve Amendments to the Legal Services Agreements with Best Best & Krieger LLP to Provide On-Call and Public Records Act Legal Services 236 Report Number: 24-0307 Location: No specific geographic location Department: City Attorney G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving amendments to the Legal Services Agreements with Best Best & Krieger, LLP for on-call and Public Records Act legal services for not- to-exceed amounts of $400,000 and $300,000, respectively. 5.10 Grant Award and Appropriation: Accept and Appropriate Grant Funds from the California Community Foundation for the Kaiser Permanente Operation Splash Program 245 Report Number: 24-0308 Location: Loma Verde Pool, 1420 Loma Lane; Parkway Pool, 385 Park Way Department: Parks & Recreation 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 a resolution accepting $93,500 in grant funds from the California Community Foundation for elementary- aged children learn- to- swim programs with Chula Vista Elementary School District schools and appropriating funds for that purpose (4/5 Vote Required). 6.PUBLIC COMMENTS 252 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. 7.PUBLIC HEARINGS City of Chula Vista - City Council December 3, 2024 Post Agenda Page 7 of 1084 7.1 Nakano Project: General Plan Amendment, Specific Plan, Tentative Map, and Reorganization of the Nakano Project, a Residential Project Containing up to 221 Dwelling Units South of Otay Valley River Park and Surrounded by Land in City of San Diego 271 Report Number: 24-0248 Location: Generally, south of the Otay River and east of and adjacent to Interstate 805 (APN: 624-071-02) Department: Development Services G.C. § 84308: Yes Environmental Notice: An Environmental Impact Report (EIR22-0001) has been prepared for the proposed Project. RECOMMENDED ACTION: Conduct the public hearing and; Adopt a resolution:A. Certifying EIR22-0001 for the Project1. Approving the Project under Annexation Scenario 2a of EIR22- 0001, which includes: 2. General Plan Amendment changing the land use designation of the subject property from Open Space (“OS”) to Medium Residential (“RM”) i. Specific Plan (MPA21-0017)ii. Tentative Map (PCS21-0001)iii. Property Tax Exchange Agreement between the City of Chula Vista (“City”) and the City of San Diego (“San Diego”) iv. Annexation Agreement among the City, San Diego, and Tri Pointe Homes (“Applicant”) v. Statement of support for the reorganization of the subject property from the jurisdiction of the City into the jurisdiction of San Diego vi. Place an ordinance on first reading rezoning the subject property from Agricultural (A-8) to Residential Medium (R-3) (First Reading) B. City of Chula Vista - City Council December 3, 2024 Post Agenda Page 8 of 1084 7.2 Grant Application and Appropriation: Authorize Submittal of a State of California Permanent Local Housing Allocation (PLHA) Grant Application, Approve an Amended Plan, and Appropriate Funds 764 Report Number: 24-0299 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Conduct the public hearing and adopt resolutions: A) Authorizing the 2024 annual application for funds of the Permanent Local Housing Allocation (PLHA) grant from the State of California Department of Housing and Community Development (HCD) and approving an amended five-year Plan to comply with new program requirements; and B) Authorizing the acceptance and appropriation of PLHA Program Grant Funds. (4/5 Vote Required) 8.ACTION ITEMS 8.1 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. 8.2 City Employee Benefits: Adopt the 2025 Cafeteria Benefits Plan Reflecting Health Insurance and Voluntary Insurance Benefits for Eligible City Employees and a Fourth Amendment to the IAFF Memorandum of Understanding 794 Report Number: 24-0298 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. City of Chula Vista - City Council December 3, 2024 Post Agenda Page 9 of 1084 RECOMMENDED ACTION: Adopt resolutions: A) Adopting the 2025 Cafeteria Benefits Plan and B) Adopting the Fourth Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180, covering the period of July 1, 2022 to December 31, 2024. 8.3 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending September 30, 2024 (First Quarter Report) and Appropriate Funds to Implement Required Budget Adjustments 948 Report Number: 24-0275 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 State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Accept the quarterly financial report for the quarter ended September 30, 2024 (the “First Quarter Report”) and adopt a resolution making various amendments to the fiscal year 2024-25 budget and the fiscal year 2024-25 Capital Improvement Program budget to adjust for variances and appropriating funds for that purpose. (4/5 Vote Required) 8.4 Employee Compensation, Positions and Budget Amendment: Approve Classification Plan and Compensation Schedule; Position Counts; Employment Agreement; Revised Compensation Schedule; and Budget Amendments 974 Report Number: 24-0291 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. City of Chula Vista - City Council December 3, 2024 Post Agenda Page 10 of 1084 RECOMMENDED ACTION: Adopt resolutions: A) Amending the Classification Plan and Compensation Schedule to reflect (1) the addition and deletion of position titles and (2) salary adjustments for certain positions, and amending the authorized position count in departments; B) Approving the amended City Clerk employment agreement; C) Approving the revised Fiscal Year 2024-25 Compensation Schedule effective December 13, 2024, as required by the California Code of Regulations, Title 2, Section 570.5; and D) Amending the fiscal year 2024-25 budget; and place Ordinance E on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position titles of Communications Officer and Special Events Coordinator. (First Reading) (4/5 Vote Required) 9.PUBLIC COMMENTS (CONTINUED) There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard. 10.CITY MANAGER’S REPORTS 11.MAYOR’S REPORTS 12.COUNCILMEMBERS’ REPORTS 1083 13.CITY CLERK'S REPORTS 14.CITY ATTORNEY'S REPORTS 15.CLOSED SESSION Announcements of actions taken in closed session shall be made available by noon on the next business day following the City Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 15.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: 1) Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-00017713-CU-MC-CTL 15.2 Conference With Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Maria Kachadoorian, Courtney Chase, Megan McClurg, Tanya Tomlinson and Sarah Schoen Employee organization: IAFF, MM/PR, WCE City of Chula Vista - City Council December 3, 2024 Post Agenda Page 11 of 1084 16.ADJOURNMENT to the special City Council meeting on December 10, 2024, at 4:00 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 December 3, 2024 Post Agenda Page 12 of 1084 1 Page 13 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City brought back the event in 2023 after 3-year hiatus, with a higher-than-expected attendance. Included tree-lighting ceremony, holiday market, entertainment, activities and decorations on Third Ave. .Huge success, but highlighted need for more robust resources, public safety measures going forward. Goals: Promote civic pride, boost community engagement, further the Chula Vista brand. Page 14 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 15 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Storefront decorating contest along Third Ave. Downtown Chula Vista Association led tree-lighting ceremony took place on Dec. 1 to kick off holiday season Extended parade route to provide more viewing areas to the public Enhanced public safety and security measures Additional temporary public restrooms, hand washing stations, trash pickup Page 16 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 5 Page 17 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Paid advertising Physical banners Event website Social media News media coverage Flyer distribution to businesses and surrounding neighborhoods Downtown Chula Vista Association and Chula Vista Chamber of Commerce Email Campaigns Presentations Page 18 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 19 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 8 Page 20 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 9 Page 21 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Event safety plan More staffing: private security guards, police officers, and EMS onsite Updated traffic control plan Designated lane along parade route for public safety access Modified Emergency Operations Center (EOC) New equipment, such as bike racks to line parade route Page 22 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of Chula Vista Regular City Council Meeting MINUTES Date: Location: November 12, 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, Deputy Director of City Clerk Services Turner, Deputy City Clerk Sheree Kansas 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. Councilmember Preciado joined the meeting at 5:09 p.m. 2. ROLL CALL Deputy Director of City Clerk Services Turner called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Navy Medicine Readiness and Training Command San Diego. 4. SPECIAL ORDERS OF THE DAY 4.1 Oath of Office Privacy Protection and Technology Advisory Commission - Richard Pulido Deputy Director of City Clerk Services Turner administered the oath of office. 4.2 Chula Vista Bayfront Update by San Diego Port Commissioner Ann Moore San Diego Port Commissioner Moore gave a presentation on the item. 4.3 Presentation of a Proclamation Honoring Danny Shaffstall as the 2024 Chula Vista Veteran of the Year The proclamation was presented. 4.4 Presentation of a Proclamation Proclaiming November as National Homeless Awareness Month in the City of Chula Vista The proclamation was presented. Page 23 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2024-11 -12 City Council Regular Meeting Minutes Page 2 4.5 Presentation of a Proclamation Proclaiming November 9 - 16, 2024 as World Kindness Week in the City of Chula Vista The proclamation was presented. 5. CONSENT CALENDAR (Items 5.1 through 5.11) Mayor McCann stated he would abstain from voting on Item 5.3 due to a potential property-related conflict of interest and that Item 5.6 would be continued to a future meeting. Alan C. spoke regarding various topics related to items on the consent calendar John Acosta, a Chula Vista resident, spoke regarding City infrastructure and accessibility issues in senior living facilities. The following members of the public spoke regarding the fees for pool access in the City:  Samantha Thompson, Chula Vista resident, representing South Bay Aquatics  Melanie Myers, Chula Vista resident At the request of Councilmember Preciado, there was a consensus of the City Council to refer the concerns of Mr. Acosta regarding potential civil rights issues to staff in the Department of Housing & Homeless Services to collaborate with Mr. Acosta to address accommodations for disabled individuals and seniors who may not be receiving the appropriate support in their facilities. At the request of Deputy Mayor Gonzalez, there was a consensus of the City Council to direct the City Manager to contact South Bay Aquatics for clarification and to work through existing issues related to Parks and Recreation fees to Harborside Park, Loma Verde, and Parkway pools. Moved by Councilmember Preciado Seconded by Councilmember Chavez To approve the recommended actions appearing below consent calendar Items 5.1, 5.2, 5.4, 5.5, and 5.7 through 5.11. 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 5.3. 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 Page 24 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2024-11 -12 City Council Regular Meeting Minutes Page 3 Result, Carried (4 to 0) 5.1 Approve Meeting Minutes Approval of the minutes dated: November 5, 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 Housing Policy: Adopt an Ordinance to Amend the Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing) Adopt an ordinance amending Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing) to update the residential threshold of applicability from ten to twenty units. (Second Reading and Adoption) Item 5.3 heading: ORDINANCE NO. 3581 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE (CVMC) TITLE 19 (PLANNING AND ZONING) CHAPTER 19.91 (INCLUSIONARY HOUSING) (SECOND READING AND ADOPTION) 5.4 Downtown Parking District Meter Rates: Adopt an Ordinance to Increase Parking Meter Rates in the Downtown Parking District and Amend Chula Vista Municipal Code Chapters 10.52 and 10.56 Adopt an ordinance amending Chapter 10.56 of the Chula Vista Municipal Code “Parking Meters, Parking Meter Zones and Permit Parking” to amend section 10.56.020 “Meters – Installation and maintenance – Rates of use” to increase parking meter rates, and to amend section 10.56.040 “Meter zones – Designated – Time limits authorized in zone – Schedule XI” to reflect current parking meter zones and time limits, and amending Chapter 10.52 of the Chula Vista Municipal Code “Stopping, Standing and Parking” to amend section 10.52.480 “Municipal parking lots – Designated – Manner of parking required – Schedule XV” to reflect current parking lots (Second Reading and Adoption) Item 5.4 heading: ORDINANCE NO. 3582 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 10.56 OF THE CHULA VISTA MUNICIPAL CODE, “PARKING METERS, PARKING METER ZONES AND PERMIT PARKING,” AND CHAPTERS 10.52, “STOPPING, STANDING, AND PARKING,” TO INCREASE PARKING METER RATES AND REFLECT THE CURRENT PARKING METER ZONES AND TIME LIMITS (SECOND READING AND ADOPTION) 5.5 Contract: Accept Bids and Award a Contract to 3-D Enterprises Inc. for Eucalyptus Park Project; Amend Infrastructure, Facilities & Equipment Expenditure Plan, ARPA Spending Plan, Fiscal Year 2024-25 CIP, and Appropriate Funds for the Project Adopt a resolution (1) accepting the bids and awarding a public works contract to 3-D Enterprises Inc. for the “Eucalyptus Park (PRK0340)” project in the amount of Page 25 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2024-11 -12 City Council Regular Meeting Minutes Page 4 $15,876,000, (2) amending the Infrastructure, Facilities, and Equipment Expenditure Plan, (3) amending the American Rescue Plan Act Spending Plan, and (4) amending the fiscal year 2024-25 Capital Improvement Program budget by appropriating $3,548,795 from the available balance of the Measure P fund to PRK0340, and transferring $1,220,342 in American Rescue Plan Act funds from “Loma Verde Recreation Center” (GGV0247) to the “Eucalyptus Park (PRK0340)” project to cover the projected costs of the construction phase of the project. (4/5 Vote Required) Item 5.5 heading: RESOLUTION NO. 2024-208 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE “EUCALYPTUS PARK (PRK0340)” PROJECT TO 3-D ENTERPRISES INC., (2) AMENDING THE INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN, (3) AMENDING THE AMERICAN RESCUE PLAN ACT (ARPA) SPENDING PLAN, AND (4) AMENDING THE FISCAL YEAR 2024-25 CIP PROGRAM BUDGET BY APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE MEASURE P FUND AND TRANSFERRING ARPA FUNDS FROM “LOMA VERDE RECREATION” PROJECT (GGV0247) TO CIP PRK0340 (4/5 VOTE REQUIRED) 5.6 Master Fee Schedule Update: Parks & Recreation Fees for Harborside Park, Loma Verde Pool, and Parkway Pool Item was not heard and was continued to a future meeting. 5.7 Investment Report: Quarter Ending September 30, 2024 Receipt of the investment report for the quarter ending on September 30, 2024. 5.8 Roof Maintenance and Replacement: Approve a First Amendment with Garland DBS, Inc. to Extend the Term of the Contract and Increase the Maximum Not-to-Exceed Amount to Address the Needs at City Hall, Public Works, Fire Stations, and Recreation Centers Adopt a resolution approving the first amendment to the agreement with Garland DBS, Inc., for roof replacement, repair, and maintenance services to extend the contract term and increase the maximum not-to-exceed contract amount from $2,000,000 to $6,000,000 over the term of the agreement. Item 5.8 heading: RESOLUTION NO. 2024-209 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT WITH GARLAND DBA, INC. TO PROVIDE ROOF REPLACEMENT, REPAIR AND MAINTENANCE TO CITY FACILITIES 5.9 Donation Acceptance: Accept a Donation of 35 Seek FirePRO Thermal Imaging Cameras and Accessories from Firehouse Subs Public Safety Foundation Adopt a resolution accepting a donation of 35 Seek FirePRO Thermal Imaging Cameras and accessories, valued at $39,421.24, from Firehouse Subs Public Safety Foundation. Page 26 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2024-11 -12 City Council Regular Meeting Minutes Page 5 Item 5.9 heading: RESOLUTION NO. 2024-210 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF 35 SEEK FIREPRO THERMAL IMAGING CAMERAS AND ACCESSORIES FROM THE FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION 5.10 Grant Award and Appropriation: Accept Funds from the Department of Energy for the Energy Efficiency and Conservation Block Grant Program Adopt a resolution accepting $271,850 in grant funds from the United States Department of Energy for the Energy Efficiency and Conservation Block Grant Program and appropriating funds therefor. (4/5 Vote Required) Item 5.10 heading: RESOLUTION NO. 2024-211 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DEPARTMENT OF ENERGY FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS FOR ENERGY AND CLIMATE PROJECTS AND AMENDING THE FISCAL YEAR 2024-25 BUDGET TO APPROPRIATE FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.11 Grand Jury Report: Response to the 2023/2024 Grand Jury Report on Dog Bites in San Diego County Adopt a resolution accepting the 2023/2024 Grand Jury Report on Dog Bites in San Diego County and authorizing the response on behalf of the City. Item 5.11 heading: RESOLUTION NO. 2024-212 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2023/2024 GRAND JURY REPORT ON DOG BITES IN SAN DIEGO COUNTY AND APPROVING THE RESPONSE ON BEHALF OF THE CITY 6. PUBLIC COMMENTS The following members of the public spoke regarding various topics:  Alan C.  John Acosta, Chula Vista resident The meeting was recessed at 7:40 p.m. and resumed at 7:55 p.m. 7. PUBLIC HEARINGS 7.1 Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Tax Bill for Collection by the County Treasurer-Tax Collector 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. Revenue Manager Vasquez gave a presentation on the item. Mayor McCann opened the public hearing. Alan C. spoke expressing a neutral position on the item. Page 27 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2024-11 -12 City Council Regular Meeting Minutes Page 6 There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Councilmember Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2024-213, 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 7.1 heading: RESOLUTION NO. 2024-213 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY TREASURER-TAX COLLECTOR 7.2 Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Tax Bill for Collection by the County Treasurer- Tax Collector 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. Revenue Manager Vasquez gave a presentation on the item. Mayor McCann opened the public hearing. Alan C. spoke expressing a neutral position on the item. Cliff Bell submitted written comments expressing a neutral position on the item. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To adopt Resolution No. 2024-214, 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 7.2 heading: RESOLUTION NO. 2024-214 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF Page 28 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2024-11 -12 City Council Regular Meeting Minutes Page 7 LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY TREASURER-TAX COLLECTOR 7.3 Otay Ranch: Consider a Fourth Addendum to FEIR 02-04, Amendments to City General Plan, Otay Ranch General Plan Development Plan, Otay Ranch Freeway Commercial Sectional Planning Area Plan, a Zone Change, a Tentative Map, and a Development Agreement Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Senior Planner Ortuno and Development Services Director Black gave a presentation on the item. Mayor McCann opened the public hearing. James Varsamis and Tony Pauker, representing Brookfield, and Victor Avina, representing Falcon Strategies gave a presentation on behalf of the applicant. Alan C. spoke in opposition to the item. Jim O'Callaghan, representing South County EDC spoke in support of the item. The following members of the public submitted written comments in support of the item:  Leticia Valle  Antonio Lizarraga Rios  Martin Arias  Tiago Carneiro  Yimby Democrats of San Diego  Genevieve Fong  Katia Callahan  Laura Humphreys  Antonio  Brenda Aguirre  Mariana Aldaz  Carlos Vera There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Deputy Mayor Gonzalez Seconded by Councilmember Preciado To adopt Resolution No. 2024-215, and place the ordinances on first reading, the headings were read, text waived. The motion 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) Page 29 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2024-11 -12 City Council Regular Meeting Minutes Page 8 Item 7.3 headings: A) RESOLUTION NO. 2024-215 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING A FOURTH ADDENDUM (IS22-0002) TO THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (FEIR 02-04) AND APPROVING AMENDMENTS TO THE CITY OF CHULA VISTA GENERAL PLAN (GPA22-0001); THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDPA22- 0001); THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN AND OTHER ASSOCIATED REGULATORY DOCUMENTS (SPA22- 0001); AND APPROVING A ZONE CHANGE (ZC22-0001); A TENTATIVE MAP (TM22-0002); AND A DEVELOPMENT AGREEMENT B) ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH FREEWAY COMMERCIAL PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE SOUTHERLY (FC-1) PORTION OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (FIRST READING) C) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A ZONE CHANGE (ZC22-0001) FOR THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (FIRST READING) D) ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GENERAL GROWTH PROPERTIES-OTAY RANCH L.P. FOR THE FREEWAY COMMERCIAL SOUTH PORTION (FC-1) OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (FIRST READING) 8. ACTION ITEMS 8.1 Consider Items Removed From the Consent Calendar, if Any There were none. 8.2 State of Local Emergency: Consider Declaring a State of Local Emergency Related to the Impacts of Cross-Border Contamination This item was added to the agenda at the request of Mayor McCann and by consensus of the City Council at the meeting on November 5, 2024. The following members of the public spoke in support of the item:  Alan C.  Lisa Schmidt, representing Assembly Member Alvarez The following members of the public spoke expressing a neutral position on the item:  John Acosta, Chula Vista resident  Mayor Mitchell D. McKay, representing the City of Imperial Beach Moved by Mayor McCann Seconded by Councilmember Preciado To adopt Resolution No. 2024-216, as amended to update clause No. 3 to read, “The City Manager, Mayor, and Council members are encouraged to work with Page 30 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2024-11 -12 City Council Regular Meeting Minutes Page 9 local, State, Federal, and Mexican authorities to improve conditions in the Tijuana River and to explore any and all options to improve conditions in the Tijuana River.” 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. 2024-216 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROCLAMATION OF A STATE OF LOCAL EMERGENCY RELATING TO IMPACTS FROM CROSS-BORDER POLLUTION IN THE TIJUANA RIVER 8.3 University Now Initiative: Receive White Paper Developed by Southwestern Community College District and the University Now Initiative Committee Through an Agreement with the City of Chula Vista Dr. Mark Sanchez, Superintendent/President and Zaneta Encarnacion, Chief of Staff, representing Southwestern College gave a presentation on the item. Lisa Schmidt, representing Assembly Member Alvarez, spoke in support of the item The following members of the public spoke regarding the item:  Alan C.  John Acosta, Chula Vista resident There was a consensus of the City Council to receive the University Now Initiative White Paper developed by Southwestern Community College District. 8.4 Park Master Plan: Approve the Park Master Plan for a 1.41 Acre Park (P-1) Located in Otay Ranch Village Two Landscape Architect McDaniel gave a presentation on the item. The following members of the public spoke in support of the item:  Nick Lee, representing Baldwin and Sons  Al Baldwin, representing Baldwin and Sons, and submitted written comments requesting the name of the park be “Deeann Baldwin Plaza.” Alan C. spoke regarding vegetation in City parks. Moved by Mayor McCann Seconded by Councilmember Preciado To adopt Resolution No. 2024-217, as amended to name the park Deeann Baldwin Plaza, 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 31 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2024-11 -12 City Council Regular Meeting Minutes Page 10 Item 8.4 heading: RESOLUTION NO. 2024-217 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARK MASTER PLAN FOR THE 1.41-ACRE PARK (P- 1) LOCATED IN OTAY RANCH VILLAGE TWO, INCLUDING THE PARK NAME ‘DEEANN BALDWIN PLAZA’ 8.5 Council Policies: Approve Revising and Rescinding Various City Council Policies Deputy City Manager Chase and Finance Director Schoen gave a presentation on the item. Moved by Councilmember Preciado Seconded by Councilmember Chavez To adopt Resolution Nos. 2024-218 and 2024-219, 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 8.5 headings: A) RESOLUTION NO. 2024-218 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVISING CITY COUNCIL POLICIES 220-05 – CITY DEBT POLICY, 220-07 – CITY DISCLOSURE POLICY, AND 662-13 FRAUD PREVENTION IN THE WORKPLACE B) RESOLUTION NO. 2024-219 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING CITY COUNCIL POLICIES 662-03 – DISABLED EMPLOYMENT, 662-05 – SEXUAL HARASSMENT POLICY, 662-07 – SUBSTANCE ABUSE POLICY, AND 662-08 DISABILITY RETIREMENTS, SAFETY EMPLOYEES 8.6 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending June 30, 2024 (Fourth Quarter Report) and Appropriate Funds to Implement Required Budget Adjustments Finance Director Schoen and Budget and Analysis Manager Prendell gave a presentation on the item. Finance Director Schoen announced that a revised staff report for the item had been distributed and that action on the item would be on the revised document. Moved by Mayor McCann Seconded by Councilmember Preciado To adopt Resolution No. 2024-220, 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 32 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2024-11 -12 City Council Regular Meeting Minutes Page 11 Item 8.6 heading: RESOLUTION NO. 2024-220 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023-24 BUDGET AND THE FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT PROGRAM BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 9. PUBLIC COMMENTS (CONTINUED) There were none. 10. CITY MANAGER’S REPORTS There were none. 10.1 Presentation by FEMA Operations Section Chief/Chula Vista Fire Chief Muns of the FEMA National Response FEMA Operations Section Chief/Fire Chief Muns gave a presentation on the item. Alan C. spoke expressing a neutral position on the item. 11. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 12. COUNCILMEMBERS’ REPORTS Councilmembers reported on attendance at recent events and made community announcements. Bridge Builder Award - Chavez 13. CITY CLERK'S REPORTS There were none. 14. CITY ATTORNEY'S REPORTS There were none. 15. 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 10:45 p.m. The City Council convened in closed session at 10:54 p.m., with all members present. 15.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Page 33 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2024-11 -12 City Council Regular Meeting Minutes Page 12 A) Name of case: American Civil Liberties Union of Southern California v. Chula Vista Police Department, San Diego Superior Court, Case No. 37-2024-20320-CU- WM-CTL Action: No Reportable Action B) Name of case: Eric Crockett v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2024-12828-CU-OE-CTL Action: No Reportable Action C) City of Chula Vista v Slade Fischer, et al., San Diego Superior Court, Case No. 24CU006375C Action: No Reportable Action 15.2 Conference with Legal Counsel -- Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) [or] (3) Claim/Demand re: sidewalk hazards. Action: No Reportable Action 15.3 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 City designated representatives: Councilmember Jose Preciado, Mayor John McCann, Marco Verdugo, and Courtney Chase Employee organization/Unrepresented Employee: City Clerk Action: No Reportable Action 16. ADJOURNMENT The meeting was adjourned at 11:49 p.m. Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 34 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 03 P a g e | 1 December 3, 2024 ITEM TITLE Otay Ranch: Adopt Ordinances to Approve Fourth Amendment to FEIR 02-04, Amendments to City General Plan, Otay Ranch General Development Plan, Otay Ranch Freeway Commercial Sectional Planning Area Plan, Zone Change, Tentative Map, and Development Agreement Location: 2015 Birch Road Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project is substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) and Mitigation Monitoring and Reporting Program (“MMRP”) for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions are necessary, and none of the conditions described in Section 15162 of the California Environmental Quality Act (“CEQA”) Guidelines calling for the preparation of a subsequent or supplemental environmental impact report exist. Therefore, the Director of Development Services has called for the preparation of a Fourth Addendum to FEIR 02-04 for consideration. Recommended Action Adopt the following Ordinances: A) Modifying the Otay Ranch Freeway Commercial Planned Community District Regulations for the Southerly Portion (FC-1) of the Otay Ranch Freeway Commercial SPA in accordance with the required findings and subject to the conditions contained therein (Second Reading and Adoption); B) Changing zoning from commercial to mixed-use residential (Second Reading and Adoption); and C) Approving a Development Agreement allowing for the Project to be constructed in phases, the Community Purpose Facility obligation, Parkland obligation, and a Public Benefit Contribution. (Second Reading and Adoption) Summary These ordinances were placed on the first reading on November 12, 2024. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=47221 Page 35 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 36 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SECOND READING AND ADOPTION ORDINANCE NO. 2024- ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH FREEWAY COMMERCIAL PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE SOUTHERLY (FC-1) PORTION OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA WHEREAS the areas of land, that is the subject matter of this Ordinance and for the purpose of general description is located east of State Route 125 (“SR-125”), south of Olympic Parkway, west of Eastlake Parkway, and north of Birch Road (“Project Site”); and WHEREAS on March 24, 2022, a duly verified application was filed with the City of Chula Vista Development Services Department by General Growth Properties (GGP)-Otay Ranch L.P. (a wholly-owned subsidiary of Brookfield Property Partners, L.P.) (“Applicant” or “Developer”) requesting approval of amendments to the City of Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (SPA22-0001), including the Planned Community District Regulations, a Zone Change (ZC22-0001), a Tentative Map (TM22-0002), and a Development Agreement, to reflect the change in zoning from commercial to mixed-use to allow up to 840 residential units on the subject property (“Project”); and WHEREAS the Project is intended to ensure that the Otay Ranch Freeway Commercial SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (“GDP”) to implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions, which will enable Otay Ranch Freeway Commercial to exist in harmony within the community; and WHEREAS the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project was substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions to this document are necessary to account for the expected Project impacts; however, none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent document exist. A Fourth Addendum to FEIR 02-04 (IS22-0002) was prepared for the Project; and WHEREAS City Staff recommended that the City Planning Commission consider the certification of the Fourth Addendum and the adoption of the amendments to the General Plan, the Otay Ranch General Development Plan, and the Otay Ranch Freeway Commercial SPA Plan, including Planned Community District Regulations for the Otay Ranch Freeway Commercial SPA, and consider of a Zone Change, a Tentative Map, and a Development Agreement regarding the Project; and Page 37 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. 2024- Page 2 of 4 WHEREAS the Director of Development Services set the time and place for a hearing before the Planning Commission, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS after review and consideration of the Staff Report and related materials for the Project, the hearing was held at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 7-0-0 to recommend to the City Council approval of the subject amendments to the Planned Community District Regulations for the Otay Ranch Freeway Commercial SPA; and WHEREAS the City Clerk set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS a duly noticed public hearing was held before the City Council of the City of Chula Vista to consider adopting the Ordinance to approve the amendments to the Planned Community District Regulations for the Otay Ranch Freeway Commercial SPA; and NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their September 25, 2024, public hearing and the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings. II. COMPLIANCE WITH CEQA Immediately prior to this action, the City Council reviewed and considered the Fourth Addendum to FEIR 02-04 (IS22-0002). III. ACTION The City Council hereby adopts an Ordinance approving the Otay Ranch Freeway Commercial SPA Planned Community District Regulations on file at the office of the City Clerk, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch GDP and all other applicable plans; as set forth in Resolution 2024-_______ adopting the Freeway Commercial SPA Plan Amendment (which Resolution 2024-___ is incorporated herein), and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. Page 38 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. 2024- Page 3 of 4 IV. SERVERABILITY 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. V. 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. VI. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of November 2024, by the following vote, to – wit; AYES: NOES: ABSENT: ABSTAIN: Page 39 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. 2024- Page 4 of 4 ________________________ John McCann, Mayor ATTEST: _______________________ Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Kerry Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. ______ was duly passed, approved, and adopted by the City Council of the City of Chula Vista at a regular meeting of the City held on the 12th day of November 2024. Executed this _____ day of ____ 2024. Page 40 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SECOND READING AND ADOPTION ORDINANCE NO. 2024- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A ZONE CHANGE (ZC22-0001) FOR THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA WHEREAS the areas of land, that is the subject matter of this Ordinance and for the purpose of general description is located east of State Route 125 (“SR-125”), south of Olympic Parkway, west of Eastlake Parkway, and north of Birch Road (“Project Site”); and WHEREAS on March 24, 2022, a duly verified application was filed with the City of Chula Vista Development Services Department by General Growth Properties (GGP)-Otay Ranch L.P. (a wholly-owned subsidiary of Brookfield Property Partners, L.P.) requesting approval of amendments to the City of Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (SPA22-0001), including the Planned Community District Regulations, a Zone Change (ZC22- 0001), a Tentative Map (TM22-0002), and a Development Agreement, to reflect the change in zoning from commercial to mixed-use to allow up to 840 residential units on the subject property (“Project”); and WHEREAS the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project was substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions to this document are necessary to account for the expected Project impacts; however, none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent document exist. A Fourth Addendum to FEIR 02-04 (IS22-0002) was prepared for the Project; and WHEREAS City Staff recommended that the City Planning Commission consider the adoption of the Zone Change from commercial to mixed-use to allow up to 840 multifamily dwellings on the Project Site; and WHEREAS the Director of Development Services set the time and place for a hearing before the Planning Commission, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for the Project, the hearing was held at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 7-0-0 to recommend to the City Council approval of the subject Zone Change; and Page 41 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. 2024- Page 2 of 4 WHEREAS the City Clerk set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS a duly noticed public hearing was held before the City Council of the City of Chula Vista to consider adopting an Ordinance approving the Zone Change from commercial to mixed-use to allow up to 840 multifamily dwellings on the Project Site; and NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their September 25, 2024, public hearing on the Project, and the Minutes and Resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings. II. COMPLIANCE WITH CEQA Immediately prior to this action, the City Council reviewed and considered the Fourth Addendum to FEIR 02-04 (IS22-0002). III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council hereby finds that the proposed zone changes are consistent with the City’s General Plan and Otay Ranch General Development Plan (“GDP”), both as amended. The zone changes, in conjunction with the approved amendments to the Otay Ranch Freeway Commercial SPA Plan and Planned Community District Regulations, implement the General Plan and the Otay Ranch GDP by providing a comprehensive program to implement the Sectional Planning Area Plan Amendment and Tentative Map. The plans provide design incorporating a mixture of land uses connected by a walkable system of public streets and pedestrian paths, parks and plazas, retail opportunities, and commercial activities designed to promote a safe pedestrian environment. The Freeway Commercial SPA Plan, including the number of residential units, park and plaza acreages, and commercial mixed-use area, is consistent with the General Plan and the Otay Ranch GDP, as amended. IV. ACTION The City Council hereby adopts an Ordinance approving the Zone Change for the Otay Ranch Freeway Commercial SPA as reflected in the General Plan, Otay Ranch GDP, and Otay Ranch Freeway Commercial SPA Plan and Planned Community District Regulations, as amended to allow change from commercial to mixed-use to allow up to 840 multifamily dwellings on the Project Site (copies of which are on file in the City Clerk’s office). The City Council also finds the Page 42 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. 2024- Page 3 of 4 zone change consistent with the California Government Code, adopted City policies, the General Plan, and the Otay Ranch GDP, as amended. V. 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. VI. 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. VII. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VIII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 43 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. 2024- Page 4 of 4 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of November 2024, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ________________________ John McCann, Mayor ATTEST: _______________________ Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Kerry Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. ______ was duly passed, approved, and adopted by the City Council of the City of Chula Vista at a regular meeting of the City held on the 12th day of November 2024. Executed this _____ day of _____ 2024. Page 44 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SECOND READING AND ADOPTION ORDINANCE NO. 2024- ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND GENERAL GROWTH PROPERTIES-OTAY RANCH L.P. FOR THE FREEWAY COMMERCIAL SOUTH PORTION (FC-1) OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA WHEREAS the areas of land, that is the subject matter of this Ordinance and for the purpose of general description is located east of State Route 125 (“SR-125”), south of Olympic Parkway, west of Eastlake Parkway, and north of Birch Road (“Project Site”); and WHEREAS on March 24, 2022, a duly verified application was filed with the City of Chula Vista Development Services Department by General Growth Properties (GGP)-Otay Ranch L.P. (a wholly-owned subsidiary of Brookfield Property Partners, L.P.) requesting approval of amendments to the City of Chula Vista General Plan (GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (SPA22-0001), including the Planned Community District Regulations, a Zone Change (ZC22- 0001), a Tentative Map (TM22-0002), and a Development Agreement, to reflect the change in zoning from commercial to mixed-use to allow up to 840 residential units on the subject property (“Project”); and WHEREAS the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project was substantially covered in the previously adopted Final Environmental Impact Report (“FEIR”) for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or additions to this document are necessary to account for the expected Project impacts; however, none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent document exist. A Fourth Addendum to FEIR 02-04 (IS22-0002) was prepared for the Project; and WHEREAS the Director of Development Services set the time and place for a hearing before the Planning Commission, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS the hearing was held at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 7-0-0 to recommend to the City Council approval of the Development Agreement; and WHEREAS a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to consider adopting the Ordinance to approve the Development Agreement; and Page 45 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. 2024- Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their September 25, 2024, public hearing and the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings. II. COMPLIANCE WITH CEQA The City Council hereby finds, based upon their independent review and judgement, that the adoption of the Ordinance approving the Development Agreement for the Project, as described and analyzed in the Fourth Addendum to FEIR 02-04, would have no new effects that were not examined in said FEIR. III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council hereby finds that the proposed Development Agreement is consistent with the City’s General Plan and Otay Ranch General Development Plan (“GDP”), both as amended. The Development Agreement and Development Agreement implement the General Plan and the Otay Ranch GDP by providing a comprehensive program to implement the Sectional Planning Area (“SPA”) Plan Amendment and Tentative Map. The plans provide design incorporating a mixture of land uses connected by a walkable system of public streets and pedestrian paths, parks and plazas, retail opportunities, and commercial activities designed to promote a safe pedestrian environment. The Freeway Commercial South (FC-1) plan, including the number of residential units, park and plaza acreages, and commercial mixed-use area, is consistent with the General Plan and the Otay Ranch GDP, as amended. IV. ACTION The City Council hereby adopts an Ordinance approving the Development Agreement between the City of Chula Vista and GGP-Otay Ranch L.P. for the Freeway Commercial South portion (FC-1) of the Otay Ranch Freeway Commercial SPA (a copy of which is on file in the City Clerk’s office), finding it consistent with the California Government Code, adopted City policies, the General Plan, and the Otay Ranch GDP. V. SERVERABILITY 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 th e Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby Page 46 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. 2024- Page 3 of 4 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. VI. 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. VII. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VIII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of November 2024, by the following vote, to – wit; AYES: NOES: ABSENT: ABSTAIN: ________________________ John McCann, Mayor Page 47 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. 2024- Page 4 of 4 ATTEST: _______________________ Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Kerry Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. ______ was duly passed, approved, and adopted by the City Council of the City of Chula Vista at a regular meeting of the City held on the 12th day of November 2024. Executed this _____ day of ____ 2024. Page 48 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda PLANNED COMMUNITY (PC) DISTRICT REGULATIONS Freeway Commercial South Portion) Otay Ranch Town Center Sectional Planning Area (SPA) Adopted April 1, 2003, by Resolution No. 2003-132, Ordinance No. 2903 Amended September 21, 2004, by Resolution No. 2004-300, Ordinance No. 2977 Amended by Resolution No. 2016-187 on September 13, 2016, and Adopted by Ordinance No. 3376 on September 20, 2016 Amended by Resolution No. 2019-214 June 18, 2019 and Adopted by Ordinance No. 3459 on July 23, 2019 Project Sponsor: GGP-Otay Ranch L.P. 733 Eighth Street San Diego, CA 92101 Contact: Tony Pauker 858) 794-6157 Prepared by: Atlantis Group 2488 Historic Decatur Road, Suite #220 San Diego, CA 92106 Contact: Ted Shaw 619) 523-1930 tshaw@atlantissd.com Page 49 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 50 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FREEWAY COMMERCIAL OTAY RANCH TOWN CENTER PLANNED COMMUNITY (PC) DISTRICT REGULATIONS TABLE OF CONTENTS SECTION PAGE I. GENERAL PROVISIONS 1 A. Purpose and Scope 1 B. Private Agreements 1 C. Conflicting Ordinances 1 D. Establishment of Land Use Districts 2 1. Adoption of Land Use Districts Map 2 2. Amendments to the Land Use Districts Map 2 E. Clarification of Ambiguity 3 F. Effect of Regulations 3 G. Definitions of Terms 3 II. LAND USE DISTRICT MAP 5 A. District Boundaries 5 III. FREEWAY COMMERCIAL DISTRICT 6 A Purpose 6 B. Permitted and Conditional Uses 6 C. Accessory Uses and Buildings 11 D. Sign Regulations 12 1. Sign Permit Exceptions 12 2. Prohibited Signs and Lighting 15 3. Signs Permitted 16 4. Signs Relating to Inoperative Activities 17 5. Enforcement, Legal Procedures, and Penalties 17 6. Construction and Maintenance 18 7. Design Standards 18 8. Landscaping 19 9. Illumination and Motion 19 10. Sign Copy 19 11. Relationship to Streets 19 12. Design Review and Approval 19 E. Property Development Standards 20 1. General Requirements 20 a. Standards for Commercial Use Districts (FC 1 and Hotel) 20 b, Standards for Residential and Mixed-Use Districts 20 2. Additional Requirements 23 3. Special Requirements 23 Page 51 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda F. Parking and Loading Facilities 25 1. Size and Access Requirements 26 2. Number of Spaces Required for Designated Land Use 28 3. Loading Facilities 31 4. General Provisions 32 5. Parking Screening Requirements 33 6. Parking Area Landscaping 33 7. Parking Area Lighting 33 G. Outdoor Storage and Sales Areas 33 H. Trash Storage and Recycling Facilities 34 I. Wall Requirements 35 J. Landscaping 35 K. Performance Standards 35 L. Park and Ride Facilities 37 IV. SPECIAL USES AND CONDITIONS 38 A. Purpose 38 B. Temporary Uses and Special Events 38 1. Purpose 38 2. Temporary Uses Listed 38 3. Permits and Bonds 39 4. Extension or Modification of Limits 39 5. Condition of Site Following Temporary Use 39 6. Fee 39 C. Recreational Facilities 39 V. LEGISLATIVE PROCEDURES 41 A. Purpose 41 B. Adoption of Planned Community District Regulations 41 C. Amendments 41 VI. ADMINSTRATIVE PROCEDURES, CONDITIONAL USES AND VARIANCES 42 A. Purpose and Intent 42 B. Zoning Administrator – Authority 42 C. Planning Commission 46 D. Planning Commission – Appeals Procedure 46 E. Site Plan and Architectural Approval 46 F. Site Plan and Architectural – Appeal 49 G. Conditional Use Permit 50 H. Conditional Use Permit – Appeals 51 I. Variance 51 J. Variance – Appeals 52 VII. EXCEPTIONS AND MODIFICATIONS 53 A. Height Limitation Exceptions 53 B. Projections into Required Yard Permitted 53 Page 52 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda VIII. ENFORCEMENT 54 A. Enforcement by City Official 54 B. Actions Deemed Nuisance 54 C. Remedies 54 D. Penalties 54 LIST OF EXHIBITS EXHIBIT PAGE Exhibit PC-1 5 Exhibit PC-2 25 LIST OF TABLES TABLE PAGE Table A: Commercial Property Development Standards 21 Table B: Residential and Mixed-Use Property Development Standards 22 Table C: Parking Requirements 28 Table D: Required Handicapped Parking 30 Page 53 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 1 FREEWAY COMMERCIAL SPA OTAY RANCH TOWN CENTER PLANNED COMMUNITY (PC) DISTRICT REGULATIONS I. GENERAL PROVISIONS A. Purpose and Scope For the purpose of promoting and protecting the public health, safety and welfare of the people of the City of Chula Vista, to safeguard and enhance the appearance and quality of development in the Freeway Commercial Sectional Planning Area (SPA) of the Otay Ranch General Development Plan (Otay Ranch GDP) area, and to provide the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources, these Planned Community (PC) District Regulations defining land use districts and regulations within those districts are hereby established and adopted pursuant to Title 19 (Zoning Ordinance) of the Chula Vista Municipal Code (CVMC), specifically Chapter 19.48 PC Planned Community Zone. (Note that the proposed contemporaneous Otay Ranch GDP Amendment renames the southern portion of the Freeway Commercial SPA [FC 1] to Otay Ranch Town Center.) The PC District Regulations are intended to: Ensure that the SPA Plan is prepared and implemented in accordance with the provisions of the Otay Ranch GDP. Implement the Chula Vista General Plan for the Eastern Territories. Promote the orderly planning and long-term phased development of the Freeway Commercial portion of the Otay Ranch GDP area. Establish conditions which will enable the Freeway Commercial SPA to exist in harmony within the larger community. B. Private Agreements The provisions of this ordinance are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions contained within this ordinance. C. Conflicting Ordinances Whenever the provisions of this ordinance impose more, or less, restrictive regulations upon construction or use of buildings and structures, or the use of lands/premises than are imposed or required by other ordinances previously adopted, the provisions of this ordinance or regulations promulgated hereunder shall apply. Page 54 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2 D. Establishment of Land Use Districts In order classify, regulate, restrict, and separate the use of land, buildings, and structures, and to regulate and limit the type, height and bulk of buildings and structures in the various districts, and to establish the setback areas and other open space areas abutting and between buildings and structures, and to regulate the density of population, the Freeway Commercial SPA is hereby divided into the following Land Use Districts: FREEWAY COMMERCIAL OTAY RANCH TOWN CENTER SPA LAND USE DISTRICTS DEFINITIONS SYMBOL DEFINITION FC 1 Freeway Commercial (FC 1): The FC District permits regional uses which require an automobile orientation near regional transportation systems, including, but not limited to thoroughfare commercial, visitor commercial, and regionally oriented retail and service commercial uses. FC 1 additionally permits major (>500,000 square-feet) regional retail facilities. The MU/R (Mixed-Use/Residential) is located in the northwest quadrant of the FC 1 District. FC 2 Freeway Commercial North (FC 2) is divided into three sub-categories. H is primarily intended to contain hotels. RM is primarily intended for multi-family residential in an urban character with an urban park provided at the core of the planning area. C/MU and MU/R are primarily intended to contain mixed-use multi-family residential and commercial. 1. Adoption of Land Use Districts Map Land Use Districts and boundaries are established and adopted as shown, delineated and designated on the Freeway Commercial SPA Land Use Districts Map (see Exhibit PC-1) of the City of Chula Vista. This map, together with all notations, references, data, district boundaries and other information thereon, is made a part of these Freeway Commercial SPA Planned Community District Regulations and adopted concurrently herewith. 2. Amendments to the Land Use Districts Map Changes to the boundaries of the land use districts shall be made by Ordinance and shall be reflected on the Freeway Commercial SPA Official Land Use Districts Map, as provided in Section VI.C herein. Minor changes resulting on the basis of an approval of a tentative or final map may be made to the Land Use Districts Map as an administrative matter. Page 55 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3 E. Clarification of Ambiguity If ambiguity arises concerning the proper classification of a particular land use within the meaning and intent of this Ordinance, or if ambiguity exists with respect to height, setback requirements, area requirements or land use district boundaries as set forth herein, it shall be the duty of the Zoning Administrator to ascertain all pertinent facts concerning such ambiguity and forward said findings and recommendations to the Planning Commission, or on appeal, to the City Council. If approved by the Commission, or on appeal, by the City Council, the established interpretation shall govern thereafter. Should any provision of these regulations conflict with the regulations of the Municipal Code, the requirements herein shall apply. F. Effect of Regulations The provisions of this Ordinance governing the use of land, buildings, structures, the size of setbacks abutting buildings and structures, the height and bulk of buildings, standards of performance, and other provisions are hereby declared to be in effect upon all land included within the boundaries of each land use district established by this Ordinance. G. Definitions of Terms For the purposes of this ordinance, certain words, phrases, and terms used herein shall have the meaning, assigned to them by Title 19 of the City of Chula Vista Municipal Code. When consistent with the context, words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. The word "shall" is mandatory; the word "may" is permissive. Any aspect of land use regulation within the Freeway Commercial SPA not covered by these district regulations or subsequent plan approvals, shall be regulated by the applicable chapter of the CVMC. The following specific definitions are provided for the Freeway Commercial SPA: 1. Floor Area Ratio (FAR): The total Floor Area of FC 1, divided by the total site area in FC 1, excluding the enhancement buffer. 2. Major Regional Retail Facility: A retail complex serving the broader regional and consisting of at least 500,000 square-feet of retail facilities. 3. Floor Area for Major Regional Retail Facility: The total floor area of buildings, including customer sales, service, and storage areas, excluding covered or screened delivery areas; transit shelters; kiosks; cart sales areas; building walls and architectural projections; mechanical rooms; covered or screened refuge disposal areas; covered patios; maintenance rooms; fire corridors; and sign structures. Page 56 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 4. Enhancement Buffer (measurement): An area seventy-five feet from the curb line of Eastlake Parkway and Birch Road, excluding therefrom: entry streets and drives; acceleration and deceleration lanes; and the right-of-way for SR-125. The buffer may be reduced to 30-feet along Olympic Parkway. Page 57 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 5 II. LAND USE DISTRICTS MAP This chapter consists of the Land Use Districts (Zoning) Map for Freeway Commercial SPA included in a reduced form as Exhibit PC-1. The original Freeway Commercial SPA Official Land Use Districts Map shall be kept on file with the City Clerk and shall constitute the original record. A copy of said map shall also be filed with the City Planning Department. A. District Boundaries The land use district boundaries shown on the map coincide with proposed streets, alleys, driveways, parking bays, or lot lines. Minor amendments to these boundaries resulting from the relocation of a boundary street, alley, or lot line by the approval of a tentative or final subdivision map shall be incorporated in the Land Use Districts Map as an administrative matter. EXHIBIT PC-1 Page 58 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 6 III. FREEWAY COMMERCIAL DISTRICT A. Purpose The Freeway Commercial SPA is designated with Freeway Commercial and Mixed- Use/Residential Land Uses in the Otay Ranch GDP. Freeway Commercial is intended to serve as the site for regional automobile-oriented commercial uses, complementing the Eastern Urban Center (EUC), adjacent to the south, which is to serve as a more pedestrian- oriented, mixed-use focal point for the Otay Ranch community. The SPA’s location adjacent to the SR-125 freeway and surrounded by arterial roads, while also served by the San Diego Association of Governments (SANDAG) transit line, allows it to provide a unique mix of regionally oriented commercial uses. Two commercial land use districts, Freeway Commercial (FC 1 and FC 2), are designated to accommodate these uses. A portion of both planning areas have been designated to allow residential development. Specifically, FC 2 is designated RM and R/MU while FC 1 is designated MU/R both permit residential uses to provide walkable, transit-oriented housing opportunities. The FC District is included in these PC District Regulations to achieve the following: To provide an area for retail stores and service establishments offering commodities and services required by residents onsite and within surrounding communities and the South County region. To provide an integrated mixture of walkable transit-served commercial and residential uses. To provide appropriate development standards for retail commercial, residential, and support facilities. To encourage retail and service commercial uses, and related support uses, to concentrate for the convenience of the public and for a more mutually beneficial relationship to each other. To provide adequate space to meet the needs of modern commercial activity, including off- street parking and loading areas. To minimize traffic congestion and avoid overloading utilities by restricting construction of buildings of excessive size in relation to the amount of land around them. To promote high standards of site planning, architectural and landscape design for developments which have a mix of commercial and residential uses within the city of Chula Vista. B. Permitted and Conditional Uses The following uses shall be permitted where the symbol “P” appears and shall be permitted subject to a Conditional Use Permit (CUP) where the symbol “C” appears. Uses where the symbol “N” appears shall not be permitted. Note, the MU/R Residential is specific to the FC 1 portion of the SPA and the R/MU Residential is specific to the FC 2 portion of the SPA. Page 59 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 7 PERMITTED USE MATRIX FREEWAY COMMERCIAL DISTRICT LAND USE1 ZONING DISTRICT FC 1 Commercial H Hotel RM Residential R/MU Residential C/M Commercial MU/R Residential Administrative and professional services: Business or professional office P P N N P P Financial institution or office P P N N P P Medical, dental & health services and offices including laboratories) P N N N N N Real estate sales office P P P P P P General commercial uses: Antique shop (no outdoor storage) P P N N P P Apparel store P P N N P P Appliance store, including repair (no outdoor storage) P N N N N N Arcade and electronic games subject to chapter 19.58 CVMC) 2 C P N N C N Art, music or photographic studio or supply store P P N N P P Athletic and health club P P N N P N Automobile and/or truck services and car wash facilities (subject to chapter 19.58 CVMC) C N N N N N Bakery, retail P P N N P N Barber and beauty shop P P N N P P Bicycle shop, non-motorized P P N N P P Printing and photocopy services P P N N P N Books, gifts, and stationery store P P N N P P Candy store or confectioner P P N N P P Catering establishment P P N N N N Cleaners P P N N P N Page 60 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 8 LAND USE1 ZONING DISTRICT FC 1 Commercial H Hotel RM Residential R/MU Residential C/M Commercial MU/R Residential Cocktail lounge, bar, or tavern, including related entertainment C C N N C N Commercial recreation facilities not otherwise listed subject to chapter 19.58 CVMC) C C N N C N Electronics store, including sales and repair P N N N N N Equipment Rental (enclosed in building) P N N N N N Fast food restaurants with drive-in or drive-through subject to Chapter 19.58 CVMC) N C N N N N Food Trucks (Walk up mobile food restaurant) N N N N N P Florist Shop P P N N P P Food store – Specialty Market (<40,000 square-feet) P P N N P N Drug store, pharmacy P C N N C N Furniture, carpet, or home furnishings store P N N N N N Gasoline service station subject to Chapter 19.58 CVMC) C C N N C N Hardware or home improvement store P N N N P N Hobby shop P P N N P P Hotel or motel (subject to Chapter 19.58 CVMC) P P N N P N Jewelry store P P N N P N Junior department or department store, discount, or membership department store P N N N N N Page 61 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 9 LAND USE1 ZONING DISTRICT FC 1 Commercial H Hotel RM Residential R/MU Residential C/M Commercial MU/R Residential Kiosk, including photo sales, located in parking lot P P N N P P Kiosk, including photo sales, located in plaza area P P N N P P Laundry (coin-operated) P P P P N P Liquor store, package off- sale C N N N F N Newspaper and magazine store, including printing and publishing P P N N P N Nursery or garden supply store in enclosed area P N N N P N Office supplies/stationery store P N N N P P Outdoor sales and display subject to Chapter 19.58 CVMC) P N N N P P Parking facilities, commercial (subject to Chapter 19.58 CVMC) P N N N P N Pet store, pet supplies and services including grooming no boarding) P N N N P N Printing shop P P N N P N Recycling collection center subject to Chapter 19.58 CVMC) P N N N N Restaurant serving alcoholic beverages with live entertainment or dancing C C N N N C Restaurant with cocktail lounge or bar serving alcoholic beverages P P N N C P Restaurant with incidental serving of beer/wine but without cocktail lounge, bar, entertainment, or dancing P P N N C P Restaurant, coffee shop, delicatessen P P N N P P Page 62 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 10 ZONING DISTRICT LAND USE1 FC 1 Commercial H Hotel RM Residential R/MU Residential C/M Commercial MU/R Residential Restaurant, drive-through P C N N N C Retail, wholesale, including membership stores and manufacturer's outlets which require extensive floor areas for the storage and display of merchandise, and the high volume, warehouse-type sale of goods and uses which are related to and supportive of existing on-site retail distribution centers or manufacturer's outlets P N N N N N Retail store or shop P P N N P P Snack bar or refreshment stand contained within a building P P N N P P Stamp and/or coin shop P P N N P P Stores, shops, and offices supplying commodities or performing services for the residents of the city as a whole or the surrounding community such as department stores, specialty shops, banks, business offices, and other financial institutions and personal service enterprises P N N N P N Swimming pool supply store P N N N N N Television, stereo, radio store, including sales and repair P N N N N N Theater, movie, multiplex C N N N N N Tire sales and service P N N N N N Travel agency P N N N P P Veterinary office and/or animal hospital C N N N N N Page 63 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 11 ZONING DISTRICT LAND USE1 FC 1 Commercial H Hotel RM Residential R/MU Residential C/M Commercial MU/R Residential Public and Semi-Public Uses: Assembly Uses N N N N N N Day nursery, daycare school or nursery school (for profit) P P N N P P Day nursery, daycare school or nursery school (non-profit) N P N N P P Educational institution C C N N C N Public utility and/or public service sub-station, reservoir, pumping plant and similar installation C C C C C C Public Park NA P P P P P Outdoor recreational facilities, including but not limited to tennis and swim clubs, basketball, racquetball, and handball courts C C P P C P Residential Uses: Single Family Detached Residential N N N N N N Multi-family Residential N N P P P P Residential Care Facilities and Housing for Seniors N N N N N N Temporary Uses: Subject to the provisions of Section VI. B P P P P P P Other Uses: Unclassified uses (subject to Chapter 19.54 CVMC) C P C C C C 1 P = permitted use; C = conditional use permit; N = not permitted 2 Refer also to Section III-K-13, herein. C. Accessory Uses and Buildings Accessory uses and accessory buildings customarily appurtenant to a permitted use are allowed subject to the requirements of Chapter 19.58 CVMC. Page 64 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 12 Roof mounted satellite dishes shall be permitted as accessory structures subject to the following standards or conditions: The dish shall be screened using appropriate matching architectural materials or parapet walls; Dishes shall be of a neutral color, match the building, or as otherwise approved by the Planning Director; A building permit shall be required; and, No advertising material shall be allowed on the satellite dish antenna. Satellite dish antennae containing advertising material shall be considered signs. D. Sign Regulations No person, except a public officer or employee in performance of a public duty, shall post, paint, erect, place or otherwise fasten any sign, pennant or notice of any kind, visible from a public street except as provided herein. To ensure compliance with this section, a sign permit shall be required for any sign, pursuant to Chapter 19.60.030 of the Chula Vista Municipal Code, except as provided by the following. The following provisions that refer to type, size and content of the sign are only guidelines, but shall not restrict any First Amendment rights to speech. 1. Sign Permit Exceptions The following signs shall be exempt from the sign permit requirements, however an electrical and/or building permit may be required. Any signage in excess of the specific exemptions listed below is prohibited: a. Real Estate Kiosk Signs: Signs installed pursuant to a Real Estate Kiosk Program sanctioned by the city of Chula Vista. b. Political Signs: Signs having to do with any issue, ballot measure, political statements and expressions, or candidate in any municipal, County, State or Federal election shall be permitted. All political signs shall be placed, erected, constructed, painted, or assembled no earlier than thirty calendar days prior to the election and shall be removed no later than ten (10) calendar days following the date of the election. A political sign shall not exceed five (5) square-feet in total area for one side in a residential district, and twelve (12) square-feet in a commercial district. Double- faced signs shall not exceed five (5) square-feet per side in residential districts and twelve (12) square-feet per side in commercial districts. No signs shall be placed in a manner that would obstruct the visibility of, or impede pedestrian or vehicular traffic, or endanger the health, safety, or welfare of the community. All political signs shall not exceed an overall height of six-feet (6’) from the finished grade immediately around the sign. Page 65 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 13 No political sign shall be lighted either directly or indirectly unless said sign is erected, painted, or constructed on an authorized structure already providing illumination. No political sign shall be placed or affixed to a traffic signal, street light, tree, fence, utility pole or existing sign, nor shall it be posted on any public property or in the right-of-way if, in the opinion of the Zoning Administrator, said sign impedes or renders dangerous public access to any public improvement, including but not limited to, utility poles and fire hydrants; or obstructs the vision of any sign designed to regulate, control or assist public or private transportation or obstructs the vision of any user of a public right-of-way. No political sign shall be posted in violation of any provisions of this section. Further, the Zoning Administrator or his designated representative shall have the right to remove all signs placed contrary to the provisions of this section. Any political sign placed on private property without the consent of the owner may be removed by said owner or representative of said owner. c. Temporary Subdivision Signage: Temporary billboards, directional signs and staff-mounted flags are allowed in FC 2, as shown in Master Precise Plan MPP). Such signs shall be for the identification of a subdivision, price information and the developer’s name, address, and telephone number. Canvas signs, banners, advertising flags, and similar devices are permitted. Flagpole height shall not exceed 21-feet in height. Billboards shall not exceed 400 square-feet on each side. Directional signs shall not to exceed 64 square-feet in total area for two (2) sides or 32 square-feet for one (1) side and a total overall height of twelve-feet (12’) may be permitted on each street frontage of each neighborhood. Temporary signs installed in the City public right-of-way shall require an encroachment permit from Land Development Department. There shall be no visibility obstructions within fire feet from any driveway. Said signage shall be allowed until the units within the subdivision are sold out, or a period of thirty- six months, whichever comes first. Extensions of twelve (12) months may be approved by the Development Services Director/Zoning Administrator prior to the expiration date. Such signs shall be removed within thirty (30) calendar days from the date of the final sale of the land and/or residences. Signs shall be maintained in good repair. d. Temporary Construction Sign: Two (2) directory signs shall be permitted on the construction site for all contractors (may include financial institutions, real estate agents, subcontractors, etc.) not exceeding thirty-two (32) square-feet each, unless legally required by government contracts to be larger. No sign shall exceed eight feet in overall height and shall be located no closer than ten-feet 10’) to any property line. Such sign shall be removed upon the granting of Page 66 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 14 occupancy by the City. For all other projects, a total of two (2) signs per development site may be installed with a maximum of four (4) square-feet in area and five-feet (5’) in height for each sign. Such sign(s) shall be removed upon finalization of building permits. e. Interior Signs: Signs within a structure or building when not visible or readable, nor intended to be read from off-site or from outside of the structure or building. f. Memorial Tablets, Plaques or Directional Signs: Signs for community historical resources, installed by a City-recognized Historical Society or civic organization. g. Convenience and Secondary Directional Signs: Signs not to exceed four (4) square-feet in area or ten-feet (10’) in height. h. Official and Legal Notices: Notices issued by any court, public body, person, or officer or in furtherance of any non-judicial process approved by State or local law. i. Signs Providing Direction, Warning, or Information: Signs or structures required or authorized by law or by Federal, State, County or City authority. j. A Single Official Flag: The flag of the United States of America and/or two flags of either the State of California, or other states of the United States, counties, municipalities or official flags for nations, and flags of internationally or nationally recognized organizations or the company flag. Flags shall be a maximum of five feet by eight feet, unless otherwise specifically approved on a site plan k. Signs of Public Utility Companies: Signs indicating danger, or which serve as an aid to public safety, or which show locations of underground facilities or public telephones. l. Safety Signs: Safety signs on construction sites. m. “No Trespassing”: “No dumping” and similar warning signs not exceeding four square feet. n. Signs on Public Transportation Vehicles: Signs regulated by a political subdivision, including but not limited to buses and taxicabs. o. Signs on Licensed Commercial Vehicles: Provided such vehicles are not used or intended for use as portable signs or as may be prohibited in Section III.D.2. p. A Change of Copy: Copy conforming to an approved Comprehensive Sign Program. All other changes of copy shall comply with this section. Page 67 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 15 2. Prohibited Signs and Lighting All signs and lighting not expressly permitted are prohibited in all districts including, but not limited to the following: a. Roof signs. b. Flashing lights or signs. c. Animated signs or lights that convey the illusion of motion d. Revolving or rotating signs e. Vehicle signs (when parked or stored on property to identify a business or advertise a product). f. Portable signs (except where permitted by these regulations). g. Off-site signs (except temporary subdivision or real estate signs). h. Signs within the public right-of-way (except those required by a governmental agency). No sign shall be placed, erected, or constructed on a utility pole, traffic device, traffic sign, warning sign, or to impede access to any public improvement. i. Signs located on public property except as may be permitted by Section III.D.1.b or required by a governmental agency. j. Signs within the public right-of-way prohibited by the Streets and Highway Code Sec. 101 et. seq. and Sec. 1460 et. seq.), the Vehicle Code (Sec. 21400 et. seq.) and the Public Utilities Code (Sec. 7538 et. seq.). k. Signs blocking doors or fire escapes. l. External light bulb strings and exposed neon tubing outside of buildings (except for temporary uses such as Christmas tree lots, carnivals and similar events having prior approval of the City). m. Inflatable advertising devices of a temporary nature, including hot air balloons except for special events as provided for in Section V.B). n. Advertising structures (except as otherwise permitted in this section). o. Statuary (statues or sculptures) advertising products or logos of the business located outside of the structure that houses the business. p. The use of decals, stick-on or transfer letters, or tape on the walls or parapets of buildings, fences, walls, and other structures. Page 68 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 16 q. Signs which purport to be, are an imitation of, or resemble official traffic warning devices or signs, that by color, location or lighting may confuse or disorient vehicular or pedestrian traffic. This does not include traffic or directional signs installed on private property to control on-site traffic. 3. Signs Permitted The following signs may be placed with approval of a sign permit provided it is in compliance with all other applicable laws and ordinances. These signs are subject to the individual special provisions listed: a. Convenience Signs: On-site signs no greater than six square feet necessary for public convenience or safety may be approved by the Zoning Administrator. Signs containing information such as “entrance,” “exit,” or directional arrows shall be designed to be viewed from an area adjacent to the site by pedestrians or motorists. Signs that convey advertising or products shall not be considered a convenience sign. b. Public and Quasi-Public Signs: Schools, community centers and any other public or institutional building, shall be allowed the following signs: Public and quasi-public uses are permitted one (1) wall or monument sign, not to exceed thirty (30) square-feet in area and a bulletin board or announcement sign not to exceed fifty (50) square-feet in area and twelve-feet (12’) in height. Any bulletin board or announcement sign not attached flat against the building shall maintain a ten-foot (10’) setback from the streets. Public and quasi-public uses may request a permit allowing for temporary use of a sign announcing a special event. Either wall- mounted, or freestanding signs of paper, cardboard, plastic, or fabric are permitted; provided that the Zoning Administrator finds that the copy, color, and design of the sign will not adversely affect the order, amenity, or residential enjoyment of the neighborhood in which it is located. Special event signs shall be located on the premises of the institution or organization having the special event and shall not exceed five-feet (5’) in height, nor contain more than twenty-five (25) square-feet of sign area. Freestanding signs shall maintain a minimum ten-foot (10’) setback from any property line abutting a street right-of-way. Only one (1) sign shall be allowed for each street frontage. Upon application for a permit, the applicant shall submit a statement and diagram noting the nature of the special event, indicating the occasion, size, copy and colors of the proposed sign. No less than one permit for a special event sign shall be issued to any one institution or organization in one calendar year subject to Chapter 19.60.290 CVMC. Page 69 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 17 c. Community Special Event Signs: Special event signs may be approved for a limited period as a means of publicizing special events such as grand openings, Christmas tree lots, parades, rodeos, and fairs that are to take place within the Freeway Commercial SPA. Community special events such as a rodeo or community fair may be permitted the following signage: No more than four (4) off-site signs up to thirty-two (32) square feet in size and eight feet in height to publicize the event. Temporary advertising signing consistent with the requirements set forth in Section V.B. d. Commercial Special Events: Events such as grand openings and painted seasonal holiday window displays may be permitted the following signage: No more than four (4) signs, thirty-two (32) square-foot or smaller in size, eight-feet (8’) in height, on-site, freestanding special event signs. All other on-site special event signs can be either wall and window signs, flags, banners, and pennants. Inflatable advertising devices of a temporary nature may be permitted. In no case shall any signage, flag, pennant, inflatable device, or banner be placed above the roof line. e. Comprehensive Sign Program: All signs approved in a comprehensive sign program adopted as a component of a Design Review submittal and pursuant to the FC 1 or FC 2 Design Plan or MPP, respectively, are permitted. 4. Signs Relating to Inoperative Activities Signs pertaining to activities or businesses which are no longer in operation, except for temporary closures for repairs, alteration, or similar situations, shall be removed from the premises or the sign copy shall be removed within thirty (30) days after the premises have been vacated. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this section and local ordinance. 5. Enforcement, Legal Procedures, and Penalties Enforcement, legal procedures, and penalties shall be in accordance with the enforcement procedures established by Chapter 19.60 CVMC. Unauthorized illegal signs may be abated by the City in accordance with local ordinance. If said sign is stored by the City, the owner may recover said sign from the City upon payment to the City of any storage and/or removal charges incurred by the City. The minimum charge shall be no less than three dollars per sign. All signs removed by the City may be destroyed thirty 30) calendar days following removal. If any sign, in the opinion of the Zoning Administrator, is an immediate threat to the public health and safety, said sign shall be immediately and summarily removed with the cost of removal charged to the property owner in accordance with local ordinances. Page 70 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 18 6. Construction and Maintenance a. Construction Every sign and all parts, portions and materials shall be manufactured, assembled, and erected in compliance with all applicable State, Federal and City regulations, and the Uniform Building Code. b. Maintenance Every sign and all parts, portions and materials shall be maintained and kept in proper repair and safe structural condition at all times. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked or broken surfaces, and malfunctioning or damaged portions of a sign shall be repaired or replaced. Noncompliance with such a request shall constitute a nuisance and will be replaced within thirty (30) calendar days following notification of the business by the City and will be abated. 7. Design Standards Each sign shall be designed with the intent and purpose of complementing the architectural style of the main building or buildings, or type of business on the site. Signs located on institutional or community purpose sites, but in a predominantly residential area, shall take into consideration compatibility with the residential area to the extent possible. a. Relationship to Buildings Signs located upon a lot with only one main building housing the use which the sign identifies shall be designed to be compatible with the predominant visual elements of the building such as construction materials, color, or other design details. Each sign located upon a lot with more than one main building, such as a shopping center or other commercial or industrial area developed in accordance with a common development plan, shall be designed to be compatible with the predominant visual design elements common or similar in all such buildings or the buildings occupied by the “main tenants” or principal uses. The Zoning Administrator may place conditions of approval on any sign permit to require incorporation of such visual elements into the design of the sign where such an element(s) is necessary to achieve a significant visual relationship between the sign and building or buildings. Page 71 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 19 b. Relationship to Other Signs Where there is more than one (1) freestanding sign located upon a lot, all such signs shall be complementary and consider the following five (5) design elements: Type of construction material (such as cabinet, sign copy or supports). Letter style of sign copy. Type or method used for support, uprights or structure on which sign is supported. Sign cabinet or other configuration of sign area. Shape of the entire sign and its several components. 8. Landscaping Each freestanding sign shall be in a landscaped area which is of a shape, design, and size equal to at least the maximum allowable sign area) that will provide a compatible setting and ground definition to the sign. The landscape area shall be maintained in a neat, healthy, and thriving condition. 9. Illumination and Motion Signs shall be stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is always stationary and constant in intensity and color (non-flashing). 10. Sign Copy The name of the business, use, service and/or identifying logo shall be the dominant message on the sign. The inclusion of advertising information such as lists of products more than one product), is prohibited. 11. Relationship to Streets Signs shall be designed so as not to obstruct any pedestrian, bicyclist, or driver's view of the street right-of-way. 12. Design Review and Approval A signage plan including sign locations, size, style, materials, lettering size and style, and any other information necessary to adequately review the proposal shall be prepared and submitted for review and approval by the Zoning Administrator prior to construction. Off-site signs for Town Center in the Olympic Parkway corridor are permitted, but require, in addition to a sign permit, consideration of required input from adjacent property owners. Page 72 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 20 E. Property Development Standards The following property development standards apply to all land and buildings other than accessory buildings authorized in the Freeway Commercial District. In FC 1, any legal lot may be used as a building site, except no building permit shall be issued for any lot having lot size less than 10,000 square-feet. 1. General Requirements The standards in the following table are minimums unless otherwise stated. An approved MPP, the contents of which are to be determined by the Zoning Administrator, will be required for all areas within the Freeway Commercial SPA. The respective MPP will establish specific design districts within FC 1 and FC 2 and may limit the location of certain uses (e.g., fast food restaurants, auto repair, etc.). The respective MPP shall be prepared in accordance with the Otay Ranch Freeway Commercial SPA, the respective Design Plans, and adopted City standards. a. Property Development Standards for Use Districts (FC 1 commercial and Hotel) Purpose: The provisions of this section shall apply to commercial and residential uses within FC 1 commercial and Hotel sites. b. Standards for Residential and Mixed-Use District 1) PURPOSE The provisions of this section shall apply to residential uses within the RM District and mixed-use arrangement of commercial and residential uses within the R/MU, C/MU, and MU/R Districts. 2) COMMON USEABLE OPEN SPACE Common usable open space (CUOS) shall be provided for all multi- family developments. CUOS shall take the form of passive and active recreation areas such as swimming pools, picnic areas, ball courts, paseos, etc. These areas shall not be fragmented or consist of leftover land, parking areas, areas dedicated exclusively for access or refuse storage areas, and must be pedestrian linked and/or easily accessible to most residents in the development. Driveways are not counted towards open space unless they are enhanced as plazas and not used for parking. Any portion of a lot which is relatively level (maximum five-percent grade), developed for recreational or leisure use, and which contains 60 square-feet with no dimension less than six-feet (6’), shall be considered open space. Page 73 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 21 Where above standards cannot be met, up to one-third of the CUOS requirement may be met through excess Private Open Space, as long as the Private Open Space is equally distributed among all units. TABLE A: COMMERCIAL PROPERTY DEVELOPMENT STANDARDS STANDARD DIMENSION FC 1 Commercial FC 2 H Hotel Lot area, net sq. ft. (000's) 401 SP Lot width (feet) 100 SP Lot depth (feet) 100 SP Front yard setback (feet to other FC zoned lot) SP SP Side yard setback, each (feet to other FC zoned lot) SP SP Rear yard setback (feet to other FC zoned lot) SP SP Building setback from Olympic Parkway, Eastlake Parkway and Birch Road (measured from curb in feet) Note: Transit Structures, signs, entry monuments, and pedestrian oriented facilities are excluded. 75 30 Public Transit ROW setback (feet) SP SP Internal vehicular travel-way setback (measured from curb in feet) 10 10 Building height, maximum for main building (feet) DR 65 Building feature, maximum height (feet) DR 75 Lot coverage, maximum (% net lot area) SP SP Landscaping, minimum (% net lot area) SP SP 1 Map for condominium development does not need to meet lot area requirement. Minimum lot area may be reduced to 10,000 square-feet for master planned building complexes with Design Review approval. Such plans shall be for a total area of no less than 60,000 square-feet. Note, Building Height limitations have been removed from FC 1 to increase architectural flexibility to achieve up to 840 dwellings. 3) PRIVATE USABLE OPEN SPACE In a high-density urban environment, the common space is what defines the character of the neighborhood. As generously sized yards associated with single-family development are not possible, the benefits of private open space taking form of upstairs balconies and patios diminish in their recreational, aesthetic, and environmental value. Private open space areas in multi-family homes are frequently used for storage rather than for enjoyment of their intended use due to their limited size. Expanding and enhancing common usable open space becomes more beneficial to the residents. High-quality recreational amenities and landscaped garden areas serve for social gathering, active and passive recreation. Page 74 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 22 TABLE B RESIDENTIAL AND MIXED-USE DEVELOPMENT STANDARDS RM, R/MU, C/MU, AND MU/R) STANDARD DIMENSION5 RM (RESIDENTIAL) R/MU MIXED-USE) C/MU MIXED-USE) MU/R MIXED-USE) Lot Size DR DR DR DR Lot width and depth DR DR DR DR Setbacks front, rear, and side yards) DR DR DR DR Architectural feature projections such as awnings, building massing projections, cantilevers, bay windows, patio/balcony pop-outs, and other similar features are permitted to project into a required front or rear setback for a distance not to exceed two feet, provided any adopted Building Code requirement for separation of structures is maintained. FAR Floor Area Ratio) N/A N/A N/A N/A Building Height1 50’ 75’ 1 75’ 1 DR Lot coverage maximum %) DR DR DR DR Landscaping minimum %) DR DR DR DR Parking required3 Refer to Table B. Refer to Table C, Mixed Use. Refer to Table C, Mixed Use. Refer to Table C, Mixed Use. Common Useable Open Space4 N/A 200 sq. ft. per unit 4 Where above standards cannot be met, up to one-third of the Common Useable Open Space requirement may be met through excess Private Open Space, as long as the Private Open Space is equally distributed among all units. 200 sq. ft. per unit. N/A 200 sq. ft. per unit. Private Useable Open Space Minimum square feet per unit)2 Studios, 1-bedroom, and units above first story: 60 sq. ft. Ground floor units: 80 sq. ft. for 2-bedroom units 100 sq. ft. for 3- bedroom units Where above standards cannot be met, amenitized common open space will be provided instead at a 2:1 ratio. Note: No dimension of usable private open space shall be less than 6-feet. 60 sq. ft. per unit. N/A 60 sq. ft. per unit. DR= Determined by Design Review approval; NA = Not Applicable 1 Building features may exceed maximum building height with Design Review approval 2 May be modified subject to Design Review approval. 3 Requirements for bicycles parking shall be determined during the Design Review process. 4 Exceptions and alternatives that meet the intent may be approved during Design Review. Excludes driveways, drive aisles, si dewalks and walkways that serve only as access to the units, unless they are part of a paseo or larger enhanced common useable area. Enhanced motorcourts designated as “No Parking” can count towards Open Space. 5. Dimensions approved on a Master Precise Plan shall establish the dimension requirements for Design Review. Note, Building Height limitations have been removed from FC 1 to increase architectural flexibility to achieve up to 840 dwellings. Page 75 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 23 The project will meet its open space requirement through a combination of private balconies, terraces, porches, and common usable open space to satisfy open space needs for residents. Private usable open space PUOS) shall be provided for all multi-family residential dwelling units. PUOS shall take the form of yard area, porches, decks, patios, terraces, and balconies. If intended to satisfy the PUOS requirements, PUOS areas shall meet the Residential Development Standards in Table D above. Where minimum requirement for individual units cannot be met per the above allowances, the project shall provide two (2) times the required PUOS area as highly-quality Common Useable Open Space to satisfy their PUOS requirement. Amenities may include community gardens, sports courts, dog park, lounge areas, and cabanas. Modifications may be allowed subject to approval by the Director of Development Services Department. 2. Additional Requirements: a. Conveniently located common laundry facilities shall be provided for units which do not have individual hook-ups. b. Conveniently located and well screened enclosures for trash and recyclables shall be provided consistent with the City of Chula Vista’s solid waste and recycling guidelines. c. Mailbox kiosks shall be conveniently located throughout the complex. d. Units may be approved for either rental, condominium ownership, or fee simple, subject to the applicable City of Chula Vista regulations. e. Masonry walls shall be constructed where required for noise attenuation. f. Recreational vehicle parking areas shall be provided fully screened unless parking of recreational vehicles on-site is specifically prohibited. 3. Special Requirements a. Ownership: Boundaries for several requirements are based on ownership boundaries as of the adoption of this SPA Plan. In the event that these boundaries are adjusted, the Zoning Administrator shall adjust the requirement to the new ownership boundary if determined to be in substantial conformance to the adopted plan. b. The Enhancement Buffers, as depicted on the Land Use Districts Map (Exhibit PC- 1), identifies an enhancement area of 30 to 75-feet back from the adjacent curb. No buildings greater than 25,000 square-feet may encroach into this buffer zone. Buildings less than 25,000 square-feet may only encroach where it can be clearly demonstrated that encroachment improves pedestrian orientation, provides Page 76 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 24 pedestrian oriented amenities, and does not negatively impact the streetscape. Parking areas, drive aisles, driveways, seating areas, and patios may encroach, subject to Design Review approval, providing parking is screened and the encroachment is for a limited distance as opposed to a continuous encroachment. Transit lanes and station facilities may be located within the buffer zone. c. Design Review and Site Plan and Architectural approval shall be required for all uses within the Freeway Commercial Districts. Site plans and architectural designs shall comply with the provisions of the respective Freeway Commercial Design Plan. Submittals shall, at a minimum, include an entire Design Review Area as shown on Exhibit PC-2 and contain the information required per Chapter III Design Review Process of the Design Plan. As an alternative to preparing detailed plans for an entire Design Review Area, a Precise Plan may be approved for the entire area and implemented through phased Design Review approvals. The subsequent phases shall be reviewed for consistency with the Precise Plan. Public notice to property owners within 500-feet of the project shall be provided for all reviews requiringpublic hearings. The area on Exhibit PC 2 designated as “Orange” is primarily intended for hotels. The area designated as “Red” is primarily intended for mixed-use, with multi- family and commercial uses. The areas designated “Yellow” is primarily intended for multi-family residential uses, including a centrally located urban park ”Blue”. These areas are located with FC 2 and shall be developed in phases based on an overall MPP for the North Portion, which will satisfy many of the components of the required Design Review requirements. The area on Exhibit PC 2 designated as the “Green” Planning Area is the South Portion of the Freeway Commercial and shall be developed based on the MPP for the South Portion which will satisfy many of the components of the required of the South Portion Design Review Plan. 1. Initial Master Plan Level: This will be subject to Design Review of the regional retail facility on an overall basis, including the site plan and arrangement of buildings and parking areas. At this level an overall signing program, landscape design, and architectural standards shall be established. The Design Review Committee shall review and approve the project at this level. 2. Major Buildings Design Review. This will include the Design Review of any single building (user) more than 20,000 square-feet. The Design Review Committee shall review and approve all major buildings at this level. 3. Design Review for individual free-standing buildings (<20,000 square- feet), The Zoning Administrator shall review and approve the Administrative Design Review at this level. Page 77 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 25 4. Individual tenant store fronts, specific signs requiring a sign permit, or other similar improvements shall be reviewed and approved by the Zoning Administrator during the building permit process. EXHIBIT PC-2 F. Parking And Loading Facilities These regulations are for the purpose of providing convenient on- and off-street parking space for vehicles. The parking requirements of this section are to be considered as the minimum necessary for such uses permitted by the respective zone. All parking lots shall be subject to the requirements of the City of Chula Vista Storm Water Manual, dated January 2011. Page 78 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 26 The intent of these regulations is to provide adequately designed parking areas with sufficient capacity and adequate circulation to minimize traffic congestion and promote public safety. It shall be the responsibility of the developer, owner, or operator of the specific use to provide and maintain adequate off-street parking. 1. Size and Access Requirements The following property development standards shall apply to all parking areas: a. General Requirements The following are minimums unless otherwise stated: 1) Automobile: Standard: Uncovered: 9-feet by 19-feet each space Covered in a garage: 9-feet by 19-feet for single-car garage; 18-feet by 20-feet for side-by-side two-car garage; and 10-feet by 39-feet for tandem two-car garage Size and configuration of automobile parking spaces shall, as a minimum, comply with the City of Chula Vista’s adopted parking table (PL-30) which establishes stall sizes relative to parking angle and aisle width. 2) Motorcycle Space: 4-feet by 8-feet each space 3) Bicycle Space: 2-feet by 6 feet each space or as provided in a manufactured storage rack/device 4) Motorized Cart Space: 4-feet by 6-feet each space; may also use automobile spaces Automobile, handicapped, motorized cart, motorcycle, and bicycle spaces: All parking stalls and maneuvering areas shall be paved and permanently maintained with asphalt, concrete or any other all- weather surfacing approved by the Zoning Administrator and subject to current City standards. All parking facilities shall be graded and drained to provide for the disposal of all surface water on the site, except as may be deemed preferable to satisfy NPDES requirements. Off-street parking areas for more than three (3) vehicles shall be provided with a concrete curb not less than six inches in height to confine vehicles to the parking area. Page 79 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 27 5) Striping and Identification a) Automobile: All parking stalls shall be clearly outlined with lines on the surface of the parking facility. b) Handicapped: All handicapped spaces shall be striped and marked according to the applicable State standards. c) Motorcycle: All motorcycle spaces shall have bollards installed and appropriately spaced to prevent automobile usage of the motorcycle area. Motorcycle spaces shall be marked so that they can be clearly identified for motorcycle use. d) Bicycle: All bicycle parking facilities shall be clearly visible. 6) Storm Water Management: Parking lots of 5,000 square-feet or more or containing 15 or more parking spaces, and potentially exposed to urban runoff, shall comply with the City of Chula Vista Urban Storm Water Mitigation Plans SUSMPs). b. Access and Driveways 1) No parking area may be located so as to require or encourage the backing of automobiles or other vehicles across any street lot line, to effect egress from the places of parking. 2) Driveways for parking areas shall be a minimum of 15-feet wide for one- way traffic and 24-feet wide for two-way traffic. The minimum vertical clearance shall be ten-feet (10’) to allow for the passage of emergency vehicles, based on minimum standards administered by the Director of Engineering. 3) All aisles and turning areas shall be adequate to provide safe and efficient access to and from parking spaces, based on minimum standards administered by the city traffic engineer. c. Special Requirements 1) Shared parking may be permitted pursuant to the following criteria: a) The applicant shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the shared parking is proposed. Page 80 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 28 b) Parties involved in the shared use of a parking facility or facilities shall evidence agreement for such shared use by a proper legal instrument approved by the City Attorney as to form and content. c) Any shared parking facility shall be provided with adequate signs on the premises indicating the availability of that facility for patrons of the participating uses. 2) All shopping cart storage areas shall be screened from public view from the parking lot areas and public streets. 2. Number of Spaces Required for Designated Land Use a. The number of parking spaces required shall be as set forth in the table below. TABLE C: PARKING REQUIREMENTS LAND USE MINIMUM OFF-STREET PARKING REQUIRED* Commercial (FC 1 and Hotel) Administrative & professional services offices 1 space/300 square-feet of gross floor area; minimum 4 spaces Appliance, furniture, home furnishings store 1 space/600 square-feet of gross floor area Auto or truck sales 1 space/10 car storage/display spaces Bowling alley or billiard hall 5 spaces/alley plus 2 for each billiard table plus required parking of any other uses on the site Eating & drinking establishment (non-fast food) 1 space/each 2½ seats or 1 space/50 square-feet of seating area where there are no fixed seats Fast food restaurant w/ drive-in or drive through 1 space/each 7 seats plus 1 space per employee, minimum 15 spaces and on-site queue line for at least 8 vehicles when drive through is included Gasoline dispensing and/or automotive services stations 2 spaces plus 4 for each service bay Hotel or motel 1 space per room Medical, dental, or veterinary office or clinic 1 space/200 square-feet of gross floor area; minimum 5 spaces Theater, movie 1 space/3½ seats Shopping Center and General Commercial, not otherwise listed 1 space/200 square-feet of gross floor area (5:1000 square-feet) Max. 10% of square-feet may be restaurants on this basis. Major Regional Retail Facility (>500,000 square feet) 4.5 spaces per 1,000 square-feet as an overall blended total for all uses (including shared park & ride spaces). Page 81 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 29 TABLE C- CONTINUED Public and Semi-public Uses Day nurseries, daycare schools, nursery schools 1 space/staff member plus 2 spaces/5 children or 1 space/10 children if adequate drop-off facilities are provided. Drop-off facilities must be designed to accommodate a continuous flow of passenger vehicles to safety load and unload children. The adequacy of proposed drop-off facilities shall be determined by the Zoning Administrator. College or vocational school 1 space/2 faculty member or employee plus 1 space/3 students Place of public assembly 1 space/3½ seats within the main auditorium or 1 space/45 square-feet of gross floor area within the main auditorium where there are no fixed seats Public utilities, civic uses To be determined by the Zoning Administrator West Residential RM 2 assigned covered spaces/unit plus minimum 0.33 guest spaces/unit. Tandem garage spaces are permitted. A two-car tandem garage will count as 1.75 parking spaces. The remaining 0.25 spaces will be provided as common unassigned parking. Senior, Congregate Care, or Affordable Housing To be determined by Design Review. Tandem spaces are permitted. Parking requirements may be reduced for developments restricted to Affordable and Senior Citizens at the discretion of the Planning Commission through a Conditional Use Permit procedure. Mixed-Use** R/MU Studio units: 1.0 spaces/unit 1-bedroom units: 1.5 spaces/unit 2-bedroom units: 2.0 spaces/unit 3-bedroom units: 2.25 spaces/unit Guest parking ratio of 0.33 is included in above ratios. Affordable Housing units: 0.5 spaces/unit, per state standard MU/R Studio units: 1.0 spaces/unit 1-bedroom units: 1.25 spaces/unit 2-bedroom units: 1.5 spaces/unit 3-bedroom units: 2.0 spaces/unit Guest parking ratio of 0.25 is included in above ratios. Affordable Housing units: 0.5 spaces/unit, per state standard C/MU 4 spaces per 1,000 square-feet Parking on Town Center Drive shall not be used to satisfy residential parking requirements. Parking on Town Center Drive may be used to satisfy the Commercial component of Mixed -Use/Residential parking requirements. Note, the residential parking rates for the R/MU and MU/R areas were reduced based upon proximity to the Transit system, including BRT, employment, and commercial facilities. Page 82 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 30 b. Handicapped Parking Requirements 1) Handicapped parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designated for occupancy by handicapped persons. 2) Handicapped parking spaces for all uses, other than residential, shall be provided at the following rate: TABLE D: REQUIRED HANDICAPPED PARKING NUMBER OF AUTOMOBILE SPACES PROVIDED NUMBER OF HANDICAPPED SPACES REQUIRED 1 – 25 1 26 – 50 2 51 – 75 3 76 – 100 4 101 – 150 5 151 – 200 6 201 – 300 7 301 – 400 8 401 – 500 9 501 – 1000 2% of Total Spaces Over 1000 20 plus 1 space for every 100 spaces or fraction thereof) over 1001 Handicapped parking spaces required by this section shall count toward fulfilling off-street automobile parking requirements. c. Bicycle Parking Requirements Commercial uses are required to install bicycle parking facilities providing a minimum of four bicycle parking spaces per tenant/user greater than 25,000 square- feet. Bicycle parking facilities shall be stationary storage racks or devices designed to secure the frame and wheel of the bicycle. Bicycle parking facilities shall be distributed throughout the commercial center and located in proximity to the entrance of each commercial use requiring provision of the facility. Commercial uses in the FC 2 that are specifically related to bicycle sales and repair should consider providing changing rooms and showers. Page 83 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 31 d. Motorcycle Parking Requirements Motorcycle parking areas shall be provided for all uses at the following rate: Uses with 25 to 100 automobile parking spaces shall provide one designated area for use by motorcycles (minimum two spaces). Uses with more than 100 automobile parking spaces shall provide motorcycle parking areas at the rate of one motorcycle parking area minimum two spaces) for every 100 automobile parking spaces provided. e. Fuel Efficient Vehicle Parking Requirements Parking spaces for electric vehicles, if provided, shall satisfy the amount of conventional parking space requirements. The project shall meet all City of Chula Vista requirements for electric vehicle parking. f. On-Street Parking On-street parking may be permitted on the internal streets and drives, subject to approval by the City Engineer. Any approved on-street parking may be applied to meet the parking requirements for adjacent uses. The assignment of specific spaces to individual buildings/uses shall be made in the Design Review approval, or as specified on an approved the MPP. On-street parking restrictions, enforcement, and provisions for dual-use spaces shall be under the control of the home or businessowners association for the mixed- use areas. 3. Loading Facilities a. Adequate loading area shall be provided for each building and/or user such that loading operations do not interfere with public access and circulation. If feasible, separate access and circulation routes shall be provided for loading and service areas. b. Loading and service areas shall be located to the rear of buildings to minimize visibility from rights-of-way, circulation conflicts and adverse noise impacts, unless specifically approved in Design Review. Any loading and/or service area which would be visible from Olympic Parkway, Eastlake Parkway or Birch Road shall be adequately screened to maintain the streetscape appearance. c. Loading facilities shall be adequately screened from adjacent land uses along the boundary of FC 1 and FC 2 by walls and covered trellises. d. Loading/unloading facilities shall implement Best Management Practices (BMPs) to prevent pollution of the storm drainage systems. Storm drain inlets shall not be located near the loading/unloading areas. Page 84 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 32 4. General Provisions a. Parking facilities, for both motor vehicles and bicycles, shall be provided for any new building constructed; for any new use established; for any addition or enlargement of an existing building or use; and for any change in the occupancy of an existing building. b. For additions or enlargement of any existing building or use, or any change of occupancy or manner of operation that would increase the number of parking spaces required, the additional parking spaces shall be required only for such addition, enlargement, or change, not for the entire building or use, unless required as a condition of approval of a CUP. c. The required parking facilities needed for any development shall be located on the same site or, if an irrevocable access and/or parking easement is obtained, the parking may be on an adjacent site. Property within the ultimate right-of-way of a Commercial Promenade Street may be used, to the extent available, and subject to sight distance criteria per City standards, to provide required on-site parking or loading/unloading facilities so long as at least one stall is provided on site. d. All required off-street parking spaces shall be designed, located, constructed, and maintained to be fully usable during workday periods or as needed using the premises. Temporary uses for which a temporary use permit has been secured may utilize parking areas as allowed by the temporary use permit. e. Where the application of these schedules results in a fractional parking space, the fraction shall be rounded to the higher whole number. f. The parking requirement for uses not specifically listed in the matrix shall be determined by the approval body for the proposed use based on requirements for similar uses, and on any traffic engineering and planning data that is appropriate to the establishment of a minimum requirement. g. In situations where a combination of uses are developed on a site, parking shall be provided for each of the uses on the site according to the schedule given in this section. h. Parking areas shall be separated from buildings by landscaping, bollards, and/or a raised concrete walkway. Parking lots shall be designed so that pedestrians will generally walk parallel to the flow of vehicles when approaching the adjacent building. i. All parking facilities required by this section shall be maintained in good operating condition for the duration of the use requiring such facilities. Such facilities shall be used exclusively for the parking of vehicles. Parking facilities shall not be used for the storage of merchandise, or, for the storage or repair of vehicles or equipment. Parking facilities shall not be used for the sale of merchandise, except on a temporary basis, pursuant to Section V.B Temporary Uses. Page 85 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 33 j. A maximum of five drive-through facilities for fast food restaurants are permitted within the Freeway Commercial SPA. 5. Parking Screening Requirements Off-street parking areas for more than five (5) vehicles, adjacent to a public street, shall be effectively screened by a ten-foot (10’) wide landscaped strip. The requirements specified herein may be eliminated in whole or in part where, in the opinion of the zoning administrator, such requirements are not necessary for the proper protection of abutting property because of substantial grade differentials, the existence of adequate walls or other equally valid reasons. 6. Parking Area Landscaping a. Parking areas shall be landscaped in accordance with the City’s Landscape Manual and the respective Freeway Commercial SPA Design Plan (Section II.A.4). b. Any unused space resulting from the design of the parking area shall be used for landscaping purposes, if determined to be of appropriate size and location. Refer to the respective Freeway Commercial SPA Design Plan (Section II.C.6) for additional guidelines relating to parking lot landscaping. c. All landscaped parking lot islands shall have a minimum inside dimension landscaped area) of three-feet (3’) and shall contain a twelve-inch (12”) wide walk adjacent to the parking stall and be separated from vehicular areas by a six-inch 6”) high, six-inch (6”) wide concrete curbing. d. All landscaped areas shall be irrigated automatically with reclaimed water and kept in a healthy and thriving condition free from weeds, debris, and trash. 7. Parking Area Lighting All parking facilities shall have lighting in accordance with City of Chula Vista standards. The lighting shall be designed and installed with cut-offs to confine direct rays to the site. Parking lot light standards shall be a maximum height of 35-feet from the finished grade of the parking surface in the major parking fields and directed away from the property lines. Light standards in pedestrian-oriented areas shall not exceed 12-feet in height. G. Outdoor Storage And Sales Areas Except where otherwise approved on a site plan, outdoor storage areas shall be entirely enclosed by solid walls not less than six-feet (6’) in height to adequately screen outdoor storage areas. Stored materials shall not be visible above the required walls. Page 86 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 34 Permanent outdoor sales areas shall be screened to improve site aesthetics when viewed from a distance, but the screening materials need not be solid or opaque. Filtered, close- range views of the materials for sale are allowed. Screening materials and design shall be consistent and integrated with the design and materials of the adjacent commercial building. H. Trash Storage And Recycling Facilities 1. Commercial: a. All developments shall provide areas for trash storage. These areas shall be enclosed within a minimum five-foot (5’) high masonry wall, or higher if deemed necessary in site plan approval, to adequately screen the trash area, built to standards adopted by the City for a freestanding wall and shall be designed to accommodate the trash containers used by the trash service company contracted with the City. Recycling facilities, including compactors and similar equipment, shall be located adjacent to trash storage areas, and similarly screened from view. Recycling facilities shall be designed to meet best management practices and current available technologies. b. The number of containers required shall be not less than required by the sanitary service operator on the site and a specified number by the zoning administrator for all commercial or other uses as determined by the actual use. c. Trash areas shall be kept neat and clean. Storage enclosures or containers for recyclables shall be designed to protect stored materials from the elements or spilling. d. The location of any trash area(s) shall be approved on the Design Review site plan and not block circulation during loading operations. e. The trash and recycling facilities enclosure shall be permanently maintained. f. Trash storage areas and recycling facilities shall be located away from storm drain inlets and be covered, bermed, or otherwise protected to prevent rainwater from reaching stored materials and/or the flow of polluted water from such materials onto paved areas and into storm drains. 2. Residential Residential projects will comply with the Recycling and Solid Waste Standards for central collection bin services or accommodate the storage and curbside pick-up of individual trash, and recycling containers (2 total), as approved for a small-quantity generator, to the satisfaction of the Director of Public Works and the Waste Management Manager. Page 87 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 35 I. Wall Requirements There shall be no zoning wall requirement for development within the Freeway Commercial SPA. Any walls deemed necessary shall be approved as part of the MPP and shown on the Design Review submittal. J. Landscaping Required landscaping shall be identified on the approved site plan. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives. All planting and irrigation shall be in accordance with the City Landscape Manual. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash, and debris. K. Performance Standards 1. The noise level emanating from any commercial use or operation shall not exceed the standards established in the Chula Vista Municipal Code. 2. All ground mounted mechanical equipment, including heating and air conditioning units, backflow prevention devices, and trash receptacle areas, shall be completely screened from public view and surrounding properties by use of a wall or fence, or shall be enclosed within a building. No material or equipment so screened shall have a height greater than that of the enclosing wall, fence or building. Structural and design plans for any screening required under the provisions of this section shall be approved by the Director of Development Services as part of the Design Review process. 3. All roof appurtenances including, but not limited to, air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas, internal circulation routes and adjacent public streets. 4. Reciprocal ingress and egress, circulation and parking arrangement shall be required to facilitate the ease of vehicular movement between adjoining properties. Provisions shall be integrated into the circulation design to permit the Freeway Commercial districts to function as an integrated commercial center. 5. All light sources shall be shielded in such a manner that the light is directed away from streets or adjoining properties. Safety and security lighting may be placed a maximum of 35-feet above grade. Illuminators should be integrated within the architecture of the building. Lighting plans shall be submitted and approved as a part of the Design Review process. 6. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed to public view except where required by utility provider. Pad mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment such as berms, walls and/or landscaping. Page 88 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 36 7. There shall be no emission on any site, for more than one minute in any hour, of air contaminants which, at the emission point or within a reasonable distance of the emission point, are as dark or darker in shade as that designated as No. 1 on the Ringelman Chart as published by the United States Bureau of Mines Information Circular #7718. 8. No use shall be permitted which creates an offensive odor, in such quantities as to be readily detectable beyond the boundaries of the lot on which it was created, except the normal odors coming from restaurants and cooking establishments. 9. Buildings should be located on the site to provide adjacent buildings adequate sunlight for solar access when practical. Buildings should be designed to minimize energy consumption, including but not necessarily limited to the following conservation measures: Co-generation Windows placement Shading for windows Deciduous shade trees on southerly or westerly orientations Dual glazing and improved insulation Energy efficient lighting Recycling 10. Automobile service, washing and rental facilities shall have designated areas for washing and detailing vehicles which are equipped with water recycling units, shall drain to the sanitary sewer system, or use other measures deemed appropriate by the Zoning Administrator. 11. All food preparation facilities shall have grease traps on their sanitary sewer connections and have designated areas for washing floor mats, or mops which drain to the sanitary sewer system. 12. Nurseries and garden supply stores/areas shall implement BMPs to prevent flow or polluted rainwater or irrigation water into the storm drainage system. Typical pollution from such areas includes sediments, fertilizers, pesticides, and herbicides. 13. Arcade and Electronic games facilities shall be designed and operated in a manner that discourages illegal activities and truancy. Page 89 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 37 L. Park and Ride Facilities: The required 200 Park and Ride spaces within the Major Regional Retail Facility may use shared parking standards, without an increase in parking spaces otherwise required, providing the parking area is identified by signing as available for Park and Ride use from the hours of 6:00 AM to 6:00 PM and available for general use after 6:00 PM. Page 90 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 38 IV. SPECIAL USES AND CONDITIONS A. Purpose This section provides additional regulation for special uses and conditions which require special review standards beyond those of the basic land use districts. Temporary uses and recreation amusement facilities are addressed in this section. Where this section prescribes regulation, which is more restrictive than that of the Land Use District, the provisions of this section shall apply. B. Temporary Uses And Special Events 1. Purpose The provisions of this section shall apply to uses allowed for a limited amount of time, as specified herein. Temporary uses are subject to administrative approval by the Zoning Administrator, except as noted. 2. Temporary Uses Listed a. Circuses, rodeos, parades or similar outdoor entertainment or enterprises, subject to not more than five days of operation in any calendar year. Requests exceeding these time limitations will require a CUP. b. Christmas tree sales, Halloween pumpkin sales and other holiday sales subject to not more than 40-days of site occupation and operation in any calendar year. c. Outdoor art and craft shows, and exhibits, subject to not more than three calendar days of operation or exhibition in any 60-calendar day period. d. Contractors' offices and storage yards on the site of an active construction project. e. Mobile home residences for security purposes on the site of an active construction project. f. Charitable or school sponsored drop-off bins for recycling of cans, newspapers, or similar items, or for drop-off of clothes and small items. Bins shall be in the parking lots of businesses or other public or semi-public property on a temporary basis when written permission is granted by the property owner or business owner. Said bins shall be kept in a neat and orderly manner. Collection of bottles, cans and newspapers shall also be regulated by Chapter 19.58.345 CVMC. g. Temporary tract signs for marketing purposes. h. Additional uses determined to be similar to the foregoing in the manner prescribed by these regulations. Page 91 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 39 3. Permits and Bonds All temporary uses shall be subject to the issuance of a Temporary Use Permit by the Zoning Administrator and other necessary permits and licenses, including but not limited to, building permits, sign permits and solicitors or vending licenses. In the issuance of such a permit, the Zoning Administrator shall indicate the permitted hours of operation and any other conditions, such as walls, fences, or lighting, which are deemed necessary to reduce possible detrimental effects to surrounding developments and to protect the public health, safety, and welfare. Prior to the issuance of a permit for a temporary use, a cash deposit may be required to be deposited with the City. This cash deposit shall be used to defray the costs of property cleanup by the City in the event the permittee fails to do same. 4. Extension or Modification of Limits Upon written application, the Zoning Administrator may extend the time within which temporary uses may be operated or may modify the limitations under which such uses may be conducted if the Zoning Administrator determines that such extension or modification is in accord with the purposes of the zoning regulations. 5. Condition of Site Following Temporary Use Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use and shall thereafter be used only in accord with the provisions of the zoning regulations. 6. Fee The application shall be accompanied by a fee established by the Master Fee Schedule to cover the cost of processing the application prescribed in this section. C. Recreational Facilities Construction of recreation courts, including necessary fencing and lighting, maybe permitted subject to administrative review and a finding that adjacent properties will not be unduly affected. Recreation courts shall meet the following minimum standards: 1. A maximum 20-foot-high fence (measured from the finished grade of the court) shall be allowed. Fences shall include a screening material which screens the court activity from off-site view and which improves the appearance of the fence. 2. Setbacks for the court shall be: Side yard: 10-feet (10’); Rear yard: 10-feet (10’) Page 92 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 40 3. Maximum of eight (8) lights permitted, mounted at a height not to exceed twenty- two feet. All lights and light fixtures shall be certified by a qualified lighting engineer to: a. Be designed, constructed, mounted and maintained such that, the light source is cut off when viewed from any point five-feet (5’) above the ground measured at the lot-line. b. Be designed, constructed, mounted, and maintained such that the maximum illumination intensity measured at the wall of any residential building on abutting property shall not exceed ½-foot candle above ambient levels. c. Be used between 7:00 a.m. and 10:00 p.m. 4. The surface area of any recreational court shall be designed, painted, colored and/or textured to reduce the reflection from any light incident thereon. 5. Landscaping shall be installed as required between the fence and the property line. Page 93 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 41 V. LEGISLATIVE PROCEDURES A. Purpose Zoning is a legislative act involving police power asserted in the interests of the public health, safety, and general welfare. These PC District Regulations are adopted to provide zoning for the Freeway Commercial SPA South Portion of the Otay Ranch Planned Community. B. Adoption of Planned Community District Regulations These PC District Regulations are adopted pursuant to Title 19, Zoning, of the Chula Vista Municipal Code and are intended to implement and integrate the Chula Vista General Plan, the Otay Ranch GDP, and the Freeway Commercial SPA Plan. The SPA is zoned PC Planned Community pursuant to the adoption of the Otay Ranch GDP and Chapter 19.48 CVMC. These regulations provide for the implementation of the Otay Ranch GDP and PC zone by setting forth the development and use standards for all property within Freeway Commercial SPA South Portion PC District. These PC District Regulations, along with the Freeway Commercial SPA South Portion, precisely delineate the allowable use of the property. C. Amendments Application for any change in district boundaries, use listing, property development standard or any other provision of these regulations shall be considered a zone change and be processed in accordance with the provisions of Chapter 19.12 CVMC. Approval of a zone change requires affirmative action following a public hearing by both the Planning Commission and City Council. Page 94 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 42 VI. ADMINISTRATIVE PROCEDURES, CONDITIONAL USES AND VARIANCES A. Purpose and Intent The purpose of this chapter is to define certain administrative procedures and requirements to provide clear instructions and notice to property owners and developers within Freeway Commercial SPA regarding permit and plan approvals. The general intent of these regulations is to use the standard procedures provided in Chapter 19.14 CVMC except where special procedures are required or defined herein. The administration of the Freeway Commercial SPA Plan shall be as provided for in Chapter 19.48.090 et. seq. CVMC, except that the Zoning Administrator may accept less detail or require additional detail to suit the development concepts included in the SPA plan. For matters relevant to the proper development and use of property within Freeway Commercial SPA and not addressed herein, the provisions of Title 19 CVMC (Zoning Ordinance) shall apply. In the event of conflicting standards, these PC District Regulations shall apply. B. Zoning Administrator - Authority The Zoning Administrator is authorized to consider and to approve, disapprove or modify applications on the following subjects and/or issue the following required permits without setting the matter for a public hearing: 1. Conditional Use Permit The Zoning Administrator shall be empowered to issue CUPs, as defined herein, in the following circumstances: a. Where the use requiring the permit would make use of an existing building and does not involve substantial remodeling thereof. b. For signs, as defined herein, and temporary tract houses, as limited herein. c. Establishments that include the sale of alcoholic beverages for off- site use or consumption. The Zoning Administrator shall hold a public hearing in accordance with Section 19.14.060-19.14.090 of the CVMC (Chapter 19.14 Administrative Procedures, Conditional Uses and Variances: sections .060 = Conditional Use Permit - Defined- Purpose and Intent, 090 = Conditional Use Permit - Public Hearing Procedure - Finding of Facts and .080 = Conditional Use Permit - Prerequisites For Grading) of the CVMC upon giving notice thereof in accordance with Sections 19.12.070-19.12.080 of the CVMC Chapter 19.12 Legislative Zoning Procedures: Sections .070 = Hearings - Notices Required - Methods And Additional Contents Of Notice, And .080 = Hearings - Notice Required – Contents). A CUP shall not be granted unless the Page 95 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 43 Zoning Administrator or other issuing authority finds in his/her sole discretion and based on substantial evidence in view of the entire record, that all the facts required by Section 19.14.080 of the CVMC (Administrative Procedures, Conditional Uses and Variances: Conditional Use Permit - Prerequisites for Grading) of the CVMC exist, and that approval of the permit will not result in an over concentration of such facilities. Over concentration may be found to exist based on: 1) the number and location of existing facilities; 2) compliance with State Alcohol Beverage Control over concentration standards in effect at the time of project consideration; 3) the impact of the proposed facility on crime; and 4) the impact of the proposed facility on traffic volume and traffic flow. The Police Department or other appropriate City Departments may provide evidence at the hearing. A permit to operate may be restricted by any reasonable conditions including but not limited to limitations on hours of operation. d. The City Clerk shall inform the City Council of the decision on each such permit when the decision is filed in accordance with Section 19.14.090 of the CVMC (Administrative Procedures, Conditional Uses and Variances: Conditional Use Permit - Public Hearing Procedure - Finding of Facts). The decision of the Zoning Administrator may be appealed. e. Such appeal shall be directed to the City Council, rather than the Planning Commission, and must be filed on City forms within 10 days after the decision if filed with the City Clerk, as provided in Section 19.14.100 of the CVMC Administrative Procedures, Conditional Uses and Variances: Conditional Use Permit – Appeals Procedure Generally.) Said appeal shall specify therein that the decision of the Zoning Administrator was in error and specifically identify all the facts and circumstances on which the claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If appealed within the time limit, said appeal shall be considered in a public hearing conducted by the City Council, in the same manner as other appeals pursuant to Sections 19.14.120 and 19.14.130 of the CVMC (Administrative Procedures, Conditional Uses and Variances: sections .120 – Conditional Use Permits – Appeal - City Clerk - Duties and section .130 – Conditional Use Permits – Appeal - City Council Action – Resolution) of the CVMC, except that the Council must make the same written findings required of the Zoning Administrator herein, in order to grant the permit. 2. Variances The Zoning Administrator shall be authorized to grant variances for limited relief in the case of: a. Modification of distance or area regulations. b. Additions to structures, which are nonconforming as to side yard, rear yard, or Page 96 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 44 lot coverage, providing the additions meet the requirements of the zoning ordinance affecting the property. c. Walls or fences to exceed heights permitted by ordinances. Modifications requested in said applications for relief to be administered with the requirement for a public hearing shall be limited to deviations not to exceed 25% of the requirements imposed by ordinances. 3. Site, Architectural and Landscape Plan Approvals The Zoning Administrator shall be empowered to grant site plan, architectural plan, and landscape plan approval as provided herein. 4. Performance Standard Procedure The Zoning Administrator shall be authorized to issue a zoning permit for uses subject to performance standards procedures, as provided herein. 5. Home Occupations The Zoning Administrator shall be authorized to grant permits for home occupations, as defined and regulated in Section 19.14.490 of the CVMC (Administrative Procedures, Conditional Uses and Variances: Home Occupations Permit Required when – Restrictions and Requirements). 6. Design Review The Zoning Administrator (ZA) has the discretion to act on projects, including new construction or additions to existing signs and structures. A decision of the Zoning Administrator may be appealed to the Planning Commission as set forth in Section 19.14.588 (Design Review – Appeal Procedure) of the CVMC. a. Legal description, legend, scale, north arrow, vicinity map and identification of designer. b. The boundary lines of subject property fully dimensioned together with the name and dimensions of adjoining streets. c. Existing topography and proposed grading plan showing, slope, retaining walls, pad elevations and percent of slope on streets, driveways, and other graded areas. d. Existing and proposed streets, utilities, and easements e. Access: Pedestrian, vehicular and service, points of ingress and egress, with driveway locations and dimensions. f. Loading and trash areas, walls and/or fences (including height). Page 97 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 45 g. Proposed location, height, and dimensions of buildings, including color and materials on all elevations. The floor area, number of stories, number of units and bedrooms (when applicable) shall be given. Proposed uses shall be indicated including floor area devoted to each use. h. Parking layout, including dimensions, number of stalls and circulation flow. i. Location, height, and size of signs proposed on the property. j. All Landscape Areas: Such areas shall be defined with a written proposal outlining the landscaping concept, as well as the proposed method of irrigation. In addition, all existing trees on the site shall be identified with a note as to proposed disposition. k. Lighting, including the location, type, and hooding devices to shield adjoining properties. l. Location and design of recreational areas. The Zoning Administrator shall determine from data submitted whether the proposed use will meet the development standards and design guidelines established in the Design Plan, and shall approve the application upon making a positive finding. The application may be disapproved, may be approved as submitted or may be approved subject to conditions, specific changes, or additions. The approval of the Zoning Administrator shall be noted by endorsement upon two copies of all sketches. In carrying out the purpose of this division, the Zoning Administrator shall consider in each specific case any or all the following principles as may be appropriate: 1) It is not a purpose of this section to control design character so rigidly that individual initiative is stifled in the layout of any building or site and substantial additional expense incurred; rather, it is the intent of this division that any control exercised be the minimum necessary to achieve the over-all objective of the Freeway Commercial SPA and associated regulatory documents. 2) The siting of any structure on the property, as compared to the siting of other structures in the immediate neighborhood, shall be considered. 3) The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures shall be reviewed. No sign shall be approved more than the maximum limits set herein. Page 98 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 46 4) Landscaping as provided in accordance with the Freeway Commercial SPA South Portion and associated regulatory documents shall be required on the site and shall be in keeping with the character or design of the site and existing trees shall be preserved whenever possible. 5) Ingress, egress, and internal traffic circulation shall be so designed as to promote convenience and safety. 7. Substantial Conformance: The Zoning Administrator may determine a variation in an application from an adopted SPA document or statistic is in substantial conformance to the adopted document, subject to the findings below and providing the statistical variation is less than ten percent. 8. Zoning Administrator - Required Findings: a. That the proposed project or use is consistent with the Chula Vista General Plan and adopted policies of the city; b. That the proposed project or use is consistent with, or found to be in substantial conformance with, the SPA Plan, the purpose and intent of these PC District Regulations, and the Design Plan; c. That the proposed project or use will not, under circumstances of the case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and, d. That the proposed project or use is consistent with the principles and overall quality of design established for the Otay Ranch Planned Community. Regarding applications on any of the aforementioned subjects, the Zoning Administrator shall set a reasonable time for the consideration of the same and give notice thereof to the applicant and to other interested persons as defined in the Chula Vista Municipal Code. In the event objections or protests are received, the Zoning Administrator shall set the matter for public hearing as provided herein. C. Planning Commission The Planning Commission shall review applications for CUP’s and shall approve, conditionally approve, or deny such plans. In cases which the application meets the criteria of Section VI.B.1 above, the application shall be directed to and determined by the Zoning Administrator. The Planning Commission shall review all appeals filed to contest sign design rulings of the Zoning Administrator. Page 99 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 47 The Planning Commission shall make its findings and action upon the provisions of the Otay Ranch GDP, Freeway Commercial SPA South Portion, the associated PC District Regulations, Design Plan, and other associated regulatory documents. D. Planning Commission - Appeals Procedure Decision of the Planning Commission may be appealed to the City Council within 10 - working days after the decision is filed with the City Clerk. The appeal shall be in writing and filed in triplicate with the Development Services Department on City forms prescribed for the appeal. Said appeal shall specify therein that the decision of the Planning Commission was in error and specifically identify all the facts and circumstances on which the claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until the City Council makes a determination. 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 Otay Ranch GDP, Freeway Commercial SPA South Portion, the associated PC District Regulations, Design Plan, and other associated regulatory documents. E. Site Plan And Architectural Approval The purpose of site plan and architectural approval is only to determine compliance with the Freeway Commercial SPA South Portion, the associated PC District Regulations, Design Plan, and associated regulatory documents. A Building Permit shall not be issued until site plan and architectural approval has been obtained for any land use requiring site plan and architectural approval, except for affordable housing projects. A site plan and architectural approval application shall be accompanied by the following plans. Additional plans or information may be necessary to enable the Zoning Administrator to make the determinations for these applications. 1. Legal description, legend, scale, north arrow, vicinity map and identification of designer. 2. The boundary lines of subject property fully dimensioned together with the name and dimensions of adjoining streets. 3. Existing topography and proposed grading plan showing, slope, retaining walls, pad elevations and percent of slope on streets, driveways, and other graded areas. 4. Existing and proposed streets, utilities, and easements. Page 100 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 48 5. Access: Pedestrian, vehicular and service points of ingress and egress, with driveway locations and dimensions. 6. Loading and trash areas, walls and/or fences (including height). 7. Proposed location, height, and dimensions of buildings, including color and materials on all elevations. The floor area, number of stories, number of units and bedrooms (when applicable) shall be given. Proposed uses shall be indicated including floor area devoted to each use. 8. Parking layout, including dimensions, number of stalls and circulation flow. 9. Location, height, and size of signs proposed on the property. 10. All Landscape Areas: Such areas shall be defined with a written proposal outlining the landscaping concept, as well as the proposed method of irrigation. In addition, all existing trees on the site shall be identified with a note as to proposed disposition. 11. Lighting, including the location, type, and hooding devices to shield adjoining properties. 12. Location and design of recreational areas. 13. The Zoning Administrator shall determine from data submitted whether the proposed use will meet the development standards and design guidelines established in the Freeway Commercial SPA South Portion, the associated PC District Regulations, and Design Plan and shall approve the application upon making a positive finding. The application may be disapproved, may be approved as submitted or may be approved subject to conditions, specific changes, or additions. The approval of the Zoning Administrator shall be noted by endorsement upon two copies of all sketches. In carrying out the purpose of this division, the Zoning Administrator shall consider in each specific case any or all the following principles as may be appropriate: a. It is not a purpose of this section to control design character so rigidly that individual initiative is stifled in the layout of any building or site and substantial additional expense incurred; rather, it is the intent of this division that any control exercised be the minimum necessary to achieve the over-all objective of the Freeway Commercial SPA South Portion, the associated PC District Regulations, Design Plan, and the associated regulatory documents. b. The siting of any structure on the property, as compared to the siting of other structures in the immediate neighborhood, shall be considered. c. The size, location, design, color, number, lighting, and materials of all signs Page 101 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 49 and outdoor advertising structures shall be reviewed. No sign shall be approved more than the maximum limits set herein. d. Landscaping is provided in accordance with the Freeway Commercial SPA South Portion, the associated PC District Regulations, Design Plan, and the associated regulatory documents shall be required on the site and shall be in keeping with the character or design of the site and existing trees shall be preserved whenever possible. e. Ingress, egress, and internal traffic circulation shall be so designed as to promote convenience and safety. F. Site Plan and Architectural - Appeals Appeals from determinations by the Zoning Administrator shall be to the Planning Commission, upon written request for a hearing before the Commission. In the absence of such request being filed within seven days after determination by the Administrator, the determination shall be final. The appeal shall be filed with the Development Services Department on the form required by the City and be accompanied by the non-refundable Required Fee. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised before the Zoning Administrator. Said appeal shall also specify therein that the decision of the Zoning Administrator was in error and specifically identify all the facts and circumstances on which the claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Upon the proper filing of the appeal, the Development Services Director shall cause the matter to be set for public hearing, giving the same notice as required in Sections 19.12.070 and 19.12.080 of the CVMC (19.12 Legislative Zoning Procedures: .070 = Hearings - Notices Required - Methods and Additional Contents of Notice and .080 = Hearings - Notice Required – Contents). Upon the hearing of an appeal, the Planning Commission may by resolution, affirm, reverse, or modify, in whole or in any part, any determination of the Zoning Administrator. The resolution shall contain Findings of Facts showing wherein the project meets or fails to meet any applicable site plan and architectural principles or development standards and design guidelines established in the Freeway Commercial SPA South Portion, the associated PC District Regulations, Design Plan, and a copy of the decision resolution of the Planning Commission shall be filed with the City Clerk and mailed to the applicant. The decision of the Planning Commission shall be final on the eleventh day after its filing, except where further appeal is taken as provided herein. The applicant or other interested person may appeal the decision of the Planning Commission granting or denying site plan and architectural approval to the City Council within 10-days after said decision is filed with the City Clerk. Said appeal shall be filed with the City Clerk in writing upon forms provided by the City and be accompanied by the non- Page 102 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 50 refundable Required Fee therefore. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. Said appeal shall also specify therein that the decision of the Planning Commission was in error and specifically identify all the facts and circumstances on which the claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If a proper appeal is filed within the time limits specified, it automatically stays proceedings in the matter until a determination is made by the City Council on the appeal. After hearing the appeal, the City Council may, by resolution, affirm reverse or modify, in whole or in any part, any determination of the Zoning Administrator or the Planning Commission. The Council resolution by which the appeal is decided shall contain Findings of Facts showing wherein the project meets or fails to meet the applicable site plan and architectural principles in Section 19.14.470 of the CVMC (Administrative Procedures – Permits – Applications – Hearings - Appeals - Site Plan and Architectural Approval – Principles to be Observed), the provisions of the Design Manual, any design standards required for the project, or other non- conformity with the requirements of this Chapter. A copy of the decision resolution of the City Council shall be filed with the City Clerk and mailed to the applicant. G. Conditional Use Permit The granting of a CUP is an administrative act to authorize permitted uses subject to specific conditions because of the unusual characteristic or need to give special consideration to the proper location of said uses in relation to adjacent uses, the development of the community and to the various elements of the general plan. The purpose of this section is to set forth the findings necessary for such administrative action and to establish a procedure for granting CUP’s. After the public hearing, the Planning Commission or the Zoning Administrator may, by resolution, grant a CUP if the Planning Commission or the Zoning Administrator finds from the evidence presented at said hearing that all the following facts exist: 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general wellbeing of the neighborhood or the community. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in this code for such use. 4. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. Page 103 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 51 The Planning Commission or the Zoning Administrator shall make a written finding which shall specify facts relied upon in rendering said decision and attaching such conditions and safeguards as deemed necessary and desirable not more than 10 days following the decision of the Commission or the Zoning Administrator and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements. A copy of this written Finding of Facts shall be filed with the City Clerk, with the Development Services Director and mailed to the applicant. The decision of the Planning Commission or Zoning Administrator shall be final on the eleventh day following its filing in the office of the City Clerk, except where appeal is taken as provided herein. H. Conditional Use Permit - Appeals The applicant or other interested party may appeal the decision of the Zoning Administrator to the Planning Commission within 10-days after said decision is filed with the City Clerk. Said appeal shall be in writing and filed in triplicate with the Development Services Department on forms provided by said department and shall specify wherein there was an error in the decision of the Zoning Administrator. Said appeal shall also specify therein that the decision of the Zoning Administrator was in error and specifically identify all the facts and circumstances on which the claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If an appeal is filed within the time limit specified, it stays proceedings in the matter until the Planning Commission makes a determination. Where the Planning Commission denies an application by less than four votes, the applicant shall have the right to either a rehearing at the next Planning Commission meeting or an appeal to the City Council without payment of additional fees. The choice of alternatives shall be discretionary with the applicant. All other proceedings pertaining to appeals shall continue to apply. I. Variance The granting of a Variance is an administrative act to allow a variation from the strict application of the adopted Freeway Commercial SPA South Portion, PC District Regulations of the zone, and to provide a reasonable use for a Neighborhood of property having unique characteristics by virtue of its size, location, design or topographical features, and its relationship to adjacent or surrounding properties and developments. The purpose of the Variance is to bring a particular neighborhood up to parity with other property in the same zone and vicinity insofar as a reasonable use is concerned, and it is not to grant any special privilege or concession not enjoyed by other properties in the same zone and vicinity. The Variance may not be used to correct improper zoning. It is the purpose of this section to set forth the findings necessary for such administrative action and to establish a procedure for granting variances. In no case shall a Variance be granted to permit a use other than a use permitted in the district in which the subject property is situated. The Zoning Administrator shall grant a Variance only when the following facts are found: Page 104 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 52 That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family, or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a Variance. Further, a previous Variance can never have set a precedent, for each case must be considered only on its individual merits. 1. That such Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a Variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbor. 2. That the. authorizing of such Variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of these regulations or the public interest. 3. That the authorizing of such Variance will not adversely affect the general plan of the City or the adopted plan of any governmental agency. J. Variance - Appeals The applicant or other interested persons may appeal using City forms the decision of the Zoning Administrator to the Planning Commission within 10-days after the decision is filed with the City Clerk and the hearing on said appeal shall be processed by the Planning Commission in the same manner as a CUP within the original jurisdiction of the Planning Commission. Said appeal shall specify therein that the decision of the Zoning Administrator was in error and specifically identify all the facts and circumstances on which the claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. The applicant or other interested persons shall have the same right of appeal from any determination of the Planning Commission in such instances as set forth in Sections 19.14.110 through 19.14.130 of the Chula Vista Municipal Code (Administrative Procedures, Conditional Uses and Variances: .110 = Conditional Use Permit – Appeals Form – Contents – Effects of Filing, .120 = Conditional Use Permit – Appeals – City Clerk Duties and .130 = Conditional Use Permit – Appeals City Council Action – Resolution) of the Chula Vista Municipal Code. Said appeal, on City forms, shall specify therein that the decision of the Planning Commission was in error and specifically identify all the facts and circumstances on which the claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse, or modify in whole or in part any determination of the Planning Commission, subject to the same limitations. The resolution must contain a Finding of Facts showing wherein the conditional use meets or fails to meet the requirements of CVMC Sections 19.14.080 through 19.14.100 Page 105 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 53 of the CVMC (Administrative Procedures, Conditional Uses and Variances: .080 = conditional use permit - prerequisites for grading, .090 = Conditional Use Permit – Public Hearing Procedure – Finding of Facts and .100 = Conditional Use Permit – Appeals Procedure Generally). Not later than 10-days following the adoption of said resolution, the City Clerk shall transmit a copy of the resolution and finding to the Development Services Director and shall mail a copy to the applicant. Any CUP or Zone Variance granted by the City as herein provided shall be utilized within one year after the effective date thereof. A Variance or CUP shall be deemed to be utilized if the property owner has substantially changed his/her position in reliance upon the grant thereof. Evidence of change of position would include completion of construction or any expenditures of money by the property owner preparatory to construction and shall also include the use of the property as granted. If there has been a lapse of work for the three months after commencement, the CUP or Zone Variance shall be void. The Commission may, by resolution, grant an extension of time contained in a currently valid Zone Variance or CUP without a public hearing upon appeal of the property owner, provided that there has been no material change or circumstances since the granting of the Variance or CUP which would be injurious to the neighborhood or otherwise detrimental to the public welfare. VII. EXCEPTIONS AND MODIFICATIONS A. Height Limitation Exceptions Height limitations stipulated in these regulations shall not apply to the following unless specifically stated: 1. Spires, belfries, cupolas and domes, monuments, flagpoles, masts, and aerials, or to parapet walls extending not more than four feet above the limiting height of the building; 2. Places of public assembly in permitted public and semi-public buildings, provided that these uses are located on the ground floor of such buildings, and provided further, that for each one-foot (1’) by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot (1’) over the side and rear yards required for the highest building otherwise permitted in the district; 3. Bulkheads, elevator, and stair penthouses, provided no lineal dimension of any such structure exceeds fifty percent of the corresponding street lot line frontage; or towers and monuments; provided however, that no such structures above the heights otherwise permitted in the district occupy more than 25% of the area of the lot and are no less than 25-feet from any lot line which is not a street lot-line. B. Projections Into Required Yard Permitted Certain architectural features may project into required yards or courts as follows: 1. Cornices, canopies, eaves, or other architectural features may project a distance not Page 106 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 54 exceeding four-feet (4’) into any front or rear yard and 40% into any side yard to a maximum of four-feet (4’). In the case of a side yard which is less than five-feet 5’), a two-foot (2’) projection is permitted, provided that such projection does not extend closer than one-foot (1’) to the property line; 2. Fire escapes may project a distance not exceeding four-feet, six-inches (4’-6”); 3. An uncovered stair and any necessary landings may project a distance not to exceed six-feet (6’), provided such stair and landing shall not extend above the first floor of the building except for a railing not exceeding three-feet (3’) in height; 4. An open, unenclosed stairway not covered by a roof or canopy may extend or project into a required rear or side yard not more than three-feet (3’). VIII. ENFORCEMENT A. Enforcement by City Officials The City Council, City Attorney, City Manager, City Engineer, Director of Public Works, Fire Chief, Chief of Police, Director of Building and Housing, Director of Parks and Recreation, Planning Director, City Clerk, and all officials charged with the issuance of licenses or permits shall enforce the provisions of this ordinance. Any permit, certificates or license issued in conflict with the provisions of this ordinance shall be void. B. Actions Deemed Nuisance Any building or structure erected hereafter, or any use of property contrary to the provisions of a duly approved Design Review, Site Plan, Variance, CUP, or Administrative Review and/or this ordinance shall be declared to be unlawful and a public nuisance per se and subject to abatement in accordance with local ordinance. C. Remedies All remedies concerning this ordinance shall be cumulative and non -exclusive. The conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, signs, or improvements, and shall not prevent the enforced correction or removal thereof. D. Penalties Any person, partnership, organization, firm, or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this ordinance or violating or failing to comply any order or regulation made hereunder, shall be guilty of an infraction and, upon conviction thereof, shall be punishable as provided by local ordinance. Page 107 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Attachment 9 2091/025068-0045 21015114.2 a09/18/24 RECORDING REQUESTED BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder’s Use) APNs ___________ and ____________ DEVELOPMENT AGREEMENT FOR OTAY RANCH TOWN CENTER MIXED- USE PROJECT THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into by and between the CITY OF CHULA VISTA, a chartered California municipal corporation (“City”) and General Growth Properties (GGP) Otay Ranch L.P. (“Owner”). City and Owner whenever referenced herein collectively shall be referred to as “Parties” and whenever referenced hereinafter individually may be referred to as “Party.” The Parties agree as follows: RECITALS A. City’s Authority to Enter into Development Agreement. City is authorized under California Government Code sections 65864 et seq. to enter into binding development agreements with persons having legal or equitable interests in real property for the purposes of, among other things, (i) providing certainty as to permitted land uses in the development of such property, and ii) ensuring the successful completion of the Freeway Commercial FC-1 South Portion, owned by GGP Otay Ranch L.P., a 78.29-acre portion of the 120-acre Freeway Commercial FC-1 Sectional Planning Area Plan. B. The Property: Owner’s Interest. Owner has a legal or equitable interest or both in the approximately 16.59-acre site more particularly described in Exhibit A and depicted in Exhibit B attached hereto (the “Property”). The Property is the subject of this Agreement and is located within Freeway Commercial FC-1, South Portion of the Freeway Commercial FC-1 Sectional Planning Area Plan. Owner intends that its successors in interest holding fee title to the Property benefit from and be bound by this Agreement, as more particularly described herein. The owner intends to develop, improve, build on, sell or lease the Property or portions thereof to various Builders (as hereinafter defined) who may acquire portions of the Property and the benefits and burdens under this Agreement. C. The Project. The Property is being planned as Mixed-Use development that is intended to provide, over one or more phases, up to 840 residential dwelling units at full build out, as shown on Exhibit B, while preserving existing retail space, including the demolition of existing Page 108 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda retail space and rebuilding of 37,200 square feet of retail (the “Project”). The Project will also include various passive and active recreational open space areas distributed throughout the residential areas to provide recreational opportunities within walking distance of the proposed residential uses. The Project is located north of Birch Road, east of State Route 125, and west of Eastlake Parkway. D. Project Approvals. On _______________ 2024, the City approved a General Plan Amendment (by Resolution No. 2024-0XX), an amendment to the Otay Ranch General Development Plan, an amendment to Freeway Commercial FC-1 Sectional Planning Area SPA”) Plan (by Resolution No. 2024- 0XX), a Development Agreement (by Ordinance No. 2024-XXX, Tentative Map No. 22-0002 (by Resolution No. 2024-0XX), a Rezone (by Ordinance No 2024-XXX), and other related entitlements for the Project. E. Compliance with CEQA. In connection with the City’s prior approval of the SPA Plan, the City certified a Final Environmental Impact Report for the Otay Ranch Freeway Commercial FC-1 Sectional Planning Area Plan Planning Area 12 (“FEIR”). Prior to the City’s adoption of the Existing Project Approvals (as hereinafter defined) described above, the City Council independently reviewed and approved a Fourth Addendum to the FEIR, which concluded the Project would not result in any new significant environmental effects beyond those previously analyzed under the FEIR, all in accordance with the provisions of the California Environmental Quality Act, California Public Resources Code section 21000, et seq. (“CEQA”). F. City and Owner Acknowledge. City and Owner acknowledge this Agreement will provide the following benefits: 1. Allow for the development of the Project in phases, as further described herein. 2. Community Purpose Facility (“CPF”) alternative compliance obligations in a future CPF Agreement consistent with the Project’s density range, as set forth in Section 4.7 of this Agreement. 3. Provide for timing of park acreage and in lieu park fees on a sliding scale consistent with the Project’s density range, as set forth in Section 4.8 of this Agreement. 4. Provide for a public benefit contribution to be paid to the City by Owner for each residential dwelling unit developed, as set forth in Section 4.13 of this Agreement. 5. Provide Owner with assurances regarding the Existing Project Approvals and regulations that will be applicable to the development of the Project consistent with the existing land use regulations and the Existing Project Approvals; and G. The Parties agree that the covenants, promises and other material requirements of this Agreement constitute adequate consideration that is fair, just, mutual, equitable and reasonable. Page 109 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -3- H. Planning Commission. On ________, 2024, City’s Planning Commission held a duly noticed public hearing on this Agreement and at the conclusion of the hearing recommended of the Project and this agreement. I. City Council Approval. On _________, 2024 the City Council held a duly noticed public hearing on this Agreement, at the conclusion of which the Council introduced and conducted the first reading of the ordinance _____________ the Agreement, and subsequently, on _____________, adopted Ordinance No. XXX _________ the Agreement. As part of its initial hearing, the City Council considered and approved the environmental documentation for this Agreement as being in compliance with the California Environmental Quality Act. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, City and Owner hereby agree as follows: ARTICLE 1 DEFINITIONS In this Agreement, unless the context otherwise requires, the following terms shall mean: Applicable Law” means laws, rules, regulations and official policies of City (including General Plan policies, Administrative codes, ordinances, resolutions and other local laws, regulations, and policies of City) in force and effect on the Effective Date. City Council” means the Chula Vista City Council. City Laws” means any new rules, laws, regulations, policies, ordinances, resolutions and standards adopted by the City after the Effective Date of this Agreement that can be applied to decisions on Future Project Approvals or amendments to Existing Project Approvals as provided for herein. Builder” means the entity, person or persons to whom Owner will sell, lease or convey or has sold, leased or conveyed the Property or portions thereof, for purposes of its improvement for residential, commercial, industrial or other uses. CEQA” means the California Environmental Quality Act, California Public Resources Code sections 21000, et seq and State CEQA Guidelines, Title 14 of the California Code of Regulations, section 15000 et seq. City” means the City of Chula Vista, in the State of California. City Manager” means the City Manager of the City or their designee. Permit Application” means an application that demonstrates a good faith attempt to provide the information required by the City’s Development Services Department including a Submittal Checklist, Grading Permit, or Building Permit, as the case may be, along with full payment of the applicable fees due at the time of such submission pursuant to the Tentative Tract Map Conditions of Approval and/or the City’s Master Fee Schedule. The City in its discretion Page 110 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda will determine when a Permit Application is complete pursuant to applicable Checklist requirements, including after review(s) by City Departments. Density per Acre” means the number of residential units per net acre of residentially zoned land that excludes any land area used for interior roads, easements, sidewalks, public parks or other areas open to the general public on such residentially zoned land. Development” means the construction, reconstruction, conversion, structural alteration, relocation, maintenance or enlargement of any structure; any mining, excavation, grading, landfill, or land disturbance; the construction of roadways, water and sewer infrastructure and other infrastructure improvements directly related to the Project whether located within or outside the Property; the installation of landscaping and other facilities and improvements necessary or appropriate for the Project; and any use or extension of the use of land. Development Impact Fee” or “DIF” means assessment, fee, charge or dedication imposed upon development within the City pursuant to a Development Impact Fee Program or equivalent program, adopted in accordance with the requirements of State law. Effective Date” means the first date on which all of the following are true: (a) the Owner has signed the Agreement and returned the signed Agreement to the City; (b) the City Council has adopted Ordinance No.-------, approving the Agreement, said ordinance has become effective and the statute of limitations for a timely challenge to said ordinance has expired or any timely challenge or suit to such ordinance has been resolved to the satisfaction of the City and Owner; and (c) the City has executed the Agreement. Existing Project Approvals” means the entitlements for the Project described in Recitals above, and in particular the following: (i) amendment to the General Plan, (ii) amendment to the Otay Ranch General Development Plan (iii) an amendment to Freeway Commercial FC-1, South portion, SPA, (iv) the rezone of the Property, (v) Tentative Map No. 22-0002, (vi) all associated documents that have been attached and made a part thereof, such as the PFFP, defined below, and (vii) the Fourth Addendum to the FEIR, all as may be amended from time to time consistent with this Agreement. Such Existing Project Approvals address, among other items, the maximum height and size of all Project structures or buildings. Final Map(s)” means any final subdivision map for all or any portion of the Property upon which the Project is located. The City and Owner acknowledge that, in order to facilitate development of the Project, the Final Map(s) may need slight modifications to the numbered and lettered lot boundaries depicted on the Tentative Tract Map, provided that the total development footprint for the Project shall not change. The City and Owner further acknowledge that Private Street A may need to shift north or south to facilitate Project development. Should that occur, the northern termination of Vista Miguel Road and Agua Verde Avenue shown on the Tentative Tract Map may also shift north or south. Should the Final Map include any modifications to these identified streets, it must still provide for a private road connecting Vista Miguel Avenue to Agua Verde Avenue and the new extension of Towne Center Drive. Any modifications to the Final Map(s) shall substantially comply and conform with the Tentative Tract Map, as well as must meet and comply with the applicable conditions and requirements of the Subdivision Map Act CA Government Code sections 66410-66499.37), and City ordinances and regulation in effect Page 111 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -5- when the Tentative Tract Map was approved. Further, no provisions or term of this Agreement shall prevent the City from requiring or imposing an improvement agreement or improvement security for the Final Map(s) as allowed or permitted by the Subdivision Map Act. Future Project Approvals” means all discretionary and ministerial permits and approvals requested by the Owner and approved by the City after the Effective Date of this Agreement, including, but not limited to: (i) grading permits; (ii) site plan reviews; (iii) design guidelines review; (iv) subdivisions of the Property, or re-subdivisions of the Property; (v) conditional use permits; (vi) variances; (vii) encroachment permits; (viii) rezoning’s; and (ix) all other reviews, permits, and approvals of any type which may be required from time to time to authorize public or private on- or off-site development which is a part of the Project. Legal Description” mean the legal description of the Property shown in Exhibit A. Multi-Family Unit” means an attached residential unit that may be a for-sale or for-rent residential housing product. Owner” means the person, persons, or entity having a fee interest in the Property, or parts thereof, and includes Owner’s successors-in-interest and “Builder” as defined herein. Park Benefit Fee” means the Parkland Acquisition and Development (“PAD”) Fees, at the rate in effect at the time of building permit issuance. Park Improvements” means the improvements per the City’s approved park construction documents. Park Lot” means the lettered lots (Lots E, F, G and H) designated for future park acreage consistent with this document and Tentative Map No. TM22-0002. Park Master Plan” means the Master Plan as defined in the City of Chula Vista Landscape Manual. Parkland usable acres” means an area of parkland excluding slopes greater than 4:1 gradient. PFFP” means the Public Facilities Financing Plan for the Project, adopted as a part of the Project. Phase 1 Residential Development” means, subject to Section 3.10.1 of this Agreement below, the first phase of development of the Project that permits the construction of residential dwelling units, and that, if undertaken, would result in the construction of no less than 100 residential dwelling units, at a minimum density of 20 units per acre. As depicted on Exhibit B, such Phase 1 Residential Development is initially intended to be located on Lots 3, 4, 6, 9 and a portion of Private Street A and Agua Verde Avenue, albeit the exact lots and lot lines may be adjusted on the Final Map if consistent with or permitted by the Subdivision Map Act. The Phase 1 Residential Development shall also include the extension of Town Center Drive, along with the construction of two north-south private roads (all as indicated on the Tentative Tract Map with configuration and exact location subject to minor modifications while providing for the Page 112 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda same circulation). The Phase 1 Residential Development shall require design review and/or a Tentative Tract Map, which the City agrees to simultaneously review and process at the same time it processes the Final Map for such phase, in order to avoid any undue delay in the processing thereof or the development of such phase. Further, Owner shall submit to the City a complete and accurate Permit Application(s) for a grading permit(s) for the entire Phase 1 Residential Development, receive grading permits from the City, and begin grading for the Phase 1 Residential Development, within the time of the Initial Term of this Agreement identified in Section 2.1 of this Agreement below, or the failure for Owner to do so is subject to Section 3.10.1 of this Agreement below. Further, no later than the end of the time or term of the First Extension identified and discussed in Section 2.2 of this Agreement below, all Permit Applications for building permits for all Phase 1 Residential Development shall be submitted by Owner to the City, and the City shall have issued all such building permits, or failure to do so is subject to Section 3.10.1 of this Agreement below. Further, no later than the end of the time or term of the Second Extension identified and discussed in Section 2.2 of this Agreement below, subject to extension for force majeure, Owner shall have completed vertical construction and obtained issuance of Certificates of Occupancy by the City for the entire Phase 1 Residential Development, or failure to do so is subject to the provisions contained in the last three (3) sentences of Section 3.10.1 of this Agreement below. Phase 2 Residential Development” means, subject to Section 3.10.2 of this Agreement below, the second phase of development of the Project that permits the construction of residential dwelling units, and that, if undertaken, together with the Phase 1 Residential Development would collectively result in the cumulative construction of no less than 435 residential dwelling units. In the event the Phase 1 Residential Development includes only 100 units residential dwelling units, then the Phase 2 Residential Development shall have a minimum density of 80 units per acre. In the event the Phase 1 Residential Development includes more than 100 residential dwelling units, then the Phase 2 Residential Development shall have no minimum density requirement, so long as the full build out of the Phase 2 Residential Development collectively results in at least 435 total residential dwelling units between the Phase 1 Residential Development and the Phase 2 Residential Development. As depicted on Exhibit B, such Phase 2 Residential Development is initially intended to be located on Lots 1, 2, 5, H and portion of Private Street A and Vista Miguel Road, provided that the exact lots and lot lines may be adjusted on the Final Map if consistent with or permitted by the Subdivision Map Act. The Phase 2 Residential Development shall require design review and/or a Tentative Tract Map, which the City agrees to simultaneously review and process at the same time it processes the Final Map for such phase, in order to avoid any undue delay in the processing thereof or the development of such phase. Further, Owner shall submit to the City a complete and accurate Permit Application(s) for a grading permit(s) for the entire Phase 2 Residential Development, and obtain all grading permits to be issued by the City for all Phase 2 Residential development within the time of First Extension Term identified in Section 2.2 of this Agreement below, or the failure for Owner to do so is subject to Section 3.10.2 of this Agreement below. Further, no later than the end of the time or term of the Second Extension identified and discussed in Section 2.2 of this Agreement below, all Permit Applications for building permits for all Phase 2 Residential Development shall be submitted by Owner to the City, the City shall have issued all such building permits, and vertical construction for the Phase 2 Residential Page 113 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -7- Development shall have started or failure to do so is subject to Section 3.10.2 of this Agreement below. Phase 3 Residential Development” means, subject to Section 3.10.3 of this Agreement below, the third phase of development of the Project that permits the construction of residential dwelling units, and that, if undertaken, together with the Phase 1 Residential Development and the Phase 2 Residential Development, would collectively result in the cumulative construction of 840 residential dwelling units. In the event the first two phases together only include 435 residential dwelling units, the Phase 3 Residential Development shall have a minimum density of 80 units per acre. In the event the Phase 1 Residential Development and Phase 2 Residential Development phases together include more than 435 residential dwelling units, then the Phase 3 Residential Development shall have no minimum density requirement, so long as full build out collectively results in a total of 840 units between the three phases. As depicted on Exhibit B, such Phase 3 Residential Development generally is initially intended to be located on Lots 7 and 8. The complete Permit Application for grading and building permits for the entire Phase 3 Residential Development must be submitted to the City by Owner, and any required design review and/or a Tentative Tract Map approvals, which the City agrees to simultaneously review and process at the same time it processes the Final Map for such phase, must be issued, and all grading permits and building permits for the entire Phase 3 Residential Development must also be issued by the City within the time of the Second Extension discussed in Section 2.2 of this Agreement below, unless such time for submittal is extended at the discretion of the City Council or Lots 7 and 8 shall revert to Freeway Commercial (“FC”) zone as discussed in Section 3.10.3 of this Agreement below, in addition to other applicable remedies or results discussed in this Agreement. Planning Commission” means the Planning Commission of the City of Chula Vista. Project” means the Development of the approximately 16.59-acre Property in one or more phases and all related private and public improvements on and off the Property as provided for in the Existing Project Approvals and as may be authorized by the City in Future Project Approvals. Project Improvements and Infrastructure” means private improvements and facilities located on and off the Property) constructed to serve the Project as described in the Existing Project Approvals or as may be imposed, pursuant to the terms of this Agreement, as part of Future Project Approvals. Property” means the approximately 16.59-acre real property depicted on Exhibit “B.” The Property is located within the approximately 73.28 acre Otay Ranch Town Center mall Mall Property”). Public Benefit Contribution” means a per unit fee payable to the City for each residential unit constructed for the project. Tentative Tract Map” means the Tentative Tract Map for the Project as shown on Exhibit C. Term” of this Agreement means the period defined in Article 2, below. Page 114 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda ARTICLE 2 TERM 2.1 Term. This Agreement shall become effective as to the Property upon the Effective Date and shall continue for seven (7) years (“Initial Term”) thereafter. In the event of litigation challenging this Agreement or the Project, the Initial Term is automatically suspended for the duration of such litigation and resumes upon final disposition of such challenge and any appeal thereof upholding the validity of this Agreement or the Project. In the event that a referendum petition concerning this Agreement, the Existing Project Approvals, or Project is duly filed in such a manner that the ordinance approving this Agreement, the Existing Project Approvals, or the Project is suspended, then the Initial Term is deemed to commence upon City Council’s certification of the results of the referendum election affirming this Agreement, the Existing Project Approvals, or the Project as the case may be. 2.2 Extension. The Term shall be extended for any period of time during which processing of a complete Permit Application or Project application is suspended for any reason, other than due to the actions or the default of the Owner, including the Owner’s failure to timely submit to the City or other applicable government agencies or jurisdictions complete applications or materials relating to any Project development approvals or permits, and for such period of time equal to the period of time during which any action by the City or court action limits the processing of such Project applications, Future Project Approvals, issuance of building permits or any other development of the Property consistent with this Agreement. The City will process all complete applications for the Project, Future Project Approvals or issuance of building permits to Owner consistent with applicable laws, including the Permit Streamlining Act (California Government Code section 65920 et seq.). Upon Owner’s submission to the City during the Initial Term of a complete Permit Application, design review application, and/or final map (with payment of all applicable fees) for the entire Phase 1 Residential Development, and upon the commencement of grading for the Phase 1 Residential Development during the Initial Term, the Initial Term of the Agreement shall be extended and such extension shall be confirmed by written acknowledgement signed by both Parties until the date that is five (5) years (“First Extension”) from the date of the end of the Initial Term. Upon Owner’s submission to the City during the First Extension of a complete Permit Application for the entire Phase 2 Residential Development, and upon the commencement of grading of the Phase 2 Residential Development during the First Extension, this Agreement shall be extended and such extension shall be confirmed by written acknowledgement signed by both Parties for three (3) additional years (“Second Extension”) from the date of the last day in the First Extension. The term of this Agreement (the “Term”) shall mean the Initial Term plus, if applicable, the First Extension and the Second Extension, subject to any additional time added as agreed to in writing by the City for any written suspension of processing of complete applications for the Project, Future Project Approvals or issuance of building permits to Owner not caused or resulting from the actions, or the inactions, of the Owner. Notwithstanding any other provision of Article I (Definitions) or Section 2.2 of this Agreement, before the end of the Second Extension Term of this Agreement, or before fifteen 15) years after the Effective Date of the Agreement, subject to any additional time added to the Agreement as agreed to in writing by the City, Owner shall have obtained from the City 1) approval or issuance any and all required design review and/or a Tentative Tract Map and Final Map approvals for the entire Project Phases 1, 2 and 3 Residential Developments, (2) approval or Page 115 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -9- issuance any and all required grading and building permits for the entire Project Phases 1, 2 and 3 Residential Developments, (3) completion of construction and issuance of Certificates of Occupancy by the City for the entire Phase 1 Residential Development, and (4) the start of vertical construction for the entire Phase 2 Residential Development, or the failure for Owner to do so is subject to Section 3.10 of this Agreement below 2.3 Covenants Running with the Land. As of the Effective Date, the terms and provisions of this Agreement are enforceable by the parties as equitable servitudes affecting the Property, constituting covenants running with the land pursuant to California law including, without limitation, Civil Code § 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Property, runs with the Property, and is binding upon Owner and the successors and assigns of Owner during their respective ownership of the Property. 2.4 Execution and Recordation. The City shall promptly execute this Agreement within thirty (30) days following City Council approval. The City may execute the Agreement in counterparts as set forth in Section 15.5 herein. Within 10 days after the Agreement has been executed by the City, the City Clerk shall notify the Owner of such execution and provide Owner the Agreement for recordation. The Owner shall cause the recordation of such Agreement against the Property (and no other portion of the Mall Property) and provide the City with a confirmed copy within ten (10) business days following its recordation. Notwithstanding anything to the contrary contained herein, nothing in this Agreement shall bind any portion of the Mall Property other than the Property. The Parties recognize and acknowledge that the precise boundaries of the Property may differ slightly from that described in Exhibit A and depicted in Exhibit B, and agree to cooperate with each other to update such exhibits upon recordation of the final map(s) that will create the legal parcels comprising the Property to replace the initial exhibits with updated exhibits that include references to the new lot numbers in place of the metes and bounds description. The Parties further agree that any such update to clarify the precise boundaries of the Property shall be treated as a Minor Modification, provided the subject final map substantially conforms with the subject tentative map as required by the Subdivision Map Act. ARTICLE 3 VESTED RIGHTS 3.1 Vested Rights. Subject to Sections 2.2 and 3.10 of this Agreement, Owner is vested with the right to develop and maintain the Property to the land uses, densities and intensities of use, and the reservations and dedication of land for public purposes as provided in the Existing Project Approvals, as such approvals may be amended from time to time, and subject to Applicable Laws and as further provided in Section 3.3.1 below. If Future Project Approvals are obtained by Owner, they shall be vested to the same extent as the Existing Project Approvals. 3.2 Maximum Height and Size of Structures. The maximum height of seventy five 75) feet and size of structures to be constructed on the Project will be governed by the Existing Project Approvals. 3.3 Applicable Law. As provided by this Agreement, the rules, regulations and official policies (including General Plan policies, Administrative codes, ordinances, resolutions and other local laws, regulations and policies of City) governing the permitted uses, the density and intensity Page 116 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda of use, the design, improvement and construction standards and specifications of any improvements and the mitigation of impacts of the Project (except as identified and discussed at Sections 3.5 and 9.3 of this Agreement below), shall be those in full force and effect on the Effective Date (“Applicable Law”). Applicable Law includes the Existing Project Approvals, as they may be issued or amended from time to time, in a manner consistent with both the terms and provisions of this Agreement. The City shall retain its discretionary authority as to amendments to Existing Project Approvals and to Future Project Approvals, provided however, such decisions shall be regulated by the Applicable Laws and as further provided in Section 3.3.1 below. 3.3.1 Amendments. Subject to Sections 3.5 and 9.3 of this Agreement below, by way of example, amendments that would hinder, impede or cause an unreasonable delay or increase in cost of the Project as authorized by the Existing Project Approvals and therefore would be considered in conflict with the Applicable Laws include amendments that would: i) Prevent all or a portion of the Project or the Property from being developed, used, operated or maintained in accordance with the terms and provisions of this Agreement, Existing Project Approvals, or Applicable Laws; ii) Limit or reduce the overall density, intensity or unit count of the Project, or any part thereof, to a density, intensity or unit count that is lower than that specified in this Agreement, Existing Project Approvals or Applicable Laws; iii) Modify any land use designation or conditional use of the Property in a manner inconsistent with this Agreement, Existing Project Approvals, or Applicable Laws; iv) Limit or control the rate, timing, phasing or sequencing of the approval, development, construction or occupancy of all or any portion of the Project or Property except as specifically permitted by this Agreement; v) Subject to Sections 3.5 and 9.3 of this Agreement below, impose any condition, dedication or exaction that would conflict with this Agreement, Existing Project Approvals, or Applicable Laws; vi) Require the issuance of discretionary permits or nondiscretionary permits, to the extent such permits impose new or different substantive requirements on Owner or the Project that are not otherwise required by Applicable Laws, Existing Project Approvals, or this Agreement; vii) Apply to the Project any provision, condition or restriction that would be inconsistent with this Agreement, Existing Project Approvals, or Applicable Law; viii) Apply to the Project any rent control or price control provisions or tenant protections or uniform or prevailing wage requirements except to the extent required under state law, unless otherwise permitted by this Agreement; ix) Limit or control the location of buildings, structures, grading, or other improvements of the Project or the Property in a manner that is inconsistent with or more Page 117 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -11- restrictive than the limitations included in this Agreement, Existing Project Approvals, or Applicable Laws; x) Limit or control the availability of public utilities, services or facilities or any privileges or rights to public utilities, services or facilities in a manner other than as specifically set forth in this Agreement or Applicable Law (for example, water rights, water connections or wastewater treatment capacity rights, sewer connections, etc., if under the control or jurisdiction of the City) for the Project or the Property; xi) Apply to the Project or the Property any City Law allowed by this Agreement that is not uniformly applied on a City-wide basis to other development projects and properties; xii) (except as identified and discussed at Sections 3.5 and 9.3 of this Agreement below), establish, enact, increase, or impose against the Project any fees, Development Impact Fees, assessments, liens or other monetary obligations other than (i) those specifically permitted by this Agreement, and (ii) City-wide taxes and assessments (provided such City-wide taxes or assessments are not disproportionately applied to the Property); or xiii) Limit the processing or issuance of amendments to Existing Project Approvals or Future Project Approvals other than as specifically set forth in this Agreement or Applicable Law. 3.4 Development Impact Fees. All Project Development Impact Fees will be paid prior to final inspection of any building permits for the Project unless otherwise noted in this Agreement. Development Impact Fees and permit application amounts will be based on the rate set forth in the City’s Master Fee Schedule at the time the fees are paid for any building permit in each Phased Residential Development. Owner understands that the fees set forth in the Master Fee Schedule are subject to annual increases every October 1st. 3.5 Reserved Authority. The City may apply changes in City Laws, regulations, ordinances, standards or policies specifically mandated by changes in state or federal law in compliance with Article 10 herein. This provision shall not affect any mitigation measures required of Owner under the environmental document certified for the Project. 3.6 Owner’s Option to Apply New Rules. Owner may elect, with the City Manager’s consent, to have applied to the Project any rules, regulations, policies, ordinances, or standards enacted after the Effective Date of this Agreement. The City Manager shall not unreasonably withhold said consent. 3.7 Modifications to Existing Project Approvals. It is contemplated by the Parties to this Agreement that the Owner may seek modifications to the Existing Project Approvals from time to time. These modifications are contemplated as within the scope of this Agreement and shall, if approved by the City, be incorporated into and constitute for all purposes an Existing Project Approval. Owner and City agree that any such modifications to Existing Project Approvals will not constitute an amendment to this Agreement nor require an amendment to the Agreement. The City shall process and act on such applications in accordance with the applicable provisions of the Applicable Law. Page 118 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3.8 Moratorium and other Limitations. Subject to Sections 3.9, 9.3 and 10.1 of this Agreement below, this Project is exempt from any moratorium or other limitation (whether relating to the rate, timing, phasing or sequencing of development) affecting subdivision maps, building permits, certificates of occupancy or other land use entitlements that are approved or to be approved, issued or granted within the City. To the maximum extent permitted by law, City must prevent any City Law from invalidating or prevailing over all or any part of this Agreement, and City must cooperate with Owner and undertake such actions as needed to ensure this Agreement remains in full force and effect. If City applies to the Project a City Law that Owner believes to conflict with Applicable Laws or this Agreement, Owner may take such action as may be permitted under Section 12.16 and Article 8 herein. Except as allowed under this Agreement, City must not support, adopt or enact any City Law, or take any other action, which would violate the express provisions of this Agreement or the Existing Project Approvals. Owner may also challenge in court any City Law that would conflict with Applicable Laws or this Agreement or reduce the development rights provided by this Agreement, in accordance with the dispute resolution provisions of Section 12.19 below. 3.9 State and Federal Law. As provided in Government Code § 65869.5, in the event that state or federal laws or regulations, enacted after the Effective Date (“Changes in the Law”) prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement will be, by operation of law, modified or suspended, or performance thereof delayed, as and to the extent that may be necessary to comply with such Changes in the Law. 3.10 Time for Construction and Completion of Project. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the intention of the City and Owner to cure that deficiency by specifically acknowledging that timing and phasing of development is completely and exclusively governed by the Existing Project Approvals, except as set forth herein. Notwithstanding anything to the contrary contained herein: 3.10.1 In the event Owner does not submit a complete grading Permit Application to the City, receive design review and/or a Tentative Tract Map approvals from the City, obtain Final Map approval, obtain grading permits, and begin grading, all as for or related to the entire Phase 1 Residential Development during the Initial Term, subject to extension for force majeure (defined in Section 12.11 of this Agreement below), this Agreement shall immediately and automatically terminate, unless extended at the discretion of the City Council, and the City shall have the right to initiate a rezoning action to revert the zoning of Lots 1, 2, 3, 4, 5, 6, and 9 to Freeway Commercial (“FC”) zoning. Further, no later than the end of the time or term of the First Extension identified and discussed in Section 2.2 of this Agreement above, all Permit Applications for building permits for all Phase I Residential Development shall be submitted by Owner to the City, and the City shall have issued all such building permits, or this Agreement shall immediately and automatically terminate, unless extended at the discretion of the City Council, and the City shall have the right to initiate a rezoning action to revert the zoning of Lots 1, 2, 3, 4, 5, 6, and 9 to FC zoning. Further, no later than the end of the time or term of the Second Extension identified and discussed in Section 2.2 of this Agreement above, subject to extension for force majeure, Owner shall have completed vertical construction and obtained issuance of Certificates of Occupancy by the City for the entire Phase 1 Residential Development, or the City shall have Page 119 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -13- the right to initiate a rezoning action to revert the zoning of Lots 7 and 8 to FC zoning. Owner hereby consents to such rezoning and waives any right and ability to contest such rezoning. The construction of the Phase 1 Residential Development will include the extension of Town Center Drive (as indicated on the Tentative Tract Map). 3.10.2 In the event Owner does not submit a complete grading Permit Application to the City, receive design review and/or a Tentative Tract Map approvals from the City, obtain Final Map approval, and obtain grading permits, all as for or related to the entire Phase 2 Residential Development within the term of the First Extension Term, subject to extension for force majeure (defined in Section 12.11 of this Agreement below), this Agreement shall immediately and automatically terminate, unless extended at the discretion of the City Council, and the City shall have the right to initiate a rezoning action to revert the zoning of Lots 1, 2, and 5 to FC zoning. Further, no later than the end of the time or term of the Second Extension identified and discussed in Section 2.2 of this Agreement above, all Permit Applications for building permits for all Phase 2 Residential Development shall be submitted by Owner to the City, the City shall have issued all such building permits, and vertical construction for the Phase 2 Residential Development shall have started, or the City shall have the right to initiate a rezoning action to revert the zoning of Lots 1, 2, and 5 to FC zoning. Owner hereby consents to such rezoning and waives any right and ability to contest such rezoning. 3.10.3 In the event Owner has not, before the end of the Second Extension Term of this Agreement, or before fifteen (15) years after the Effective Date of the Agreement, subject to extension for force majeure (defined in Section 12.11 of this Agreement below) and any additional time added to the Agreement as agreed to in writing by the City, obtained from the City 1) approval or issuance any and all required design review and/or a Tentative Tract Map and Final Map approvals for the entire Project Phases 1, 2 and 3 Residential Developments, (2) approval or issuance any and all required grading and building permits for the entire Project Phases 1, and 2 and 3 Residential Developments, and (3) completion of construction and issuance of Certificates of Occupancy by the City for the entire Phase 1 Residential Development, and (4) the start of vertical construction for the entire Phase 2 Residential Development, this Agreement shall immediately and automatically terminate and the City shall have the right to initiate a rezoning action to revert the zoning of Lots 7 and 8 to FC zoning. Owner hereby consents to such rezoning and waives any right and ability to contest such rezoning. ARTICLE 4 PROCESSING PROJECT 4.1 Processing of Future Project Approvals. City will accept for processing development applications and requests for Future Project Approvals, or other entitlements with respect to the development and use of the Property and will consider such matters in accordance with the appropriate process set forth in the Applicable Laws. The City will diligently work towards the timely issuance of such entitlements, including grading plans, improvement plans, and other plans or permits, as needed to issue building permits. City shall retain its discretionary authority to act on Future Project Approvals and apply City Laws to such matters, provided the City Laws do not conflict with Applicable Laws or the rights provided by this Agreement. In addition, the City may also apply changes in City Laws, regulations, ordinances, standards or Page 120 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda policies specifically mandated by changes in state or federal law in compliance with Article 10 herein. 4.2 Length of Validity of Tentative Subdivision Maps. Government Code section 66452.6 provides that tentative subdivision map(s) may remain valid for a length up to the term of a Development Agreement. The City agrees that all tentative subdivision maps (vesting or otherwise) for the Project, shall be for a term coterminous with the length of this Agreement. 4.3 Pre-Final Map Development. If Owner desires to do certain work on the Property for example, grading) after approval of a tentative map, but prior to the recordation of a final map, it may do so by obtaining a grading permit and/or other required approvals from the City prior to recordation of a final map. The permit or approval may be approved or denied by the City in accordance with the requirements of the Applicable Laws and other City regulations or policies as may be applicable; provided the Owner is in compliance with this Agreement and with the terms of all Existing Project Approvals and Future Project Approvals. In addition, the Owner shall be required to post a bond or other reasonably adequate security required by City in an amount reasonably determined by the City to assure the rehabilitation of the land if the applicable final map does not record. 4.4 Transfer of Rights and Obligations of Development. Whenever Owner conveys a portion of the Property, the rights and obligations of this Agreement shall transfer in accordance with Article 5 herein. 4.5 Cooperation with respect to Project Improvements and Infrastructure. The Parties shall reasonably cooperate with each other to take all actions necessary and appropriate to facilitate the timely development of Project Improvements and Infrastructure. 4.6 City’s Acceptance of Dedications. Owner offers of dedication required by this Agreement or the Existing Project Approvals must be accepted by City within a reasonable time, provided that the applicable improvements are completed consistent with Applicable Law. 4.7 Community Purpose Facilities. Owner is required to provide land for community purpose facilities (“CPF”) based upon a ratio of 1.39 acres per 1,000 residents in accordance with Section 19.48.025 of the City’s Municipal Code. For example, for 435 units, Owner would be required to provide approximately 1.56 acres at full build out. For the maximum density of 840 multifamily residential units, Owner would be required to provide approximately 3.01 acres at full build out. If built in phases the CPF requirement shall be proportional to the number of units built. A population factor of 2.58 residents per unit applies to this calculation. The Owner shall enter into a CPF agreement with the City prior to recordation of the first Final Map for the Project which could include one or both of the following method of alternative compliance to Chula Vista Municipal Code (“CVMC”) Chapter 19.48.025: i) Provide excess of 10% affordable residential units based on the number of units built in the Project. ii) Provide indoor community space on the Mall Property at a ratio of 7,800 square feet of affordable CPF space per 1 acre of required community purpose facility Page 121 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -15- obligation. The affordable CPF space would be provided an allowance for tenant improvements that would result in a rent free space on the Mall Property. This conversion is based on Floor Area Ratio (“FAR”) conversion using the below methodology: The existing center has approximately 670,000 square feet of commercial development. The Mall Property is 78.29 acres which equates to a FAR of 0.196. Applying this methodology equates to the below proposed indoor affordable CPF space square footage: 435 units 1.56 acres 0.196 13,319 sf 840 units 3.01 acres 0.196 25,699 sf Uses for this space would include but not be limited to services outlined in CVMC Chapter 19.48.025, or other uses as approved by the Director of Development Services, or their designee. 4.8 Parkland Obligations. Owner is required to comply with the City’s Parklands and Public Facilities Ordinance, Chula Vista Municipal Code (“CVMC”) Chapter 17.10 (“PLDO”), as amended, in effect at the time of issuance of any building permit for the Project. The PLDO requires new residential development projects to provide land and improvements for parks and recreational facilities, allows for a credit against the payment of in-lieu fees or dedication of land if the developer provides the park and recreational improvements, and permits the City to require a combination of dedication and payment of in-lieu fees if the City determines that the combination would better serve the public. The Project is required to provide up to 6.57 usable acres of developed parkland if the construction reaches the maximum density of 840 multi-family residential units, based upon the persons per household factor established by the PLDO of 2.61 persons per attached multi-family dwelling unit and 3.0 usable acres of park per 1,000 residents. If built in phases, the amount of parkland provided in each phase shall be proportional to the units built as indicated in the below chart. The City, by entering into this Agreement, finds that, due to the unique, urban, high-density nature of the Project and its proximity within the Otay Ranch Town Center mall, Owner cannot provide suitable land to satisfy the entire 6.57 usable acre parkland requirement solely through the dedication and improvement of parkland. The City further finds that, as a result of the urban, high- density nature of the Project, the public interest and the park and recreation needs of the Project’s future residents would be better served through a combination of parkland acreage, parkland development improvements, and in-lieu fees. The parkland obligation for the first 350 units developed as part of the Project shall be satisfied via the provision of on-site privately maintained parkland, which shall be open to the public, at a rate of 0.80 usable acres of parkland for every 100 residential units, as outlined in Column D of the below table. After construction of the 350th residential unit, the remaining parkland obligation of up to 4.01 usable acres will be satisfied via payment of in-lieu park benefit fees. The park benefit fee amount is equal to the Parkland Acquisition and Parkland Development Page 122 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda fees at the time of building permit issuance for any building permit for the Project. Park Lots E and F shall not be provided park development credit for existing park amenities and shall be required to pay the in-lieu development fees. Upon the Building Permit triggers listed below, Owner must have submitted a formal submission package for the design for the required usable parkland acreage for the applicable Project phase to the City of Chula Vista: Owner shall use the City’s customary procedures to design and obtain the City’s reasonable approval for the design of the Parks listed above. The Parks shall be designed consistent with the applicable requirements of an approved Park Master Plan, the City’s Landscape Manual and the City’s Parks and Recreation Master Plan. The Project’s Park Master Plan once completed, shall be presented to the Parks & Recreation Commission and must be approved by City Council. Each identified Park Lot may have a Master Plan or all identified Park Lots may be included in one Master Plan. 4.9 Park Budget. The construction costs established at the time the Park Lot construction documents are approved by the City and shall reflect the requirement established by the parkland development component of the PLDO at the time it is due. The Owner or its successor shall submit for City review and obtain City approval of the Park Lot construction budget for each Park Lot prior to construction commencement. 4.10 Park Maintenance Establishment Period. The period of time between Completion of Construction and the City’s final approval of the completed Park Lot, as identified in the above table, in which the contractor is responsible for maintaining the Park Lot to ensure that the plant material is fully established before its opened for public use, and that other park improvements such as irrigation systems, electrical systems, and park equipment or facilities that are fully operational and functional. The duration of this period and maintenance operations will be specified in the contract documents for each Park Lot, subject to reasonable adjustments as determined by the City's Director of Development Services, or their designee, in their sole discretion. 4.11 Documentation of Costs for Park Lots. Owner shall, within sixty (60) days of Completion of Construction of the Park Lot, provide City, for its review and approval, all documentation City reasonably requires to evidence the completion and costs of the Park Lot. Developer shall, within sixty (60) days of completion of the Maintenance Establishment Period, provide the City, for its review and approval, all documentation City reasonably requires to evidence the satisfactory completion of the Maintenance Establishment Period. A B C D Building Permit Trigger Lettered Park Lot per Tentative Map Lot Acreage Parkland Usable Acres 100th residential unit Lot H 0.76 0.76 150th residential unit Lot G 0.38 0.38 262nd residential unit Lot F 0.87 0.70* 350th residential unit Lot E 0.72 0.72 TOTAL 2.73 2.56 Slopes areas within the park boundaries greater than 4:1 are ineligible for park credit. Page 123 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -17- 4.12 Security for Park Lot construction. Upon the commencement of construction of any Park Lot, the Owner shall post security, including one or more bonds in accordance with the CVMC, for the construction of the Park Lot. City may use that security to complete construction of such Park Lot should Owner fail to meet its obligations to do so. City may reduce and release the securities pursuant to City's customary procedures and schedules pro rata upon completion of the park lot. Bond shall be based on the accepted Bid amount for construction of the Park Lot and shall be in place prior to commencement of construction of the Park Lot. 4.13 Public Benefit Contribution. Owner shall pay the City $5,000 per residential dwelling unit developed pursuant to this Agreement as a public benefit contribution. Said amount shall be paid no later than the time of final inspection by the City for such residential dwelling units. In addition to other available remedies to the City in this Agreement, failure by Owner to timely pay the Public Benefit Contribution shall result in the City immediately and indefinitely suspending and withholding the processing of any Project application, the inspection or review of any Project permit, and the issuance of any certificate of occupancy relating to the Project. ARTICLE 5 PARTIAL TERMINATION 5.1 Termination of Agreement with Respect to Lots to Public. The provisions of Article 5 shall not apply to the sale, or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user who intends to occupy the parcel. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any such lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon the sale of such lot as set forth in the immediately preceding sentence. 5.2 Partial Termination. The Owner has the right to request that the City approve a partial termination of this Agreement, to release a portion(s) of the Property from the Agreement’s obligations and benefits. A partial termination shall be approved by the City if Owner demonstrates to City that the portion(s) of the Property to be released from the Agreement’s obligations is/are not needed to satisfy any of the obligations established in this Agreement. If City makes such a determination, such released property shall not be subject to any of the obligations created in this Agreement, and, similarly, shall not receive any of the benefits granted in this Agreement. 5.3 Releases. City agrees that upon written request of Owner and provided that all payments and the requirements and conditions required by this Agreement and the Existing Project Approvals and any applicable Future Project Approvals have been fully performed and satisfied in the City’s determination, with respect to the Released Property (defined below) City may execute and deliver to Owner appropriate release(s) of obligations imposed by this Agreement in a form (attached to this Agreement as Exhibit D) and substance acceptable to the City and the County Recorder and title insurance company, if any, or as may otherwise be necessary to effect the release of a portion of the Property (“Released Property”) to an individual home buyer or parcel of property that has been built out and sold to an ultimate consumer. City Manager shall not unreasonably withhold approval of such release(s). Page 124 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda ARTICLE 6 ANNUAL REVIEW 6.1 City and Owner Responsibilities. The City will, at least every twelve (12) months during the Term of this Agreement, pursuant to California Government Code section 65865.1, review the extent of good faith substantial compliance by Owner with the terms of this Agreement. Pursuant to California Government Code section 65865.1, as amended, Owner shall have the duty to demonstrate by substantial evidence its good faith compliance with the terms of this Agreement at the periodic review. Either City or Owner may address any requirement of the Agreement during the review. 6.2 Review Letter. If Owner is found to be in compliance with this Agreement after the annual review, City shall, within forty-five (45) days after Owner’s written request, issue a review letter in recordable form to Owner (“Letter”) stating that based upon information known or made known to the City Council, the City Planning Commission and/or the City Manager, this Agreement remains in effect and Owner is not in default. The owner may record the Letter in the Official Records of the City of San Diego. 6.3 Failure of Periodic Review. City’s failure to review at least annually Owner’s compliance with the terms and conditions of this Agreement shall not constitute, or be asserted by City or Owner as, a default by Owner or City with respect to the Agreement, or prevent the City from raising at any time any issue about Owner’s compliance with the Agreement. ARTICLE 7 ENCUMBRANCES AND RELEASES ON PROPERTY 7.1 Discretion to Encumber. This Agreement shall not prevent or limit Owner in any manner at Owner’s sole discretion, from encumbering the Property, or any portion of the Property, or any improvement on the Property, including, without limitation, by any mortgage, deed of trust, or other security device securing financing with respect to all or any portion of the Property or its improvement. Any such mortgage, deed of trust, or other security device securing financing shall be subordinate to the City’s interests in this Agreement. 7.2 Mortgagee Rights and Obligations. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the Property, or any part thereof, and their successors and assigns shall, upon written request to City, be entitled to receive, from City written notification of any default by Owner of the performance of Owner’s obligations under the Agreement which has not been cured within thirty (30) days following the date of default. If there are no such defaults by Owner, the City Manager shall notify the requesting Party of that fact in writing. 7.3 Subordination. Owner agrees to enter into subordination agreements with all lenders having a mortgage, deed of trust, lien, or other security device securing financing with respect to the Property or its improvement to ensure that the provisions of this Agreement bind such mortgage holders, trust holders, lienholders, or security device holders should they take title to all or part of the Property through a quitclaim deed, sale, foreclosure or any other means of transfer of property. As a condition precedent to obtaining the benefits that accrue to the Owner or the Property under this Agreement, this Agreement by and through said subordination agreements Page 125 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -19- shall be prior and superior to such mortgages, deeds of trust, liens, or other security devices securing financing with respect to the Property or its improvement. The owner shall deliver to the City the fully executed subordination agreements for the Property in a form acceptable to the City Manager or their designee and suitable for recording, prior to the second reading of the ordinance adopting the Agreement. ARTICLE 8 DEFAULT 8.1 Events of Default. A default under this Agreement shall be deemed to have occurred upon the happening of one or more of the following events or conditions: i) A warranty, representation or statement made or furnished by Owner to City is false or proves to have been false in any material respect when it was made. ii) A finding and determination by City made following a periodic review under the procedure provided for in California Government Code section 65865.1 that upon the basis of substantial evidence Owner has not substantially complied with one or more of the material terms or conditions of this Agreement. iii) City does not accept, timely review, or consider requested development permits or entitlements submitted in accordance with the provisions of this Agreement. iv) Owner fails to comply with any other material Owner obligation under the terms of this Agreement. v) City fails to comply with any other material City obligation under the terms of this Agreement. If either Party defaults under this Agreement, the Party alleging such default will give the breaching Party not less than thirty (30) days’ notice of default in writing. The notice of default will specify the nature of the alleged default, and, where appropriate, the manner and period of time, which shall not be less than 30 days, in which said default may be satisfactorily cured. Where the default cannot be cured within the period of time provided, but can be cured within a longer time, the Party charged will not be considered in default for the purposes of termination or institution of legal proceedings if such Party has commenced to cure such default within the time provided and thereafter pursues such cure to completion with reasonable diligence. If the default is cured, then no default will exist and the noticing Party will take no further action. 8.2 Option to Set Matter for Hearing or Institute Legal Proceedings. After proper notice and the expiration of the cure period, the noticing Party to this Agreement, at its option, may (i) institute legal proceedings or (ii) schedule hearings before the Planning Commission and the City Council for a determination as to whether this Agreement should be modified, suspended, or terminated as a result of such default. Page 126 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 8.3 Waiver. Nothing in this Agreement shall be deemed to be a waiver by Owner or City of any right or privilege held by Owner or City pursuant to federal or state law, except as specifically provided herein. Any failure or delay by a Party in asserting any of its rights or remedies as to any default by the other Party will not operate as a waiver of any default or of any such rights or remedies or deprive such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. 8.4 Remedies upon Default. In the event of a default by either Party to this Agreement, the Parties shall have the remedies of specific performance, mandamus, injunction and other equitable remedies. In the event of a default pursuant to Section 8.l(ii) or 8.l(iv), City shall have the additional remedy, in its sole and unfettered discretion, of withholding issuance of grading, building or other permits and/or the inspection of previously issued permits. Neither Party shall have the remedy of monetary damages against the other; provided, however, that the award of costs of litigation and attorneys’ fees shall not constitute monetary damages. For avoidance of doubt, under no circumstances shall City’s remedies include any right to require Owner to develop, construct, commence, or complete all or any portion of the Project via specific performance, injunctive relief, or otherwise. 8.5 Remedies for Breach. Except as otherwise set forth herein, all remedies at law or in equity which are consistent with the provisions of this Agreement are available to City and Owner to pursue in the event there is a breach provided, however, neither Party shall have the remedy of monetary damages against the other except for an award of litigation costs and attorneys’ fees as provided for by this Agreement. ARTICLE 9 MODIFICATION OR SUSPENSION 9.1 Modification to Agreement by Mutual Consent. Except as specifically provided for herein, this Agreement may be modified, from time to time, by the mutual consent of the Parties only in the same manner as its adoption by an ordinance as set forth in California Government Code sections 65867, 65867.5 and 65868. The term, “Agreement” as used herein, will include any such modification properly approved and executed. 9.2 Minor Modifications. The Parties to this Agreement contemplate that there may be periodic clarifications and minor modifications to this Agreement. Such minor clarifications or modifications when agreed upon by the Parties hereto are anticipated and shall not constitute an amendment to this Agreement or a modification pursuant to this Article 9 but shall automatically be incorporated herein upon execution in writing by the Parties. 9.3 Unforeseen Health or Safety Circumstances. If, as a result of facts, events, or circumstances City finds that failure to suspend or modify this Agreement would pose an immediate threat to the health or safety of the City’s residents or the City, the following shall occur: a) Notification of Unforeseen Circumstances. Notify Owner of (i) City’s determination; and (ii) the reasons for City’s determination, and all facts upon which such reasons are based; and Page 127 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -21- b) Notice of Hearing. Notify Owner in writing at least fourteen (14) days prior to the date, of the date, time and place of the hearing and forward to Owner a minimum of ten 10) days prior to the hearings described in paragraph 9.3(c) below, all documents related to such determination and reasons therefor; and c) Hearing. Hold a hearing on the determination, at which hearing Owner will have the right to address the City Council. At the conclusion of said hearing, City may take action to suspend or terminate this Agreement as provided herein ARTICLE 10 CHANGE IN STATE OR FEDERAL LAW OR REGULATIONS 10.1 State or Federal Law or Regulation. If any state or federal law or regulation enacted during the Term of this Agreement, or the action or inaction of any other affected governmental jurisdiction, precludes compliance with one or more provisions of this Agreement, or requires changes in plans, maps, or permits approved by City, the Parties will act pursuant to paragraphs 10.l(a) and 10.l(b), below. a) Notice; Meeting. The Party first becoming aware of such enactment or action or inaction will provide the other Party(ies) with written notice of such state or federal law or regulation and provide a copy of such law or regulation and a statement regarding its conflict with the provisions of this Agreement. The Parties will promptly meet and confer in a good faith and reasonable attempt to modify or suspend this Agreement to comply with such federal or state law or regulation. b) Hearing. If an agreed-upon modification or suspension would not require an amendment to this Agreement, no hearing shall be held. Otherwise, the matter of such federal or state law or regulation will be scheduled for hearing before the City Council. Fifteen (15) days’ written notice of such hearing shall be provided to Owner, and the City Council, at such hearing, will determine and issue findings on the modification or suspension which is required by such federal or state law or regulation. The owner, at the hearing, shall have the right to offer testimony and other evidence. Any modification or suspension shall be taken by the affirmative vote of not less than a majority of the authorized voting members of the City Council. If the Parties fail to agree after said hearing, the matter may be submitted to nonbinding mediation pursuant to subsection 13.19, prior to the filing of any legal action by any Party. Any suspension or modification may be subject to judicial review in conformance with this Agreement. ARTICLE 11 ASSIGNMENT, TRANSFER AND NOTICE 11.1 Assignment of Interests, Rights and Obligations. Owner may transfer all or any portion of its interest in, and rights and obligations under, this Agreement to any person acquiring an interest or estate in all or any portion of the Property (any such portion, a “Transfer Property”), including, without limitation, purchasers or ground lessees of such Transfer Property (a Transferee”) only with the written consent of the City, or as otherwise permitted herein. Any such transfer agreed to by the City must, as and to the extent set forth below, relieve the transferring party (a “Transferor”) of any and all rights and obligations under this Agreement insofar as they Page 128 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda pertain to the Transfer Property. Provided that all applicable payments and applicable requirements and conditions of this Agreement and the Existing Project Approvals and any applicable Future Project Approvals have been fully performed and satisfied in the City’s determination, Owner shall have the right to assign, transfer, or convey all or any partial interest in all or any portion of the Property to any entity or entities owned or under common control with Owner (“Permitted Transfer”) without the consent of the City. Owner shall timely provide to the City reasonable notice and a copy of the Transfer Instrument thirty days before any Permitted Transfer to allow the City to confirm the common ownership or control of the transferee with the Owner. No sale, transfer or assignment shall require the amendment of this Agreement. Any transfer by Owner of all or any portion of its interest in, and rights and obligations under, this Agreement to any other person or entity, other than a Permitted Transfer, shall require the City’s express written consent. 11.2 Transfers to Third Persons in General; Release. In connection with any transfer by a Transferor of all or any portion of the Property, the Transferor and the Transferee may enter into a written agreement regarding the respective rights and obligations of the Transferor and the Transferee in and under this Agreement (a “Transfer Agreement”). Any such Transfer Agreement may contain provisions (i) releasing the Transferor from any rights and obligations under this Agreement that relate to the Transfer Property, provided the Transferee expressly assumes all such rights and obligations, (ii) transferring to the Transferee a vested right to improve and use that portion of the Property being transferred and any other rights or obligations of the Transferor arising under this Agreement, and (iii) addressing any other matter deemed necessary or appropriate in connection with the Transfer of the Transfer Property. The Transfer Agreement shall be in recordable form, in substantially the form attached hereto as Exhibit E. Any material changes to the attached form will be subject to the review and approval of the City, which shall not be unreasonably withheld or delayed. Provided that all applicable payments and applicable requirements and conditions required by this Agreement and the Existing Project Approvals and any applicable Future Project Approvals have been fully performed and satisfied by the Owner in the City’s determination, upon recordation of any Transfer Agreement for a Permitted Transfer, the Transferor shall be released from any prospective liability or obligation under this Agreement related to the Transfer Property, except as specified therein, and thereafter the Transferee shall be deemed to be “Owner” under this Agreement with all rights and obligations related hereunder, solely with respect to the Transferred Property. 11.3 Release Provisions. Except in the case of Permitted Transfers utilizing a Transfer Agreement in substantially the form of Exhibit E attached hereto, a Transferor shall obtain the City’s written consent to those provisions of any Transfer Agreement purporting to release such Transferor from any obligations arising under this Agreement (the “Release Provisions”). 11.4 City Consent. City will review and consider promptly and in good faith any request by a Transferor for City’s written consent to any transfer and/or any Release Provisions. City’s consent to any such transfer and/or Release Provisions may be withheld only if, in light of the proposed Transferee’s reputation and financial resources, such Transferee would not in City’s reasonable discretion be able to fully and timely perform the obligations proposed to be assumed by such Transferee. In no event will City’s consent to any transfer and/or Release Provisions be unreasonably withheld. Page 129 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -23- 11.5 Non-Assuming Transferees. Except as otherwise required by Owner in Owner’s sole discretion, the burdens, obligations and duties of Owner under this Agreement terminate with respect to, and neither a Transfer Agreement nor City’s consent is required in connection with any individual single-family residence (and its associated lot) that has received a certificate of occupancy and been conveyed to a third party. The transferee in such a transaction and its successors (“Non-Assuming Transferees”) are deemed to have no obligations under this Agreement. Nothing in this section exempts any property transferred to a Non-Assuming Transferee from payment of applicable fees and assessments or compliance with applicable conditions of approval. ARTICLE 12 MISCELLANEOUS PROVISIONS 12.1 Relationship of City and Owner. The contractual relationship between City and Owner arising out of this Agreement is not of agency, partnership, or joint venture. This Agreement does not create any third- party beneficiary rights. 12.2 Notices. All notices, demands, and correspondence required or permitted by this Agreement shall be in writing and delivered in person, or mailed by first-class or certified mail, postage prepaid, addressed as follows: If to City: Attention: City Manager 276 Fourth Avenue Chula Vista, CA 91910 If to Owner: Attention: Jim Varsamis, Senior Vice President Brookfield Retail 350 N. Orleans Street, Suite 300 Chicago, IL 60654 james.varsamis@bpretail.com and Attention: Legal Real Estate Group Brookfield Properties 350 N. Orleans St., Suite 300 Chicago, IL 60654 with a copy to: Rutan & Tucker, LLP Attn: Peter Howell 18575 Jamboree Road, 9th Floor Irvine, CA 92612 City or Owner may change its address by giving notice in writing to the other. Thereafter, notices, demands, and correspondence shall be addressed and transmitted to the new address. Notice shall be deemed given upon personal delivery, or, if mailed, two (2) business days following deposit in the United States mail. Page 130 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 12.3 Rules of Construction. In this Agreement, the use of the singular includes the plural; the masculine gender includes the feminine; “shall” is mandatory; “may” is permissive. 12.4 Entire Agreement, Waivers, and Recorded Statement. This Agreement constitutes the entire understanding and agreement of City and Owner with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiations or previous agreements between City and Owner respecting this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of City and Owner. Upon the completion of performance of this Agreement, or its revocation or termination, a statement evidencing completion, revocation, or termination signed by the City Manager shall be recorded in the Official Records of the City. Unless otherwise specifically stated, nothing herein shall be construed to supersede, modify or amend other existing agreements between the Parties. 12.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to the original and all of which together shall constitute one and the same instrument. 12.6 Incorporation of Recitals. The recitals set forth in this Agreement are incorporated herein to this Agreement. 12.7 Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 12.8 Consent. Where the consent or approval of City or Owner is required or necessary under this Agreement, the consent or approval shall not be unreasonably withheld, delayed, or conditioned. 12.9 Covenant of Cooperation. City and Owner shall cooperate and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement. 12.10 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of the County of San Diego, within ten (10) days following the Effective Date. 12.11 Delay, Extension of Time for Performance (Force Majeure). In addition to any specific provision of this Agreement, performance by either City or Owner of its obligations hereunder shall be excused during any period of delay caused at any time by reason of any event beyond the control of City or Owner which prevents or delays and impacts City’s or Owner’s ability to perform obligations under this Agreement, including, but not limited to the following: acts of God, enactment of new conflicting federal, state or local laws or regulations (such as: listing of a species as threatened or endangered), judicial actions (such as the issuance of restraining orders and injunctions), or riots, strikes, pandemics, declared health emergencies, or damage to work in process by reason of fire, floods, earthquake, or other such casualties. In addition, any delay in Owner’s performance herein may be excused if such delay is caused by City’s failure to process any required plans, documents or approvals, provided, however, City’s delay is not caused by Owner’s failure to submit such plans or documents in a timely manner or is due to Owner’s changes or amendments to said documents. If City or Owner seeks excuse from performance, it Page 131 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -25- shall provide written notice of such delay to the other Party within thirty (30) days of the commencement of such delay. If the delay or default is beyond the control of City or Owner, and is excused, an extension of time for such cause will be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. 12.12 Covenant of Good Faith and Fair Dealings. No Party shall do anything which shall have the effect of harming or injuring the right of the other Parties to receive the benefits of this Agreement; each Party shall refrain from doing anything which would render its performance under this Agreement impossible; and each Party shall do everything which this Agreement contemplates that such Party shall do in order to accomplish the objectives and purposes of this Agreement. 12.13 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 12.14 Cancellation of Agreement. This Agreement may be canceled by the mutual consent of City and Owner only in the same manner as its adoption, by an ordinance as set forth in California Government Code section 65868 and shall be in a form suitable for recording in the Official Records of the County. The term “Agreement” shall include any such amendment properly approved and executed. 12.15 Estoppel Certificate. Within thirty (30) calendar days following a written request by any of the Parties, the other Parties to this Agreement shall execute and deliver to the requesting Party a statement certifying that (i) this Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications; (ii) there are no known current uncured defaults under this Agreement, or specifying the dates and nature of any such default; and (iii) any other reasonable information requested. The failure to deliver such a statement within such time shall constitute a conclusive presumption against the Party which fails to deliver such statement that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. The Estoppel Certificate may be issued by the Director of Development Services, or their designee. 12.16 Institution of Legal Proceeding. In addition to any other rights or remedies, any Party may institute legal action to cure, correct, or remedy any default, to enforce any covenants or agreements herein, or to enjoin any threatened or attempted violation thereof; or to obtain any remedies consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of San Diego, State of California. 12.17 Attorneys’ Fees and Costs. If any Party commences litigation or other proceedings including, without limitation, arbitration) for the interpretation, reformation, enforcement, or rescission of this Agreement, the prevailing Party, as determined by the court, will be entitled to its reasonable attorneys’ fees and costs. 12.18 Hold Harmless. In addition to any defense, indemnity, and hold harmless obligations of Owner, whether at contract or at law, Owner agrees to and shall fully and timely Page 132 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda indemnify, reimburse, and hold harmless City, its officers, agents, employees and representatives from liability for damage, cost, expense, or claims for damage for personal injury, including death, and any form of claims for property damage which may arise from the direct or indirect operations of Owner or those of its contractors, subcontractors, agents, employees or other persons acting on Owner’s behalf, on the Project. Owner also agrees to and shall defend (with counsel approved by the City in writing) City and its officers, agents, employees and representatives from actions for damage, costs, expense, or liability caused or alleged to have been caused by reason of Owner’s activities on or inaction relating to the Project. Owner agrees to fully and timely indemnify, reimburse, hold harmless, pay all costs and provide a defense for City in any administrative proceeding, or any legal action filed in a court of competent jurisdiction by a third Party challenging the validity of this Agreement. The provisions of this paragraph 12.18 shall not apply to the extent such damage, liability or claim is caused by the sole negligence or willful misconduct of City, its officers, agents, employees or representatives. 12.19 Non-binding Mediation. If this Agreement requires mediation in order to resolve a disagreement between the Parties, such mediation shall comply with the following provisions: a) Meet and Confer. The Parties shall meet and confer in good faith to attempt to resolve their disagreement. If the Parties are not able to resolve their disagreement within thirty 30) calendar days after their first meeting on the subject, the matter shall be submitted for non-binding mediation in accordance with the terms and conditions set forth below. b) Non-binding Mediation. In the event that the Parties are unable to resolve their disagreement by meeting and conferring among themselves as provided above, the Parties shall meet to select a mediator who will attempt to resolve the disagreement. Unless otherwise agreed by the Parties, the mediator shall have no affiliation with either of the Parties and preferably have experience in municipal law or land use. In the event that the Parties are unable to agree on a mediator within ten (10) business days after the expiration of the meet and confer period, the Parties shall petition a Judge of the Superior Court of the County of San Diego to appoint a mediator who possesses the above-described qualifications. c) Mediation. The mediation shall occur at times and locations agreed upon by the Parties. The Parties shall submit to the mediator their respective relevant documents or evidence supporting their position that each may choose to provide. Neither Party, nor the mediator, shall have any discovery powers in the proceeding. The mediator shall meet with the Parties and attempt to resolve their disagreement by facilitating discussions between them. The mediator shall not take a position on the dispute unless requested to do so by both Parties. In the event that mediation process does not resolve the disagreement within twenty (20) business days after first meeting with the mediator, unless extended by mutual agreement of the Parties, the mediation process shall terminate. All discussions at the mediation shall be kept confidential, as may be allowed by state and federal law, and shall not be discoverable in any subsequent proceedings. Each Party shall bear their own costs in the mediation and the Parties shall share equally in any and all costs charged by the mediator. In the event that a resolution of the disagreement at issue is not reached, each Party reserves the right to pursue any and all remedies available at law or in equity with respect thereto. Page 133 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 -27- Dated this __ day of __________, 2024 CITY OF CHULA VISTA By: GGP-OTAY RANCH, L.P., A DELAWARE LIMITED PARTNERSHIP By: GGP-Otay Ranch L.L.C., a Delaware limited liability company and general partner By: GGP/Homart II L.L.C., a Delaware limited liability company and its sole member By: General Growth Properties (GGP) Otay Ranch L.P. ATTEST: APPROVED AS TO FORM: Page 134 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 135 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT A 1- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOT 4 TOGETHER WITH PORTIONS OF LOT 1 OF CHULA VISTA TRACT NO. 05-02, OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 30, 2005, AND AS CORRECTED BY A CERTIFICATE OF CORRECTION RECORDED JANUARY 3, 2008 AS INSTRUMENT NO. 2008-0003099, AND FURTHER CORRECTED BY A CERTIFICATE OF CORRECTION RECORDED AUGUST 10, 2009 AS INSTRUMENT NO. 2009-0446488, BOTH OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE NORTHERLY LINE THEREOF NORTH 71°57’30” EAST (RECORD N71°57’21”E PER SAID MAP), 176.03 FEET TO THE SOUTHERLY LINE OF PARCEL 40015-1 GRANTED TO SAN DIEGO ASSOCIATION OF GOVERNMENTS PER GRANT DEED RECORDED DECEMBER 29, 2016 AS DOCUMENT NO. 2016-0714265, OF OFFICIAL RECORDS, BEING THE BEGINNING OF A NON-TANGENT 512.50 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 00°25’59” WEST; THENCE LEAVING SAID NORTHERLY LINE ALONG SAID SOUTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°28’26” A DISTANCE OF 165.25 FEET; THENCE NORTH 71°57’33” EAST, 456.08 FEET TO THE WESTERLY LINE OF SAID LOT 4, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1123.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 83°07’32” WEST; THENCE NORTHERLY ALONG SAID WESTERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°04’26” A DISTANCE OF 1.45 FEET TO SAID NORTHERLY LINE; THENCE LEAVING SAID PARCEL 40015-1 ALONG THE NORTHERLY LINES OF SAID LOTS 1 AND 4 NORTH 71°57’30” EAST, 54.59 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 18°02’30” EAST, 53.83 FEET; THENCE SOUTH 17°31’53” EAST, 59.68 FEET TO THE BEGINNING OF A 138.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°15’24” A DISTANCE OF 10.25 FEET TO THE BEGINNING OF A 1054.00 FOOT RADIUS REVERSE CURVE CONAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 76°43’31” WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°51’47” A DISTANCE OF 107.86 FEET; THENCE SOUTH 19°08’17” EAST, 61.22 FEET TO THE BEGINNING OF A 172.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°56’23” A DISTANCE OF 29.84 FEET; THENCE SOUTH 29°04’40” EAST, 38.74 FEET TO THE BEGINNING OF A 436.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°17’15” A DISTANCE OF 32.63 FEET; THENCE SOUTH 24°47’25” EAST, Page 136 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 27.79 FEET TO THE BEGINNING OF A 352.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°53’57” A DISTANCE OF 66.96 FEET TO THE BEGINNING OF A 375.00 FOOT RADIUS COMPOUND CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°11’07” A DISTANCE OF 40.48 FEET; THENCE SOUTH 07°42’21” EAST, 106.90 FEET; THENCE SOUTH 82°00’00” WEST, 268.88 FEET; THENCE SOUTH 07°50’53” EAST, 0.96 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 07°50’53” WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83°02’49” A DISTANCE OF 28.99 FEET; THENCE SOUTH 82°00’10” WEST, 13.11 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 4; THENCE ALONG SAID SOUTHERLY LINE SOUTH 07°59’50” EAST, 15.58 FEET; THENCE SOUTH 82°00’10” WEST, 11.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 08°00’00” EAST, 164.92 FEET; THENCE SOUTH 82°00’00” WEST, 12.50 FEET; THENCE NORTH 72°31’00” WEST, 28.00 FEET; THENCE SOUTH 81°37’00” WEST, 510.42 FEET; THENCE NORTH 08°00’00” WEST, 92.41 FEET; THENCE SOUTH 82°00’00” WEST, 10.37 FEET; THENCE NORTH 08°00’00” WEST, 38.81 FEET; THENCE SOUTH 82°00’00” WEST, 40.54 FEET; THENCE NORTH 74°57’00” WEST, 14.00 FEET TO THE BEGINNING OF A 61.50 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°34’57” A DISTANCE OF 33.90 FEET; THENCE SOUTH 82°00’00” WEST, 72.36 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID WESTERLY LINE NORTH 02°42’33” WEST, 16.85 FEET; THENCE NORTH 00°45’27” WEST, 86.28 FEET; THENCE NORTH 01°42’40” WEST, 25.65 FEET; THENCE NORTH 00°44’18” WEST, 168.03 FEET; THENCE NORTH 01°53’44” EAST, 149.93 FEET; THENCE NORTH 02°31’58” EAST, 31.90 FEET; THENCE NORTH 02°45’18” EAST, 60.52 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE HEREINABOVE DESCRIBED PARCEL OF LAND ANY PORTION LYING WITH LOT 5 OF SAID MAP NO. 15037. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 14.591 ACRES, MORE OR LESS. PARCEL B BEGINNING AT AN ANGLE POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 1, SAID POINT BEING THE WESTERLY TERMINUS OF THAT CERTAIN COURSE AS SHOWN ON SAID MAP BEARING NORTH 82°00’00” EAST, 216.95 FEET; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 81°59’56” EAST, 76.88 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 07°59’50” WEST, 7.10 FEET TO THE BEGINNING OF A 2.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CUVE THROUGH A CENTRAL ANGLE OF 90°00’00” A DISTANCE OF 3.14 FEET; THENCE SOUTH 82°00’10” WEST, 17.00 FEET; THENCE NORTH 07°59’50” WEST, 243.00 FEET; THENCE NORTH 82°00’10” EAST, 17.00 FEET TO THE BEGINNING OF A 2.00 FOOT RADIUS CURVE CONCAVE Page 137 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT A 3- NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00’00” A DISTANCE OF 3.14 FEET; THENCE NORTH 07°59’50” WEST, 7.10 FEET; THENCE SOUTH 82°00’10” WEST, 167.84 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID WESTERLY LINE SOUTH 11°45’18” EAST, 45.01 FEET; THENCE SOUTH 14°13’28” EAST, 39.16 FEET; THENCE SOUTH 15°13’56” EAST, 31.49 FEET; THENCE SOUTH 16°55’17” EAST, 30.06 FEET; THENCE SOUTH 18°01’56” EAST, 45.42 FEET; THENCE SOUTH 19°54’00” EAST, 37.19 FEET; THENCE SOUTH 21°59’19” EAST, 62.50 FEET; THENCE SOUTH 32°17’52” EAST, 39.23 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE LEAVING SAID WESTERLY LINE ALONG SAID SOUTHWESTERLY LINE NORTH 61°27’47” EAST, 47.93 FEET; THENCE NORTH 28°32’13” WEST, 47.28 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.870 ACRES, MORE OR LESS. PARCEL C COMMENCING AT AN ANGLE POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 1, SAID POINT BEING THE WESTERLY TERMINUS OF THAT CERTAIN COURSE AS SHOWN ON SAID MAP BEARING NORTH 82°00’00” EAST, 216.95 FEET; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 81°59’56” EAST, 106.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 07°59’50” WEST, 39.69 FEET; THENCE NORTH 82°00’10” EAST, 6.00 FEET; THENCE NORTH 07°59’50” WEST, 5.00 FEET; THENCE SOUTH 82°00’10” WEST, 6.00 FEET; THENCE NORTH 07°59’50” WEST, 88.60 FEET TO A POINT IN SAID SOUTHWESTERLY LINE; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 62°29’09” EAST, 98.43 FEET; THENCE NORTH 81°59’56” EAST, 17.28 FEET; THENCE SOUTH 08°00’04” EAST, 166.17 FEET; THENCE SOUTH 81°59’56” WEST, 110.07 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.384 ACRES, MORE OR LESS. PARCEL D COMMENCING AT AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE AS SHOWN ON SAID MAP BEARING NORTH 08°00’00” WEST, 571.65 FEET; THENCE ALONG SAID SOUTHERLY LINE NORTH 08°00’04” WEST, 571.65 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 14°30’54” WEST, 147.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 82°00’10” WEST, 167.15 FEET; THENCE SOUTH 04°29’41” WEST, 8.65 FEET; THENCE SOUTH 82°00’10” WEST, 7.05 FEET; THENCE SOUTH 07°59’50” EAST, 58.58 FEET; THENCE SOUTH 82°00’10” WEST, 82.67 FEET; THENCE NORTH 07°59’50” WEST, 18.15 FEET TO THE BEGINNING OF A NON- TANGENT 21.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 73°01’11” EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°31’30” A DISTANCE OF 19.25 Page 138 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FEET; THENCE NORTH 07°59’50” WEST, 15.94 FEET; THENCE NORTH 22°17’15” WEST, 4.49 FEET; THENCE SOUTH 82°00’10” WEST, 152.22 FEET; THENCE SOUTH 66°44’50” WEST, 11.40 FEET; THENCE SOUTH 82°00’10” WEST, 6.00 FEET; THENCE NORTH 07°59’50” WEST, 53.17 FEET; THENCE NORTH 82°00’10” EAST, 164.19 FEET TO THE BEGINNING OF A NON-TANGENT 86.50 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 81°16’06” WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°31’07” A DISTANCE OF 34.00 FEET; THENCE NORTH 82°00’10” EAST, 7.08 FEET; THENCE NORTH 07°59’50” WEST, 42.66 FEET; THENCE NORTH 82°00’10” EAST; 75.06 FEET; THENCE SOUTH 07°59’50” EAST, 42.62 FEET; THENCE NORTH 82°00’10” EAST, 7.62 FEET; THENCE SOUTH 07°59’50” EAST, 3.06 FEET TO THE BEGINNING OF A NON- TANGENT 88.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 63°15’46” EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°41’11” A DISTANCE OF 28.70 FEET; THENCE NORTH 82°00’10” EAST, 164.72 FEET; THENCE SOUTH 07°59’50” EAST, 42.16 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.719 ACRES, MORE OR LESS. JIMMY J. ELMORE P.L.S. 8483 HUNSAKER & ASSOCIATES SAN DIEGO, INC. Page 139 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT B 1- EXHIBIT B PROPERTY MAP & SUMMARY OF MINIMUM DENSITY BY LOT Page 140 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 141 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT C 1- EXHIBIT C TENTATIVE MAP/CVT 22-0002 FOR: OTAY RANCH TOWN CENTER FC-1 CITY OF CHULA VISTA, CALIFORNIA Page 142 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT C 2- TM Stats table.xls Updated: 8/23/2024 Page 143 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT D 1- EXHIBIT D RELEASE FORM RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Space Above For Recorder’s Use) RELEASE FROM DEVELOPMENT AGREEMENT This Release Agreement (“Release”) is made and entered into as of this ____ day of Effective Date”), by and between the CITY OF CHULA VISTA, a chartered California municipal corporation (“City”) on the one hand, and __________________, a Owner”) on the other. Collectively, City and Owner may be referred to as Parties” and individually, each as a “Party”. RECITALS A. On _____________, 2024 the City approved a mixed-use development project intended to provide, over one or more phases, up to 840 residential dwelling units, while preserving existing retail space, including the demolition of existing retail space and rebuilding of 37,200 square feet of retail (the “Project”) on a 16.59 acre site (the “Property”). The City also approved and entered into that certain Development Agreement No. _____ (the “Development Agreement”), dated as of [_____________], 202[_] and was recorded in the Official Records of the County of San Diego (“Official Records”) on [_________] as Document No. [______]. B. Pursuant to Section 5.3 of the Development Agreement, upon written request of Owner and provided that all payments and the requirements and conditions required by the Development Agreement have been performed, City may execute and deliver to Owner appropriate release(s) of obligations imposed by the Development Agreement, as necessary to effect the release of a portion the Property. C. Owner has requested that City release a portion of the Property, as more particularly described in Exhibit A attached hereto (the “Released Property”), and City has determined that the requirements for such a release have been satisfied. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: Page 144 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 1. Release. Pursuant to Section 5.3 of the Development Agreement, the City fully and unconditionally releases and forever discharges the Released Property from all obligations under the Development Agreement. 2. No Effect on Other Agreements. This Release only affects the Released Property, and shall not be construed to affect any obligations of the City or the respective developers/owners of any other portion of the Property. 3. Successors and Assigns. This Release shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. 4. Counterparts; Governing Law. This Release may be executed in several counterparts, each of which counterparts shall be deemed an original instrument and all of which together shall constitute a single agreement. This Release shall be governed by the laws of the State of California. END OF TEXT; SIGNATURES FOLLOW IMMEDIATELY ON NEXT PAGE] Page 145 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT D 3- IN WITNESS WHEREOF, the parties have executed this Release as of the Effective Date. ATTEST: By: City Clerk CITY: CITY OF CHULA VISTA, a Municipal Corporation By: APPROVED AS TO FORM: By: City Attorney City of Chula Vista OWNER: NAME] By: Its: Page 146 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ______________________ ) On _________________________, before me, , insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 147 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT D 5- A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ______________________ ) On _________________________, before me, , insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 148 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ______________________ ) On _________________________, before me, , insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 149 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT D 7- A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ______________________ ) On _________________________, before me, , insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 150 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 151 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT D 1- EXHIBIT “A” LEGAL DESCRIPTION OF THE RELEASED PARCEL Page 152 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 153 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT E 1- EXHIBIT E TRANSFER AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Space Above For Recorder’s Use) ASSIGNMENT AND ASSUMPTION AGREEMENT RELATIVE TO DEVELOPMENT AGREEMENT Otay [Phase_______]] THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter, the Assignment”) is entered into as of this [___] day of [_______________, 20___], by and between a [__________] (“Assignor”) and [_____________], a [___________] Assignee”). Assignor and Assignee each are also referred to herein as a “Party” and collectively as the “Parties”. RECITALS A. Assignor is a party to that certain Development Agreement (as the same may have been any may be further amended, restated or otherwise modified, the “Development Agreement”) dated as of [_______________], 202[_] with respect to certain real property owned by Assignor, as such property is more particularly described in the Development Agreement (the Project Site”). The Development Agreement was recorded in the Official Records of the County of San Diego (“Official Records”) on [_______________] as Document No. [_________]. B. Assignor is “Owner” under the Development Agreement with respect to the portion of the Project Site as more particularly identified and described on Exhibit A attached hereto (hereafter the “Transferred Property”). C. Contemporaneously herewith, Assignor has transferred to Assignee Assignor’s right, title and interest in and to the Transferred Property. D. Assignor desires to assign and Assignee desires to assume Assignor’s right, title, interest, burdens and obligations under the Development Agreement with respect to and as related to the Transferred Property, as more particularly described below. Page 154 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda ASSIGNMENT AND ASSUMPTION NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Defined Terms. Initially capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Development Agreement. 3. Assignment of Development Agreement. Subject to the terms and conditions of this Assignment, Assignor hereby assigns to Assignee, effective as of Assignor’s conveyance of the Transferred Property to Assignee (the “Assignment Effective Date”), all of Assignor’s right, title, obligations, and interest under the Development Agreement and the Existing Project Approvals and any applicable Future Project Approvals with respect to the Transferred Property, including without limitation any community benefits or fees that are tied to the Transferred Property applicable to the Transferred Property[, all as more particularly described on Exhibit B], collectively, the “Assigned Rights and Obligations”). Assignor retains all of Assignor’s rights, title, obligations and interest under the Agreement other than the Assigned Rights and Obligations relating to the portions of the Project Site other than the Transferred Property. 4. Assumption of Development Agreement. Assignee hereby assumes, as of the Assignment Effective Date, the Assigned Rights and Obligations and agrees to observe and fully perform all of the duties and obligations of Assignor under the Development Agreement with respect to the Assigned Rights and Obligations and to be subject to all of the terms and conditions of the Development Agreement with respect to the Assigned Rights and Obligations, in each case to the extent arising on or after the Assignment Effective Date. Assignor and Assignee acknowledge and agree that, from and after the Assignment Effective Date, Assignee shall be the Owner” under the Development Agreement and the Existing Project Approvals and any applicable Future Project Approvals with respect to the Transferred Property and the Assigned Rights and Obligations. With respect to the Transferred Property, Assignee shall indemnify, defend and hold harmless Assignor from any and all liability arising from the Development Agreement from and after the Assignment Effective Date. 5. Binding on Successors. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 6. Notices. The notice address for Assignee under Section [ ] of the Development Agreement shall be: Page 155 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT E 3- Attn: ___________ With copy to: Attn: ___________ 7. Counterparts. This Assignment may be executed in as many counterparts as may be deemed necessary and convenient, and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same instrument. 8. Governing Law; Venue. This Assignment and the legal relations of the parties hereto shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its principles of conflicts of law. All rights and obligations of the Parties under this Assignment are to be performed in the City of Chula Vista, and the County of San Diego shall be the venue for any legal action or proceeding that may be brought, or arise out of, in connection with or by reason of this Assignment. 9. No Waiver. The waiver or failure to enforce any provision of this Assignment shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 10. Further Assurances. Each Party shall execute and deliver such other certificates, agreements and documents and take such other actions as may be reasonably required to consummate or implement the transactions contemplated by this Assignment provided the same does not increase such Party’s obligations and liabilities or reduce such Party’s rights under this Assignment and/or the Development Agreement other than to a de minimis extent. 11. Severability. If any term, provision, covenant or condition of this Assignment is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Assignment shall continue in full force and effect, except to the extent that enforcement of the remaining provisions of this Assignment would be unreasonable or grossly inequitable under all the circumstances or would frustrate the fundamental purpose of this Assignment or the Development Agreement. 12. Interpretation. The Parties acknowledge that this Assignment is the product of negotiation and compromise on the part of both Parties, and the Parties agree that since both have participated in the negotiation and drafting of this Assignment, this Assignment shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. Page 156 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 13. Amendments. Any amendments or modifications to this Assignment must be in writing, signed by duly authorized representatives of each of the Parties hereto, and recorded in the Official Records. 14. Recordation. Assignor and Assignee shall record this Assignment against the Transferred Property in the Official Records contemporaneously with the recordation of the instrument conveying title to the Transferred Property to Assignee and prior to the lien of any security interest that will encumber the Transferred Property after the conveyance. 15. Authority. Each person executing this Assignment represents and warrants that he or she has the authority to bind his or her respective Party to the performance of its obligations hereunder and that all necessary board of directors’, shareholders’, partners’, members’, managers’, and other approvals have been obtained. END OF TEXT; SIGNATURES FOLLOW IMMEDIATELY ON NEXT PAGE] Page 157 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT E 5- IN WITNESS WHEREOF, the parties hereto have executed this Assignment and Assumption Agreement as of the day and year first above written. ASSIGNOR: By: Name: Title: ASSIGNEE: By: Name: Title: Page 158 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ______________________ ) On _________________________, before me, , insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 159 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT E 7- A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ______________________ ) On _________________________, before me, , insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 160 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 161 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2091/025068-0045 21015114.2 a09/18/24 EXHIBIT “A” 1- EXHIBIT “A” LEGAL DESCRIPTION OF THE TRANSFERRED PROPERTY Page 162 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 05 P a g e | 1 December 3, 2024 ITEM TITLE Annual Report: Fiscal Year 2023-24 Development Impact Fees, the Parkland Acquisition and Development Fee, Trunk Sewer Capital Reserve Fee, and Parking In Lieu Fee Report Number: 24-0295 Location: No specific geographic location Department: Development Services 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. Recommended Action Receive the annual report regarding Development Impact Fees, the Parkland Acquisition and Development Fee, Trunk Sewer Capital Reserve Fee, and Parking In Lieu Fee for fiscal year 2023-24. SUMMARY California Government Code Section 66000, et seq. requires local agencies assessing Development Impact Fees (“DIFs”) and sewer capacity charges to make available specified financial data to the public each fiscal year. This report satisfies that requirement and has been available in the City Clerk’s Office for public review since November 15, 2024. An equivalent report for the Parkland Acquisition and Development (“PAD”) fees and Parking In Lieu Fees is included in this report for ease of reference and convenience to the public. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the 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. Thus, no environmental review is required. Page 163 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable DISCUSSION The City of Chula Vista collects several types of fees associated with development including: Development Impact Fees (DIF), Parkland Acquisition and Development (PAD) Fees, Trunk Sewer Capital Reserve Fees, and a Parking In Lieu Fee which were assessed during the fiscal year ending June 30, 2024. The major categories of facilities financed via DIFs include transportation, traffic signals, pedestrian bridges, drainage, sewer, and public facilities. Development Impact Fees are updated in two manners: 1) Through a comprehensive DIF program review; or 2) a Council-enacted automatic annual adjustment, based upon an appropriate index. There were no comprehensive DIF updates completed in fiscal year 2023-24 (“FY 2023-24”). In October of 2023, the following automatic index-based annual adjustments went into effect: Fee Description (Per Single Family Unit) Previous Amount Updated Amount (Oct 2023) Difference Eastern Transportation DIF (“ETDIF”) $16,479 $17,647 $1,168 Western Transportation DIF (“WTDIF”) $4,969 $5,332 $363 Bayfront DIF (“BFDIF”) $12,012 $12,864 $852 Traffic Signal Fee $472 $482 $10 Salt Creek Sewer Basin DIF $1,681 $1,800 $119 Otay Ranch Village 1, 2, 5, & 6 Pedestrian Bridge DIF $1,043 $1,117 $74 Otay Ranch Village 11 Pedestrian Bridge DIF $2,960 $3,170 $210 Public Facilities Development Impact Fee (“PFDIF”) $13,394 $14,286 $892 Parkland Acquisition & Development Fee (West of I-805) $14,345 $14,527 $182 Parkland Acquisition & Development Fee (East of I-805) $22,027 $22,209 $182 Trunk Sewer Capital Reserve Fee $4,361 $4,671 $310 Other fees addressed in this report remain at the same rate as the previous fiscal year. Page 164 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 3 DEVELOPMENT IMPACT FEES Eastern Transportation Development Impact Fee (“ETDIF”) The ETDIF fee was established on January 12, 1988, via Ordinance 2251 to finance and coordinate the construction of new transportation facilities are built when needed to serve new development. This fee is applicable to all new development east of Interstate 805. Prior to the program, transportation facilities, (ex. streets and traffic signals) were built by developers in a fragmented fashion. In addition, equity issues arose, as some developers with frontages on large streets were required to improve those streets while other developers with only smaller local street frontages had less improvement requirements. Now, all developers in the eastern portion of Chula Vista pay the same fee per average daily trip (“ADT”) based on the number of vehicle trips generated for a specific land use. The City or the developer on behalf of the City constructs the necessary transportation facilities. If the developer constructs the facilities, they receive a ETDIF fee credit which is then applied towards payment of the required DIF fees for their development at the time of final inspection. The City is in the process of preparing a comprehensive update of the ETDIF. The ETDIF is subject to an annual index-based adjustment. On October 1, 2023, the fee increased from $1,647.90 to $1,764.70 per ADT. The rate per single-family dwelling unit increased from $16,479 to $17,647. Detailed FY 2023-24 financial information is presented in Attachment 1, Schedule A of this report. Western Transportation Development Impact Fee (“WTDIF”) The WTDIF fee was adopted on March 18, 2008, via Ordinances 3106 through 3110 to finance and coordinate the construction of new transportation facilities in the western neighborhoods of the City. The WTDIF functions similar to the ETDIF, spreading the costs associated with the construction of the facilities equitably among the developing properties within the benefit area. The City is in the process of preparing a comprehensive update of the WTDIF. The WTDIF is subject to an annual index-based adjustment. On October 1, 2023, the fee increased from $496.97 to $532.20 per ADT. The rate per single-family dwelling unit increased from $4,969 to $5,322. Detailed FY 2023-24 financial information is presented in Attachment 1, Schedule B of this report. Bayfront Transportation Development Impact Fee (“BFDIF”) The BFDIF was adopted on November 18, 2014, via Ordinance 3327 to finance and coordinate the construction of new transportation facilities in the Chula Vista Bayfront area, generally described as properties west of Interstate 5 and between E Street and Naples Street. The BFDIF is subject to an annual index-based adjustment. On October 1, 2023, the fee increased from $1,201.25 to $1,286.42 per ADT. The rate per single-family dwelling unit increased from $12,012 to $12,864. Detailed FY 2023-24 financial information is presented in Attachment 1, Schedule C of this report. Page 165 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 4 Traffic Signal Fee The Traffic Signal fee was adopted to finance and facilitate construction of traffic signal improvements required to mitigate increases in traffic volume caused by new development. This citywide fee is assessed per average daily trip generated. The Traffic Signal fee is subject to an annual index-based adjustment. On October 1, 2023, the fee increased from $47.29 to $48.22 per ADT. Detailed FY 2023-24 financial information is presented in Attachment 1, Schedule D of this report. Poggi Canyon Sewer Basin Development Impact Fee The Poggi Canyon Sewer Basin fee was adopted to finance and facilitate construction of the Poggi Canyon Trunk Sewer, serving properties within the benefit area. This fee is applicable to the Poggi Canyon Basin. The fee was established at $400 per Equivalent Dwelling Unit (“EDU”) in 1997. In June 2009, the Poggi Canyon Sewer DIF was updated, and the fee was reduced to $265 per EDU. The City is in the process of preparing a comprehensive update of the Poggi DIF. The fee remains unchanged since the 2009 action. Detailed FY 2023- 24 financial information are presented in Attachment 1, Schedule E of this report. Salt Creek Sewer Basin Development Impact Fee The Salt Creek Sewer Basin fee was adopted to finance and facilitate construction of the Salt Creek Trunk Sewer, serving properties within the benefit area. This fee is applicable to the Salt Creek Sewer Basin, a portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, Wolf Canyon Basin, and a portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. In July 2015, the City Council considered and approved a comprehensive update of the Salt Creek Sewer Basin DIF. The 2015 action confirmed the existing rate of $1,330 per EDU and authorized annual index-based updates. The City is in the process of preparing a comprehensive update of the Salt Creek Sewer DIF. An index-based update was implemented on October 1, 2023, increasing the fee from $1,681 to $1,800 per EDU. Detailed FY 2023-24 financial information is presented in Attachment 1, Schedule E of this report. Otay Ranch Village 1, 2, 5, & 6 Pedestrian Bridge Development Impact Fee The Otay Ranch Village 1, 2, 5, & 6 Pedestrian Bridge DIF was adopted to finance and facilitate construction of pedestrian bridge facilities that will serve the subject villages. A comprehensive update of the fee program was considered and approved by the City Council in December 2015. The 2015 action reduced the fee from $1,114 to $844 per single-family dwelling unit and authorized annual index-based updates. An index-based update was implemented on October 1, 2023, increasing the fee from $1,043 to $1,117 per single-family dwelling unit. Detailed FY 2023-24 financial information is presented in Attachment 1, Schedule F of this report. Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee The Otay Ranch Village 11 Pedestrian Bridge DIF was adopted to finance and facilitate construction of four pedestrian bridges in Otay Ranch Village 11. The Village 11 Pedestrian Bridge DIF is subject to an annual index-based adjustment. On October 1, 2023, the fee increased from $2,960 to $3,170 per single-family dwelling unit. Detailed FY 2023-24 financial information is presented in Attachment 1, Schedule F. Page 166 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 5 Eastern Urban Center (Millenia) Pedestrian Bridge Development Impact Fee The Eastern Urban Center (Millenia) Pedestrian Bridge DIF was adopted to finance and facilitate construction of the Eastlake Parkway Pedestrian Bridge in the Eastern Urban Center (Millenia) project area. The facility has been constructed. The EUC Pedestrian Bridge DIF was established with an initial rate of $615.13 per single-family dwelling unit via Ordinance 3273, adopted in August of 2013. Detailed FY 2023- 24 financial information is presented in Attachment 1, Schedule F of this report. Public Facilities Development Impact Fee (“PFDIF”) The PFDIF was adopted to finance and facilitate construction of public facilities necessary to serve new development. The fee includes six components. All components are subject to an annual index -based adjustment. On October 1, 2023, the combined fee increased from $13,394 to $14,286 per single-family dwelling unit. Detailed FY 2023-24 financial information is presented in Attachment 1, Schedule G of this report. The components of the PFDIF, including current fees per single family dwelling are as follows:  Program Administration ($831) - Administration of the PFDIF program, oversight of expenditures and revenues, preparation of updates, calculation of costs, etc.  Civic Center Expansion ($4,180) - Expansion of the Civic Center per the 1989 Civic Center Master Plan to provide sufficient building space and parking needed to serve new development. The Civic Center Master Plan was updated in July 2001 to include impacts of Otay Ranch development. Project phases included the remodel and expansion of City Hall, remodel of the Public Services Building and remodel of the former Police Facility, Community Development and Legislative Buildings, including associated capital expenses.  Police Facility ($2,315) - Improvements per the Civic Center Master Plan to provide sufficient building space and associated facilities needed to serve new development. Improvements include construction of a new police facility, upgrading the communications center and installation of new communication consoles. This fee also includes the purchase and installation of a computer -aided dispatch system (“CAD”), Police Records Management System, Mobile Data Terminals, and police vehicles.  Corporation Yard ($621) - Relocation of the City’s Public Works Center from the Bayfront area to Maxwell Road. Also includes the purchase of new vehicles and equipment directly attributable to new development and the need to maintain an expanding infrastructure network.  Libraries ($2,403) - Improvements include construction of the South Chula Vista Library and future planned libraries and installation of an automated library system. This component is based on the facility needs identified in the Library Master Plan and is applicable to new residential development only. Page 167 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 6  Fire Suppression System ($2,112) - Projects include the relocation of Fire Stations 3 and 4, construction of a fire training tower and classroom, purchase of a brush rig, installation of a radio communications tower and construction of various fire stations in developing areas of the City. This fee currently reflects the nine-station network called for in the 1999 Fire Station Master Plan. This fee also includes the purchase of fire apparatus for new stations, as required to serve new development.  Recreation Facilities ($1,824) - Component added in November 2002 to build major recreation facilities required to serve new development such as community centers, gymnasiums, swimming pools, and senior/teen centers. This component is based on the facility needs identified in the Park & Recreation Master Plan and is applicable to new residential development only. Although the majority of the public facility project costs are borne by new development, it is important to note that some public facility projects contain both a City and new development cost share. The City share often reflects “joint impetus” projects, which are necessitated by growth and non-growth factors and/or the City’s obligation to correct pre-existing space/equipment deficiencies. The PFDIF fees only relate to new development’s cost share for each component. Parkland Acquisition and Development (“PAD”) Fees The Parkland Acquisition and Development in-lieu fee was adopted by the City to acquire neighborhood and community parkland and to construct parks, including recreational amenities. The acquisition component of the fee is set at $12,676 for areas east of Interstate 805 and $4,994 for areas west of Interstate 805, per single- family dwelling unit. The development component of the fee is applicable citywide and is subject to an annual index-based adjustment. On October 1, 2023, the development component increased from $9,351 to $9,533 per single- family dwelling unit. This action increased the combined fee from $22,027 to $22,209 and from $14,345 to $14,527; for areas east and west of I-805, respectively. The PAD fee is applicable to new residential development only. In fiscal year 2013-14, the fee requirement for hotel and motel developments was eliminated via Ordinance 2014-3303. Detailed FY 2023-24 financial information is presented in Attachment 2 of this report. Trunk Sewer Capital Reserve Fee (“Sewer Capacity”) The Trunk Sewer Capital Reserve fee was established in 1985 by Ordinance 2107 to finance all or a portion of the cost to enlarge sewer facilities to enhance efficiency of utilization and/or adequacy of sewer capacity. The fee program was last comprehensively updated in 2014, decreasing the fee per EDU from $3,478 to $3,450. The 2014 action also authorized annual index-based updates. An index-based update was implemented on October 1, 2023, increasing the fee from $4,361 to $4,671 per EDU. Detailed FY 2023-24 financial information is presented in Attachment 3 of this report. Page 168 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 7 Parking In Lieu Fee Established in 1980, the City’s Parking In Lieu Fee program allows for development projects within the City’s Downtown Parking District to accommodate a portion of their minimum parking requirements off-site. The method for calculating the Parking In Lieu Fee is provided in Resolution No. 1980-9943, and the calculation is based in part on the fair market value of the land needed to accommodate each parking space. Fees collected under this program are for the construction future parking facilities. Detailed FY 2023-24 financial information is presented in Attachment 4 of this report. Interfund Loans On February 17, 2015, the City Council approved an Interfund Loan Policy (the “Policy”), along with a series of resolutions affirming and consolidating various interfund loans between DIF, PAD, and Trunk Sewer Capital Reserve Funds. Pursuant to the Policy, all interfund loans will accrue interest charges equal to the City’s actual pooled cash investment return. During the last fiscal year, staff performed a review of the interest rates to validate the prior year’s quarterly interest rates. This review resulted in some corrections that are reflected in the current schedules. Since the interest is variable and changes quarterly, the report will no longer show interest rates as the applicable rate will vary based upon the City’s actual investment returns. FY 2023-24 Financial Information Detailed FY 2023-24 financial information is presented in the attachments as follows:  Attachment 1, Schedules A through G, reports the required financial information for all DIFs.  Attachment 2 reports the required financial information for the Parkland Acquisition and Development fees.  Attachment 3 reports the required information for the Trunk Sewer Capital Reserve fees.  Attachment 4 reports the required information for the Parking In Lieu Fee. The schedules contain the following:  The amount, description, and purpose of each fee.  Beginning balance as of July 1, 2023.  Fees received during the fiscal year ending June 30, 2024.  Other miscellaneous revenues received during the fiscal year ending June 30, 2024.  Investment earnings from the cash balances available in each fund or from interfund loans during the fiscal year ending June 30, 2024.  Expenditures from each of the funds during the fiscal year ending June 30, 2024.  A description of each capital and non-capital project with expenditures funded entirely or in part by DIF/PAD/Trunk Sewer funds in FY 2023-24 and the percentage of the project funded by this fee through FY 2023-24. More detailed information on capital projects is available in the annual Capital Improvement Program Budget.  Outstanding balances of interfund loans made from DIF/PAD/Trunk Sewer Capital Reserve funds, as of the end of FY 2023-24.  Ending balances as of June 30, 2024, for each fund (unaudited). Page 169 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 8  Identification of an approximate date by which the construction of public improvements will commence. An updated commencement date if the facility did not start construction when it was project, and the reason for the delay. 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 This is an informational report and there is no current-year fiscal impact associated with accepting or rejecting the report. ONGOING FISCAL IMPACT This is an informational report and there is no ongoing fiscal impact associated with accepting or rejecting the report. ATTACHMENTS 1. Schedules A through G: FY 2023-24 Financial Information for all DIFs 2. FY 2023-24 Financial Information for Park Development and Acquisition Fees 3. FY 2023-24 Financial Information for Trunk Sewer Capital Reserve Fees 4. FY 2023-24 Financial Information for Parking In Lieu Fee Staff Contact: Jeremiah Valenzuela, Management Analyst II, Development Services Kimberly Elliott, Facilities Financing Manager, Development Services Laura C. Black, AICP, Director of Development Services Page 170 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FEE DESCRIPTION: To finance the construction of transportation facilities required to mitigate increasing traffic volumes caused by new development in eastern areas of Chula Vista FEE AMOUNT:1,764.70$ per average daily trips (ADT) 17,647.00$ per single family dwelling FY 23/24 BALANCE INFORMATION*:Sub-Fund 590920 EAST TRANS DIF Beginning Balance, 07/01/23 46,620,125 Revenues ETDIF Fees Collected 1,713,458 Interest Earned 1,144,287 Developer Reimbursement 300,000 Total Revenues 3,157,745 Expenditures Other Expenditures - CIP Project Expenditures (849,217) City Staff Services (177,405) Other Expenditures (836,225) Total Expenditures (1,862,847) Ending Balance*, 06/30/24 47,915,023$ *Unaudited ATTACHMENT 1 - SCHEDULE A EASTERN TRANSPORTATION DEVELOPMENT IMPACT FEE (ETDIF) FY 23/24 ACTIVITY Page 171 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FY 23/24 CIP EXPENDITURES: CIP #DIF # Project Name Total Project Budget % Funded by ETDIF Amount Funded by ETDIF 23/24 ETDIF Expenditures ETDIF Expended to- date Initially Scheduled Start Date Status STL0261 61 Willow St Bridge Widening Phs2 20,011,360 17.1%3,419,003 2,691 2,978,769 2000 Construction complete - finalizing mapping STL0444 61 Willow St Bridge Repl Env Mit Compl 400,000 55.7%222,940 6,359 38,548 2019 Construction complete - Enviro Mitigation Ongoing STM0357 60 A/B Main Street (Heritage to Wolf Canyon)674,328 92.6%624,328 1,403 8,168 2004 Ongoing - Study/long term project STM0386 58B Heritage Rd Bridge Improvements 58,549,085 29.9%17,512,095 291,651 1,753,889 2014 In Construction STM0388 56E Main Street Widening (Nirvana to Heritage/Main)8,438,374 100.0%8,438,374 169,187 329,320 2015 In Construction STM0389 58A Heritage Rd Widening (Ent. Circle No to City Bdry)381,431 100.0%381,431 276 114,882 2015 In Construction STM0409 67/68A PID & PRED for SR-125 at Main Street/Otay Lakes Road 530,000 100.0%530,000 31,134 78,375 2021 Ongoing - Study TRF0274 Traffic Count Stations 252,671 71.2%180,000 80 86,750 1990 To be closed out. TRF0325 65 Transportation Planning Program 230,001 100.0%230,001 1,418 146,531 2004 Ongoing TRF0357 60 A/B SR125 Corridor and Arterial Ops 28,950 100.0%28,950 - - 2008 Ongoing TRF0403 63/65 Traffic Signal Comm Improve 1,750,000 100.0%1,750,000 345,018 882,084 2017 In Construction TOTAL:849,217$ FY23/24 INTERFUND LOAN INFORMATION: Outstanding Description of Loan Loan Amount Advance to PFDIF (Fire Suppression) affirmed and consolidated via Council Resolution No. 2015-033 on February 17, 2015 $9,620,520 SCHEDULE A.1 EASTERN TRANSPORTATION DEVELOPMENT IMPACT FEE (ETDIF) FY 23/24 ACTIVITY Page 172 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FEE DESCRIPTION:To finance the construction of transportation facilities required to mitigate increasing traffic volumes caused by new development in western areas of Chula Vista. FEE AMOUNT:532.20$ per average daily trip (ADT) 5,322.00$ per single family dwelling FY 23/24 BALANCE INFORMATION*: Sub-Fund 590922 Western Trans DIF Regional Arterial Sys Beginning Balance, 07/01/23*3,525,240 Revenues WTDIF Fees Collected 256,453 Interest Earned 96,294 Total Revenues - 352,747 Expenditures Other Expenditures (48,859) Total Expenditures - (48,859) Ending Balance*, 06/30/24 3,829,127 * Unaudited Note: Funds 590923, 590924 and 590925 were consolidated with Fund 590922 on March 8, 2022. ATTACHMENT 1 - SCHEDULE B WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF) FY 23/24 ACTIVITY Page 173 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FY 23/24 CIP EXPENDITURES: CIP #DIF # Project Name Total Project Budget % Funded by WTDIF Amount Funded by WTDIF 23/24 WTDIF Expenditures WTDIF Expended to-date Initially Scheduled Start Date Status STL0451 BP-8 Bayshore Bikeway Segment 6A 3,810,000 2.7%104,750 - - 2024 In design TOTAL:-$ SCHEDULE B.1 WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF) FY 23/24 ACTIVITY Page 174 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FEE DESCRIPTION: the Bayfront area of Chula Vista FEE AMOUNT:1,286.42$ per average daily trip (ADT) 12,864.00$ per single family dwelling FY 23/24 BALANCE INFORMATION*:Sub-Fund 590926 BAYFRONT TDIF Beginning Balance, 07/01/23 86,743 Revenues BFDIF Fees Collected - Interest Earned 2,235 Total Revenues 2,235 Expenditures Other Expenditures (28) Total Expenditures (28) Ending Balance*, 06/30/24 88,949$ ATTACHMENT 1 - SCHEDULE C BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEE (BFDIF) FY 23/24 ACTIVITY To finance the construction of transportation facilities required to mitigate increasing traffic volumes caused by new development in *Unaudited Page 175 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FEE DESCRIPTION: FEE AMOUNT:48.22$ per average daily trip (ADT) 482.20$ per single family dwelling FY 23/24 BALANCE INFORMATION*: Sub-Fund 590354 TRAFFIC SIGNAL Beginning Balance, 07/01/23 1,018,780 Revenues Traffic Signal Fees Collected 618,993 Interest Earned 31,253 Total Revenues 650,246 Expenditures CIP Project Expenditures (372,940) City Staff Services (3,825) Other Expenditures (1,077) Total Expenditures (377,842) Ending Balance*, 06/30/24 1,291,185$ To finance the construction of traffic signal improvements required to mitigate increasing traffic volumes caused by new development citywide. *Unaudited ATTACHMENT 1 - SCHEDULE D TRAFFIC SIGNAL DEVELOPMENT IMPACT FEES FY 23/24 ACTIVITY Page 176 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FY 23/24 CIP EXPENDITURES: CIP # Project Name Total Project Budget % Funded by Traffic Signal DIF Amount Funded by Traffic Signal DIF 23/24 Traffic Signal DIF Expenditures Traffic Signal DIF Expended to-date Initially Scheduled Start Date Status TRF0337 Traf Signal Left Turn Mod Prog 128,435 84.4%108,435 490 45,546 2006 Ongoing TRF0354 Traffic Congestion Relief Prog 1,598,260 14.4%230,000 2,089 92,670 2006 Ongoing TRF0366 Trafc Sgnl & Stlight Upgrd/Mtn 2,134,132 20.4%436,000 247,207 399,468 2021 Ongoing TRF0394 Ped Crosswlk Enhancmnt @Uncntr 766,481 40.4%309,602 - 309,062 2015 In Design TRF0398 Trfc Signal @Jacqua St &Main 143,849 65.2%93,849 - 33,217 2015 In Design TRF0400 Signal Retiming of Yellow 399,754 27.5%110,000 45,434 110,000 2017 Process of Closing out TRF0416 Intersection Safety Improvements 1,220,000 18.0%220,000 15,482 15,482 2020 In Design TRF0418 Lead Ped Interval Traf Signal Ops 2,533,900 7.9%200,000 35,334 74,648 2020 Close out phase TRF0430 ADA Pedestrian Push Button Imprvm 300,000 50.0%150,000 - 505 2023 In Design TRF0436 Pedest Hyb Beacon Upgr 4th/Orsett 475,000 84.2%400,000 26,903 26,903 2024 In Design TOTAL:372,940$ SCHEDULE D.1 TRAFFIC SIGNAL DEVELOPMENT IMPACT FEES FY 23/24 ACTIVITY Page 177 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Poggi Canyon Sewer Basin DIF (PC Sewer Basin DIF) Sub-Fund 430766 Salt Creek Sewer Basin DIF (SC Sewer Basin DIF) Sub-Fund 430767 FEES DESCRIPTIONS: Poggi Canyon Sewer Basin DIF: For the construction of a trunk sewer in the Poggi Canyon Sewer Basin from a proposed regional trunk sewer west of I-805 along Olympic Parkway to the boundary the eastern boundary of the Eastlake development. Salt Creek Sewer Basin DIF: For the planning, design, construction and/or financing of the facilities. FEES AMOUNTS: Sub-Fund 430766 Sub-Fund 430767 Poggi Canyon Sewer Salt Creek Sewer Basin DIF Basin DIF Base fee per equivalent dwelling unit (EDU) 265$ 1,800$ 1.0 EDU per single family, attached or detached 265$ 1,800$ 0.79 EDU per multi-family dwelling unit 209$ 1,422$ Commercial land use $265/EDU $1,800/EDU Industrial land use $265/EDU $1,800/EDU ATTACHMENT 1 - SCHEDULE E SEWER DEVELOPMENT IMPACT FEES FY 23/24 ACTIVITY Page 178 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FY 23/24 CASH BALANCE INFORMATION*: Sub-Fund 430766 Sub-Fund 430767 Poggi Canyon Sewer Salt Creek Sewer Basin DIF Basin DIF Beginning Cash Balance, 07/01/2023 3,136,519 2,293,689 Revenues DIF Fees Collected 103,220 955,702 Interest Earned 87,335 86,120 Total Revenues 190,555 1,041,822 Expenditures Interest Expense - (465,740) City Staff Services (9,177) (10,458) CIP Project Expenditures (25,945) (285) Other Expenses (2,340) (2,148) Total Expenditures (37,461) (478,632) Net Balance Sheet Activity (7,001) 456,581 Ending Cash Balance*, 06/30/2024 3,282,612$ 3,313,461$ *Unaudited SCHEDULE E.1 SEWER DEVELOPMENT IMPACT FEES FY 23/24 ACTIVITY Page 179 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FY 23/24 CIP EXPENDITURES: CIP # Total Project Budget % Funded by Sewer DIF Amount Funded by Sewer DIF 23/24 Sewer DIF Expenditures Sewer DIF Expended to-date Initially Scheduled Start Date Status SALT CREEK STM0357 Rock Mtn Rd Heritage-La Media 674,328 6%50,000 285 1,281 2006 Ongoing - Study/long term POGGI DIF SWR0284 Poggi Cyn Trnk Swr Upgrade Rch 298,633 100%298,633 516 3,358 2015 Study SWR0311 Poggi Canyon Swr Imprv Olympic Pkwy 2,193,000 100%2,193,000 25,429 111,561 2020 In design TOTAL:26,230.00$ Project Name SCHEDULE E.2 SEWER DEVELOPMENT IMPACT FEES FY 23/24 ACTIVITY Page 180 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Otay Ranch Village 1, 2, 5 & 6 Pedestrian Bridge DIF (OR Vil 1 & 5 Pedestrian Bridge DIF), Sub-Fund 580940 Otay Ranch Village 11 Pedestrian Bridge DIF (OR Vil 11 Pedestrian Bridge DIF), Sub-Fund 580941 Otay Ranch Millenia Eastern Urban Center Pedestrian Bridge (DIF) ( OR Millenia EUC Pedestrian Bidge DIF), Sub-Fund 580981 FEE DESCRIPTIONS: OR Village 11 Pedestrian Bridge DIF: To finance the construction of pedestrian bridge improvement in Otay Ranch Village 11. OR Millenia EUC Ped Bridge DIF: To finance the construction of pedestrian bridge improvement in OR Millenia (EUC). FEE AMOUNTS: 580940 Sub-Fund 580940 Sub-Fund 580941 Sub-Fund 580981 OR Village 1, 2, 5 & 6 OR Village 11 Millenia EUC Ped Bridge DIF Ped Bridge DIF Ped Bridge DIF 1,117$ 3,170$ 615.13$ per multi-family equivalent dwelling unit 828$ 2,350$ 456.10$ per single family equivalent dwelling unit ATTACHMENT 1 - SCHEDULE F OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE FY 23/24 ACTIVITY OR Village 1 & 5 Pedestrian Bridge DIF: To finance the construction of pedestrian bridge improvement between Otay Ranch Villages 1, 5 & 6. Page 181 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FY 23/24 BALANCE INFORMATION*: Sub-Fund 580940 Sub-Fund 580941 Sub-Fund 580981 OR VILLAGE 1,2,5&6 OR VILLAGE 11 EUC MILLENIA PED BRIDGE DIF PED BRIDGE DIF PED BRIDGE DIF Beginning Fund Balance, 07/01/23 2,836,045 1,938,607 (4,227) Revenues DIF Fees Collected 260,542 - - Interest Earned 79,599 48,195 (384) Total Revenues 340,141 48,195 (384) Expenditures Other Expenditures (2,150) (1,902) - Total Expenditures (2,150) (1,902) - Ending Balance*, 06/30/24 3,174,036 1,984,900 (4,611) SCHEDULE F.1 OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE FY 23/24 ACTIVITY *Unaudited Page 182 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FEE DESCRIPTIONS AND AMOUNTS: Program Administration: Administration of the Public Facilities DIF program, overseeing of expenditures and revenues collected, preparation of updates, calculation of costs, etc. Single-Family $831/DU; Multi-Family $787/DU; Commercial $2,655/Acre; Industrial $839/Acre. Civic Center Expansion: Expansion of the 1989 Civic Center per the Civic Center Master Plan to provide sufficient building space and parking due to growth and development. Single Family $4,180/DU; Multi-Family $3,960/DU; Commercial $13,337/Acre; Industrial $4,214/Acre. Single Family $4,180/DU; Multi-Family $3,960/DU; Commercial $13,337/Acre; Industrial $4,214/Acre. Single-Family $2,315/DU; Multi-Family $2,500/DU; Commercial $10,934/Acre; Industrial $2,357/Acre. Corporation Yard: Relocation of the City's Public Works Center to Maxwell Road and acquisition of equipment. Single-Family $621/DU; Multi-Family $498/DU; Commercial $10,570/Acre; Industrial $4,978/Acre. Single-Family & Multi-Family $2,403/DU. Single-Family $2,112/DU; Multi-Family $1,520/DU; Commercial $5,584/Acre; Industrial $1,111/Acre. Single-Family & Multi-Family $1,824/DU. ATTACHMENT 1 - SCHEDULE G Recreation (Residential Only): Improvements include construction of major recreation facilities needed to serve new development such as community centers, gymnasiums, swimming pools, and senior/teen centers. PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) FY 23/24 ACTIVITY Police Facility: Accommodation of the building space needs per the Civic Center Master Plan, which included the newly constructed police facility, upgrading of the communications center and installation of new communication consoles. Also included is the purchase and installation of a computer aided dispatch system (CAD), Police Records Management System, and Mobile Data Terminals. Libraries (Residential Only): Improvements include construction of the South Chula Vista library and Eastern Territories libraries, and installation of a new automated library system. Fire Suppression System: Projects include the relocation of Fire Stations #3 & #4, construction of a fire training tower and classroom, purchase of a brush rig, installation of a radio communications tower and construction of various fire stations needed to serve new development. Page 183 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FY 23/24 BALANCE INFORMATION *: Police Corp Yard Fire Supp.Rec. Gen. Admin.Civic Center Facility Relocation Libraries System Facilities Sub-Fund Sub-Funds Sub-Fund Sub-Fund Sub-Fund Sub-Fund Sub-Fund 560896 560895/560897 560898 560899 560900 560901 560902 TOTAL Beginning Balance, 07/01/23 8,011,743 1,447,918 (2,234,286) (1,293,332) 26,282,041 (13,698,697) 5,233,846 23,749,233 Revenues DIF Revenues 930,708 4,652,330 2,937,321 616,216 2,802,865 1,829,403 2,118,189 15,887,034 Investment Earnings 998,091 (8,444) 10,842 6,796 (138,136) 24,384 (27,223) 866,311 Proceeds of Long-Term Debt - - - - - - - - Total Revenues 1,928,799 4,643,886 2,948,163 623,012 2,664,730 1,853,787 2,090,966 16,753,345 Expenditures City Staff Services (112,231) - - - - - - (112,231) Other Expenses (17,279) - - - (10,933) (6,857) (2,088) (37,157) Other Capital Expenses (32,425) - - (113,406) - (37,088) - (182,920) CIP Project Expenditures - - - - (14,863,521) (355,521) - (15,219,042) Financed Expenses - - - - - (924,194) - (924,194) Transfers Out (Debt Service)- (2,820,773) (1,573,836) (729,873) - - - (5,124,481) Total Expenditures (161,935) (2,820,773) (1,573,836) (843,279) (14,874,454) (1,323,660) (2,088) (21,600,025) Ending Balance*, 06/30/24 9,778,607$ 3,271,032$ (859,958)$ (1,513,599)$ 14,072,316$ (13,168,570)$ 7,322,725$ 18,902,552$ *Unaudited SCHEDULE G.1 PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) FY 23/24 ACTIVITY Page 184 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FY 23/24 CIP EXPENDITURES: CIP #DIF #Project Name Total Project Budget % Funded by PFDIF Amount Funded by PFDIF 23/24 PFDIF Expenditures PFDIF Expended to-date Initially Scheduled Start Date Status GGV0267 LBNew1 Cinematic Arts Academy & Library 96,413,391 33%31,780,433 14,863,521 16,511,152 2023 Under Construction GGV0273 Temporary Fire Station 11 7,756,919 79%6,138,474 355,521 355,521 2024 In design TOTAL:15,219,042$ PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) FY 23/24 ACTIVITY SCHEDULE G.2 Page 185 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FEE DESCRIPTION:In lieu fee for providing neighborhood and community park sites and facilities. Acquisition Development Total Areas East of I-805 Fee Fee Fee FEE AMOUNT:$12,676 $9,533 $22,209 per single family dwelling unit $9,408 $7,076 $16,484 per multi-family dwelling unit $5,932 $4,461 $10,393 per mobile home dwelling unit Areas West of I-805 FEE AMOUNT:$4,994 $9,533 $14,527 per single family dwelling unit $3,707 $7,076 $10,783 per multi-family dwelling unit $2,337 $4,461 $6,798 per mobile home dwelling unit FY 23/24 BALANCE INFORMATION *:FUND 715 FUND 716 PAD FUND WPAD FUND Beginning Balance, 07/01/23 52,430,647 (6,537,887) Revenues Park Dedication Fees 1,562,980 135,464 Interest Earned 1,374,243 97,829 Total Revenues 2,937,223 233,293 Expenditures Interest Expense - (628,344) Other Expenditures (31,690) (9,867) Total Expenditures (31,690) (638,211) Ending Balance*, 06/30/2024 55,336,180$ (6,942,805)$ *Unaudited ATTACHMENT 2 PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES) FY 23/24 ACTIVITY Page 186 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FY 23/24 CIP EXPENDITURES: CIP # Total Project Budget % Funded by PAD Amount Funded by PAD 23/24 PAD Expenditures PAD Expended to- date Initially Scheduled Start Date Status PAD EAST REC0261 Otay Ranch Community Park 1,500,162$ 100.0%1,500,162$ -$ 162$ 2008 Master Planning delayed TOTAL:-$ FY 23/24 INTERFUND LOAN INFORMATION: Outstanding Description of Loan:Loan Amount Advance from Eastern PAD Fund to Western PAD Fund affirmed and consolidated via Council Resolution No. 2015-034 on February 17, 2015 $10,861,242 Project Name ATTACHMENT 2.1 PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES) FY 23/24 ACTIVITY Page 187 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda For the enlargement of sewer facilities of the City so as to enhance efficiency of utilization and/or adequacy of capacity and for planning and/or evaluating any future proposals for area wide sewage treatment and or water reclamation systems or facilities. FEE AMOUNT:4,671$ per equivalent dwelling unit (EDU) FY 23/24 CASH BALANCE INFORMATION *: FUND 413 TRUNK SEWER (TS) Beginning Cash Balance, 07/01/23 77,175,064 Revenues Interest Earned 2,640,881 Sewerage Facility Participant Fees 4,859,064 Transfer In - Total Revenues 7,499,945 Expenditures CIP Project Expenditures (4,416,677) Transfers Out (31,668) Other Expenditures (25,591) Total Expenditures (4,473,936) Net Balance Sheet Activity 818,612 Ending Cash Balance*, 06/30/24 81,019,685$ *Unaudited ATTACHMENT 3 TRUNK SEWER CAPITAL RESERVE FY 23/24 ACTIVITY FEE DESCRIPTION: (SEWER CAPACITY FEES) Page 188 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FY 23/24 EXPENDITURES: CIP # Total Project Budget % Funded by Sewer Fees Amount Funded by Sewer Fees 23/24 Sewer Fee Expenditures Sewer Fees Expended to-date Initially Scheduled Start Date Status SWR0274 1,493,966 100.0%1,493,966 1,307 7,324 2013 Ongoing - Study SWR0275 7,907,445 100.0%7,907,445 1,680,047 2,714,223 2013 Construction award 10/2024 SWR0290 949,839 100.0%949,839 - 27,078 2014 Ongoing - Study SWR0291 1,899,224 5.2%99,224 17,719 94,423 2015 In design SWR0309 G Street Pump Station Upgrade 7,975,498 65.5%5,225,498 506,331 506,332 2019 In construction SWR0321 14,793,055 85.8%12,698,055 2,211,274 5,442,274 2019 In construction TOTAL:4,416,677$ FY 23/24 INTERFUND LOAN INFORMATION: Outstanding Description of Loan:Loan Amount $19,284,732 $0 $0 $0 Note: As of June 30, 2024, the loan balances associated with the December 6, 2022 advances are zero, as there have been no drawdowns on these loans to date. Advance to Developer Contribution- Economic Development authorized up to $11,000,000 Approved via Council Resolution No. 2022-275 on December 6, 2022 Advance to Developer Contribution- Public Benefit Fund authorized up to $22,132,958 Approved via Council Resolution No. 2022-275 on December 6, 2022 Advance to PFDIF (Library) authorized up to $8,880,443 Approved via Council Resolution No. 2022-275 on December 6, 2022 affirmed and consolidate via Council Resolution No. 2015-029 on February 17,2015 Project Name East H St Sewer Main Upsize Reline Force Mn @G St Pump Stn TlgrphCyn BsnSwr Imprv5th&I-5 J St Junction Box Swr Study RIDA Bayfront Sewer Improvements Advance to Salt Creek Sewer DIF SCHEDULE 3.1 TRUNK SEWER CAPITAL RESERVE (SEWER CAPACITY FEES) FY 23/24 REVENUES AND EXPENDITURES Page 189 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Parking in Lieu Fee, Sub Fund 243358 FEE DESCRIPTION: Parking in Lieu Fee:The in-lieu parking fee is required for projects that cannot accommodate required parking on-site. Funds are used for the purchase and/or development of parking sites. FEE AMOUNT:Fee charge based on calculation in Resolution 1980-9943. FY 23/24 FUND BALANCE INFORMATION*: Sub-Fund 243358 Parking in Lieu Fee Beginning Fund Balance, 07/01/2023 255,931 Revenues DIF Fees Collected 13,125 Investment Earnings 6,973 Total Revenues 20,098 Expenditures Other Expenses (87) Total Expenditures (87) Ending Fund Balance*, 06/30/2024 275,942$ *Unaudited PARKING IN LIEU FEE ATTACHMENT 4 FY 23/24 ACTIVITY Page 190 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 03 P a g e | 1 December 3, 2024 ITEM TITLE Board, Commission, and Committee Terms: Accept the Local Appointments List of Terms Expiring in 2025 Report Number: 24-0269 Location: No specific geographic location Department: City Clerk G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Adopt a resolution accepting the 2025 Local Appointments List for board, commission, and committee terms expiring in calendar year 2025. SUMMARY The Maddy Act (Government Code section 54970 et seq.) requires a “Local Appointments List,” containing information about all boards, commissions, and committees appointed by the City Council, as well as all board, commission, and committee terms expiring in the following year, be prepared by December 31 of each year and made available to the public. By adopting the proposed resolution, the City Council will accept the 2025 Local Appointments List and direct the City Clerk to post it and make it available to the public, as required. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 191 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 DISCUSSION The Maddy Act (Government Code section 54972, et seq.) was enacted to provide public awareness of opportunities for citizen participation on boards, commissions, and committees. The Maddy Act requires, in part, that on or before December 31 of each year, the City Council must prepare a “Local Appointments List” of all regular and ongoing boards, commissions, and committees the City Council appoints. The Local Appointments List must contain the following information: (a) a list of all appointive terms that will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and (b) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position. The purpose of this list is to provide the public with information, such as seat qualifications and term expirations, so that they may have an opportunity to participate in and contribute to the operations of local governments by serving on such boards, commissions, and committees. In addition to posting the Local Appointments List at City Hall and the Civic Center Library, the City Clerk also makes the list available on the City’s website. By adopting the proposed resolution, the City Council accepts the 2025 Local Appointments List (Exhibit 1) and directs the City Clerk to post the list and make it available to the public, as required. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific, and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City 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 as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS 1. Exhibit 1 – 2025 Local Appointment List Staff Contacts: Karina Lafarga, Deputy City Clerk Audrey Malone, Deputy Director, City Clerk Services Kerry K. Bigelow, MMC, City Clerk Page 192 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2025 LOCAL APPOINTMENTS LIST FOR BOARD, COMMISSION, AND COMMITTEE TERMS EXPIRING IN CALENDAR YEAR 2025 WHEREAS, the Maddy Act (California Government Code section 54970, et seq.) requires a “Local Appointments List,” containing information about all boards, commissions, and committees appointed by the City Council, as well as all board, commission, and committee terms expiring in the following calendar year, be prepared by December 31 of each year and made available to the public; and WHEREAS, the City Clerk has prepared the 2025 Local Appointments List, attached hereto as Exhibit 1, in accordance with the Maddy Act, which includes board, commission, and committee terms expiring in calendar year 2025. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts the 2025 Local Appointments List (Exhibit 1) and directs the City Clerk to post the list and make it available to the public, in accordance with best practices and as required by the Maddy Act. Presented by Approved as to form by Kerry K. Bigelow, MMC Marco A. Verdugo City Clerk City Attorney Page 193 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev 9/30/2024 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 1 of 12 City of Chula Vista Boards and Commissions Local Appointment List Terms Expiring on June 30, 2025 Except as provided in the City of Chula Vista Charter Article VI, section 602(D) and Chula Vista Municipal Code (CVMC) Title 2, candidates must be residents of Chula Vista and at least 18 years of age. Name Appointment Criteria Appointment Date Board of Appeals and Advisors Vacant – Doria, Jose Shall be qualified by training and experience to pass on matters pertaining to building construction, including applicable building codes, regulations, and ordinances. 06/20/17 Board of Ethics Gersten, William No person shall be appointed as a member of the Board of Ethics or shall be entitled to retain their membership if he or she, within the past 10 years prior to the date of appointment, has been convicted of any felony or a crime involving moral turpitude, has been found to have committed a criminal violation of the Fair Political Practices Act, or has a conflict of interest as defined in CVMC § 2.28.050(C). 09/27/22 Board of Library Trustees Vacant – Clark, James (Standard qualifications only) 03/07/23 Vacant – Youth Advisory Member Must be a resident of the City of Chula Vista and between 16 and 22 years of age. No Previous Appointment Charter Review Commission Buddingh, Jan (Standard qualifications only) 07/24/18 Hopida, Edgar 08/15/17 Inzunza, Michael 10/20/20 Civil Service Commission Carbuccia, Jennifer (Standard qualifications only) 02/04/16 Strong, Andrew 04/18/23 Page 194 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev 9/30/2024 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 2 of 12 Cultural Arts Commission Jing, Sanja Must be a resident of the City of Chula Vista and between 16 and 22 years of age. 10/08/24 Sablan, Felix Shall be appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines. 07/16/24 Health, Wellness, and Aging Commission Montano, Monica Must have expertise and experience in at least one of the focus areas of the Healthy Chula Vista Action Plan or the Age-Friendly Action Plan: land use, transportation, nutrition, health care, physical activity, environment, and/or older adults 03/01/22 Murphy, Morgan Must be a resident of the City of Chula Vista and between 16 and 22 years of age. 07/16/2024 Orozco-Valdivia, Barbara Must have expertise and experience in at least one of the focus areas of the Healthy Chula Vista Action Plan or the Age-Friendly Action Plan: land use, transportation, nutrition, health care, physical activity, environment, and/or older adults 01/05/21 Housing and Homelessness Advisory Commission Cabral, Anna (Standard qualifications only) 08/15/17 Merino, James Must have expertise and experience in at least one of the following fields: lending, urban planning, real estate development, and real estate brokerage. 08/16/16 Robinson Opeodu, Vikki 12/14/21 Human Relations Commission Gomez, Christian Must be a resident of the City of Chula Vista and between 16 and 22 years of age. In addition to being: 1) representative of the diversity of the city; 2) specifically chosen to reflect the interests and concern with the protection of civil liberties of all people who make up the City’s residents; 3) committed to fostering better human relations in the City of Chula Vista; and 4) associated with the business and/or civic activities of the city. 05/16/23 Hecklinski, Tiffany District 2 Representative - Must reside in the City Council district they wish to represent and shall maintain their residency in their respective City Council district for the duration of their terms. In addition to being: 1) representative of the diversity of the city; 2) specifically chosen to reflect the interests and concern with the protection of civil liberties of all people who make up the City’s residents; 3) committed to fostering better human relations in the City of Chula Vista; and 4) associated with the business and/or civic activities of the city. 04/23/24 Olaoye, Mopelola District 3 Representative - Must reside in the City Council district they wish to represent and shall maintain their residency in their respective City Council district for the duration of their terms. In addition to being: 1) representative of the diversity of the city; 2) specifically chosen to reflect the interests and concern with the protection of civil liberties of all people who make up 07/27/21 Page 195 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev 9/30/2024 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 3 of 12 the City’s residents; 3) committed to fostering better human relations in the City of Chula Vista; and 4) associated with the business and/or civic activities of the city. Measure A Citizens' Oversight Committee Becotte, Paul District 3 Representative - Must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. 05/11/21 Cruz, Lea District 2 Representative - Must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. 11/01/22 Roberts, Darrell Chula Vista International Association of Fire Fighters Representative - Must be an active member of the association. 09/20/18 Vacant – Rivera, Frank Chula Vista Mid-Managers Professional Employees Representative - Must be an active member of the association. 05/11/21 Measure P Citizens' Oversight Committee Clark, David District 4 Representative - Must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. 09/10/24 Enriquez, Nicole Parks and Recreation Commission Representative - Must be a member of the specified commission. 04/13/21 Freels, Mona (Standard qualifications only) 03/02/17 Garcias, David San Diego & Imperial Counties Labor Council Representative - Must be an active member of the association. 03/02/17 Ilyas, Saad District 3 Representative - Must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. 04/13/21 Korgan, Christos Sustainability Commission Representative - Must be a member of the specified commission. 09/10/24 Martinez, Greg District 1 Representative - Must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. 11/28/18 Rahimzadeh, Sassan Chula Vista Chamber of Commerce Representative - Must be an active member and have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction). 09/10/24 Redo, Christopher District Repre2 Representative - Must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. 03/02/17 Parks and Recreation Commission Wellborn III, Johnnie Must be a resident of the City of Chula Vista and between 16 and 22 years of age. 10/08/24 Page 196 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev 9/30/2024 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 4 of 12 Zarem, John District 1 Representative - Must reside in the City Council district they wish to represent and maintain their district residency throughout their tenure. 06/28/17 Planning Commission Burroughs, Krista (Standard qualifications only) 06/28/17 Combs, Jim Should be persons sensitive to design consideration and interested in townscape matters. Persons qualified for these seats should include architects, landscape architects, land planners, urban planners, civil engineers, and other design professionals with suitable experience. 09/20/22 Privacy Protection and Technology Advisory Commission Batson, Marlano District representatives are not required to reside in the corresponding district. Should have expertise and background in at least one of the following fields: 1. Information Technology and Data Security: Experience and/or expertise in cyber security and sensitive personal information management and protection. 2. Privacy Protection: Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/or govt transparency. 3. Accounting and Finance: Experience and/or professional credentials in contracting, procurement, public auditing, control, compliance, and/or general oversight professional services. Public Safety: Experience and/or expertise in federal, state, or local government public safety functions and operations. 4. Equity and Civil Rights: Experience or legal background in advocacy for marginalized groups and communities who traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture, or ethnic background. 5. Equity and Civil Rights: Experience or legal background in advocacy for marginalized groups and communities who traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture, or ethnic background. The City Manager or designee with expertise in the fields described shall have the opportunity to review applications and provide input on the applicant’s qualifications, which shall be considered by the Mayor or City Councilmember before a nomination is made. Nonresidents may be appointed if they own and operate a business and/or property with a physical address in the City. Appointment of nonresident members requires a 4/5 vote. 01/09/24 Pulido, Richard 10/08/24 Sustainability Commission Costello, Abigail Must be a resident of the City of Chula Vista and between 16 and 22 years of age. 02/13/2024 Knox, John (Standard qualifications only) 03/07/23 Korgan, Christos 07/09/19 Wu, David Must be a resident of the City of Chula Vista and between 16 and 22 years of age. 09/10/2024 Page 197 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev 9/30/2024 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 5 of 12 Traffic Safety Commission Flores, Ed (Standard qualifications only) 04/12/22 Luke, Arnold (Standard qualifications only) 04/26/22 Veterans Advisory Commission Castro, Francia (Standard qualifications only) 07/25/23 Pine, Lynne 12/07/21 Page 198 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev 9/30/2024 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 6 of 12 APPOINTMENT PROCESS AND QUALIFICATIONS BY SEAT City of Chula Vista Boards and Commissions Standard Qualifications: Except as provided in the City of Chula Vista Charter Article VI, section 602(D) and Chula Vista Municipal Code (CVMC) Title 2, candidates must be residents of Chula Vista and at least 18 years of age. *Appointment Process Key: A – General Appointment Process – CVMC 2.25.052(A) B – Full Council Interview Process – CVMC 2.53 C – District-Based Appointment Process – CVMC 2.25.052(C) D – Designated Member Appointment Process – CVMC 2.25.052(D) O – Other (defined in Municipal Code or governing document) Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications Board of Appeals and Advisors – 3 to 5 Voting Members (CVMC § 2.26.040) 3 to 5 Members At-Large Mayor/A Shall be qualified by training and experience to pass on matters pertaining to building construction, including applicable building codes, regulations, and ordinances. Board of Ethics – 7 Voting Members (CVMC § 2.28.050) 7 Members At-Large Panel of Members of Board of Ethics and Charter Review/ O No person shall be appointed as a member of the Board of Ethics or shall be entitled to retain their membership, if he or she, within the past 10 years prior to the date of appointment, has been convicted of any felony or a crime involving moral turpitude, has been found to have committed a criminal violation of the Fair Political Practices Act, or has a conflict of interest as defined in CVMC § 2.28.050(C). Board of Library Trustees – 5 Voting Members, 1 Non-Voting Member (Charter Sec. 605/CVMC § 2.45.040) 5 Members At-Large Mayor/A (Standard qualifications only) 1 Member Youth Member (non-voting) Mayor/A Must be a resident of the City of Chula Vista and between 16 and 22 years of age. Charter Review Commission – 7 Voting Members (CVMC § 2.29.040) 7 Members At-Large Mayor/A (Standard qualifications only) Page 199 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev 9/30/2024 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 7 of 12 Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications Civil Service Commission – 5 Voting Members (Charter Sec 606/CVMC § 2.43.040) 2 Members At-Large Mayor/A (Standard qualifications only) 1 Member Nomination by Commission Civil Service Commission/O 2 Members Nom by Classified Employees Classified Employees/O Cultural Arts Commission – 9 Voting Members, 1 Non-Voting Member (CVMC § 2.33.040) 3 Members At-Large Mayor/A Must demonstrate competence, knowledge, and experience in cultural arts 6 Members Arts Professional Mayor/A Shall be appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines. 1 Member Youth Member (non-voting) Mayor/A Must be a resident of the City of Chula Vista and between 16 and 22 years of age. Health, Wellness, and Aging Commission – 9 Voting Members, 1 Non-Voting Member (CVMC § 2.47.040) 1 Member District 1 Representative District 1 Councilmember/C Must reside in the City Council district they wish to represent and shall maintain their residency in their respective City Council district for the duration of their terms. 1 Member District 2 Representative District 2 Councilmember/C 1 Member District 3 Representative District 3 Councilmember/C 1 Member District 4 Representative District 4 Councilmember/C 5 Members Expert Representatives Mayor/A Must have expertise and experience in at least one of the focus areas of the Healthy Chula Vista Action Plan or the Age-Friendly Action Plan: land use, transportation, nutrition, health care, physical activity, environment, and/or older adults 1 Member Youth Member (non-voting) Mayor/A Must be a resident of the City of Chula Vista and between 16 and 22 years of age. Housing and Homelessness Advisory Commission– 7 Voting Members, 2 Non-Voting Members (CVMC § 2.35.040) 2 Members At-Large Mayor/A (Standard qualifications only) 3 Members Expert Representatives Mayor/A Must have expertise and experience in at least one of the following fields: lending, urban planning, real estate development, and real estate brokerage. 1 Member Tenant Rep (62 years or older) Mayor/A Must be appointed as representatives of tenants of the Housing Authority, and must, at the time of their appointments and throughout their terms, reside in assisted housing or receive Section 8 rental housing assistance from the Housing Authority; one of these two members shall be 62 years of age or older. 1 Member Tenant Representative Mayor/A 2 Members Ex-Officio (non-voting) Mayor/A (Standard qualifications only; residency in Chula Vista not required) Human Relations Commission – 11 Voting Members, 1 Non-Voting Member (CVMC § 2.36.040) Page 200 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev 9/30/2024 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 8 of 12 Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications 2 Members District 1 Representative District 1 Councilmember/C Must reside in the City Council district they wish to represent and shall maintain their residency in their respective City Council district for the duration of their terms. In addition to being: 1) representative of the diversity of the city; 2) specifically chosen to reflect the interests and concern with the protection of civil liberties of all people who make up the City’s residents; 3) committed to fostering better human relations in the City of Chula Vista; and 4) associated with the business and/or civic activities of the city. 2 Members District 2 Representative District 2 Councilmember/C 2 Members District 3 Representative District 3 Councilmember/C 2 Members District 4 Representative District 4 Councilmember/C 4 Members At-Large Mayor/A Must be: 1) representative of the diversity of the city; 2) specifically chosen to reflect the interests and concern with the protection of civil liberties of all people who make up the City’s residents; 3) committed to fostering better human relations in the City of Chula Vista; and 4) associated with the business and/or civic activities of the city. 1 Member Youth Member (non-voting) Mayor/A Must be a resident of the City of Chula Vista and between 16 and 22 years of age. In addition to being: 1) representative of the diversity of the city; 2) specifically chosen to reflect the interests and concern with the protection of civil liberties of all people who make up the City’s residents; 3) committed to fostering better human relations in the City of Chula Vista; and 4) associated with the business and/or civic activities of the city. Measure A Citizens' Oversight Committee – 11 Voting Members (CVMC § 2.63.050) 1 Member District 1 Representative District 1 Councilmember/C Must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. 1 Member District 2 Representative District 2 Councilmember/C 1 Member District 3 Representative District 3 Councilmember/C 1 Member District 4 Representative District 4 Councilmember/C 1 Member Police Chief Representative Police Chief/D (Standard qualifications only) 1 Member Fire Chief Representative Fire Chief/D 1 Member CV Mid-Managers Professional Employees (MM/PROF) Rep MM/PROF/D Must be an active member of the association. 1 Member CV Police Officers Association (POA) Representative POA/D 1 Member CV International Association of Fire Fighters (IAFF) Rep IAFF/D 1 Member Association of Chula Vista Employees (ACE) Representative ACE/D 1 Member Chamber of Commerce Rep Chamber of Commerce/D Measure P Citizens' Oversight Committee – 9 Voting Members (CVMC § 2.61.050) Page 201 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev 9/30/2024 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 9 of 12 Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications 1 Member District 1 Representative District 1 Councilmember/C Must reside in the City Council district they wish to represent and must maintain their district residency throughout their tenure. 1 Member District 2 Representative District 2 Councilmember/C 1 Member District 3 Representative District 3 Councilmember/C 1 Member District 4 Representative District 4 Councilmember/C 1 Member At-Large Mayor/A (Standard qualifications only) 4 Members (Representatives rotate through the six nominating authorities) Parks & Recreation Comm Rep Parks & Recreation Comm/D Must be a member of the specified commission. Sustainability Commission Rep Sustainability Commission/D San Diego & Imperial Counties Labor Council Representative San Diego & Imperial Counties Labor Council/D Must be an active member of the association. Alliance of Californians for Community Empowerment Rep Alliance of Californians for Community Emp/D CV Chamber of Commerce Rep Chamber of Commerce/D Must be an active member and have expertise and experience in at least one of the following areas: accounting, finance, engineering, or a related discipline (including construction). SD Taxpayers Association Rep SD Taxpayers Association/D Parks and Recreation Commission – 7 Voting Members, 1 Non-Voting Member (Charter Sec 607/CVMC § 2.41.040) 3 Members At-Large Mayor/A (Standard qualifications only) 1 Member District 1 Representative District 1 Councilmember/C Must reside in the City Council district they wish to represent and maintain their district residency throughout their tenure. 1 Member District 2 Representative District 2 Councilmember/C 1 Member District 3 Representative District 3 Councilmember/C 1 Member District 4 Representative District 4 Councilmember/C 1 Member Youth Member (non-voting) Mayor/A Must be a City of Chula Vista resident between 16 and 22 years of age. Planning Commission – 7 Voting Members (Charter Sec 604/CVMC § 2.42.030) 4 Members At-Large Full Council/B (Standard qualifications only) 3 Members Qualified Professionals Full Council/B Should be persons sensitive to design consideration and interested in townscape matters. Persons qualified for these seats should include architects, landscape architects, land planners, urban planners, civil engineers, and other design professionals with suitable experience. Privacy Protection and Technology Advisory Commission – 7 Voting Members, 1 Non-Voting Member (CVMC § 2.65.050) Page 202 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev 9/30/2024 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 10 of 12 Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications 3 Members At-Large Mayor/A District representatives are not required to reside in the corresponding district. Should have expertise and background in at least one of the following fields: 6. Information Technology and Data Security: Experience and/or expertise in cyber security and sensitive personal information management and protection. 7. Privacy Protection: Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/or govt transparency. 8. Accounting and Finance: Experience and/or professional credentials in contracting, procurement, public auditing, control, compliance, and/or general oversight professional services. 9. Public Safety: Experience and/or expertise in federal, state, or local government public safety functions and operations. 10. Equity and Civil Rights: Experience or legal background in advocacy for marginalized groups and communities who traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture, or ethnic background. The City Manager or designee with expertise in the fields described shall have the opportunity to review applications and provide input on the applicant’s qualifications, which shall be considered by the Mayor or City Councilmember before a nomination is made. Nonresidents may be appointed if they own and operate a business and/or property with a physical address in the City. Appointment of nonresident members requires a 4/5 vote. 1 Member District 1 Representative District 1 Councilmember/C 1 Member District 2 Representative District 2 Councilmember/C 1 Member District 3 Representative District 3 Councilmember/C 1 Member District 4 Representative District 4 Councilmember/C 1 Member Ex Officio (non-voting), nominated by City Manager City Manager/D Redistricting Commission – 7 Voting Members (Charter Sec. 903/CVMC § 2.51.050) 4 Members At-Large Charter Review Commission Selects a Pool of 10 Candidates; 4 Members are Selected by Random Drawing/O Must be a registered voter in the City of Chula Vista. Ineligible to apply for and serve on the Commission: (a) the Mayor, a Councilmember, any other elected City official, or a member of the City Charter Review Commission; (b) a relative by blood or marriage within the second degree, or any domestic partner within the meaning of California law (including Family Code section 297), of the Mayor, any Councilmember, or any other elected City official; (c) a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as the Mayor, a Councilmember, or an elected City official; (d) a current employee of the City or a current employee of any Page 203 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev 9/30/2024 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 11 of 12 Number of Members Seat Type Nominating Party/ Appointment Process* Additional Qualifications 3 Members At-Large Seated Redistricting Commission Members Select from the Remaining Pool of Candidates/O organization representing any employee bargaining unit for employees of the City; (e) a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has worked as a lobbyist. For purposes of this provision, the term “lobbyist” means a person who, for compensation, has direct communication with a City official, including the Mayor, a Councilmember, or any elected City official, for purposes of influencing a municipal decision; (f) a person who is currently an officer in any local political party organization, including, but not limited to, officers of a political party county central committee; and (g) a person who, at any time within the four (4) years immediately preceding the date of their application for selection to the Commission, has served as a paid campaign worker or paid campaign or political consultant for an elected City official. Sustainability Commission – 7 Voting Members, 2 Non-Voting Members (CVMC § 2.32.060) 7 Members At-Large Mayor/A (Standard qualifications only) 2 Members Youth Member (non-voting) Mayor/A Must be a resident of the City of Chula Vista and between 16 and 22 years of age. Traffic Safety Commission – 7 Voting Members (CVMC § 2.44.030) 7 Members At-Large Mayor/A (Standard qualifications only) Veterans Advisory Commission – 7 Voting Members (CVMC § 2.39.40) 7 Members At-Large Mayor/A (Standard qualifications only) Page 204 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev 9/30/2024 To apply for a position or for information on the specific duties of a board or commission, please visit our website at www.chulavistaca.gov/boards or contact the City Clerk, 276 Fourth Ave, Chula Vista, CA 91910, 619-691-5041. Page 12 of 12 Regional Boards Regional Boards are comprised of representatives from various San Diego cities and agencies. The Chula Vista City Council or City boards or commissions appoint one or more members to these boards; however, the city does not operate these boards. Wildlife Advisory Group – 4 Members Total (Resolution 2016-231) 1 Member Southwest Representative Mayor/A Resident south of L St and west of La Media/Otay Lakes Rd Must demonstrate involvement in one or more of the following areas: 1. Wildlife-related issues such as habitat restoration or wildlife management. 2. Ecology, biology, chemistry, water quality or watershed protection. 3. Ecosystem management and restoration. 4. Nature-based or environmental education and similar fields. 5. Wildlife rehabilitation and/or predator management. 1 Member Northwest Representative Mayor/A Resident north of L St. and west of La Media/Otay Lakes Rd 1 Member Southeast Representative Mayor/A Resident of area east of La Media/ Otay Lakes Rd 1 Member Sustainability Commission Rep Sustainability Commission/O Must be a member of the Sustainability Commission. Bayfront Cultural & Design Committee – 3 Members Total (Bayfront Settlement Agreement Section 13.1) 1 Member Planning Commission Rep Planning Commission/O Must be a member of the specified commission. 1 Member Planning Commission Rep Planning Commission/O 1 Member Sustainability Commission Rep Sustainability Commission/O Page 205 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 0 5 P a g e | 1 December 3, 2024 ITEM TITLE Animal Sheltering Services: Approve an agreement between City of Chula Vista and City of National City for Animal Sheltering Services Report Number: 24-0301 Location: No specific geographic location Department: Animal Services G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving an agreement between the City of Chula Vista and City of National City to provide animal sheltering services for up to 5 years, beginning July 1, 2024. SUMMARY The City of Chula vista has provided animal sheltering and medical services for the City of National City since 1987. National City desires to continue having Chula Vista’s Animal Care Facility provide shelter and medical services to the City of National City and its residents effective July 1, 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 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. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable Page 206 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 DISCUSSION Since 1987, the City of National City has contracted with the City of Chula Vista’s Animal Services to provide shelter and medical services to its residents. The City of National City desires to continue to contract for these services. The City of National City’s Council approved the attached agreement on November 19, 2024. The City of National City conducts its own Animal Control and licensing functions through their Police Department. Animal Regulations Officers from the City of National City use the Animal Care Facility for shelter services to impound stray, confiscated and surrendered domestic animals and provide related medical services. Residents of National City also bring stray and surrendered animals to the Animal Care Facility. The attached agreement is for a one-year team effective July 1, 2024, with four additional one-year options to extend. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of the resolution results in no additional fiscal impact to the General Fund. The expenditures to provide these services to National City are included in the Fiscal Year 2024-25 Adopted Budget. ONGOING FISCAL IMPACT There is no new ongoing fiscal impact to the General Fund resulting from approval of this resolution as the appropriation is fully offset by the revenue generated through this contract. Future allocations for these costs will be considered as part of the annual budget process. ATTACHMENTS 1. National City Animal Sheltering Services Agreement Staff Contact: Ashley Milo, Deputy Director of Animal Services Page 207 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE NATIONAL CITY ANIMAL SERVICES AGREEMENT BETWEEN THE CITY AND CITY OF NATIONAL CITY WHEREAS, the City of National City has contracted with Chula Vista Animal Services to provide shelter and medical service to its residents since 1987; and WHEREAS, The City of National City desires to continue to contract for these services for a one-year term, with 4 options to extend, for a total of up to 5 years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the National City Animal Services Agreement between the City and City of National City, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute same. Presented by Approved as to form by Ashley Milo Marco A. Verdugo Deputy Director of Animal Services City Attorney Page 208 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 1 City of Chula Vista Agreement No.: 2024-2501 Animal Control Services: CITY OF NATIONAL CITY CITY OF CHULA VISTA AGREEMENT WITH CITY OF NATIONAL CITY TO PROVIDE ANIMAL SHELTER SERVICES This Agreement is entered into effective as of July 1, 2024 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and CITY OF NATIONAL CITY, a California municipal corporation) (“National City”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City owns and operates an animal care facility, located at 130 Beyer Way, Chula Vista, California and provides a full range of animal control services to the citizens of Chula Vista; and WHEREAS, on June 16, 2020, National City entered into an agreement of up to four (4) years with City for City to provide animal shelter services for the impounding, adoption, redemption, and the care and disposition of dogs, cats, and other small animals; and WHEREAS, National City desires to enter into a new agreement with City, for City to continue to provide animal shelter services for the impounding, adoption, redemption, and the care and disposition of dogs, cats, and other small animals; and WHEREAS, City has the authority to enter into contracts with other agencies to provide such services. OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and National City hereby agree as follows: 1. TERM 1.1 Term. This Agreement shall commence on the Effective Date and shall terminate, subject to Sections 8.1 and 8.2 of this Agreement, one (1) year after the Effective Date; provided, however, provisions which expressly survive termination shall remain in effect. This Agreement may be extended in accordance with Exhibit A, Section 5. 2. SERVICES 2.1 Services. City shall provide general animal shelter, and related administrative services to the residents of National City to the extent and in the manner set forth herein. A. Shelter Services. City shall provide the shelter services (“Shelter Services”) to the residents of National City in the manner and type described below: (1) Shelter Location. Shelter Services shall be provided at the facility located in the City of Chula Vista at 130 Beyer Way (“Facility”). Page 209 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2 City of Chula Vista Agreement No.: 2024-2501 Animal Control Services: CITY OF NATIONAL CITY (2) Hours of Operation. The Facility hours are 10:00am to 5:00pm, Tuesday through Friday, and 10:00am to 4:00pm on Saturday, and the Facility is closed daily from 12pm to 1pm. The Facility is closed on Sunday, Monday, and all major holidays. a. City shall notify National City of changes to Facility hours in advance of such changes. (3) Types of Services. a. Strays. City shall accept strays at no charge to the National City residents. b. Relinquishing Animals. National City residents may relinquish owned animals to the facility for euthanasia or adoption as space allows. There is a fee to the customer for the service. c. Redeeming Animals. National City residents may redeem animals from the facility. d. Holding. City agrees to hold all dogs and cats for the minimum holding period required by the California Food and Agricultural Code and other applicable state law. In accordance with applicable state code sections, animals with communicable diseases and severe injuries or illness may be euthanized prior to the expiration of the normal holding period. Veterinary medical care will be provided as needed for all impounded animals for the duration of their hold period as needed. City will attempt to notify owners of identified animals that their animal is in the custody of the City Animal Care Facility and advise them of the holding period. National City shall relinquish all animals held in the Facility and not claimed or adopted to City for disposition in accordance with all applicable laws, policies, or procedures as deemed appropriate by the City Animal Care Facility Administrator. Upon payment of all appropriate fees, City will release to the legal owner, any impounded domestic animal. City will have sole discretion, without recourse to National City, to release animals under special circumstances regardless of payment of fees. i. No Medical Research. City will not sell or give any live animal to a medical research facility at any time or from any jurisdiction. e. Spaying and Neutering. City will ensure all dogs, cats, and rabbits adopted from the shelter are spayed or neutered at the time of adoption. Additionally, the City will provide the public with low-cost spay/neuter information and assistance. This service is made possible through grants and donations as available. f. Maintenance of Facility. City shall maintain its Facility in a humane manner and shall keep its Facility in a sanitary condition at all times. All services furnished by City shall be provided in accordance with local laws and the laws of the State of California. City shall use humane methods in the care, euthanizing, and disposition of any animal coming under its jurisdiction. B. Administrative Services. City shall provide the following administrative services. Page 210 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3 City of Chula Vista Agreement No.: 2024-2501 Animal Control Services: CITY OF NATIONAL CITY (1) Meetings. City will provide a representative to attend National City meetings that involve animal shelter issues upon request and with reasonable advance notice. (2) Meet and Confer. Representatives from both Parties will meet in good faith regarding operational issues associated with the administration of this Agreement. (3) Reports. City will provide monthly reports to National City, upon request. These reports will include the number of impounds, redemptions, euthanasians, service responses, and adoptions. (4) Notification. City shall notify National City of the nature, circumstances, and status of major incidents. City will also provide, if requested, copies of all supporting documents and information involving the incident. National City will provide a list of its designated city officials to City and the recommended methods to contact the designated individuals. (5) Testimony. When requested by National City, and at an additional cost, City shall make its employees and/or other percipient witness under its control, available for any challenge stemming from the services provided herein (including but not limited to Municipal Code citations) as needed to testify in a court of law, administrative or other proceeding. This duty shall survive the termination of this Agreement. (6) Training. a. Two Week Training. Upon National City’s request, the City may agree to train incoming National City Animal Regulations Officers (“AROs”) for a period of two (2) weeks. Training will include daily ride-alongs with City Animal Control Officer(s). Prior to commencing training, National City shall pay City a training fee of $2,000 per ARO. b. Two Hour Training. Upon National City’s request, the City may agree to have a City Animal Control Officer conduct a two-hour one-on-one training session for incoming National City AROs. Training will not include a ride along with City Animal Control Officer(s). Prior to commencing training, National City shall pay City a training fee of $75 per ARO. 3. EXCLUDED SERVICES 3.1 General. The following services are not included in the scope of services covered under this Agreement. A. Indigenous Animals. City will not trap skunks, opossums or other indigenous small animals for the purpose of nuisance control. Wildlife will only be handled for purposes of public safety or for humane reasons. Cat traps will be provided and monitored by National City. B. Dead and Injured Animals. Dead animals on private property are the responsibility of the property owner. Sick or injured animals are the responsibility of the animal owner. C. Licensing. All dog licensing services will be provided and monitored by National City. Page 211 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 City of Chula Vista Agreement No.: 2024-2501 Animal Control Services: CITY OF NATIONAL CITY 4. NATIONAL CITY OBLIGATIONS 4.1 Payment. National City shall pay the City the following amounts in the manner set forth herein. A. Monthly Payments. Commencing on July 1, 2024 National City agrees to pay City $41,638 per month for FY 2024/2025 (July 1, 2024- June 30, 2025). If National City only maintains one (1) permanent full time Animal Regulation Officer on its workforce, National City may notify the City and receive a 15% reduction in monthly payments. (1) Invoices and Payment Date. The City shall submit quarterly billing to National City the month following the billing period and that amount shall be due and payable within thirty (30) calendar days of the invoice date. (2) Redemption Fees. Monthly payments shall be reduced by any redemption fees collected under this Agreement. B. Contract Extension Pricing. Pricing for each subsequent fiscal year and contract extensions shall be based on an average of animal intakes from the preceding three (3) calendar years. Pricing cannot increase or decrease by more than 5% from the prior year. (1) No later than April 30 each year, the City will notify National City of the actual animal intakes for the preceding calendar year, and the proposed contract pricing for the upcoming fiscal year. (2) If National City desires to extend the term, it shall notify City in writing no later than May 31 of each year that it accepts the proposed contract pricing for the upcoming fiscal year in accordance with Exhibit A, Section 5. C. Cat and Dog Spay/Neuter Clinics. As long as the Facility receives grants and donations for monthly low cost spay/neuter clinics, the City will provide this service at no cost to National City. If grants/donations do not cover monthly clinics National City will pay $1,500 per clinic up to four (4) clinics per year. 4.2 Support Services. A. Provision of Data. National City shall provide City with a current listing of all animal licenses issued, including permits or licenses for dogs, cats, dangerous dogs or animals, exotic animals, kennels, pet shops, ranches or farms, dog shows, obedience trials, and circuses. B. Notice of Scheduled Meetings. National City shall notify City at least seventy-two (72) hours in advance of any animal-related issues, which are anticipated to be scheduled on an agenda for the City Council or any legislative or administrative body of National City when City employees will be required to appear. C. Police Services. National City shall provide all required police services within National City, including providing police backup upon request of a City Animal Control Officer. Nothing in this Agreement shall impose a duty on the City or City’s Animal Control Officers to provide any services within the boundaries of the City of National City. Page 212 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 5 City of Chula Vista Agreement No.: 2024-2501 Animal Control Services: CITY OF NATIONAL CITY D. Legal Representation. Notwithstanding any contrary provision in this Agreement, National City will provide legal representation at its sole cost and expense in cases of public nuisance, dangerous and potentially dangerous animal cases, and for lawsuits, claims, or litigation pertaining to those cases which are based upon or arise from the actions of National City including its Animal Regulation officers and employees. 5. FEES 5.1. Fees Charged to National City Residents. National City residents shall be required to pay fees for certain services provided for Animal Care by the City. A. Relinquishment, Redemption, and Services. Fees for relinquishment, redemption, and other services provided will be charged in accordance with City's master fee schedule unless otherwise agreed to separately in writing with National City. 5.2. Fee Updates. Periodically, City may update fees to account for increased costs. As new fees are adopted, for the purpose of this Agreement, such fees shall replace existing fees. 6. INDEMNIFICATION 6.1. National City Duty to Indemnify City. National City shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, agents, and volunteers, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons in any manner arising out of, related to, or in connection with the destruction of any animal delivered to and accepted by the Animal Care Facility from National City residents. In addition, this indemnity provision shall cover any alleged acts, omissions, negligence, or willful misconduct of National City, its officials, officers, employees, agents, and volunteers. This indemnity provision, however, does not include any claims, damages, liability, costs and expenses (including without limitations, attorney’s fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees, agents, and volunteers. 6.2. City duty to Indemnify National City. City shall indemnify and hold National City, its elected officials, employees, officers, agents and representatives harmless for any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the City, or its employees, agents, and officers, arising out of any services performed under this Agreement. City's duty to defend and indemnify shall not extend to any claims or liabilities arising from the sole negligence or sole willful misconduct of National City, its agents, officers or employees. 6.3 Costs of Defense and Award. Included in the obligations in Sections 6.1 and 6.2, above, is the Indemnitor's obligation to defend, at Indemnitor's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Indemnitee, its directors, officials, officers, employees, agents and/or volunteers. Indemnitor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitee, its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. Page 213 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 6 City of Chula Vista Agreement No.: 2024-2501 Animal Control Services: CITY OF NATIONAL CITY 6.4. Obligations Not Limited or Modified. Indemnitor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnitee, its directors, officials, officers, employees, agents, and/or volunteers. 6.5. Enforcement Costs. Indemnitor shall pay any and all costs Indemnitee incurs enforcing the indemnity and defense provisions set forth in Section 6. 6.6 Survival. Indemnitor’s obligations under Section 6 shall survive the termination of this Agreement. 7. FORCE MAJEURE 7.1 Definition. An Event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike, labor dispute, road impediments, expropriation or confiscation of facilities, changes of applicable law, laws or orders related to pandemics, such as COVID-19, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby. 7.2 Force Majeure. The Parties shall be excused for any delay or failure to perform its duties and obligations under this Agreement to the extent that such failure or delay is caused by an Event of Force Majeure as set forth in Section 7.1. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in Section 7.1 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event. City reserves the right, at its sole discretion, to temporarily suspend, change and resume the type and frequency of services provided to comply with Federal, State, County and City laws or orders in response to an Event of Force Majeure. Examples of changed or limited services include but are not limited to closing the shelter to the public or offering essential services by appointment only, such as identifying a lost pet, and suspending in-person services such as vaccinations, licensing, owner surrenders, microchipping, trap rental, and spay- neuter services. Resources and staffing allowing, City will make reasonable efforts to educate the public of service changes through its webpage and social media platforms, as well as to provide services such as adoptions and licensing through its website or by email. 7.3 Notice. Each party shall give written notice to the other party as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five (5) working days after the party becomes aware of such delay or failure. 7.4 No Adjustments. No Event of Force Majeure shall be a basis for monetary adjustment to amounts payable under this Agreement. 8. TERMINATION 8.1 Termination for Cause. If, through any cause, either party shall substantially fail to fulfill in a timely and proper manner any obligation under this Agreement, or violate any of its covenants, agreements or conditions, the Party not in breach shall have the right to terminate this Agreement by giving written notification of such termination and specifying the effective date thereof at least five (5) days before termination. If the Agreement is terminated by National City as provided for in this paragraph, City shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of Page 214 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 7 City of Chula Vista Agreement No.: 2024-2501 Animal Control Services: CITY OF NATIONAL CITY such termination, and the payments shall be prorated should the effective date of termination not end on the last day of the month. If the Agreement is terminated by the City as provided for in this paragraph, National City shall be entitled to continue to receive services under this Agreement up until the effective date of such termination. 8.2 Termination for Convenience. Either Party may terminate this Agreement at any time and for any reason, by giving specific written notice of such termination and specifying the effective date thereof at least ninety (90) days before the effective date of such termination. If the Agreement is terminated by National City as provided for in this paragraph, City shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination and the payments shall be prorated if the effective date of termination not be on the last day of the month. If the Agreement is terminated by the City as provided for in this paragraph, National City shall be entitled to continue to receive services under this Agreement up until the effective date of such termination. 9. GENERAL PROVISIONS 9.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. All prior negotiations and agreements are merged into this Agreement. 9.2 Assignment. This Agreement or any right or privilege hereunder shall not be assigned to another by any Party without the express written consent of the other Party. Consent to an assignment shall not be deemed to be consent to any subsequent assignment. Any such assignment without such consent shall be void. 9.3 Authority. The person(s) executing this Agreement for the Parties warrants and represents that they have the authority to execute same on behalf of each Party and to bind each respective Party to its obligations hereunder without any further action or direction from any board, principle or officer thereof. 9.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 9.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All recitals and exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 9.6 Good Faith. The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. Both Parties agree to meet and confer in good faith regarding operational matters upon request. 9.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 9.8 Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. Page 215 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 8 City of Chula Vista Agreement No.: 2024-2501 Animal Control Services: CITY OF NATIONAL CITY 9.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 9.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. 9.11 Headings. All article headings are for convenience only and shall not affect the interpretation of this Agreement. 9.12 Reference to Sections. Each reference in this Agreement to a section refers, unless otherwise stated, to a section in this Agreement. 9.13 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of the City or National City shall be deemed to be both covenants and conditions. 9.14 Severability. In the event that any phrase, clause, paragraph, section or other portion of this Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining portions of this Agreement shall not be affected and shall remain in force and effect to the fullest extent permitted by law. 9.15 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Agreement and any exhibits, the exhibit of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 9.16 Compliance with Law. The Parties shall, at their sole cost and expense, comply with all the requirements of municipal, state, and federal authorities now in effect or which may hereafter be in effect related to this Agreement. 9.17 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against either Party, unless a claim has first been presented in writing, filed with and acted upon by the alleged offending Party in accordance with the procedures set forth in its respective Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by each Party in the implementation of same. Upon request by either Party, the Parties shall meet and confer in good faith for the purpose of resolving any dispute over the terms of this Agreement Page 216 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 9 City of Chula Vista Agreement No.: 2024-2501 Animal Control Services: CITY OF NATIONAL CITY 9.18 Fees. In the event any action or proceeding shall be instituted in connection with this Agreement, including without limitation the enforcement of any indemnification obligation contained herein, the losing Party shall pay to the prevailing Party a reasonable sum for attorneys' fees and costs incurred in bringing or defending such action or proceeding and/or enforcing any judgment granted. 9.19 Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 9.20 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a chartered city of the State of California. 9.21 No Waiver. No failure of either Party to insist upon the strict performance by the other Party of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any default hereunder shall be implied from any omission to take any action on account of such default. The consent or approval to or of any act requiring consent or approval shall not be deemed to waive or render unnecessary future consent or approval for any subsequent similar acts. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 9.22 Additional Rights. No rights other than those specifically identified herein shall be implied from this Agreement. 9.23 Cumulative Remedies. All rights, options, and remedies contained in this Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and each Party shall have the right to pursue any one or all of such remedies or to seek damages or specific performance in the event of any breach of the terms hereof or to pursue any other remedy or relief which may be provided by law or equity, whether or not stated in this Agreement. 9.24 Independent Contractor. Unless otherwise stated in this Agreement, all persons employed in the performance of services and functions for National City under this Agreement shall be City employees, agents, or contractors thereof. No National City employee shall perform services or functions that City is obligated to provide under this Agreement. All City employees who are employed by City to perform the services pursuant to this Agreement shall be entitled solely to the rights and privileges given to City employees and shall not be entitled, as a result of providing services pursuant to this Agreement, to any additional rights and privileges given to National City employees. National City shall not be liable for the direct payment of any salaries, wages, or the compensation to City personnel, agents, or contractors performing services pursuant to this Agreement, or any liability other than that provided for in this Agreement. Unless specified otherwise, National City shall not be liable for compensation or indemnity to any City employee, agent, or contractor for injury or sickness or any other claims arising out of his or her employment. City is an independent contractor, and no agency relationship, either expressed or implied, is created by the execution of this Agreement. (End of page. Next page is signature page.) Page 217 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 10 City of Chula Vista Agreement No.: 2024-2501 Animal Control Services: CITY OF NATIONAL CITY SIGNATURE PAGE TO CITY OF CHULA VISTA AGREEMENT WITH CITY OF NATIONAL CITY TO PROVIDE ANIMAL SHELTER SERVICES IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and National City agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. CITY OF NATIONAL CITY CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ BEN MARTINEZ MARIA KACHADOORIAN CITY MANAGER CITY MANAGER APPROVED AS TO FORM APPROVED AS TO FORM BY: ________________________________ BY: ________________________________ BARRY J. SCHULTZ MARCO A. VERDUGO CITY ATTORNEY CITY ATTORNEY Page 218 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 11 City of Chula Vista Agreement No.: 2024-2501 Animal Control Services: CITY OF NATIONAL CITY EXHIBIT A NOTICES AND ADDITIONAL TERMS 1. Contact People for Contract Administration and Legal Notice: A. CITY OF CHULA VISTA City Manager, or designee 276 Fourth Avenue Chula Vista, CA 91910 For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. CITY OF NATIONAL CITY City Manager, and his/her designee 1243 National City Blvd National City, CA 91950 For Legal Notice Copy to: City of National City City Attorney 1243 National City Blvd, National City, CA 91950 619-336-4220 attorney@nationalcityca.gov Changes. If the Administrator, designee or address of either party changes, notice of the change shall be sent to the other party. After the receipt of the notice of change, all future notices or demands shall be sent to the new contact for notices indicated by the notice of change. 2. Reserved 3. Term: In accordance with Section 1.1 of this Agreement, the term of this Agreement shall begin July 1, 2024 and end on June 30, 2025, subject to extension as set forth in Section 5 below. 4. Reserved 5. Special Provisions: ☒ Notwithstanding the completion date set forth in Section 3 above, the Parties may extend this Agreement for four (4) additional terms, defined as a one-year increment, for a total Agreement duration of five (5) years. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the Parties exercise an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 of the Agreement may be increased in Page 219 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 12 City of Chula Vista Agreement No.: 2024-2501 Animal Control Services: CITY OF NATIONAL CITY accordance with Agreement Section 4.1.B. for each extension. National City shall give written notice to City of its election to exercise the extension at least thirty (30) days prior to the expiration of the term. Page 220 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 0 5 P a g e | 1 December 3, 2024 ITEM TITLE Fee Update: Amend City-Initiated Tow License Fee and City-Initiated Tow and Storage Rate Schedule Report Number: 24-0303 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060 (c)(3) no environmental review is required. Recommended Action Adopt resolutions A) Amending the City-Initiated Tow License Fee and B) City-Initiated Tow and Storage Rate Schedule. SUMMARY On December 7, 2021, City Council approved agreements with seven companies to provide vehicle tow and impound services for City-initiated tows. Per agreement provisions, the tow license fee and tow/storage rates are subject to review and revision each year. The Police Department is requesting Council approval to update these fees for calendar year 2025. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 221 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION RESOLUTION A: CITY-INITIATED TOW LICENSE FEE UPDATE California Vehicle Code Section 12110 authorizes the City to assess a Tow License Fee (“TLF”) in connection with an award of a franchise to tow companies for City-initiated tows “to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.” The TLF relates to staff recovery costs for requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The computation of the City’s TLF is detailed below: (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police- Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,563 0.53 $126.60 $104,874 Community Service Officer 1,250 0.53 $76.09 $50,410 Sr Parking Enforcement Officer 660 0.53 $78.18 $27,347 Police Dispatcher 3,473 0.08 $101.38 $28,167 TOTAL $210,798 1 2-year average of calendar years 2022 and 2023 is 3,473 tows Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department The proposed Tow License Fee for 2025 is $210,798. This amount is $2,675 higher than the 2024 TLF of $208,123, an increase of 1.3%. The amount is slightly higher because of increases in police-initiated tows. The TLF is apportioned equally among the City’s seven (7) contracted providers for tow services and is billed in quarterly installments. The City re-calculates and revises the TLF every year using the same methodology. Page 222 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 3 RESOLUTION B: CITY-INITIATED TOW AND STORAGE RATE UPDATE The chart below provides a complete schedule of all charges and fees that the City’s tow contractors are authorized to collect from consumers for City-initiated tow and impound services. Service 2024 Current Rates 2025 Proposed Rates Difference Basic Tow $275.00 $289.00 $14.00 Medium Tow $315.00 $324.00 $9.00 Heavy Tow $369.00 $374.00 $5.00 Mileage None None None Dolly Charge None None None Labor per hour (if exceeding one hour of service) $65.00 $65.00 $0.00 Basic Storage Rate (per 24-hour period) $73.00 $74.00 $1.00 Medium Storage Rate (per 24-hour period) $82.00 $83.00 $1.00 Heavy Storage Rate (per 24-hour period) $93.00 $92.00 ($1.00) Evening Release (after 5:00pm & Holidays) $65.00 $65.00 $0.00 This rate schedule is identical to the California Highway Patrol Southern San Diego Region tow rates. The CHP manages one of the largest government entity-initiated tow program in the state, and its rates are viewed as representative and reliable benchmarks. As shown above, there are cost increases proposed to the City’s 2025 tow and storage rates, with the exception of Heavy Storage Rate decreasing by $1. If approved, the proposed TLF and tow and impound fees will be effective January 1, 2025. Each contracted tow company must post in plain view to the public the City-Initiated Tow and Storage Rates at their place of business. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of Resolution A would result in an updated Tow License Fee of $210,798, which is equally apportioned to the City’s tow contractors, effective January 1, 2025. The estimated Tow License Fee is Page 223 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 4 already included in the Police Department’s fiscal year 2024-25 adopted budget, so no further appropriations are required at this time. Approval of Resolution B would result in updated fees paid by consumers to the tow contractors for City - initiated tow and impound services. There is no fiscal impact to the City for these fees. ONGOING FISCAL IMPACT The Tow License Fee will be re-calculated every year during the term of the tow contract. The Police Department will coordinate with the Finance Department to budget the appropriate Tow License Fee in each respective fiscal year. ATTACHMENTS None. Staff Contact: Chief Roxana Kennedy, Police Department Administrative Services Manager Jonathan Alegre, Police Department Page 224 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW LICENSE FEE WHEREAS, on December 7, 2021, City Council approved agreements with seven companies to provide tow and impound services for City-initiated tows; and WHEREAS, each agreement provides that the Tow License Fee is subject to review and revision each year; and WHEREAS, the Police Department is requesting Council approval to update this fee for calendar year 2025; and WHEREAS, California Vehicle Code section 12110 authorizes the City to assess a Tow License Fee to tow companies “to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program”; and WHEREAS, the Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene; and WHEREAS, the computation of the City’s Tow License Fee for 2025 effective January 1, 2025, as presented to the City Council, will be apportioned equally among the City’s contracted tow service providers for payment to City; and WHEREAS, the City intends to re-calculate and revise the City-initiated Tow License Fee every year using the same methodology. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the City-initiated Tow License Fee as follows: (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,563 0.53 $126.60 $104,874 Community Service Officer 1,250 0.53 $76.09 $50,410 Sr Parking Enforcement Officer 660 0.53 $78.18 $27,347 Police Dispatcher 3,473 0.08 $101.38 $28,167 TOTAL $210,798 Page 225 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 1 2-year average of calendar years 2022 and 2023 is 3,473 tows. Does not include private tows or tows during grant-funded operations. Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service. Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department BE IT FURTHER RESOLVED, that the total Tow License Fee shall be divided equally among the tow operators under the agreements with the City during calendar year 2025. Presented by Approved as to form by Roxana Kennedy Marco A. Verdugo Chief of Police City Attorney Page 226 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW AND STORAGE RATE SCHEDULE WHEREAS, on December 7, 2021, City Council approved agreements with seven companies to provide tow and impound services for City-initiated tows (each, an “Agreement,” collectively, the “Agreements”); and WHEREAS, each Agreement provides that the City-Initiated Tow and Storage Schedule is subject to an annual review and revision and the Police Department is requesting Council approval to update this rate schedule for calendar year 2025, to apply to each of the Agreements; and WHEREAS, the City Council has considered a proposed schedule of all charges and fees for each Agreement that the tow companies will be authorized to collect from consumers for tow and impound services rendered on behalf of the City, effective January 1, 2025, which schedule is identical to the California Highway Patrol Southern San Diego Region tow rates and is representative of reliable benchmarks for similar charges for the area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the City-initiated tow and storage rate schedule, which will apply to each of the Agreements, to read as follows: Chula Vista City-Initiated Tow and Storage Rates (effective January 1, 2025) Service Rate Basic Tow $289.00 Medium Tow $324.00 Heavy Tow $374.00 Mileage None Dolly Charge None Labor Rate per hour (if exceeding one hour of service) $65.00 Basic Storage Rate (per 24-hour period) $74.00 Medium Storage Rate (per 24-hour period) $83.00 Heavy Storage Rate (per 24-hour period) $92.00 Evening Release (after 5:00 pm & Holidays) $65.00 Presented by Approved as to form by Roxana Kennedy Marco A. Verdugo Chief of Police City Attorney Page 227 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 0 5 P a g e | 1 December 3, 2024 ITEM TITLE Grant Award and Appropriation: Accept and Appropriate Grant Funds from the California Department of Justice for the Tobacco Grant Program Report Number: 24-0305 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting $113,225 in grant funds from the California Department of Justice, appropriating said funds to the Police Grants Section of the State Grants Fund for the Tobacco Grant Program and authorizing the City Manager and Chief of Police to execute a Memorandum of Understanding with the California Department of Justice. (4/5 Vote Required) SUMMARY The California Department of Justice has awarded $113,225 to the Police Department for the Tobacco Grant Program. These funds are made available through the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) to support local efforts to reduce the illegal sale of tobacco products to minors in the City. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 228 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In accordance with the State Budget Act and the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, as added by Proposition 56, the California Department of Justice intends to distribute $28.5 million in fiscal year 2024-25 to eligible local law enforcement agencies for qualifying tobacco enforcement purposes. The Police Department submitted a grant proposal in June 2024 and was notified on October 16, 2024 of approved funding in the amount of $113,225. Last year, the Police Department received $115,217 for the Tobacco Grant Program. Similar to the previous grant award, these funds from the California Department of Justice Tobacco Grant Program will be used for overtime costs related to tobacco enforcement operations, buy money, small surveillance equipment, and administrative fees to cover overhead costs. The grant covers a 44-month term of November 1, 2024 through June 30, 2028. Council acceptance of the grant authorizes the City Manager and Chief of Police to execute the Memorandum of Understanding with California Department of Justice for the Tobacco Grant Program. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in the acceptance of $113,225 in grant revenues from the California Department of Justice, along with appropriations of $32,271 to Personnel Services, $4,700 to Supplies and Services, and $1,848 to the Other Expenses category of the Police Grants section of the State Grants Fund for fiscal year 2024-25 beginning in November 2024. Funding from the California Department of Justice will completely offset these costs, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT The California Department of Justice Tobacco Grant will fully fund the program for a n additional 24-month period through 6/30/2027. This grant period is for a 44-month period through 6/30/2028 for an opportunity to roll over any unused funds to fiscal year 2027-28. Expenditures for this project are summarized in the table below. Ongoing funding for this project as well as annual appropriations will be incorporated as part of the annual budget development process in future fiscal years. Page 229 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 3 DESCRIPTION FY 2025-26 FY 2026-27 Personnel Services $33,884 $35,579 Supplies and Services $700 $700 Other Expenses $1,729 $1,814 TOTAL PROJECT COSTS $36,313 $38,093 The Police Department intends to apply for future Tobacco grant opportunities to sustain the program beyond 6/30/2027. If grant funds are no longer awarded for the Tobacco Grant Program, then overtime operations will end. There is no ongoing fiscal impact to the General Fund as a result of this action. ATTACHMENTS 1. Memorandum of Understanding with the California Department of Justice for Tobacco Grant Program Staff Contact: Chief Roxana Kennedy, Police Department Administrative Services Manager Jonathan Alegre, Police Department Page 230 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Tobacco Grant Program Grant Services Branch – Local Assistance Division of Operations Chula Vista Police Department DOJ-PROP56-2024-25-1-014 Page 1 of 3 MEMORANDUM OF UNDERSTANDING PURPOSE This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the Chula Vista Police Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2024-25 Grantee Handbook. Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5: Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program. The TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2024), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56. COST REIMBURSEMENT DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summa ry of Award document. Reimbursements for line items in the approved Budget Detail will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook. BUDGET CONTINGENCY CLAUSE It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect. In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed. If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ or offer an addendum to the Grantee to reflect the reduced amount. Page 231 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista Police Department DOJ-PROP56-2024-25-1-014 Page 2 of 3 PROJECT BREACH-TERMINATION Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU. MISCELLANEOUS PROVISIONS Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing and signed by the duly authorized representatives of the parties. Assignment – This MOU is not assignable by Grantee in whole or in part. Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU. Certifications – Grantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for th e same purpose. TERMS Grant Duration: 11/1/2024 – 6/30/2028 Award Amount Category of Expenditure Budget FY 2024-2025 Budget FY 2025-2026 Budget FY 2026-2027 Budget FY 2027-2028 Personal Services $32,271 $33,884 $35,579 $ Operating Expenses and Equipment $4,700 $700 $700 $ Administrative Costs (Not to Exceed 5%) $1,848 $1,729 $1,814 $ TOTAL AWARD AMOUNT $113,225 The time limit for reimbursements against this award ends 6/30/202 8. Requests for reimbursement received after 7/15/2028 cannot be considered by DOJ. GRANTEE CONTACT INFORMATION Joel Monreal, Sergeant Chula Vista Police Department 315 Fourth Avenue, Chula Vista, CA 91910 (619) 691-5059 jmonreal@chulavistapd.org Page 232 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista Police Department DOJ-PROP56-2024-25-1-014 Page 3 of 3 AUTHORIZATION DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to TobaccoGrants@doj.ca.gov, care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties. ___________________________________ ___________________ ROXANA KENNEDY, Chief of Police Date Chula Vista Police Department ___________________________________ ___________________ MARIA KACHADOORIAN, City Manager Date City of Chula Vista ___________________________________ ___________________ MARCO VERDUGO, City Attorney Date City Attorney ______________________________ ___________________ JENNIFER IVERY JOHNSON, Grant Manager Date Division of Operations California Department of Justice ___________________________________ ___________________ NICOLE LEARNED, Administrative Manager Date Division of Operations California Department of Justice __________________________________ ___________________ CHRIS RYAN, Chief Date Division of Operations California Department of Justice Page 233 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE CALIFORNIA DEPARTMENT OF JUSTICE FOR THE TOBACCO GRANT PROGRAM AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City of Chula Vista (“City”) is interested in participating in the Tobacco Grant Program (the “Program”), which is made available through the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) and administered by the California Department of Justice (“DOJ”) to support local efforts to reduce the illegal sale of tobacco products to minors in the City; and WHEREAS, following the City’s submittal of a proposal to the Program, the State of California DOJ offered to award $113,225 for the grant term beginning November 1, 2024, and ending on June 30, 2028; and WHEREAS, grants funds from the California Department of Justice Tobacco Grant Program will be used for overtime costs related to tobacco enforcement operations, buy money, small surveillance equipment, and administrative fees to cover overhead costs; and WHEREAS, grant funds must be accepted by the City through appropriate action of the City Council, and authorization must be given for the execution of such agreements and oth er documents necessary for the release of the grant funds by an authorized representative of the City; and WHEREAS, grant funds received hereunder shall not be used to supplant ongoing law enforcement expenditures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Memorandum of Understanding between the City and California Department of Justice for the Tobacco Grant Program, in the form presented at this meeting, and the City Manager is hereby authorized, on behalf of the City, to accept grant funding in the amount of $113,225 from the State of California Department of Justice and is authorized to execute the Memorandum of Understanding and such other grant documents relating to the Tobacco Grant Program, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager and Chief of Police to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Manager, or designee, is authorized to enter into and execute an agreement with California Department of Justice, any amendments, extensions, or renewals of the agreement, and any and all documents necessary and appropriate to implement this resolution. Page 234 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Manager, or designee, is authorized to take all necessary action to administer, monitor, manage, and ensure compliance with the Program including certifications made in the Application, and further to enter into and execute contracts with third parties to implement the Program or use of the funds, as appropriate. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it accepts $113,225 from the State of California Department of Justice, Office of the Attorney General, Tobacco Grant Program and appropriates $32,271 to Personnel Services, $4,700 to Supplies and Services and $1,848 to the Other Expenses category of the Police Grants Section of the State Grants Fund for fiscal year 2024-25, and directs staff to include $36,313 in the fiscal year 2025-26 proposed budget and $38,093 in the fiscal year 2026-27 proposed budget for the Tobacco Grant Program. Presented by Roxana Kennedy Chief of Police Approved as to form by Marco A. Verdugo City Attorney Page 235 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 0 5 P a g e | 1 December 3, 2024 ITEM TITLE Agreements: Approve Amendments to the Legal Services Agreements with Best Best & Krieger LLP to Provide On-Call and Public Records Act Legal Services Report Number: 24-0307 Location: No specific geographic location Department: City Attorney G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving amendments to the Legal Services Agreements with Best Best & Krieger, LLP for on-call and Public Records Act legal services for not-to-exceed amounts of $400,000 and $300,000, respectively. SUMMARY The City Attorney’s Office provides legal review, advice, consultation, and representation on a wide variety of legal issues and litigation related to City operations and staff. The advisory and transactional section of the City Attorney’s Office is currently significantly understaffed. The amendments to these agreements will allow the City to continue to use the law firm of Best Best & Krieger, LLP for on-call legal services and Public Records Act legal services until the City Attorney’s Office is more fully staffed. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 236 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City Attorney’s Office provides a wide variety of legal services to the City, including legal review, advice, consultation, and representation on diverse matters impacting the City, including its officials, management, and departments. The advisory and transactional section of the City Attorney’s Office is currently significantly understaffed. As a result, the City Attorney’s Office has utilized private law firms to assist in managing the City’s legal needs. The City presently has legal services agreements with Best Best & Krieger LLP (“BBK”) for general on-call legal services and Public Record Act legal services. The City has found that BBK has provided responsive, high quality legal assistance on a variety of matters pursuant to these agreements, including public contracting, general contract review, and Public Records Act review and responses, among other matters. Given the large volume of legal work and the temporarily reduced level of staffing in the City Attorney’s Office, the City has a continuing need to utilize the legal services of BBK. The requested second amendment to the legal services agreement for on-call legal services with BBK will increase the not-to-exceed amount on the agreement from $300,000 to $400,000; the amendment does not change any other provisions of the original agreement. The requested second amendment to the legal services agreement for Public Records Act services with BBK will increase the not-to-exceed amount on the agreement from $200,000 to $300,000 and extend the agreement through September 2025. The costs of these contract amendments were anticipated and are already included within the current year budget, so no additional appropriation is necessary. Adoption of the attached resolution will approve both proposed amendments. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact as a result of this action. Funding was included in the current year budget appropriations. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action; it is anticipated that any remaining amounts on the contract will be accounted for in the next fiscal year budget. Page 237 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 3 ATTACHMENTS 1. Proposed Second Amendment to On Call Legal Services Agreement with BBK 2. Proposed Third Amendment to PRA Legal Services Agreement with BBK Staff Contact: Marco Verdugo, City Attorney Megan McClurg, Assistant City Attorney Page 238 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 1 of 2 SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This Second Amendment to Legal Services Agreement (“Second Amendment”) is entered into this effective day of December 3, 2025 (“Effective Date”), by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”) (City and Attorney together, “Parties”). RECITAL WHEREAS, Attorney has provided legal services on behalf of the City related to on-call legal services pursuant to a Legal Services Agreement between City and Attorney effective February 21, 2023 (“Legal Services Agreement”); and WHEREAS, the parties previously entered into a First Amendment to Legal Services Agreement on September 12, 2023 increasing the not to exceed amount on the contract to $300,000; and WHEREAS, the City previously executed an option to extend the Legal Services Agreement to February 21, 2025; and WHEREAS, the Parties desire to continue utilizing the services of Attorney related to on-call legal services, resulting in additional costs exceeding $300,000.00. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount to three hundred thousand dollars ($400,000.00). 2. Costs that exceeded $300,000.00 that were incurred under the First Amendment to Legal Services Agreement but prior to this Second Amendment are to be covered and compensated by this Second Amendment. 3. Except as expressly provided herein, all other terms and conditions of the Legal Services Agreement shall remain in full force and effect. (Signature Page to follow) Page 239 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 2 of 2 SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP SIGNATURE PAGE IN WITNESS WHEREOF, by executing this Second Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this Second Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this Second Amendment as of Effective Date. CITY OF CHULA VISTA By: ________________________________________________________ Marco A. Verdugo City Attorney ATTORNEY By: ________________________________________________________ Jeffrey S. Ballinger Best, Best & Krieger, LLP Partner Page 240 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 1 of 2 THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This Third Amendment to Legal Services Agreement (“Third Amendment”) is entered into this effective day of September 29, 2024 (“Effective Date”), by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”) (City and Attorney together, “Parties”). RECITAL WHEREAS, Attorney has provided legal services on behalf of the City related to processing requests for public records, pursuant to the California Public Records Act (“PRA”), assisting the City in updating PRA and other records-related policies to reflect industry standards and best practices and providing training for City staff and officials, including training on PRA, electronic records, e - Discovery, and social media operations pursuant to a Legal Services Agreement between City and Attorney effective September 29, 2022 (“Legal Services Agreement”); and WHEREAS, the Parties previously executed a First Amendment to the Legal Services Agreement on July 26, 2023 to change the not to exceed amount in Section 3.1 from $30,000.00 to $50,000; and WHEREAS, the Parties previously entered into a Second Amendment to the Legal Services Agreement on September 12, 2023 to extend the agreement through September 29, 2024, and to change the not to exceed amount in Section 3.1 from $50,000 to $200,000; and WHEREAS, the Parties desire to continue utilizing the services of Attorney related to processing requests for public records through September 29, 2025, resulting in additional costs exceeding $200,000.00. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Pursuant to Section 1 of the Legal Services Agreement, the Term is extended through September 29, 2025. 2. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount to three hundred thousand dollars ($300,000.00). 3. Costs that exceeded $300,000.00 that were incurred under the Legal Services Agreement but prior to this Third Amendment are to be covered and compensated by this Third Amendment. 4. Except as expressly provided herein, all other terms and conditions of the Legal S ervices Agreement shall remain in full force and effect. Page 241 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 2 of 2 THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP SIGNATURE PAGE IN WITNESS WHEREOF, by executing this Third Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this Third Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this Third Amendment as of Effective Date. CITY OF CHULA VISTA By: ________________________________________________________ Marco A. Verdugo City Attorney ATTORNEY By: ________________________________________________________ Darren Ziegler Best, Best & Krieger, LLP Partner and Director of PRA Services and E-Discovery Counsel Page 242 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE LEGAL SERVICES AGREEMENTS FOR ON-CALL AND PUBLIC RECORDS ACT LEGAL SERVICES BETWEEN CITY AND BEST BEST & KRIEGER LLP WHEREAS, the City previously entered into a legal services agreement on February 21, 2023 with Best Best & Krieger LLP (“BBK”), to provide on-call legal services (“On Call Legal Services Agreement”); and WHEREAS, the City previously entered into a first amendment to the On-Call Legal Services Agreement on September 12, 2023 to increase the not to exceed amount on the contract to $300,000; and WHEREAS, City has a continuing need for the on-call legal services provided by BBK, resulting in additional costs; and WHEREAS, staff therefore recommends approving the Second Amendment to the On-Call Legal Services Agreement, increasing the not -to-exceed compensation from $300,000 to $400,000; and WHEREAS, the City previously entered into a legal service agreement on September 29, 2022 with BBK to provide California Public Records Act legal services (“PRA Legal Services Agreement”); and WHEREAS, the City previously entered into a first amendment to the PRA Legal Services Agreement on July 26, 2023 and a second amendment to the PRA Legal Services Agreement on September 12, 2023 to increase the not to exceed amount on the contract to $50,000 and $200,000, respectively; and WHEREAS, City has a continuing need for the California Public Records Act legal services provided by BBK, resulting in additional costs; and WHEREAS, staff therefore recommends approving the Third Amendment to the PRA Legal Services Agreement, increasing the not-to-exceed compensation from $200,000 to $300,000 and extending the term of the agreement through September 29, 2025; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Approves the Second Amendment to the Legal Services Agreement for on-call legal services between the City and Best Best & Krieger LLP, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy Page 243 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. Page 2 of which shall be kept on file in the Office of the City Clerk; and authorizes and directs the City Attorney to execute same. 2. Approves the Third Amendment to the Legal Services Agreement for California Public Records Act legal services between the City and Best Best & Krieger LLP, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk; and authorizes and directs the City Attorney to execute same. Presented by Approved as to form By: Megan McClurg Marco A. Verdugo Assistant City Attorney City Attorney Page 244 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 0 5 P a g e | 1 December 3, 2024 ITEM TITLE Grant Award and Appropriation: Accept and Appropriate Grant Funds from the California Community Foundation for the Kaiser Permanente Operation Splash Program Report Number: 24-0308 Location: Loma Verde Pool, 1420 Loma Lane; Parkway Pool, 385 Park Way Department: Parks & Recreation 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 a resolution accepting $93,500 in grant funds from the California Community Foundation for elementary- aged children learn- to- swim programs with Chula Vista Elementary School District schools and appropriating funds for that purpose (4/5 Vote Required). SUMMARY Kaiser Permanente’s Operation Splash has been grant funding elementary learn-to-swim classes for Chula Vista youth for over 15 years at the Loma Verde and Parkway Pools. Through its non-profit, California Community Foundation (CalFund), funds have been awarded to the City to cover costs for both the swim lessons and the transportation of the students from at least 16 schools with the Chula Vista Elementary School District. 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. Notwithstanding the foregoing, the Director of Development Services has also determined that the activity Page 245 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 qualifies for an Exemption pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The Operation Splash Elementary Learn to Swim Program grant is awarded by the Kaiser Permanente Southern California Fund for Charitable Contributions and is administered by the California Community Foundation. Kaiser Permanente’s Operation Splash has grant funded elementary learn-to-swim classes for Chula Vista youth for over 15 years. The City of Chula Vista, through the non-profit California Community Foundation (CalFund), has again been awarded Operation Splash grand funds that will cover the costs for both swim lessons and transportation for students from the Chula Vista Elementary School District. Grant funds will be utilized to cover the costs of staff time to teach the swim lessons and bussing transportation of students from the Chula Vista Elementary School District to Loma Verde and Parkway pools. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has found that Council Member Morineau has real property holdings within 500 feet of the boundaries of the property which is the subject of this action. However, to the extent that any decision would have a reasonably foreseeable financial effect on the member’s real property, the effect would be nominal, inconsequential, or insignificant. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702(b), this item does not present a real property-related 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 Council Member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in the acceptance of $93,500 in grant revenues from the California Community Foundation and an increase in appropriations of $93,500 to the Other Expenses category of the Other Grants Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund as a result of applying for and accepting this grant. ATTACHMENTS 1. Kaiser Operation Splash Agreement Staff Contact: Frank Carson, Parks & Recreation Director Page 246 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE CALIFORNIA COMMUNITY FOUNDATION FOR THE OPERATION SPLASH ELEMENTARY LEARN TO SWIM PROGRAM, AMENDING THE FISCAL YEAR 2024-25 BUDGET AND APPRORPIATING FUNDS THEREFOR WHEREAS, the Chula Vista Parks and Recreation Department applied for and was awarded a grant through Operation Splash Elementary Learn to Swim Program (“Program”) in the amount of $93,500; and WHEREAS, the Chula Vista Parks and Recreation Department will use the grant funds to implement Learn-to-Swim programs, which equip children with water safety and swimming skills; and WHEREAS, the grant funds will also be used to allow children to use the pool facilities for free and deliver Healthy Beverage Campaigns for education and awareness raising. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts $93,500 from the California Community Foundation and amends the fiscal year 2025 budget by appropriating $93,500 to the Other Expenses category of the Other Grants Fund. BE IT FURTHER RESOLVED, that the City Manager, or designee, is authorized to enter into and execute an agreement with California Community Foundation, any amendments, extensions, or renewals of the agreement, and any and all documents necessary and appropriate to implement this resolution. BE IT FURTHER RESOLVED, that the City Manager, or designee is authorized to take all necessary action to administer, monitor, manage, and ensure compliance with the Program including certifications made in the Application, and further to enter into and execute contracts with third parties to implement the Program or use of the funds, as appropriate. Presented by Approved as to form by Frank Carson Marco A. Verdugo Director of Parks and Recreation City Attorney Page 247 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Date: 10/16/2024 City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 RE: Agreement for Grant ID #202016 We are pleased to authorize a grant payable to City of Chula Vista ("Grantee") for the purpose described below. This grant was recommended by the Kaiser Permanente Southern California Fund for Charitable Contributions ("Donor"), and is being issued from a Donor Advised Fund of the California Community Foundation ("Foundation"). This grant is subject to your acceptance of the conditions in this grant agreement. To acknowledge your acceptance of this grant and agreement with the conditions specified below, please sign and return a copy of the agreement to the Foundation. Grant Amount $93,500.00 Grant Period Begins 9/1/2024 Grant Period Ends 3/1/2026 Grant Purpose: Operation Splash Elementary Learn to Swim Program. Please reference KP #168153 for grant reporting. Payment Schedule Payment # Scheduled Date Amount 1 Upon Execution of Agreement $93,500.00 Grant Requirements 1) Administration of Funds: This grant is to be used only for the purpose(s) described above and any objectives below and is subject to modification only with the Foundation's prior written approval. Docusign Envelope ID: D8952657-ADE3-4019-BB79-BD590CCF7B29 Page 248 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Objectives Objective 1: Implement Learn-to-Swim programs, which equip children and/or adults with water safety and swimming skills. Objective 2: Distribute Swim Passes to allow children, youth, and adults to use public pool facilities for free. Objective 3: Deliver Healthy Beverage Campaigns for education and awareness raising. Additional Requirements N/A 2) Reporting Use of Funds: Description Due Date Short Description Report 1 4/1/2026 Final Report The Foundation reserves the right to modify or terminate the grant or to withhold future grant distributions at any time if it determines that grantee has failed to comply with any term of the agreement or is not able to carry out or accomplish the grant purpose. The Foundation may also modify or terminate the grant if it determines that continuing grant payments would expose the Foundation to liability or adverse tax consequences, or otherwise be inconsistent with the mission and values of the Foundation. In the event of termination in accordance with this section, the grantee must promptly return to the Foundation any unexpended grant funds. Additionally, as a condition of this grant, grantee partner shall promptly notify the Foundation in writing of any significant changes in the organization’s structure, leadership, or financial circumstances that could affect the ability of the grantee to effectively implement the funded activities or general charitable mission of the organization. 3) Payment of Grant: Payment of grants from component funds is subject to the availability of unencumbered fund assets equal to the payment amount. 4) Grant Restrictions: By endorsing, depositing, or cashing disbursement(s) on this grant, you certify that grant payment(s) will: a. Not provide any goods, services or impermissible benefits to the donor/fund advisor(s) or any individual related to the donor/fund advisor(s) (e.g. tuition, membership benefits, admission to events, goods bought at an auction, religious benefits, etc.) b. Not support any individual(s) designated by the donor/fund advisor(s) c. Not be used to support political campaigns or lobbying activities 5) Recognition of Grant: N/A 6) Governing Law: This agreement and grant shall be construed in accordance with and governed by the laws of the state of California. Docusign Envelope ID: D8952657-ADE3-4019-BB79-BD590CCF7B29 X Page 249 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 7) Entire Agreement: This agreement supersedes any prior or contemporaneous oral or written understanding or communications between Grantee, the Foundation and the donors and constitutes the entire agreement of the parties with respect to its subject matter. This agreement may not be amended or modified, except by mutual agreement and in writing, signed by both parties. 8) Nondiscrimination: The Grantee is responsible for ensuring that it is operated and organized so that it does not discriminate in the hiring of staff or the provision of services under any program or activity funded in whole or in part with funds made available by the Foundation on the basis of race, creed, color, ethnicity, national origin, religion, gender expression, sex, sexual orientation, age, physical or mental ability, pregnancy, veteran status, military obligations and marital status. Because the Foundation is a 501c3 public charity, neither the donor nor the Foundation require a receipt for tax purposes. Please contact Grants Management at 213-239-2330 or grantsmanager@calfund.org with any questions about this agreement. We wish you continued success in your charitable work. Docusign Envelope ID: D8952657-ADE3-4019-BB79-BD590CCF7B29 Page 250 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda FOR THE GRANTEE: Date Signature Title FOR THE FOUNDATION Date Signature Title Docusign Envelope ID: D8952657-ADE3-4019-BB79-BD590CCF7B29 VP Development and Donor Relations 10/18/2024 Page 251 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 1 Tyshar Turner Subject:FW: SANDAG AGAINST 1ST AMENDMENT CHAIR VARGAS FORCING BOARD MEMBERS WHAT TO SAY 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 SAN DIEGO COUNTY DA SAN DIEGO SUPERVISORS SANDAG REPRESENTATIVES CA STATE REPS AND SENATORS BCC TO COMMUNITY FED UP IDENTITY POLITICS @SANDAG CLERK - Please place entire email with links and pictures into Public Record Comment the next scheduled Sandag Board Directors Meeting FRIDAY NON AGENDA PUBLIC COMMENT. or if on time for today Nov 22 2024 9am meeting please place with Agenda 8 https://www.sandag.org/calendar @CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public Record Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON AGENDA PUBLIC COMMENT. https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda @COUNTY SUPERVISOR CLERK - Please place entire email with links and pictures into Public Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC COMMENT. https://www.sandiegocounty.gov/cob/bosa/index.html TODAY 9AM SANDAG MEETING AGAINST 1ST AMENDMENT CHAIR NORA VARGAS FORCING BOARD MEMBERS WHAT TO SAY AGENDA 8 IGNORES FREEDOM OF SPEECH Written Communications - PCCurry - Received 11/22/2024 Page 252 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2 HTML https://sandag.granicus.com/AgendaViewer.php?view_id=1&event_id=1323 PDF https://d3n9y02raazwpg.cloudfront.net/sandag/b53f4cf8-84b1-11ee-852f-0050569183fa- f2c587d1-16b7-4e64-ab4a-ccb44a00ed21-1732230794.pdf ATTEND BY ZOOM CLICK RAISE HAND TO SPEAK https://us02web.zoom.us/j/84147366940 IT IS WRONG TO FORCE ANY ELECTED REP WHAT TO SAY AT SANDAG OR ANY GOVERNMENT MEETING PLEDGE OF ALLEGIANCE TO AMERICA ONLY AGENDA 8 FORCE PRESIDING BOARD MEMBER STATE ACKNOWLEDGEMENT TO SOVEREIGN NATION "The Executive Committee considered a request to add to the Board policies a requirement that meetings be opened with the recitation of the Pledge of Allegiance and an acknowledgement of the tribal nations of the San Diego region " Proposed Amendment to Board Policy No. 004 https://legistarweb- production.s3.amazonaws.com/uploads/attachment/pdf/2988054/Item_8_- _Proposed_Amendment_to_Board_Policy_No._004.pdf A SLAP IN THE FACE TO ALL TRIBES YOUR HOLLOW LAND ACKNOWLEDGEMENT YOU WILL NOT AND CANNOT GIVE THE LAND BACK STOP PLACING PEOPLE IN YOUR DECIDED VICTIM GROUPS! WHO WERE THE FIRST THAT OWNED THE LAND? PROOF WHO OWNED LAND PREVIOUSLY CONQUERED CERUTTI MASTODON SITE SAN DIEGO NATURAL HISTORY MUSEUM FIRST HUMANS IN NORTH AMERICATHE DENISOVANS 130,000 YEARS AGO "Researchers digging at the Cerutti Mastodon site, an archaeological site from the early late Pleistocene epoch near San Diego, California, found animal remains and stone tools that show the first humans were living in North America much earlier than previously thought . The Cerutti Mastodon site was discovered by San Diego Natural History Museum researchers in November 1992 during routine paleontological work. The site eventually proved to preserve the 131,000-year-old bones, tusks and molars of a mastodon that show evidence of modification by early humans." https://the-wanderling.com/cerutti.html Earliest humans in North America were far more diverse than previously realized Skulls from ancient North Americans hint at multiple migration waves. What makes the four individuals from Mexico interesting is that none of them are quite alike. One resembles peoples from the Arctic, another has European features and one looks much like early South American skulls, while the last doesn't share features with any one population. They found that the 13,000-year-old young woman had features that most closely matched Arctic North Americans from Greenland and Alaska. The young man from 13,000 years ago, on the other hand, looked most similar to people from European Page 253 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3 populations. The middle-aged female from between 9,000 and 12,000 years ago looked much like the earliest settlers of South America. Finally, the middle-aged man from around 10,000 years ago showed no clear pattern. He had features seen in several American and Asian populations. https://www.livescience.com/skulls-from-first-north-americans-diverse.html Cerutti Mastodon Site | Story of the Discovery "In November 1992, paleontologists from the San Diego Natural History Museum were conducting routine monitoring of a construction site on State Route 54 here in San Diego, when field paleontologist Richard Cerutti spotted several fossil bones and portions of a tusk. It took 22 years to piece the story of these fossils together. And the picture it reveals just might change everything." https://www.youtube.com/watch?v=GVeOoWmUnLw&t=0s MEANWHILE SANDAG USE OUR TAX Page 254 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 MANAGED TOLL LANES EVERY FREEWAY! SANDAG 2025 REGIONAL PLAN PAGE 2 PDF SANDAG SALES TAX MEASURE G NO EXPIRATION WE ALREADY PAY 1988-2048 TRANSNET SALES TAX CONVERT ALL FREEWAYS INTO MANAGED TOLL LANES https://www.sandag.org/-/media/SANDAG/Documents/PDF/regional-plan/2025-regional- plan/2025-rp-draft-initial-concept-2024-9-13.pdf SANDAG COMMITMENT TAX PEOPLE TO FORCE TAKE TRANSIT PAGE 15 DATA COLLECTION PRIVATE HOUSEHOLD TRAVEL SURVEY DISCOURAGE TIME SAVING DRIVE OWN CAR BY INCREASE PARKING FEE https://legistarweb- production.s3.amazonaws.com/uploads/attachment/pdf/2783761/Supporting_Materials.pdf Alan Curry Page 255 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 5 https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g-sandag-is- dishonest-dysfunctional/ The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Page 256 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 257 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 258 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 259 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 260 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 261 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 262 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 263 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 264 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 265 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda District 3 and District 4 Council members should abstain from voting o n any December 3rd agenda items. December 3rd will be their last meeting they will not be preset to face consequences of their Vote. Let new Council members read study and ask questions so they will be knowledgeable informed and get ideas of what lie in wait for them! Written Communications - Public Comments Acosta - Received 12/2/24 Page 266 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Written Communications – Public Comments Henkin – Received 12/2/24 Subject: BATTERY ENERGY STORAGE IN YOUR AREA? WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can conflrm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Hello, State reps and Councilmembers, I am sending this to you because you may, one day, be called upon to approve a battery energy storage facility (BESS) in your community. I saw an article on MSN that 10 BESS facilities were being proposed or built in wildflre-prone areas like the ones in Escondido, Valley Center, and Otay Mesa, and a few others, that caught flre. In fact, the SDGE facility in Escondido caught flre despite smoke and heat detectors. Technology by itself won’t save us. They should have thought of these things flrst, but the small risks they advertise are rapidly becoming huge risks. You know the risks and the community best. Please don’t give in to the legal or other manipulation. And by the way, since I live in one of the 10 areas, it’s now personal. My latest issue with lithium-ion batteries is the danger to all of us with our normal ways of life: I wrote a few months ago: “The weather has been noticeably cooler for a few days. You would think that this would help the wildflre control. Yet this morning, the 14th, the three big flres near LA and OC, are still raging virtually uncontained: the Bridge flre at 53K acres, 3% containment; the Airport flre at 23K acres, 9% containment; the Line flre at 38K acres, 25% containment. I think the huge Park flre, which we know was started by an EV, was still burning too. Temperatures for 9/11 in San Dimas (Bridge flre) got down to the upper 50’s; San Bernardino (Line flre) and Rancho Santa Margarita (Airport flre) got down to the 60’s. Page 267 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Written Communications – Public Comments Henkin – Received 12/2/24 These flres should be on the way out. It is time, maybe past time, to study whether EV’s and battery storage facilites (BESS) are contributing to the flres’ staying power, especially with lithium’s ability to spontaneously combust multiple times. AND THESE FIRES ARE STILL GOING! Depleting our water, costing money, using flreflghter resources and lives. Also, the EV truck flre on Aug. 19 in Placer County took 50K gallons of water to put out – about 4 times what a family of 4 uses each month. So in a water-poor area, fiammable EV’s and battery storage (BESS) do not make sense. Pretty much all batteries are fiammable to some degree as is gasoline or hydrogen or even donkey crap if handled wrong. What makes lithium-ion batteries so dangerous is their ability to combust spontaneously and at relatively low temperature 248 degrees F (unlike gasoline at 495 degrees F) and the difficulty in putting out these flres. Another thing that really alarms me is that the BESS companies seem to care about economics more than safety. I saw a KGTV 10 news interview on 11/24/2024 whereJason Anderson, the President of Clean Tech San Diego (a non-proflt helping to ‘advance’ BESS tech) says that despite all the BESS flres at ‘older tech’ facilities, there are no plans to upgrade or replace them – it would be economically unfeasible (nothing about safety.) I do not see why these facilities cannot be placed in non-wildflre prone areas like Borrego Springs, Ranchita (I believe) or Ocotillo Wells, or zones like near the Salton Sea, the nearby desert areas (maybe even crossing County lines.) Another reason to reject BESS placement outside of the coastal zone is that roads in the back- country are not developed enough to handle mass evacuations. Many areas have tiny roads or just one access road which can easily be blocked and trap people and animals. Smaller communities also tend to lack shelter-in-place facilities. In addition, the insurance cost of homeowners near a BESS facility stands to be canceled or increased in that area, which is fairly discriminatory, especially if you have livestock or agribusiness. Are we all going to have to import our food at a higher price? Page 268 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Written Communications – Public Comments Henkin – Received 12/2/24 Thanks to Jim Desmond at the Board of Supervisors for recognizing the need for BESS safety standards. Hope the measure gets re-introduced ASAP, so we can control these flres BEFORE they happen and not waste resources on controlling them after. Here's what I wrote about BESS earlier: BESS in a wildflre zone is the silliest idea I’ve heard off for a while. Here are some of my thoughts on this: Lithium – used in EV batteries – unstable metal – causes spontaneous flres, repeat, spontaneous, you can’t put out, toxic fumes, mass evacuations, oh, and the flre just reignited draining flre department resources. And the response from the Big-BESS-Biz: ‘We got better technology now.’ Isn’t that what they said about the Titanic? I would recommend an enhancement or judicial recommendation for those who start BESS wildflres, to include those who knowledgeably situate a BESS facility in a high-risk area (including near civilization) with inadequate precautions. This should be an extra year for each death and an extra flne to make up for flreflghter time and resources. The Battery Storage (BESS) flre in Otay Mesa burned for about a week. Firemen were monitoring it even longer instead of being elsewhere, and they evacuated people within a mile. There are proposals for larger BESS facilities in San Marcos and Poway near a major hospitals, school, and residences, within a few hundred yards in San Marcos and 1/2 mile in Poway. Lithium ion batteries put out toxic fumes like phosphorous pentafiouride and are a huge wildflre hazard and would draw away flre dept resources to monitor flre for weeks. Whoever approves these things (The Board of Supervisors has approved a lot of them) should designate safe areas for these away from houses, schools, and hospitals and wildflre zones, environmentally sensitive areas or water sources which they would pollute. I doubt, for instance, that the EPA and all would take it too kindly if the toxics from a BESS flre fell on a national monument after all the years and effort to plan it. Page 269 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Written Communications – Public Comments Henkin – Received 12/2/24 If, as I suspect the moneyed and persuasive BESS guys do get a nearby storage site, the Fire People need to get a supply of "F-500 Encapsulator Agent" to help extinguish BESS lithium flres, which cools the flre and interrupts the chemical reaction involved in the lithium battery combustion. And for smaller BESS or EV flres, you want a supply of aqueous vermiculite dispersion (AVD) or a foam extinguisher containing powdered graphite or sodium carbonate. And it might help to put Chickenwire or other mesh over BESS facilities to reduce the danger from fioating embers or burning airborne leaves in a wildflre. Regards, Paul Henkin Page 270 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 0 5 P a g e | 1 December 3, 2024 ITEM TITLE Nakano Project: General Plan Amendment, Specific Plan, Tentative Map, and Reorganization of the Nakano Project, a Residential Project Containing up to 221 Dwelling Units South of Otay Valley River Park and Surrounded by Land in City of San Diego Report Number: 24-0248 Location: Generally, south of the Otay River and east of and adjacent to Interstate 805 (APN: 624-071-02) Department: Development Services G.C. § 84308: Yes Environmental Notice: An Environmental Impact Report (EIR22-0001) has been prepared for the proposed Project. RECOMMENDED ACTIONS Conduct the public hearing and; A) Adopt a resolution: 1. Certifying EIR22-0001 for the Project 2. Approving the Project under Annexation Scenario 2a of EIR22-0001, which includes: i. General Plan Amendment changing the land use designation of the subject property from Open Space (“OS”) to Medium Residential (“RM”) ii. Specific Plan (MPA21-0017) iii. Tentative Map (PCS21-0001) iv. Property Tax Exchange Agreement between the City of Chula Vista (“City”) and the City of San Diego (“San Diego”) v. Annexation Agreement among the City, San Diego, and Tri Pointe Homes (“Applicant”) vi. Statement of support for the reorganization of the subject property from the jurisdiction of the City into the jurisdiction of San Diego B) Place an ordinance on first reading rezoning the subject property from Agricultural (A-8) to Residential Medium (R-3) (First Reading) Page 271 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 SUMMARY Tri Pointe Homes (“Applicant”) proposes to develop up to 221 dwelling units consisting of detached condominiums, duplexes, and townhomes on a 23.77-acre parcel (“Project”) generally located south of the Otay River and east of Interstate 805 (“Project Site”). The Project Site is identified by Assessor Parcel Number 624-071-02 (Attachment 1). The Project incorporates several pocket parks and publicly accessible trail connections to the Otay Valley Regional Park (“OVRP”) and includes several improvements, including parking, landscaping, drainage, stormwater infrastructure, and associated utilities. Because the Project Site can only be accessed and receive services from the City of San Diego, the Applicant additionally proposes to have the Project Site annexed into San Diego. Prior to applying for annexation with the San Diego County Local Agency Formation Commission (“LAFCO”), the Applicant must first have the Project entitled by the City of Chula Vista. After the project entitlement process is completed, San Diego will go through their entitlement process for the project. It is anticipated that the San Diego Planning Commission will consider the project at their December 19, 2024 meeting. Should LAFCO deny the annexation of the Project Site into San Diego, the Project would comply with Chula Vista development policies and procedures, as amended. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project would create significant environmental impacts related to the following: biological resources, paleontological resources, greenhouse gas, hazardous materials, historical resources, vehicle miles traveled, tribal cultural resources, and hydrology and water quality. In accordance with Sections 15080 through 15097 of the CEQA Guidelines, and consistent with Section 15121 of the CEQA Guidelines, the Director of Development Servic es has called for the preparation of an EIR and Mitigation Monitoring and Reporting Program (“MMRP”) (EIR22-0001; SCH #2022060260) to analyze and disclose the significant environmental impacts of the Project, identify possible ways to minimize significant effects, and describe reasonable alternatives (Attachment 2). Impacts to greenhouse gas and vehicle miles traveled are considered significant and unavoidable, even with mitigation measures proposed in the Project’s MMRP (Chapter 10 of Attachment 2). Therefore, the Director of Development Services has additionally prepared a Statement of Overriding Considerations in accordance with Section 15093 of the CEQA Guidelines (Attachment 3). BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Project was presented to the Planning Commission on October 9, 2024, and they voted to recommend approval to the City Council by a vote of 4-1. The lone dissenting vote accompanied concerns about how the City would benefit from allowing the Project site to be annexed into San Diego’s jurisdiction. Staff explained that the benefit to the City is primarily in avoiding the very expensive cost of servicing the property because it is physically separated from City services by the Otay Valley River Park and can only be accessed from San Diego. The configuration between the two jurisdictions requires services to be provided by San Diego. After additional general discussion about the consequences of annexation of the subject property into San Diego’s jurisdiction and whether an alternative to annexation had been considered, the Planning Commission recommended approval of the Project. Attendees at the meeting were all in support of the proposed Project. Page 272 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 3 DISCUSSION The Project Site is currently zoned for agricultural, park, and large-lot residential uses and carries a Chula Vista General Plan land use designation of Open Space (“OS”). Constructing up to 221 homes in a subdivision with an internal private street network and access to public utilities is a significant shift from what has historically been envisioned for the site. Chula Vista General Plan and Zoning To accommodate the Project, the Applicant proposes to amend the Chula Vista General Plan to change the land use designation of the Project Site from OS to RM. The zoning of the site would also need to change to accommodate the mixed residential development, with unique characteristics and requirements ascribed to it through the proposed Specific Plan. Zoning for the Project Site would change from Agricultural (A-8) to Medium Residential (R-3 in the Specific Plan) to accommodate a planned community of up to 221 homes. The Nakano Specific Plan (Attachment 4) includes an analysis of the Project’s consistency with the Chula Vista General Plan and addresses its relationship to other regulatory and policy documents that may be impacted by its implementation. This analysis can be found in table form in Appendix B of Attachment 4 of this report. The analysis indicates that the Project:  Contributes to strong community character and image by providing additional recreational amenities and housing units that are consistent with the Project Site’s surroundings;  Supports a healthy and sustainable economy by providing workforce housing, improving local infrastructure, and investing in the area, which will attract business and enhance the region’s economic vitality;  Promotes strong and safe neighborhoods by implementing a mobility network with sidewalks on all interior streets and paseos offering safe navigation of the Project Site, as well as a small network of parks and open space that will be routinely maintained;  Improves mobility by adding street connections, sidewalks, paseos, trail connections, and bicycle facilities serving residents and visitors and tying into the existing local and regional mobility network;  Supports a healthy and sustainable environment by successfully mitigating any impacts to adjacent sensitive habitat;  Promotes effective growth and General Plan implementation by providing a mix of housing types in a compact, efficient manner that is compatible with surrounding land uses; and  Will shape the future through the present and past by incorporating landscaping elements that represent and recognize the agricultural history of the Project Site and acknowledge the former agricultural heritage of the area. Page 273 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 4 Nakano Specific Plan and Chula Vista Municipal Code Compliance The Nakano Specific Plan was developed to implement the Project in a manner consistent with the provisions of the Chula Vista Municipal Code (“CVMC”) related to medium-density residential development with some deviations. Such deviations from the CVMC are detailed in Project-specific development regulations that would become part of the zoning for the Project Site and are summarized in Table 1 below. The entire Project Site is designed to belong to the same land use designation (“RM”) and zoning (R-3), and each building in the specific plan area would be subject to the same development standards. Nonresidential uses would only be allowed through home occupations. Table 1 – Comparison of Development Standards Development Regulations CVMC R-3 Requirements Nakano Specific Plan Requirements Minimum lot size 7,000-square foot building area 1,000 square feet Maximum lot size N/A 4,000 square feet Floor area ratio (FAR) N/A 1.5 Front setback (minimum) 15 feet 10 feet Driveway length 22 feet 15 feet Interior side setback (minimum) Five (5) feet Five (5) feet or 10 percent width Street side setback (minimum) 10 feet 10 feet or 10 percent width Rear setback (minimum) 15 feet 15 feet Building height (maximum) 54 feet 30 feet Off-street parking  One bedroom  Two bedrooms  Three bedrooms  Four bedrooms  1.5 spaces  Two (2) spaces  Two (2) spaces  One additional space per bedroom for four bedrooms and above  1.5 spaces  Two (2) spaces  Two (2) spaces  Three (3) spaces Common area parking N/A 15 percent of total required parking Common open space 400 square feet per dwelling 25 square feet per dwelling Private open space 60 square feet per dwelling Per dwelling:  One bedroom 400 square feet  Two bedrooms 400 square feet  Three bedrooms 480 square feet  Four bedrooms 560 square feet Review of individual development projects within the Project Site would be subject to the Design Review process as outlined in CVMC sections 19.14.582 through 19.14.600. Page 274 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 5 Tentative Map If approved, the Project would be consistent with the applicable provisions of the Subdivision Map Act, the Chula Vista General Plan (as amended), the Subdivision Manual, and the CVMC. The RM designation in the General Plan allows a density between six (6) and 11 dwellings per acre, and the Tentative Map indicates an approximate density of 9.05 dwellings per acre for the Project. Although the Applicant requests approval of up to 221 dwellings for the Project, the Tentative Map only shows 215 dwellings, incl uding 61 detached condominiums, 84 duplexes, and 70 townhomes (Attachment 5). Approval of the additional units would provide the Applicant with the flexibility to respond to changes in site conditions and/or market conditions and must be recorded in the Final Map should they be developed. The Project as detailed in the Tentative Map layout is designed to provide sensible transitions from the intensity of development along Dennery Road to the OVRP north of the Project Site. The Project includes several pocket parks, paseos, and trail connections to the OVRP, emphasizing the latter for residents and members of the surrounding community. An existing trail connection running along the western side of the Project Site would be retained to provide connection to the OVRP trail system. In addition to the north-south trail connection, the Project would provide trail improvements within the parcel to the north to enhance the OVRP trail system. Trail improvements would be constructed consistent with OVRP trail guidelines. Primary access for the Project Site is provided from Dennery Road, a four-lane collector road in San Diego. The site cannot be accessed from the City because it is separated from the rest of the City by the Otay River and San Diego. Secondary access is provided by way of an emergency-only connection to the neighboring RiverEdge Terrace development to the east. The internal street network is intended to be private and would contain all utility and drainage connections. The Tentative Map contains an analysis of the site’s ability to accommodate emergency vehicles utilizing the proposed layout. Fire apparatus would be able to successfully navigate the Project Site whether entering from Dennery Road (primary access) or the adjacent development (emergency access). Grading would occur on approximately 21 acres within the Project Site and adjacent land areas. Offsite grading areas include a small portion of the OVRP to the north for remedial grading and trail improvements, as well as the adjacent property to the east, where the emergency-only access road is proposed. Legislative Actions Approval of the Project requires certification of the EIR for the Project, approval of a General Plan Amendment, approval of the Nakano Specific Plan, approval of a Tentative Map for the Nakano Project, and approval of various agreements among the Applicant, the City, and San Diego. Each of the actions is required to be performed by the City Council after conducting a public hearing. The Project would then go through a similar process in San Diego, navigating public hearings before their respective Planning Commission and City Council, after which an application for reorganization (annexation) would be filed with LAFCO. It is anticipated that San Diego will present the Project at their Planning Commission on December 19, 2024. The Project EIR identifies three development scenarios. The first, the No Annexation Scenario, would allow the Project to be entitled, permitted, and developed primarily in Chula Vista. Scenario 2a considers that the Project will be entitled in Chula Vista, and annexation will occur prior to any development activity (permitting), while Scenario 2b considers that annexation will occur after all Page 275 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 6 entitlements and site development activities have been approved and completed. Staff and the Applicant prefer Scenario 2a, and this is the development scenario under which the Planning Commission recommended approval of the Project. Additionally, the Annexation Agreement discussed below assumes that the Project will be developed under Scenario 2a. Annexation Procedurally, annexation of the Project Site into the jurisdiction of San Diego would follow approval of the General Plan Amendment, Specific Plan, and Tentative Map and certification of the EIR by the City. This would simplify development of the Project by bundling required entitlements in one jurisdiction and implementing the Project’s development in the other. The Project Site can only be accessed from San Diego and would receive utility and public safety services from that jurisdiction. Annexation ensures the efficient and cost- effective delivery of those services without sacrificing public benefits like access to the existing OVRP. Tax Exchange Agreement The annexation process entails a sphere of influence boundary amendment and resolutions from the City and San Diego necessary to initiate an application with LAFCO. This action would ultimately detach the Project Site from Chula Vista and annex it into San Diego for development. In anticipation of the annexation of the Project Site, the City is prepared to agree to a property tax exchange with San Diego as required by Section 99 of the California Revenue and Taxation Code. The Tax Exchange Agreement (Attachment 6) indicates that the City will receive all property tax revenue generated by the Project Site before the annexation date, which is defined in the Tax Exchange Agreement as the date established by LAFCO as the effective date of the annexation of the Project Site. On and after the annexation date, all property tax revenue will go to San Diego. Annexation Agreement As part of the annexation process, the City will enter into an agreement with the Applicant and San Diego regarding the responsibilities of each jurisdiction/party as they pertain to the annexation of the Project. The Annexation Agreement (Attachment 7) establishes the process for and the terms and conditions by whic h the Project Site would be annexed into San Diego after approval. For the purposes of CEQA compliance, the City agrees that it will serve as the Lead Agency for review of the Project, and San Diego will serve as a Responsible Agency. However, San Diego is responsible for leading the LAFCO application process after approval of the Project and must file an application for reorganization within 60 calendar days of the effective date of the Annexation Agreement, which can be the same date as the approval of the Project. The City must adopt a resolution supporting the reorganization within 10 calendar days of the effective date of the Annexation Agreement, and the Applicant must submit a landowner consent form in support of the reorganization to LAFCO within 30 days of the effective date of the Annexation Agreement. The Annexation Agreement defines the effective date as the first date on which all three parties have approved and executed the Annexation Agreement. The Annexation Agreement further stipulates that the City will process the development entitlements for the Project, while San Diego will process development permits and recordation of a Final Map after the reorganization/annexation. The two jurisdictions will coordinate on the application and enforcement of any conditions attached to the Project through the Chula Vista approval process. San Diego is obligated to provide municipal services to the Project Site on a cost-neutral basis, which means that the Applicant is responsible Page 276 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 7 for ensuring that San Diego’s cost for providing these services will be equal to or less than the anticipated revenue generated by the Project Site. Public Participation Pursuant to Section 15087 of the CEQA Guidelines, the draft EIR for the Project was circulated for public review from April 26 to June 26, 2024. After receiving five (5) comment letters, responses were prepared and incorporated into the final EIR. In addition to public participation generated through the circulation of the EIR for the Project in accordance with the CEQA Guidelines, the Applicant sought public input from two advisory groups spanning three affected jurisdictions. As the Project is expected to be annexed into San Diego, public participation was solicited consistent with the noticing and public meeting requirements of the OVRP Citizens’ Advisory Committee (County of San Diego/City of San Diego/City of Chula Vista) and the Otay Mesa Community Planning Group (City of San Diego). The Otay Mesa Community Planning Group is the recognized Community Planning Group for the planning area in San Diego that this property would be located should the annexation be approved by LAFCO. The OVRP Citizens’ Advisory Committee met on December 14, 2023, and by a vote of 6-2, the committee recommended approval of the Project. The Otay Mesa Community Planning Group met on March 20, 2024, and recommended approval of the Project by unanimous vote (with one abstention). DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and found no property holdings within 1,000 feet of the boundaries of the Project Site. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware nor has 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 All costs associated with processing the proposed rezone and associated documents are borne by the applicant, resulting in no current-year fiscal impact to the General Fund or Development Services Fund. ONGOING FISCAL IMPACT The Development Planning & Financial Group (“DPFG”), a consultant hired by the Applicant to conduct an analysis of the Project’s ongoing fiscal impacts to City revenues and expenditures, concluded that the Project would result in a net fiscal deficit for the City in all but its first year if approved and were to remain in Chula Vista’s jurisdiction. This conclusion was based on incorporating three assumptions into the City’s standard model for fiscal analysis: (1) an increase in the assessed value of residential property due to turnover (resale) using an annual escalation factor of 3.5 percent, consistent with the historical average of several recognized indices; (2) a 50 percent capture rate of sales tax revenue generated by the proposed Project; and (3) increased costs related to public safety service provision resulting from increased travel distances. The analysis is part of the justification for annexation of the subject property into San Diego’s jurisdiction and is explained in more detail in Exhibit F of Attachment 7 of this report. Page 277 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 8 ATTACHMENTS 1. Location Map 2. Final EIR22-0001 a. Notice of Preparation and Comment Letters b. Environmental Policy Consistency Analysis c. Air Quality Technical Report d. Biological Resources Technical Report e. Geotechnical i. Geotechnical Investigation ii. Update to Geotechnical Investigation iii. Addendum to Geotechnical Report and Response to City of San Diego Comments iv. Response to City of San Diego Comments v. Infiltration Feasibility Condition Letter vi. Response to City Comments f. Paleontology i. Paleontology Report ii. Paleontology Addendum Letter g. Greenhouse Gas Technical Report h. Environmental Site Assessment i. Final Phase I ESA - Nakano ii. Phase I – Davies Property iii. Davies Soil and Groundwater Sampling Report iv. Health Risk Assessment v. Public Notice Results of Site Investigations for Site Closure vi. Results of Site Investigations and Request for Site Closure i. Fire Protection Plan j. Evacuation Plan k. Cultural Resources i. Cultural Resources Inventory Evaluation Report ii. Archeological Addendum Letter iii. NAHC List l. Noise Report m. Transportation i. Vehicle Miles Traveled Analysis ii. Local Mobility Analysis n. Storm Water Quality Management Plan o. FEMA Map Amendment p. Public Facilities i. Public Facilities Financing Plan ii. Plan for Services Letter q. Service Letters and Responses r. Correspondence from the City of San Diego s. Sewer Study t. Water Analysis – Dennery Ranch u. Waste Management Plan 3. Findings and Statement of Overriding Considerations 4. Specific Plan 5. Tentative Map Page 278 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 9 6. Property Tax Exchange Agreement 7. Annexation Agreement 8. Planning Commission Resolution No. 2024-15 9. Disclosure Statement Staff Contact: Desmond Corley, Principal Planner, Development Services D. Todd Philips, Ed.D., Planning Manager, Development Services Laura C. Black, AICP, Director of Development Services Page 279 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda MAIN ST PALM AV I- 8 0 5 F R E E W A Y DE N N E R Y R D OCE A N H I L L S P W BR A N D Y W I N E A V City of Chula Vista City of San Diego PROJECT LOCATION NORTH No Scale J:\Planning\Public Notices\MPA\MPA210017.pdf SCALE:FILE NUMBER: PROJECT ADDRESS: Between I-805 and Dennery Road (APN: 624-071-02) MPA21-0017 PROJECT APPLICANT:LOCATOR PROJECT DESCRIPTION:MAJOR PROJECT APPLICATION Project Summary: Specific Plan and Tentative Map to allow up to 221 residential units and associated improvements. Related cases: MPA21-0016, PCS21-0001, EIR22-0001 Tri Pointe Homes CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT NORTH MPA21-0017 Page 280 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Attachment 2 – Nakano FINAL EIR22-0001 https://cvapps.chulavistaca.gov/WebLink/DocView .aspx?id=257953 and Appendices https://cvapps.chulavistaca.gov/WebLink/browse. aspx?startid=257939 Page 281 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CANDIDATE CEQA FINDINGS OF FACT and STATEMENT OF OVERRIDING CONSIDERATIONS for the NAKANO PROJECT Project No. EIR22- 0001 SCH No. 2022060260 October 2024 Page 282 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda i TABLE OF CONTENTS Section Page I. INTRODUCTION .............................................................................................................. 1 A. California Environmental Quality Act ............................................................................. 1 B. Record of Proceedings ................................................................................................. 2 C. Custodian and Location of Records ............................................................................... 3 II. PROJECT SUMMARY ........................................................................................................ 3 A. Project Objectives........................................................................................................ 3 B. Project Description ...................................................................................................... 3 III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION ............................................. 9 A. Notice of Preparation ................................................................................................... 9 B. Public Review of EIR .................................................................................................... 9 C. Final EIR ..................................................................................................................... 9 IV. GENERAL FINDINGS ..................................................................................................... 10 V. FINDINGS REQUIRED UNDER CEQA ............................................................................. 11 A. Legal Effects of Findings ............................................................................................ 11 VI. MITIGATION MONITORING AND REPORTING PROGRAM ............................................ 12 VII. SUMMARY OF IMPACTS................................................................................................. 12 VIII. LESS THAN SIGNIFICANT IMPACTS .............................................................................. 13 IX. SIGNIFICANT EFFECTS AND MITIGATION MEASURES ................................................. 13 A. Impacts Mitigated to Less than Significant Levels: Findings Pursuant to State CEQA Guidelines Section 15091(a)(1) ................................................................. 13 B. Impacts that can only be Mitigated to Less than Significant Levels by Another Jurisdiction: Findings Pursuant to State CEQA Guidelines Section 15091(a)(2) .............. 13 C. Impacts that would remain Significant and Unavoidable: Findings Pursuant to State CEQA Guidelines Section 15091(a)(3) ............................................................. 42 X. FINDINGS REGARDING ALTERNATIVES ....................................................................... 45 A. No Project (No Development) Alternative .................................................................... 45 B. No Project (Development Under the Existing General Plan) Alternative .................................. 46 C. Reduced Footprint Wetland Impact Reduction Alternative ............................................. 47 XI. STATEMENT OF OVERRIDING CONSIDERATIONS ........................................................ 48 Overriding Benefits ................................................................................................................ 48 XII. FINDINGS REGARDING OTHER CEQA CONSIDERATIONS ............................................ 49 A. Growth Inducement ................................................................................................... 49 B. Significant Irreversible Environmental Changes ............................................................ 51 XIII. DECISION AND EXPLANATION REGARDING RECIRCULATION OF THE EIR ................. 51 Page 283 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 1 I. INTRODUCTION The following Findings of Fact (Findings) and Statement of Overriding Considerations have been prepared for the Nakano Project (Project) (Project No. EIR22-0001). The environmental effects of the Project are addressed in the Final Environmental Impact Report (Final EIR) (State Clearinghouse No. 2022060260) dated April 2024, which is incorporated by reference herein. A. California Environmental Quality Act The California Environmental Quality Act (CEQA) (Public Resources Code Section 21000, et seq.) and the State CEQA Guidelines (CEQA Guidelines; 14 California Code of Regulations, Section 15000, et seq.) promulgated thereunder require that the environmental impacts of a project or program be examined before a project is approved. In addition, once significant impacts have been identified, CEQA and the CEQA Guidelines require that certain findings be made before project approval. While staff of a decision - making body can assist in recommending adoption of findings t o proceed on a project subject to a certified EIR, only the decision-making body has the authority to make such findings. Specifically, CEQA Guidelines Section 15091(a) states that no public agency shall approve or carry out a project or program for which an EIR has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless such public agency makes one or more of the following findings for each potentially significant effect: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects on the environment; (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can or should be, adopted by that other agency; or (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the EIR. CEQA also requires that the findings made pursuant to Section 15091 of the CEQA Guidelines be supported by substantial evidence in the record (Section 15091(b) of the CEQA Guidelines). Under CEQA, substantial evidence means enough relevant information has been provided (and reasonable inferences from this information may be made) that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Substantial evidence must include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts (Section 15384 of the CEQA Guidelines). When making the findings required in CEQA Guidelines Section 15091(a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. The following Findings have been submitted to the City Council of the City of Chula Vista (City), as the decision-making body, to be approved for the Project pursuant to CEQA. The Project, as detailed Page 284 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 2 below, would result in significant and unavoidable impacts. Therefore, a Statement of Overriding Considerations is included herein (see Section X) as part of the Project’s Findings. Having received, reviewed, and considered the Final EIR for the Project (EIR 22 -0001, State Clearinghouse No. 2022060260), as well as all other information in the Record of Proceedings (as defined below) on this matter, the following Findings are hereby adopted by the City in its capacity as the CEQA lead agency. These Findings set forth the environmental basis for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the Project. B. Record of Proceedings For purposes of CEQA and these Findings, the Record of Proceedings for the Project consists of the following documents and other evidence, at a minimum:  The Notice of Preparation (NOP) and all other public notices issued by the City in conjunction with the Project;  Comments received on the NOP;  The Draft EIR for the Project;  All written comments submitted by agencies or members of the public during the public review comment period on the Draft EIR;  All responses to written comments submitted by agencies or members of the public during the public review and comment period for the Draft EIR;  All written and oral public testimony presented during a noticed public hearing for the Project at which such testimony was taken;  The Mitigation Monitoring and Reporting Program (MMRP);  All documents, studies, EIRs, or other materials incorporated by reference or cited in the Draft EIR and the Final EIR;  All supplemental documents prepared for the EIR and submitted to the City Council prior to its public hearing on the Project;  Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations;  Any documents expressly cited in these Findings;  City staff report prepared for the public hearing related to the Project and any exhibits thereto;  Project permit conditions; and  Any other relevant materials required to be in the Record of Proceedings by Public Resources Code Section 21167.6(e). Page 285 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 3 C. Custodian and Location of Records The documents and other materials which constitute the Record of Proceedings for the City’s actions on the Project are located at the offices of the Development Services Department (DSD) at 276 Fourth Avenue, Chula Vista, CA 91910. DSD is the custodian of the Project’s Record of Proceedings. Copies of the documents that constitute the Record of Proceedings are and at all relevant times have been available upon request at the offices of DSD. The Draft and Final EIR are available for review on the City’s CEQA website at: https://www.chulavistaca.gov/departments/development-services/planning/planning-digital- library/eir. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines Section 15091(e). II. PROJECT SUMMARY A. Project Objectives The objectives of the Project include the following: 1. Develop underutilized property to provide housing in response to regional housing needs. 2. Achieve efficient provision of services through reorganization of the property through an application to the San Diego Local Agency Formation Commission (LAFCO) to detach from the City and Otay Water District (OWD) and annex into the City of San Diego. 3. Provide a compact residential development pattern that is conducive to walking and bicycling. 4. Construct a variety of housing types at a density range that maximizes development potential consistent with the surrounding residential communities. 5. Provide amenities that contribute to the nearby Otay Valley Regional Park (OVRP) recreational uses and community connectivity, including an overlook to the park and multi-modal connections. 6. Generate financial benefits to the local economy, through efficient provision of public services, providing workforce housing, and generating property tax and local jobs. B. Project Description The Project is a residential development consisting of up to 221 detached condominiums, duplexes, and townhomes – including 22 affordable homes – and their supporting amenities. Recreational amenities include pocket parks, an overlook park associated with the OVRP, and publicly accessible trail connections to the OVRP. Primary site access is proposed via an off -site connection to Dennery Road, and secondary emergency access is proposed via a connection to Golden Sky Way in the adjacent RiverEdge Terrace residential development. The Project proposes a private internal street network and would require off -site remedial grading north of the Project site on property owned by the City. Page 286 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 4 The EIR analyzes three possible development scenarios, one of which is the subject of these Findings: Annexation Scenario 2a. These Findings are applicable to Annexation Scenario 2a, for which the City is the lead agency and decision-making body. Under Annexation Scenario 2a, site grading and development of the Project site would not proceed until after approval of City discretionary actions and the LAFCO reorganization process is complete. In this scenario, the City of San Diego would issue grading and building permits for the Project site and all off- site improvement areas after approval of the LAFCO reorganization. All three scenarios would be set in the same project footprint and include the same physical design, including the requirement for approvals from the United States Army Corps of Engineers, the Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Wildlife (CDFW) for proposed changes to on-site drainage. The following is a summary of the Project components under Annexation Scenario 2a. Residential Unit Mix While the site plan identifies a total of 215 units consisting of 61 detached condominiums, 84 duplexes, and 70 townhome dwelling units (see Final EIR, Table 3-1 and Figure 3-1), the environmental analysis assumes up to 221 units to account for potential changes in the unit mix. The detached condominiums would be two-story, standalone units that share no adjoining walls with neighboring units. The condominiums would feature three to five bedrooms and attached two -bay garages and would range in size from approximately 1,761 to 2,135 square feet. Duplex units would range in size from approximately 1,461 to 1,668 square feet. The attached townhomes would consist of four to five units clustered in a row with no separation between units. The townhomes would be two or three stories with varied roof pitching. Each townhome unit would include two to four bedrooms, two to two-and-one-half bathrooms, and a two-bay garage. The townhome units would range in size from approximately 1,083 to 1,480 square feet. The Project would provide 10 percent of the total units, or 22 units, as affordable. A total of 11 units would be affordable to low-income households (five percent of the total) and 11 units would be affordable to moderate-income households (five percent of the total). Access and Off-site Roadway Improvements Access to and from the Project site would be provided via Dennery Road, a City of San Diego 4-Lane Collector located southeast of the Project site. At the Project entrance along Dennery Road, the existing driveway would be replaced with a full curb and gutter, and a new 25-foot-wide driveway would be constructed approximately 40 feet southwest of the existing driveway. The Project would remove and/or repair existing trees and landscaping affected by driveway construction. Page 287 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 5 The following off-site improvements would be implemented at this intersection:  Palm Avenue Left Turn Bay Storage: To accommodate additional Project trips, for eastbound left turns, the Project would extend the existing left turn bay storage at the intersection of Palm Avenue and Dennery Road by an additional 85 feet to provide approximately 365 feet of left turn bay storage.  Dennery Road Right Turn Bay Storage: To accommodate additional Project trips, for southbound right turns, the Project would extend the right turn bay by an additional 50 feet to provide approximately 145 feet of right turn ba y storage.  As part of the City of San Diego’s street safety policy, Systemic Safety: The Data-Driven Path to Vision Zero, upgraded signal heads with backplates with retroreflective borders would be installed by the Project at all intersection approaches to increase the visibility of traffic signals and reduce incidences of vehicles proceeding through red lights.  As part of the City of San Diego’s street safety policy, Systemic Safety: The Data-Driven Path to Vision Zero, proposed improvements at the intersection of Palm Avenue and Dennery Road include the installation of audible countdown pedestrian heads for each pedestrian phase and upgrading the traffic controller to a 2070 controller including software update and communications equipment per current City of San Diego standards.  To accommodate the Project’s eastbound U-turning vehicles along Dennery Road, the Project would extend the left turn bay storage by an additional 50 feet at the intersection of Dennery Road and Red Coral Lane/Red Fin Lane to provide approximately 240 feet of left turn bay storage. Open Space, Recreation Amenities, and Landscaping The Project would include several pocket parks, paseos, and trail connections to the OVRP (see Final EIR Figure 3-6). The central overlook pocket park at the northern boundary would provide a trail connection to the OVRP. The pocket park at the northwestern corner of the Project site would offer two playground areas. An approximate 0.04-acre monument entry pocket park would be provided near the Project entrance. The Project would emphasize trail connections to the OVRP for both residents and members of the surrounding community. An existing trail connection running along the western side of the Project site would be retained as a 7-to-8-foot-wide trail enhanced with decomposed granite surfacing to provide connection to the OVRP trail system. In addition to the north -south trail connection, the Project would provide trail improvements within the parcel to the north to enhance the OVRP trail system. The trails in the north within the OVRP would be 8 feet wide, with decomposed granite surfacing, header boards on each side, and peeler pole fencing on one side of the trail. Trail improvements would be constructed consistent with OVRP trail guidelines. The Project has prepared a detailed landscape plan to guide the appearance and functionality of landscaping within the Project site. Street trees would be provided along Dennery Road in addition to the proposed private streets. Native, drought-tolerant species would be emphasized for water conservation, fire resistance, and erosion control. The homeowners association would be responsible for long-term maintenance of all landscaping outside of individual homeowner lots. All constructed Page 288 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 6 slope areas would be landscaped in compliance with City standards relating to minimum planting and landscaped area requirements. Fire Management The Project would incorporate fuel modification alongside roadways and generally within 100 feet of residences. Where 100 feet of brush management cannot be accommodated, alternative compliance measures would be incorporated to provide enhanced fire protection. Alternative compliance measures include the installation of radiant heat walls that include either 6-foot masonry walls or 6-foot masonry with glass view fence wall. Brush management zones and alternative compliance features are depicted on Final EIR Figure 3-9. Both walls would provide fire protection; however, the masonry with glass view wall would be provided along the northern Project border to provide views toward the Otay River. Additional alternative compliance measures would be installed including dual-glazed/ dual-tempered panes and additional 10-foot perpendicular returns along adjacent wall faces. Signage, Lighting Walls, and Fencing The Project would include vertical monument signage with lighting within private property, along the Project frontage at the entrance driveway from Dennery Road. Additional monument s ignage with lighting within private property is proposed at the entry into the residential area at the Project entrance driveway, outside of the public right-of-way. Lighting is proposed throughout the development for safety and aesthetic purposes. Pole-mounted lighting would be provided along private streets and bollard lighting is proposed within the pocket parks along the northern end of the Project site. Trail signage is also proposed. The rear of residential lots along the northern Project boundary would have glass and block fire-rated walls for alternative compliance fire protection, while providing views to the adjacent open space. These walls would be a maximum of 6-foot-tall concrete masonry unit wall topped with a 3-foot tall glass component. Composite split rail fencing with chain-link attached is proposed throughout the Project site, specifically along proposed trails and pedestrian paths, and along the Project boundaries and detention basin located in the northwest portion of the Project site. 6-foot-tall masonry block walls with decorative caps are proposed at the rear of certain yard areas where noise attenuation is needed. In other areas, 6 -foot-tall, non-combustible, fire-retardant wood fence or vinyl fencing is proposed to separate rear ya rds. To accommodate the Project site access from Dennery Road while maintaining roadway design standards along Private Street A, a concrete masonry block retaining wall is proposed along the south side of Private Street A to retain the adjacent slope. This wall would run a length of 419 feet with a maximum height of 14 feet. Just east of Lot 14, an approximately 125-linear-foot-long stepped retaining wall with a maximum height of 24 feet would be constructed to retain the adjacent slope. Approximately 23.6 feet of the wall height would be exposed. Fence and wall details are depicted on Final EIR Figure 3-10. Grading Grading is proposed on a total of 21.18 acres within and adjacent to the Project site. Off -site improvement areas would include an approximate 0.45-acre area of remedial grading and trail improvements within the OVRP to the north. Off -site improvements to the south and east would include grading within an approximate 1.28-acre area of disturbance associated with the Project’s Page 289 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 7 access road and secondary emergency only access road located in the City of San Diego. The total Project disturbance footprint including all grading, off -site improvement areas, and buffer areas beyond grading limits is 23.37 acres. Development Regulations In Annexation Scenario 2a, the City of San Diego would adopt a prezoning ordinance to allow for the Project site to be zoned Residential Multiple Unit 1-1 (RM-1-1), which would permit a maximum density of one dwelling unit for each 3,000 square feet of lot area. The Project site would be designated Residential- Low Medium in the Otay Mesa Community Plan and City of San Diego General Plan. Development regulations for the Project site would be as defined in the San Diego Municipal Code (SDMC) for the RM-1-1 zone except for two deviations requested as follows:  A deviation is proposed for minimum and standard side yard setbacks where the required minimum side yard setback is 5 feet or 10 percent of the premises width (100 feet), whichever is greater; the proposed minimum side yard setback is 10 feet. Where the standard setback is 8 feet or 10 percent of the premises width (100 feet), whichever is greater, the proposed standard side yard setback is 10 feet. A deviation is requested to increase the retaining wall hei ght outside of the required yard in the RM-1-1 zone from 12 feet to 204 feet. The reduced setbacks and increased wall height allow the proposed development to meet the Otay Mesa Community Plan design guideline objective of providing a diversity of housing opportunities for a variety of household types, lifestyles, and income levels, while meeting conservation goals for environmentally sensitive lands and maximizing the health, safety, and welfare of the community. Requiring 100 feet minimum and standard side yard setbacks and 12 feet maximum retaining wall height will eliminate much of the development footprint, and the Project will not be able to maximize the number of residential units. Additionally, site design regulations would be adopted through an uncodified ordinance. The Project would be required to comply with RM-1-1 zone regulations, and proposed deviations, site design criteria, and conditions of approval would be part of the uncodified ordinance. Based on the proposed RM-1-1 zone, the Project site could accommodate up to 345 units; however, the maximum development potential for the Project site would be limited to 221 units through the uncodified ordinance. Discretionary Actions The discretionary actions for the City under Annexation Scenario 2a would include the following:  Amend the City’s General Plan to remove the Open Space (OS) designation and designate the Project site as Residential Medium to allow residential development at a density range of 6.1 to 11 dwelling units per acre.  Adopt the Nakano Specific Plan to establish the land use, intensity, development regulations, design standards, and primary infrastructure components needed to support development of the site.  Approve a Tentative Map to subdivide the property as a condominium project as defined by Section 4125 of the Civil Code of the State of California and as filed pursuant to the Subdivision Map Act. Page 290 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 8  Certify the Project EIR.  Adopt the CEQA Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program for the Project.  Adopt a Resolution of Support for the City of San Diego’s Application to LAFCO consenting to the reorganization annexing the Project site into the City of San Diego.  Approve an Annexation Agreement outlining the process by which the Project would be processed and annexed into the City of San Diego. After approval of the City of Chula Vista discretionary actions, the following City of San Diego actions would be required:  Adopt a Prezoning Ordinance delineating the zoning territory not yet incorporated into the City of San Diego as Residential Multiple Unit Zone, RM-1-1. The Prezone Ordinance would be initiated by and receive a recommendation from the Planning Commission. The Prezone Ordinance would require City Council approval and would not be effective until after the effective date of the LAFCO approval of the Nakano Reorganization.  Amend the City of San Diego General Plan to designate the site Residential.  Amend the Otay Mesa Community Plan to designate the site as Residential – Low Medium.  Adopt Site Development Plan Findings as required by SDMC Section 126.0505 for the off -site primary and secondary emergency only access roads currently within the City of San Diego.  Approve a Multiple Species Conservation Program (MSCP) Subarea Plan Minor Amendment to include the property within the City of San Diego Subarea Plan.  Approve a Resolution of Application to LAFCO.  Approve an Annexation Agreement outlining the process by which t he Project would be processed and annexed into the City of San Diego.  Approve a City of San Diego sewer easement vacation pursuant to Section 66434(G) of the Subdivision Map Act. Adopt an uncodified ordinance allowing site development to proceed after annexation. The uncodified ordinance would ensure Project consistency with the Land Development Code and applicable City of San Diego requirements.  Wetland Deviation findings based on the Biologically Superior Option in accordance with SDMC Section 143.0150 for the portion of the Project site.  Amend the City of San Diego City Council District Boundary to incorporate the Project site into District 8.  Annex the Project site into the Ocean View Hills Maintenance Assessment District. Page 291 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 9 The following actions would be required to be taken by LAFCO:  Approve a City of San Diego and City of Chula Vista Sphere of Influence Revision.  Approve a resolution to detach the site from the City of Chula Vista and Otay Water District.  Remove the site from the City of Chula Vista and Annex the Project site to the City of San Diego. Additionally, prior to submittal of a LAFCO application, the OWD would provide a Resolution or Letter of Support to remove the property from the OWD boundaries and annex the property into the City of San Diego for water services. Lastly, San Diego Gas & Electric would be required to approve easement vacations along the northern and eastern property line as shown on the Tentative Map. Easements would be vacated pursuant to Section 66434(G) of the Subdivision Map Act. III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION A. Notice of Preparation In compliance with Section 15082 of the CEQA Guidelines, the City published a NOP on May 5, 2022, which began a 30-day period for comments on the appropriate scope of the Draft EIR. Consistent with Public Resources Code Section 21083.9 and Section 15082 of the CEQA Guidelines, a public scoping meeting was to be held to solicit comments regarding the scope and analysis of the EIR. However, due to the declared state of emergency related to the COVID-19 virus and in the interest of protecting public health and safety, the City followed health mandates from Governor Newsom and the County of San Diego (County) to slow the spread of the COVID-19 virus by limiting public meetings. Therefore, the City did not conduct an in-person scoping meeting. A pre-recorded presentation was made available on the City’s website from May 5 to July 14, 2022, in addition to publication of the NOP. Comment letters received during the NOP review period are included in the Final EIR as Appendix A. B. Public Review of EIR The City published the Draft EIR on April 26, 2024. Pursuant to CEQA Guidelines Section 15085, upon publication of the Draft EIR, the City filed a Notice of Comple tion with the State Clearinghouse of the Governor’s Office of Planning and Research indicating that the Draft EIR had been completed and was available for review and comment by the public until June 11, 2024. The public review period was subsequently extended to June 26, 2024, to accommodate a request from the United States Fish and Wildlife Service and CDFW. At this time, the City also posted a Notice of Availability of the Draft EIR pursuant to CEQA Guidelines Section 15087. C. Final EIR On October 9, 2024, the Planning Commission held a public hearing to consider the Project and, by a 4-1 vote, recommended approval of the Project and certification of the Final EIR. On [date], the City Council certified the Final EIR, adopted these Findings of Fact, and approved the Project. Page 292 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 10 IV. GENERAL FINDINGS The City hereby finds as follows:  Pursuant to CEQA Guidelines Sections 15050 and 15051, the City is the “Lead Agency” for the Project.  The Draft EIR and Final EIR were prepared in compliance with CEQA and the CEQA Guidelines.  The City has independently reviewed and analyzed the Draft EIR and Final EIR, and these documents reflect the independent judgment of the City.  A MMRP has been prepared for the Project, which the City has adopted or made a condition of approval of the Project. That MMRP is incorporated herein by reference and is considered part of the Record of Proceedings for the Project.  The MMRP designates responsibility and anticipated timing for the implementation of mitigation measures. The City will serve as the MMRP Coordinator.  In determining whether the Project has a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of Public Resources Code, the City has based its decision on substantial evidence and has complied with Public Resources Code Sections 21081.5 and 21082.2 and CEQA Guidelines Section 15901(b).  The impacts of the Project have been analyzed to the extent feasible at the time of certification of the Final EIR.  The City reviewed the comments received on the Draft EIR and the responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information regarding environmental impacts associated with the Project. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings concerning the environmental impacts identified and analyzed in the Final EIR.  The responses to comments on the Draft EIR, which are contained in the Final EIR, clarify and amplify the analysis in the Draft EIR, and do not result in new information being added to the Final EIR that would require recirculation pursuant to CEQA Guidelines Section 15088.5(a).  The City has made no decisions that constitute an irretrievable commitment of resources toward the Project prior to certification of the Final EIR, nor has the City previously committed to a definite course of action with respect to the Project.  Copies of all the documents incorporated by reference in the Draft EIR and/or Final EIR are and have been available upon request at all times at the offices of the City, custodian of record for such documents or other materials.  Having received, reviewed, and considered all information and documents in the record, the City hereby conditions the Project and finds as stated in these Findings. Page 293 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 11 V. FINDINGS REQUIRED UNDER CEQA Public Resources Code Section 21002 provides that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available that would substantially lessen the significant environmental effects of such projects[...]” The same statute states that the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of proposed projects or programs and the feasible alternatives or feasible mitigation measures that will avoid or substantially lessen such significant effects.” Public Resources Code Section 21002 goes on to state that “in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects.” The mandate and principles described in Public Resources Code Section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects or programs for which EIRs are required. For each significant environmental effect identified in an EIR for a proposed project or program, the approving agency must issue a written finding reaching one or more of th ree permissible conclusions. The first such finding is that “changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR” (CEQA Guidelines Section 15091(a)(1)). The second permissible finding is that “such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency” (CEQA Guidelines Section 15091(a)(2)). The third potential conclusion is that “specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR” (CEQA Guidelines Section 15091(a)(3)). Public Resources Code Section 21061.1 defines “feasible” to mean “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.” CEQA Guidelines Section 15364 adds another factor: “legal” considerations (see also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565). CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. Project modifications or alternatives are not required; however, where such changes are infeasible or where the exclusive jurisdiction and responsibility for modifying the Project lies and has been implemented by with some other agency (CEQA Guidelines, Section 15091, subd. (a), (b), and (c)). A. Legal Effects of Findings To the extent that these Findings conclude that various design features incorporated into the program and mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded, or withdrawn, the City hereby binds itself to implement these design features and mitigation measures. These Findings, therefore, constitute a binding set of obligations that will come into effect when the City formally approves the Project. Page 294 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 12 The Project design features and adopted mitigation measures are included in the MMRP adopted concurrently with these Findings and will be effectuated through the process of constructing and implementing the Project. VI. MITIGATION MONITORING AND REPORTING PROGRAM As required by Public Resources Code Section 21081.6(a)(1), the City, in adopting these Findings, also concurrently adopts an MMRP. The MMRP is designed to ensure that during Project implementation, all responsible parties comply with the feasible mitigation measures identified below. The MMRP is described in the document entitled “Mitigation Monitoring and Reporting Program,” included as Chapter 10 of the Final EIR. The City will use the MMRP to track compliance with required mitigation measures. T he MMRP will be available for the public to review by request during the mitigation compliance period, which is ongoing following program approval and through buildout of future projects implemented under the conditions of the program. The MMRP will serve the dual purpose of verifying completion of the mitigation measures for the program and generating information on the effectiveness of the mitigation measures to guide future decisions. VII. SUMMARY OF IMPACTS The Final EIR contains an environmental analysis of the potential impacts associated with Project implementation. The Final EIR concludes that the Project would have no significant impacts and require no mitigation measures associated with the following issue areas:  Land Use (Physically Divide a Community; Plan Consistency; Deviation or Variance)  Air Quality (All Thresholds)  Biological Resources (Wildlife Corridors and Nurseries; Conflicts with Plans)  Geologic and Paleontological Resources (All Thresholds)  Health and Safety (Handling, Storage and Treatment; Emissions near School; Airport Safety; Emergency Plans; Wildland Fires)  Historic Resources (Human Remains; Sacred Uses)  Noise (All Thresholds)  Transportation (Transportation System, Design Hazard; Emergency Access)  Aesthetics (All Thresholds)  Hydrology and Water Quality (Violate Standards–Operational; Groundwater; Drainage; Flood, Tsunami, Seiche; Conflict with Plans)  Public Services and Facilities (All Thresholds)  Utilities and Sewer Systems (All Thresholds)  Wildfire (All Thresholds)  Energy (All Thresholds)  Population and Housing (All Thresholds)  Agricultural and Forestry Resources (All Thresholds) Page 295 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 13 The Final EIR concludes that implementation of the Project would result in significant direct, indirect, and/or cumulative impacts that would be mitigated to less than significant levels with respect to the following issues:  Biological Resources (Sensitive Resources and Habitats, Wetlands)  Health and Safety/Hazardous Materials (Exposure to Toxic Substance; Hazardous Materials Site)  Historical Resources (Prehistoric Resources)  Tribal Cultural Resources (Tribal Resources)  Hydrology and Water Quality (Violate Standards–Construction) The Final EIR concludes that implementation of the Project would result in significant and unavoidable direct and/or cumulative impacts with respect to the following issues:  Land Use (Plan Consistency – San Diego Housing Element)  Greenhouse Gas (All Thresholds)  Transportation (Vehicle Miles Traveled) VIII. LESS THAN SIGNIFICANT IMPACTS The City finds the characterization of impacts in the Final EIR with respect to issue areas identified as less than significant have been described accurately and would result in less than significant impacts as so described in the Final EIR. This finding applies to the impacts evaluated in the Final EIR and determined to be less than significant, as stated under VII. IX. SIGNIFICANT EFFECTS AND MITIGATION MEASURES A. Impacts Mitigated to Less than Significant Levels: Findings Pursuant to State CEQA Guidelines Section 15091(a)(1) Under Annexation Scenario 2a, all mitigation associated with Project site and off-site improvement area impacts would be under the jurisdiction of the City of San Diego. See Section IX.B, Findings Pursuant to State CEQA Guidelines Section 15091(a)(2). B. Impacts that can only be Mitigated to Less than Significant Levels by Another Jurisdiction: Findings Pursuant to State CEQA Guidelines Section 15091(a)(2) 1. Biological Resources Impact: The Project would result in direct impacts to 17.25 acres of sensi tive upland vegetation communities within the Project site and off-site improvement areas. Direct impacts would be potentially significant. Facts: The Project would result in direct impacts to sensitive upland vegetation communities, consisting of 3.60 acres of Tier II vegetation communities (Diegan coastal sage scrub) and 13.65 acres of Tier IIIB vegetation communities (non-native grassland). As detailed in Final EIR Section 4.3.3.2, potentially significant direct impacts include 3.60 acres of Tier II vegetation communities (Diegan coastal sage scrub) and 13.65 acres of Tier IIIB vegetation communities (non-native grasslands). Page 296 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 14 Mitigation Measures: BIO-SD-1 Sensitive Upland Vegetation Sensitive Upland Vegetation. Prior to issuance of any construction permits, including but not limited to, the first Grading Permit, Demolition Permits and Building Permits or a Notice to Proceed for Subdivisions, by the City of San Diego for Annexation Scenario 2a, the owner/permittee shall mitigate for impacts to sensitive upland vegetation in accordance with the City of San Diego’s 2018 Biology Guidelines. The project owner/permittee shall mitigate direct impacts to Diegan coastal sage scrub and Diegan coastal sage scrub: Baccharis-dominated at a 1:1 mitigation ratio and non-native grassland at a 0.5:1 ratio inside the MHPA. Mitigation for 3.43 acres of Diegan coastal sage scrub (Tier II), 0.17 acre of Diegan coastal sage scrub: Baccharis-dominated (Tier II), and 13.65 acres of non-native grassland (Tier IIIB) will be achieved through the preservation of 10.43 acres of Diegan coastal sage scrub habitat (Tier II) at the Pacific Highlands Ranch Restoration and Mitigation Credit Area. The applicant shall provide proof of mitigation credit purchase to the City of San Diego via a mitigation ledger prior to issuance of any land development permits. BIO-SD-2 Biological Resource Protection During Construction I. Prior to Construction A. Biologist Verification - The owner/permittee shall provide a letter to the City’s Mitigation Monitoring Coordination (MMC) section stating that a Project Biologist (Qualified Biologist) as defined in the City of San Diego’s Biological Guidelines (2018), has been retained to implement the project’s biological monitoring program. The letter shall include the names and contact information of all persons involved in the biological monitoring of the project. B. Preconstruction Meeting - The Qualified Biologist shall attend the preconstruction meeting, discuss the project’s biological monitoring program, and arrange to perform any follow up mitigation measures and reporting including site-specific monitoring, restoration or revegetation, and additional fauna/flora surveys/salvage. C. Biological Documents - The Qualified Biologist shall submit all required documentation to MMC verifying that any special mitigation reports including but not limited to, maps, plans, surveys, survey timelines, or buffers are completed or scheduled per City Biology Guidelines, MSCP, ESL, project permit conditions; CEQA; endangered species acts (ESAs); and/or other local, state or federal requirements. D. BCME - The Qualified Biologist shall present a Biological Construction Mitigation/Monitoring Exhibit (BCME) which includes the biological documents in C above. In addition, include: restoration/revegetation plans, plant salvage/relocation requirements (e.g., coastal cactus wren plant salvage, burrowing owl exclusions, etc.), avian or other wildlife surveys/survey schedules (including general avian nesting and USFWS protocol), timing of surveys, wetland buffers, avian construction avoidance areas/noise buffers/ barriers, other impact avoidance areas, and any subsequent requirements determined by the Qualified Biologist and the City ADD/MMC. The BCME shall include a site plan, written and graphic depiction of the project’s biological mitigation/monitoring program, and a schedule. The BCME shall be approved by MMC and referenced in the construction documents. Page 297 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 15 E. Resource Delineation - Prior to construction activities, the Qualified Biologist shall supervise the placement of orange construction fencing or equivalent along the limits of disturbance adjacent to sensitive biological habitats and verify compliance with any other project conditions as shown on the BCME. This phase shall include flagging plant specimens and delimiting buffers to protect sensitive biological resources (e.g., habitats/flora & fauna species, including nesting birds) during construction. Appropriate steps/care should be taken to minimize attraction of nest predators to the site. F. Education - Prior to commencement of construction activities, the Qualified Biologist shall meet with the owner/permittee or designee and the construction crew and conduct an on-site educational session regarding the need to avoid impacts outside of the approved construction area and to protect sensitive flora and fauna (e.g., explain the avian and wetland buffers, flag system for removal of invasive species or retention of sensitive plants, and clarify acceptable access routes/methods and staging areas, etc.). II. During Construction A. Monitoring - All construction (including access/staging areas) shall be restricted to areas previously identified, proposed for development/staging, or previously disturbed as shown on “Exhibit A” and/or the BCME. The Qualified Biologist shall monitor construction activities as needed to ensure that construction activities do not encroach into biologically sensitive areas, or cause other similar damage, and that the work plan has been am ended to accommodate any sensitive species located during the preconstruction surveys. In addition, the Qualified Biologist shall document field activity via the Consultant Site Visit Record (CSVR). The CSVR shall be e - mailed to MMC on the 1st day of monitoring, the 1st week of each month, the last day of monitoring, and immediately in the case of any undocumented condition or discovery. B. Subsequent Resource Identification - The Qualified Biologist shall note/act to prevent any new disturbances to habitat, flora, and/or fauna onsite (e.g., flag plant specimens for avoidance during access, etc.). If active nests or other previously unknown sensitive resources are detected, all project activities that directly impact the resource shall be delayed until species specific local, state or federal regulations have been determined and applied by the Qualified Biologist. III. Post Construction Measures A. In the event that impacts exceed previously allowed amounts, additional impacts shall be mitigated in accordance with City Biology Guidelines, ESL and MSCP, State CEQA, and other applicable local, state and federal law. The Qualified Biologist shall submit a final BCME/report to the satisfaction of the City ADD/MMC within 30 days of construction completion. Finding: A total of 3.60 acres of Tier II vegetation communities (Diegan coastal sage scrub) and 13.65 acres of Tier III vegetation communities (non-native grassland) would be directly impacted as a result of Project development. Implementation of the mitigation meas ures BIO-SD-1 and BIO-SD-2 would require preservation of like habitat consistent with the ratios consistent with the City of San Diego’s Biology Guidelines listed in Final EIR Table 4.3-5. To ensure no additional indirect impacts would occur, the mitigation requires on-site biological monitors to be present during grading activities and requires Page 298 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 16 best management practices during construction to reduce potential direct and indirect impacts. Therefore, mitigation measures BIO-SD-1 and BIO-SD-2 would ensure that all direct, indirect, and cumulatively significant impacts related to sensitive species and habitats under Annexation Scenario 2a would be reduced to less than significant levels. Reference: These Findings incorporate by reference the information and analysis included in Final EIR Section 4.3, Biological Resources, and Final EIR Appendix D. Impact: The Project would result in indirect impacts to special-status plant species within the on-site and off-site areas including California adolphia, San Diego bur-sage, San Diego barrel cactus, San Diego County viguiera, small-flowered microseris, and ashy spike-moss. Impacts would be potentially significant. Additionally, direct impacts to 14 Otay tarplant individuals within the off-site improvement area would be significant. Facts: The Project may result in indirect impacts to special-status plant species within the on-site and off- site areas including California adolphia, San Diego bur-sage, San Diego barrel cactus, San Diego County viguiera, small-flowered microseris, ashy spike-moss, and Otay tarplant as detailed in Final EIR Section 4.3.3.2 and Final EIR Appendix D. Mitigation Measures: See BIO-SD-2 BIO-SD-3 Otay Tarplant Mitigation Plan Prior to issuance of any construction permits, including but not limited to, the first Grading Permit, Demolition Permits and Building Permits or a Notice to Proceed for Subdivisions, shall incorporate the following mitigation measures into the project design and include them verbatim on all appr opriate construction documents. In lieu of the below Otay Tarplant Mitigation Plan, the owner/permittee may also purchase equivalent mitigation credits at a City of San Diego-approved mitigation bank, subject to Wildlife Agency review and approval. The mitigation bank must contain an Otay tarplant population or have the species reintroduced for the purposes of mitigation. The applicant is required to provide proof of mitigation credit purchase to the City of San Diego prior to the issuance of any constru ction development permits. Prior to Permit Issuance A. Land Development Review (LDR) Plan Check 1. Prior to the NTP or issuance for any construction permits, including but not limited to, the first Grading Permit, Demolition Plans/Permits and Building Plans/Permits, whichever is applicable, the ADD environmental designee shall verify that the requirements for the revegetation/restoration plans and specifications, including mitigation of direct impacts to Otay tarplant individual plants at a 4:1 ratio. While the number of individual plants present may vary year-to-year, it is estimated 14 individuals would be impacted and mitigation would include 56 Otay tarplant individuals. The landscape construction documents and specifications must be found to be in conformance with the Otay Tarplant Mitigation Plan for the Nakano Project prepared by RECON 2022, the requirements of which are summarized below: Page 299 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 17 B. Revegetation/Restoration Plan(s) and Specifications 1. Landscape Construction Documents (LCD) shall be prepared on D-sheets and submitted to the City of San Diego Development Services Department, Landscape Architecture Section (LAS) for review and approval. LAS shall consult with Mitigation Monitoring Coordination (MMC) and obtain concurrence prior to approval of LCD. The LCD shall consist of revegetation/restoration, planting, irrigation and erosion control plans; including all required graphics, notes, details, specifications, letters, and reports as outlined below. 2. Landscape Revegetation/Restoration Planting and Irrigation Plans shall be prepared in accordance with the San Diego Land Development Code (LDC) Chapter 14, Article 2, Division 4, the LDC Landscape Standards submittal requirements, and Attachment “B” (General Outline for Revegetation/Restoration Plans) of the City of San Diego’s LDC Biology Guidelines. The Principal Qualified Biologist (PQB) shall identify and adequately document all pertinent information concerning the revegetation/restoration goals and requirements, such as but not limited to, plant/seed palettes, timing of installation, plant installation specifications, method of watering, protection of adjacent habitat, erosion and sediment control, performance/success criteri a, inspection schedule by City staff, document submittals, reporting schedule, etc. The LCD shall also include comprehensive graphics and notes addressing the ongoing maintenance requirements (after final acceptance by the City). 3. The Revegetation Installation Contractor (RIC), Revegetation Maintenance Contractor (RMC), Construction Manager (CM) and Grading Contractor (GC), where applicable shall be responsible to insure that for all grading and contouring, clearing and grubbing, installation of plant materials, and any necessary maintenance activities or remedial actions required during installation and the 120-day plant establishment period are done per approved LCD. The following procedures at a minimum, but not limited to, shall be performed: a. The RMC shall be responsible for the maintenance of the upland mitigation area for a minimum period of 120 days. Maintenance visits shall be conducted on a weekly basis throughout the plant establishment period. b. At the end of the 120-day period the PQB shall review the mitigation area to assess the completion of the short-term plant establishment period and submit a report for approval by MMC. c. MMC will provide approval in writing to begin the five-year long-term establishment/maintenance and monitoring program. d. Existing indigenous/native species shall not be pruned, thinned or cleared in the revegetation/mitigation area. e. The revegetation site shall not be fertilized. f. The RIC is responsible for reseeding (if applicable) if weeds are not removed, within one week of written recommendation by the PQB. Page 300 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 18 g. Weed control measures shall include the following: (1) hand removal, (2) cutting, with power equipment, and (3) chemical control. Hand removal of weeds is the most desirable method of control and will be used wherever possible. h. Damaged areas shall be repaired immediately by the RIC/RMC. Insect infestations, plant diseases, herbivory, and other pest problems will be closely monitored throughout the five- year maintenance period. Protective mechanisms such as metal wire netting shall be used as necessary. Diseased and infected plants shall be immediately disposed of off-site in a legally-acceptable manner at the discretion of the PQB or Qualified Biological Monitor (QBM) (City approved). Where possible, biological controls will be used instead of pesticides and herbicides. 4. If a Brush Management Program is required the revegetation/restoration plan shall show the dimensions of each brush management zone and notes shall be provided describing the restrictions on planting and maintenance and identify that the area is impact neutral and shall not be used for habitat mitigation/credit purposes. C. Letters of Qualification Have Been Submitted to ADD 1. The applicant shall submit, for approval, a letter verifying the qualifications of the biological professional to MMC. This letter shall identify the PQB, Principal Restoration Specialist (PRS), and QBM, where applicable, and the names of all other persons involved in the implementation of the revegetation/restoration plan and biological monitoring program, as they are defined in the City of San Diego Biological Review References. Resumes and the biology worksheet should be updated annually. 2. MMC will provide a letter to the applicant confirming the qualifications of the PQB/PRS/QBM and all City Approved persons involved in the revegetation/restoration plan and biological monitoring of the project. 3. Prior to the start of work, the applicant must obtain approval from MMC for any personnel changes associated with the revegetation/restoration plan and biological monitoring of the project. 4. PBQ must also submit evidence to MMC that the PQB/QBM has completed Storm Water Pollution Prevention Program (SWPPP) training. Prior to Start of Construction A. PQB/PRS Shall Attend Preconstruction (Precon) Meetings 1. Prior to beginning any work that requires monitoring: a. The owner/permittee or their authorized representative shall arrange and perform a Precon Meeting that shall include the PQB or PRS, Construction Manager (CM) and/or Grading Contractor (GC), Landscape Architect (LA), Revegetation Installation Contractor (RIC), Revegetation Maintenance Contractor (RMC), Resident Engineer (RE), Building Inspecto r (BI), if appropriate, and MMC. Page 301 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 19 b. The PQB shall also attend any other grading/excavation related Precon Meetings to make comments and/or suggestions concerning the revegetation/restoration plan(s) and specifications with the RIC, CM and/or GC. c. If the PQB is unable to attend the Precon Meeting, the owner shall schedule a focused Precon Meeting with MMC, PQB/PRS, CM, BI, LA, RIC, RMC, RE and/or BI, if appropriate, prior to the start of any work associated with the revegetation/ restoration phase of the project, including site grading preparation. 2. Where Revegetation/Restoration Work Will Occur a. Prior to the start of any work, the PQB/PRS shall also submit a revegetation/restoration monitoring exhibit (RRME) based on the appropriate reduced LCD (reduced to 11”x 17” format) to MMC, and the RE, identifying the areas to be revegetated/restored including the delineation of the limits of any disturbance/grading and any excavation. b. PQB shall coordinate with the construction superintendent to identify appropriate Best Management Practices (BMPs) on the RRME. 3. When Biological Monitoring Will Occur a. Prior to the start of any work, the PQB/PRS shall also submit a monitoring procedures schedule to MMC and the RE indicating when and where biological monitori ng and related activities will occur. 4. PQB Shall Contact MMC to Request Modification a. The PQB may submit a detailed letter to MMC prior to the start of work or during construction requesting a modification to the revegetation/restoration plans and specifications. This request shall be based on relevant information (such as other sensitive species not listed by federal and/or state agencies and/or not covered by the MSCP and to which any impacts may be considered significant under CEQA) which may reduce or increase the potential for biological resources to be present. During Construction A. PQB or QBM Present During Construction/Grading/Planting 1. The PQB or QBM shall be present full-time during construction activities including but not limited to, site preparation, cleaning, grading, excavation, landscape establishment in association with the project’s grading permit which could result in impacts to sensitive biological resources as identified in the LCD and on the RRME. The RIC and/or QBM are responsible for notifying the PQB/PRS of changes to any approved construction plans, procedures, and/or activities. The PQB/PRS is responsible to notify the CM, LA, RE, BI and MMC of the changes. 2. The PQB or QBM shall document field activity via the Consultant Site Visit Record Forms (CSVR). The CSVRs shall be faxed by the CM the first day of monitoring, the last day of Page 302 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 20 monitoring, monthly, and in the event that there is a deviation from conditions identified within the LCD and/or biological monitoring program. The RE shall forward copies to MMC. 3. The PQB or QBM shall be responsible for maintaining and submitting the CSVR at the time that CM responsibilities end (i.e., upon the completion of construction activity other than that of associated with biology). 4. All construction activities (including staging areas) shall be restricted to the development areas as shown on the LCD. The PQB/PRS or QBM staff shall monitor construction activities as needed, with MMC concurrence on method and schedule. This is to ensure that construction activities do not encroach into biologically sensitive areas beyond the limits of disturbance as shown on the approved LCD. 5. The PQB or QBM shall supervise the placement of orange construction fencing or City approved equivalent, along the limits of potential disturbance adjacent to (or at the edge of) all sensitive habitats, including Diegan coastal sage scrub (including Baccharis-variant), non-native grassland, southern willow scrub, emergent wetland, and disturbed wetland, as shown on the approved LCD. 6. The PBQ shall provide a letter to MMC that limits of potential disturbance has been surveyed, staked and that the construction fencing is installed properly. 7. The PQB or QBM shall oversee implementation of BMPs, such as gravel bags, straw logs, silt fences or equivalent erosion control measures, as needed to ensure prevention of any significant sediment transport. In 4.0 Environmental Analysis 4.3 Biological Resources Nakano Project EIR Page 4.3-59 addition, the PQB/QBM shall be responsible to verify the removal of all temporary construction BMPs upon completion of construction activities. Removal of temporary construction BMPs shall be verified in writing on the final construction phase CSVR. 8. PQB shall verify in writing on the CSVR’s that no trash stockpiling or oil dumping, fueling of equipment, storage of hazardous wastes or construction equipment/material, parking or other construction related activities shall occur adjacent to sensitive habitat. These activities shall occur only within the designated staging area located outside the area defined as a biological sensitive area. 9. The long-term establishment inspection and reporting schedule per LCD must all be approved by MMC prior to the issuance of the Notice of Completion (NOC) or any bond release. B. Disturbance/Discovery Notification Process 1. If unauthorized disturbances occurs or sensitive biological resources are discovered that where not previously identified on the LCD and/or RRME, the PQB or QBM shall direct the contractor to temporarily divert construction in the area of disturbance or discovery and immediately notify the RE or BI, as appropriate. 2. The PQB shall also immediately notify MMC by telephone of the disturbance and report the nature and extent of the disturbance and recommend the method of additional protection, such as fencing and appropriate Best Management Practices (BMPs). After obtaining Page 303 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 21 concurrence with MMC and the RE, PQB and CM shall install the approved protection and agreement on BMPs. 3. The PQB shall also submit written documentation of the disturbance to MMC within 24 hours by fax or email with photos of the resource in context (e.g., show adjacent vegetation). C. Determination of Significance 1. The PQB shall evaluate the significance of disturbance and/or discovered biological resource and provide a detailed analysis and recommendation in a letter report with th e appropriate photo documentation to MMC to obtain concurrence and formulate a plan of action which can include fines, fees, and supplemental mitigation costs. 2. MMC shall review this letter report and provide the RE with MMC’s recommendations and procedures. Post Construction A. Mitigation Monitoring and Reporting Period 1. Five-Year Mitigation Establishment/Maintenance Period a. The RMC shall be retained to complete maintenance monitoring activities throughout the five-year mitigation monitoring period. b. Maintenance visits will be conducted twice per month for the first six months, once per month for the remainder of the first year, and quarterly thereafter. c. Maintenance activities will include all items described in the LCD. d. Plant replacement will be conducted as recommended by the PQB (note: plants shall be increased in container size relative to the time of initial installation or establishment or maintenance period may be extended to the satisfaction of MMC. 2. Five-Year Biological Monitoring a. All biological monitoring and reporting shall be conducted by a PQB or QBM, as appropriate, consistent with the LCD. b. Monitoring shall involve both qualitative horticultural monitoring and quantitative monitoring (i.e., performance/success criteria). Horticultural monitoring shall focus on soil conditions (e.g., moisture and fertility), container plant health, seed germination rates, presence of native and non-native (e.g., invasive exotic) species, any significant disease or pest problems, irrigation repair and scheduling, trash removal, illegal trespass, and any erosion problems. c. After plant installation is complete, qualitative monitoring surveys will occur monthly during year one and quarterly during years two through five. Page 304 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 22 d. Upon the completion of the 120-days short-term plant establishment period, quantitative monitoring surveys shall be conducted at 0, 6, 12, 24, 36, 48 and 60 months by the PQB or QBM. The revegetation/restoration effort shall be quantitatively evaluated once per year (in spring) during years three through five, to determine compliance with the performance standards identified on the LCD. All plant material must have survived without supplemental irrigation for the last two years. e. Quantitative monitoring shall include the use of fixed transects and photo points to determine the vegetative cover within the revegetated habitat. Collection of fixed transect data within the revegetation/restoration site shall result in the calculation of percent cover for each plant species present, percent cover of target vegetation, tree height and diameter at breast height (if applicable) and percent cover of non-native/non- invasive vegetation. Container plants will also be counted to determine percent survivorship. The data will be used to determine attainment of performance/success criteria identified within the LCD. f. Biological monitoring requirements may be reduced if, before the end of the fifth year, the revegetation meets the fifth-year criteria and the irrigation has been terminated for a period of the last two years. g. The PQB or QBM shall oversee implementation of post-construction BMPs, such as gravel bags, straw logs, silt fences or equivalent erosion control measure, as needed to ensure prevention of any significant sediment transport. In addition, the PBQ/QBM shall be responsible to verify the removal of all temporary post-construction BMPs upon completion of construction activities. Removal of temporary postconstruction BMPs shall be verified in writing on the final postconstruction phase CSVR. B. Submittal of Draft Monitoring Report 1. A draft monitoring letter report shall be prepared to document the completion of the 120-day plant establishment period. The report shall include discussion on weed control, horticultural treatments (pruning, mulching, and disease control), erosion control, trash/debris removal, replacement planting/reseeding, site protection/signage, pest management, vandalism, and irrigation maintenance. The revegetation/restoration effort shall be visually assessed at the end of 120-day period to determine mortality of individuals. 2. The PQB shall submit two copies of the Draft Monitoring Report which describes the results, analysis, and conclusions of all phases of the Biological Monitoring and Reporting Program (wi th appropriate graphics) to MMC for review and approval within 30 days following the completion of monitoring. Monitoring reports shall be prepared on an annual basis for a period of five years. Site progress reports shall be prepared by the PQB following each site visit and provided to the owner, RMC, and RIC. Site progress reports shall review maintenance activities, qualitative and quantitative (when appropriate) monitoring results including progress of the revegetation relative to the performance/success criteria, and the need for any remedial measures. 3. Draft annual reports (three copies) summarizing the results of each progress report including quantitative monitoring results and photographs taken from permanent viewpoints shall be Page 305 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 23 submitted to MMC for review and approval within 30 days following the completion of monitoring. 4. MMC shall return the Draft Monitoring Report to the PQB for revision or for preparation of each report. 5. The PQB shall submit revised Monitoring Report to MMC (with a copy to RE) for approval within 30 days. 6. MMC will provide written acceptance of the PQB and RE of the approved report. C. Final Monitoring Reports(s) 1. PQB shall prepare a Final Monitoring upon achievement of the fifth-year performance/success criteria and completion of the five-year maintenance period. a. This report may occur before the end of the fifth year if the revegetation meets the fifth- year performance /success criteria and the irrigation has been terminated for a period of the last two years. b. The Final Monitoring report shall be submitted to MMC for evaluation of the success of the mitigation effort and final acceptance. A request for a pre -final inspection shall be submitted at this time, MMC will schedule after review of report. c. If at the end of the five years any of the revegetated area fails to meet the project’s final success standards, the applicant must consult with MMC. This consultation shall take place to determine whether the revegetation effort is acce ptable. The applicant understands that failure of any significant portion of the revegetation/restoration area may result in a requirement to replace or renegotiate that portion of the site and/or extend the monitoring and establishment/maintenance period until all success standards are met. D. Management and Maintenance in Perpetuity The Otay tarplant mitigation area shall be protected and managed/maintained in perpetuity. The Otay tarplant mitigation site shall be addressed through a long-term management plan. The Otay tarplant mitigation area shall be covered by a Covenant of Easement to the benefit of the City of San Diego or dedicated in-fee title to the City of San Diego. The project proponent shall provide funding in an amount approved by the City based on a Property Analysis Record, or similar cost estimation method, to secure the ongoing funding for the perpetual long -term management, maintenance, and monitoring of the off-site mitigation area pursuant to the long-term management plan by an agency, nonprofit organization, or other entity approved by the City of San Diego. Finding: Implementation of the mitigation measures BIO-SD-2 and BIO-SD-3 require on-site biological monitoring and the best management practices to be employed during grading and construction activities. Mitigation measure BIO-SD-2 would ensure that indirect impacts associated with dust, erosion, and runoff generated by construction activities would not occur. Mitigation measure BIO-SD-3 provides specific guidelines related to the disturbance of Otay tarplant including Page 306 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 24 replacement, management and maintenance in perpetuity. Therefore, direct and indirect impacts related to special status plants under Annexation Scenario 2a would be reduced to less than significant levels. Reference: These Findings incorporate by reference the information and analysis included in Final EIR Section 4.3, Biological Resources, and Final EIR Appendix D. Impact: The Project would result in direct and indirect impacts to special-status wildlife species including least Bell’s vireo, coastal California gnatcatcher, burrowing owl, yellow-breasted chat, yellow warbler, and Crotch’s bumble bee. Impacts would be potentially significant. Additionally, due to their moderate potential to forage within the Project impact areas, direct impacts to foraging Crotch’s bumble bee during construction would be potentially significant. Facts: The Project may result in direct and indirect impacts to special-status wildlife species within the on- site and off-site areas including least Bell’s vireo, coastal California gnatcatcher, burrowing owl, yellow - breasted chat, yellow warbler, and Crotch’s bumble bee as detailed in Final EIR Section 4.3.3.2 and Final EIR Appendix D. Mitigation Measures: See BIO-SD-1 BIO-SD-4 Avian Protection Requirements Prior to issuance of any construction permits, including but not limited to, the first Grading Permit, Demolition Plans/Permits and Building Plans/Permits or a Notice to Proceed for Subdivisions, removal of habitat that supports active nests in the proposed area of disturbance (both on-site and within the Wetland Plan area of work) should occur outside of the breeding season for least Bell's vireo, burrowing owl, coastal California gnatcatcher, yellow-breasted chat, and yellow warbler (February 1 to September 15) or a preconstruction survey shall be completed by a Qualified Biologist preconstruction to determine the presence or absence of nesting least Bell's vireo, burrowing owl, coastal California gnatca tcher, yellow-breasted chat, and yellow warbler on the proposed area of disturbance. The preconstruction survey shall be conducted within 10 calendar days prior to the start of construction activities (including removal of vegetation). The applicant shall submit the results of the preconstruction survey to City of San Diego DSD for review and written approval prior to initiating any construction activities. If nesting birds are detected, a letter report in conformance with the City of San Diego’s Biology Gu idelines and applicable state and federal law (i.e., appropriate follow -up surveys, monitoring schedules, construction and noise barriers/buffers, etc.) shall be prepared and include proposed measures to be implemented to ensure that take of birds or eggs or disturbance of breeding activities is avoided. The report shall be submitted to the City of San Diego for review and written approval and implemented to the satisfaction of the City of San Diego. The City of San Diego’s MMC Section and Biologist shall verify and approve that all measures identified in the report or mitigation plan are in place prior to and/or during construction. BIO-SD-5 Direct Impact Avoidance and Noise Restrictions for Least Bell’s Vireo Prior to issuance of any construction permits, including but not limited to, the first Grading Permit, Demolition Permits and Building Permits or a Notice to Proceed for Subdivisions, the City of San Diego Page 307 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 25 Manager (or appointed designee) shall verify that the following project requirements regarding the least Bell’s vireo are shown on the construction and wetland restoration plans: No clearing, grubbing, grading, or other construction activities shall occur between March 15 and September 15, the breeding season of the least Bell’s vireo, until the following requirements have been met to the satisfaction of the City of San Diego Manager: A. A Qualified Biologist (possessing a valid Endangered Species Act Section 10(a)(1)(a) Recovery Permit) shall survey those wetland areas that would be subject to construction noise levels exceeding 60 decibels [dB(A)] hourly average for the presence of the least Bell’s vireo. Surveys for this species shall be conducted pursuant to the protocol survey guidelines established by the USFWS within the breeding season prior to the commencement of construction. If the least Bell’s vireo is present, then the following conditions must be met: 1. Between March 15 and September 15, no clearing, grubbing, or grading of occupied least Bell’s vireo habitat shall be permitted. Areas restricted from such activities shall be staked or fenced under the supervision of a Qualified Biologist; and 2a. Between March 15 and September 15, no construction activities shall occur within any portion of the site where construction activities would result in noise levels exceeding 60 dB(A) hourly average at the edge of occupied least Bell’s vireo or habitat. An analysis showing that noise generated by construction activities would not exceed 60 dB(A) hourly average at the edge of occupied habitat must be completed by a qualified acoustician (possessing current noise engineer license or registration with monitoring noise level experience with listed animal species) and approved by the City of San Diego Manager at least two weeks pri or to the commencement of construction activities. Prior to the commencement of any construction activities during the breeding season, areas restricted from such activities shall be staked or fenced under the supervision of a qualified biologist; or 2b. At least two weeks prior to the commencement of construction activities, under the direction of a qualified acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that noise levels resulting from construction activities will not exceed 60 dB(A) hourly average at the edge of habitat occupied by the least Bell’s vireo. Concurrent with the commencement of construction activities and the construction of necessary noise attenuation facilities, noise monitoring* shall be conducted at the edge of the occupied habitat area to ensure that noise levels do not exceed 60 dB(A) hourly average. If the noise attenuation techniques implemented are determined to be inadequate by the qualified acoustician or biologist, then the associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding season (September 16). *Construction noise monitoring shall continue to be monitored at least twice weekly on varying days, or more frequently depending on the construction activity, to verify that noise levels at the edge of occupied habitat are maintained below 60 dB(A) hourly average or to the ambient noise level if it already exceeds 60 dB (A) hourly average. If not, other measures shall be implemented in consultation with the Qualified Biologist and the City of San Diego Manager, as necessary, to reduce noise levels to below 60 dB(A) hourly average or to the ambient noise level if it already exceeds 60 dB(A) hourly average. Such measures may Page 308 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 26 include, but are not limited to, limitations on the placement of construction equipment and the simultaneous use of equipment. B. If least Bell’s vireo are not detected during the protocol survey, the Qualified Biologist shall submit substantial evidence to the City of San Diego Manager and applicable resource agencies for review and written approval which demonstrates whether or not mitigation measures such as noise walls are necessary between March 15 and September 15 as follows: 1. If this evidence indicates the potential is high for least Bell’s vireo to be present based on historical records or site conditions, then condition A.III shall be adhered to as specified above. 2. If this evidence concludes that no impacts to this species are anticipated, no mitigation measures would be necessary. BIO-SD-6 Burrowing Owl Preconstruction Survey and Avoidance in the City of San Diego Prior to issuance of any construction permits, including but not limited to, the first Grading P ermit, Demolition Permits and Building Permits or a Notice to Proceed for Subdivisions, the City of San Diego Manager (or appointed designee) shall verify that the following project requirements regarding burrowing owl are shown on the construction plans: PRECONSTRUCTION SURVEY ELEMENT Prior to Permit or Notice to Proceed Issuance: 1. As this project area has been determined to be burrowing owl occupied or to have burrowing owl occupation potential, the Applicant Department or Permit Holder shall submit evidence to the ADD of Entitlements and MSCP staff, to the satisfaction of the City, verifying that a biologist possessing qualifications pursuant to the “Staff Report on Burrowing Owl Mitigation, State of California Natural Resources Agency Department of Fish and Game, March 7, 2012 (hereafter referred as CDFG 2012, Staff Report), has been retained to implement a burrowing owl construction impact avoidance program. 2. The qualified burrowing owl biologist (or their designated biological representative) shall attend the preconstruction meeting to inform construction personnel about the City of San Diego’s burrowing owl requirements and subsequent survey schedule. Prior to Start of Construction: 1. The Applicant Department or Permit Holder and Qualified Biologist must ensure that initial preconstruction/take avoidance surveys of the project "site" are completed between 14 and 30 days before initial construction activities begin, including brushing, clearing, grubbing, or grading of the project site regardless of the time of the year. "Site” means the project site and the area within a radius of 450 feet of the project site. The report shall be submitted and approved by the Wildlife Agencies and/or City of San Diego MSCP staff in writing prior to construction or burrowing owl eviction(s) and shall include maps of the project site and burrowing owl locations on aerial photos. Page 309 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 27 2. The preconstruction survey shall follow the methods described in CDFG 2012, Staff Report - Appendix D. 3. 24 hours prior to commencement of ground-disturbing activities, the Qualified Biologist shall verify results of preconstruction/take avoidance surveys via review of the Survey Report (see report requirements in CDFG 2012, Staff Report - Appendix D 3) that is to be provided to the City and Wildlife Agencies. Written verification via the Survey Report shall be provided to the City of San Diego’s MMC and MSCP Sections, and to the satisfaction of these sections. If results of the preconstruction surveys have changed and burrowing owl are present in areas not previously identified, immediate notification to the City of San Diego and Wildlife Agencies shall be provided prior to ground-disturbing activities. During Construction: 1. Best Management Practices shall be employed as burrowing owls are known to use open pipes, culverts, excavated holes, and other burrow-like structures at construction sites. Legally permitted active construction projects which are burrowing owl occupied and have followed all protocol in this mitigation section, or sites within 450 feet of occupied burrowing owl areas, should undertake measures to discourage burrowing owls from recolonizing previously occupied areas or colonizing new portions of the site. Such measures include, but are not limited to, ensuring that the ends of all pipes and culverts are covered when they are not being worked on, and covering rubble piles, dirt piles, ditches, and berms. 2. Ongoing Burrowing Owl Detection - If burrowing owls or active burrows are not detected during the preconstruction surveys, Section "A" below shall be followed. If burrowing owls or burrows are detected during the preconstruction surveys, Section "B" shall be followed. NEITHER THE MSCP SUBAREA PLAN NOR THIS MITIGATION SECTION ALLOWS FOR ANY BURROWING OW LS TO BE INJURED OR KILLED OUTSIDE OR WITHIN THE MHPA; in addition, IMPACTS TO BURROWING OWLS WITHIN THE MHPA MUST BE AVOIDED. A. Post Survey Follow Up if Burrowing Owls and/or Signs of Active Natural or Artificial Burrows Are Not Detected During the Initial Preconstruction Survey - Monitoring the site for new burrows is required using CDFG Staff Report 2012 Appendix D methods for the period following the initial preconstruction survey, until construction is scheduled to be complete and is complete (NOTE - Using a projected completion date [that is amended if needed] will allow development of a monitoring schedule). 1) If no active burrows are found but burrowing owls are observed to occasionally (1 –3 sightings) use the site for roosting or foraging, they should be allowed to do so with no changes in the construction or construction schedule. 2) If no active burrows are found but burrowing owls are observed during follow up monitoring to repeatedly (4 or more sightings) use the site for roosting or foraging, the City of San Diego’s MMC and MSCP Sections shall be notified and any portion of the site where owls have been sited and that has not been graded or otherwise disturbed shall be avoided until further notice. Page 310 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 28 3) If a burrowing owl begins using a burrow on the site at any time after the initial preconstruction survey, procedures described in Section B must be followed. 4) Any actions other than these require the approval of the City of San Diego and the Wildlife Agencies. B. Post Survey Follow Up if Burrowing Owls and/or Active Natural or Artificial Burrows are Detected During the Initial Preconstruction Survey - Monitoring the site for new burrows is required using Appendix D CDFG 2012, Staff Report for the period following the initial preconstruction survey, until construction is scheduled to be complete and is complete (NOTE - Using a projected completion date (that is amended if needed) will allow development of a monitoring schedule which adheres to the required number of surveys in the detection protocol). 1) This section (B) applies only to sites (including biologically defined territory) wholly outside of the MHPA – all direct and indirect impacts to burrowing owls within the MHPA SHALL be avoided. 2) If one or more burrowing owls are using any burrows (including pipes, culverts, debris piles, etc.) on or within 300 feet of the proposed construction area, the City of San Diego’s MMC and MSCP Sections shall be immediately contacted. The City of San Diego’s MSCP and MMC Section shall contact the Wildlife Agencies regarding eviction/collapsing burrows and enlist appropriate City of San Diego biologist for on-going coordination with the Wildlife Agencies and the qualified consulting burrowing owl biologist. No construction shall occur within 300 feet of an active burrow without written concurrence from the Wildlife Agencies. This distance may increase or decrease, depending on the burrow’s location in relation to the site’s topography, and other physical and biological characteristics. a) Outside the Breeding Season - If the burrowing owl is using a burrow on-site outside the breeding season (i.e., September 1– January 31), the burrowing owl may be evicted after the qualified burrowing owl biologist has determined via fiber optic camera or other appropriate device, that no eggs, young, or adults are in the burrow. Eviction requires preparation of an Exclusion Plan prepared in accordance with CDFG 2012 Staff Report, Appendix E (or most recent guidance available) for review and submittal to Wildlife Agencies and City of San Diego (MMC and MSCP). Written concurrence from the Wildlife Agencies is required prior to Exclusion Plan implementation. b) During Breeding Season - If a burrowing owl is using a burrow onsite during the breeding season (February 1–August 31), construction shall not occur within 300 feet of the burrow until the young have fledged and are no longer dependent on the burrow, at which time the burrowing owls can be evicted. Eviction requires preparation of an Exclusion Plan prepared in accordance with CDFG 2012 Staff Report, Appendix E (or most recent guidance available) for review and submittal to Wildlife Agencies and City of San Diego (MMC and MSCP). Written concurrence from the Wildlife Agencies is required prior to Exclusion Plan implementation. Page 311 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 29 3. Survey Reporting During Construction - Details of construction surveys and evictions (if applicable) carried out shall be immediately (within 5 working days or sooner) reported to the City of San Diego’s MMC, and MSCP Sections and the Wildlife Agencies and must be provided in writing (as by e-mail) and acknowledged to have been received by the required Agencies and DSD Staff member(s). Post Construction: 1. Details of all surveys and actions undertaken on-site with respect to burrowing owls (i.e., occupation, eviction, locations etc.) shall be reported to the City of San Diego’s MMC Section and the Wildlife Agencies within 21 days post-construction and prior to the release of any grading bonds. This report must include summaries of all previous reports for the site; and maps of the project site and burrowing owl locations on aerial photos. BIO-SD-7 Direct Impact Avoidance for Crotch’s Bumble Bee Should this species no longer be a state candidate for listing or state listed as threatened or endangered at the time of the preconstruction meeting, then no avoidance measures shall be required. 1. Prior to the Notice to Proceed (NTP) for any construction permits, including but not limited to, the first Grading Permit, Demolition Plans/Permits and Building Plans/Permits, the Development Services Department (DSD) Director’s Environmental Designee shall verify the following project requirements regarding the Crotch’s bumble bee are shown on the construction permit: A. To avoid impacts to Crotch’s bumble bee, removal of habitat in the proposed area of disturbance must occur outside of the Colony Active Period between April 1 through August 31. If removal of habitat in the proposed area of disturbance must occur during the Colony Active Period, a Qualified Biologist shall conduct a preconstruction survey to determine the presence or absence of Crotch’s bumble bee within the proposed area of disturbance. B. Surveys must be conducted by a Qualified Biologist meeting the qualifications discusse d in the California Department of Fish and Wildlife (CDFW) guidance (i.e., Survey Considerations for California Endangered Species Act [CESA] Candidate Bumble Bee Species, dated June 6, 2023). The Qualified Biologist shall send all photo vouchers to a CDFW -approved taxonomist to confirm the identifications of the bumble bees encountered during surveys. C. The preconstruction survey shall be conducted during the colony active period between April 1 through August 31 by the Qualified Biologist within 30 calendar days prior to the issuance of Grading Permit, Demolition Plans/Permits and Building Plans/Permits and within one year prior to the initiation of project activities (including removal of vegetation). The pre - construction survey shall consist of photographic surveys following California Department of Fish and Wildlife (CDFW) guidance (i.e., Survey Considerations for California Endangered Species Act [CESA] Candidate Bumble Bee Species, dated June 6, 2023). The surveys shall consist of passive methods unless a Memorandum of Understanding is obtained, as described below. The surveys shall consist of three separate visits spaced two to four weeks apart. Survey results will be considered valid until the start of the next colony active period. Page 312 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 30 D. If additional activities (e.g., capture or handling) are deemed necessary to identify bumble bees of an unknown species that may be Crotch’s bumble bee, then the Qualified Biologist shall obtain required authorization via a Memorandum of Understanding or Scientific Collecting Permit pursuant to CDFW Survey Considerations for CESA Candidate Bumble Bee Species (CDFW 2023). Survey methods that involve lethal take of species are not acceptable. E. The Qualified Biologist/owner permittee shall submit the results (including positive or negative survey results) of the pre-construction survey to City DSD (Mitigation Monitoring and Coordination) City Planning Department (MSCP) staff and CDFW for review and written approval prior to the issuance of Grading Permit, Demolition Plans/Permits and Building Plans/Permits. F. If pre-construction surveys identify Crotch’s bumble bee individuals on-site, the Qualified Biologist shall notify and consult with CDFW to determine whether project activities would result in impacts to Crotch’s bumble bee, in which case an Incidental Take Permit ITP) may be required. If an ITP is required, it shall be obtained prior to issuance of Grading Permit, Demolition Plans/Permits and Building Plans/Permits and all necessary permit conditions shall be fulfilled prior to initiation of project activities. Take of any endangered, threatened, candidate species that results from the Project is prohibited, except as authorized by State law (California Fish and Game Code §§ 86, 2062, 2067, 2068, 2080, 2085; California Code of Regulations, Title 14, §786.9) under the CESA. G. Survey data shall be submitted by the Qualified Biologist to the CNDDB in accordance with the Memorandum of Understanding with CDFW, or Scientific Collecting Permit requirements, as applicable. Finding: In addition to mitigation measure BIO-SD-1 requiring habitat-based mitigation, the Project would implement BIO-SD-4 through BIO-SD-7 requiring specific measures associated with each special status species. BIO-CV-4 requires preconstruction should occur outside of the breeding season for least Bell's vireo, burrowing owl, coastal California gnatcatcher, yellow-breasted chat, and yellow warbler (February 1 to September 15) or a preconstruction survey shall be completed by a Qualified Biologist preconstruction to determine the presence or absence of nesting least Bell's vireo, burrowing owl, coastal California gnatcatcher, yellow-breasted chat, and yellow warbler on the proposed area of disturbance. Specifically related to avoidance of least Bell’s vireo, BIO-SD-5 requires avoidance or preconstruction surveys between March 15 and September 15, the breeding season of the least Bell’s vireo until specific requirements are met including an additional work zone delineation plus 300 feet, as well as noise reduction measures if a preconstruction survey detects this species. Initial preconstruction/take avoidance surveys are completed between 14 and 30 days before initial construction activities begin. Surveys must be conducted by a Qualified Biologist meeting the qualifications discussed in the CDFW guidance (i.e., Survey Considerations for California Endangered Species Act [CESA] Candidate Bumble Bee Species, dated June 6, 2023). The Qualified Biologist shall send all photo vouchers to a CDFW-approved taxonomist to confirm the identifications of the bumble bees encountered during surveys. Implementation of BIO-SD-1 and BIO-SD-4 through BIO-SD-7 would ensure that direct, indirect, and cumulatively significant impacts related to sensitive species and habi tats under the Annexation Scenario 2a would be reduced to less than significant levels. Reference: These Findings incorporate by reference the information and analysis included in Final EIR Section 4.3, Biological Resources, and Final EIR Appendix D. Page 313 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 31 Impact: Consistent with City of San Diego Biology Guidelines (2018) and the ESL Regulations, impacts to potential jurisdictional resources within the project area would be avoided and minimized to the extent feasible. However, despite effort to avoid and minimize impacts, a total of 0.40 acre of impacts to potential RWQCB wetland waters, CDFW riparian, and City of San Diego wetlands would occur with project implementation (see Final EIR Figure 4.3-6). Impacts would be potentially significant. Facts: The Project would result in impacts to 0.40 acre of wetland habitat. Under Annexation Scenario 2a, impacts to wetlands would require a deviation from the ESL wetland regulations in accordance with SDMC Section 143.0150. The project qualifies for a wetland deviation under the Biologically Superior Option because the wetlands are considered low quality, and the Project has demonstrated wetlands avoidance to the extent feasible. In addition, the Project would result in a biologically superior design t hrough creation/establishment and enhancement/ rehabilitation within Spring Canyon, as well as improvements to the on-site wetlands. Wetland enhancement/ rehabilitation would include the conversion of non-native riparian habitat (i.e., tamarisk scrub) into native riparian habitat, while wetland creation/establishment would include the conversion of disturbed habitat and non - native grassland habitat to native riparian habitat. All details of wetland and wetland buffer requirements are provided in the Wetlan d Plan (Final EIR Appendix D, Attachment 13). Mitigation Measures: See BIO-SD-2 BIO-SD-8 Wetland Restoration/Creation and Permits Prior to issuance of land development permits by the City of Chula Vista, including clearing, grubbing, grading, and/or construction permits that impact jurisdictional waters, the Project applicant shall provide compensatory wetland mitigation resulting in no overall net loss of wetlands. The Project would result in a total of 0.40 acre of impacts to RWQCB wetland waters, CDFW riparian, and City of Chula Vista wetlands. A total of 0.80 acre of mitigation for permanent impacts shall be provided, at minimum. To ensure no net loss, the mitigation shall include a 1:1 creation component. Prior to issuance of land development permits, including clearing, grubbing, grading, and/or construction permits by the City of Chula Vista that impact jurisdictional waters, the Project applicant shall obtain all necessary permits from RWQCB and CDFW and shall mitigate direct impacts pursuant to the City of Chula Vista MSCP Subarea Plan and in accordance with the terms and conditions of all required permits. Areas under the jurisdictional authority of RWQCB and CDFW shall be delineated on all grading plans. The applicant shall submit a Final Wetlands Plan and submit it for review and approval to the satisfaction of the City of San Diego, USFWS, RWQCB, and CDFW. The plan shall include, at a minimum, an implementation strategy; appropriate seed mixtures and planting method; irrigation; quantitative and qualitative success criteria; maintenance, monitoring, and reporting program; estimated completion time; contingency measures; and identify long-term funding. The Project applicant shall implement the Wetlands Plan subject to the oversight and approval of the City of San Diego DSD director (or their designee), RWQCB, and CDFW. Additionally, as a project design feature, the Final Wetlands Mitigation and Monitoring Plan shall include 2.21 acres of weed control within the Spring Canyon corridor and 0.46 acre of wetland creation/establishment area that shall Page 314 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 32 serve as partial mitigation for Southwest Village project being processed by the City of San Diego (SCH2004651076; PRJ-0614791). The Project proponent shall provide funding in an amount approved by the City and the Wildlife Agencies based on a Property Analysis Record, or similar cost estimation method, to secure the ongoing funding for the perpetual long-term management, maintenance, and monitoring of the off - site wetland mitigation area by an agency, nonprofit organization, or other entity approved by the City and the Wildlife Agencies. BIO-SD-9 Protection and Management Element Prior to issuance of any construction permits, including but not limited to, the first Grading Permi t, Demolition Permits and Building Permits or a Notice to Proceed for Subdivisions, the remaining environmentally sensitive lands (ESL) shall be placed in a covenant of easement (Figure 6 -1) per Section 143.0140(a) of the SDMC ESL regulation (City of San Diego 2022). These lands will not be used towards mitigation and will be protected from future development. Long -term management of the wetlands within the covenant of easement would be managed by the homeowners association in accordance with the Long-term Management Plan (see BIO-SD-10). BIO-SD-10 Prior to the issuance of any construction permits, including but not limited to, the first Grading Permit, Demolition Permits and Building Permits or a Notice to Proceed for Subdivisions, a long-term management plan shall be prepared to the satisfaction of the City of San Diego DSD director (or their designee), USFWS, and CDFW to address the ongoing maintenance of the on -site wetland mitigation lands to remain. This plan shall require (1) yearly inspection and enforcement of lighting within the site to be directed and shielded away from the wetland area; (2) yearly maintenance of the 6 -foot block wall that separates the development from the wetland area to reduce intrusion into the wetlands; (3) control invasive species appearing within the wetland three times a year; (4) brush management once a year with techniques that protect habitat quality; and (5) trash removal once a year. The project proponent shall provide funding in an amount approved by the City and the Wildlife Agencies based on a Property Analysis Record (Center for Natural Lands Management 1998), or similar cost estimation method, to secure the ongoing funding for the perpetual long-term management, maintenance, and monitoring of the on - site wetland mitigation area by the Owner/Permittee. Finding: In addition to mitigation measure BIO-SD-2 relating to indirect impacts to sensitive habitat, the Project would implement BIO-SD-8 to BIO-SD-9 requiring specific mitigation associated with impacts to jurisdictional wetland resources. BIO -SD-8 requires compensatory wetland mitigation resulting in no overall net loss of wetlands at ratios approved by RWQCB, CDFW, and the City of San Diego. To ensure no net loss, the mitigation shall include a 1:1 creation or restoration component. Additionally, a Wetlands Plan is required to be submitted and approved by RWQCB, CDFW, and the City to ensure a long -term planting and viability plan for the wetlands restoration. BIO -SD-9 requires the remaining environmentally sensitive lands to be placed in a covenant of easement (Figure 6-1) per Section 143.0140(a) of the SDMC. Additionally, mitigation measure BIO-SD-10 requires preparation and approval of a long term management plan associated with the on-site wetland. With implementation of BIO-SD-8 through BIO- SD-10, direct impacts to wetlands would be reduced to less Page 315 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 33 than significant. With implementation of BIO-SD-2, indirect impacts to wetlands during construction would be reduced to less than significant. Reference: These Findings incorporate by reference the information and analysis included in Final EIR Section 4.3, Biological Resources, and Final EIR Appendix D. 3. Health and Safety/Hazardous Materials Impact: The Project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment, resulting in a direct significant impact. Facts: Although no burn ash was identified within the Project site or within areas of the adjacent Davies property proposed for remedial grading, there is a potential risk that during construction of the Project site, of burn ash being released during grading, which would be a direct significant impact as detailed in Final EIR Section 4.6.3.1 and Final EIR Appendix H. Mitigation Measure: HAZ-SD-1 Community Health and Safety Plan Prior to issuance of any construction permits, including but not limited to: the first Grading Permit, Demolition Permits and Building Permits or a Notice to Proceed for Subdivisions, the Owner/Permittee shall prepare a Community Health and Safety Plan (CHSP) to address the Project site and potential burn ash contamination to be reviewed and approved by the City of San Diego Local Enforcement Agency (LEA). The CHSP shall include a site description, the scope of work to be conducted, responsibilities and key personal and contact information, analysis of hazards present, and procedures and protocols based on current regulatory standards and guidance to be utilized in the event hazardous conditions related to burn ash is encountered. Such conditions can include visual observations that indicate evidence of burn ash such as heat frosted glass shards, or stained or discolored soil. The CHSP shall include information informing all personnel of the potential presence of burn ash and procedures to follow if any is encountered during construction activities. The City of San Diego LEA shall be invited to any preconstruction meetings and the approved CHSP shall be distributed to all contractors and implemented by the Owner/Permittee, the Contractor, and subcontractors prior to and during all soil excavation activities. The Contractor shall serve as the Site Safety Manager and oversee the implementation of the CHSP. The Owner/Permittee shall provide the City of San Diego evidence of completion and approval of the CHSP prior to issuance of grading permits. Finding: Mitigation measure HAZ-SD-1 requires preparation of a CHSP under the oversight of the City of San Diego LEA to detail potential hazards that may be present, and procedures and protocols based on current regulatory standards to be utilized in the event any hazardous condition is encountered. Specifically, the CHSP would include procedures to follow should burn ash be encountered during grading and construction activities. Implementation of mitigation measure HAZ-SD-1 would ensure Page 316 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 34 adverse impacts related to potential accidental release of burn ash during grading for the areas currently within the City would be reduced to less than significant. Reference: These Findings incorporate by reference the information and analysis included in Final EIR Section 4.8.3.2 and Final EIR Appendix H. 4. Historical and Tribal Cultural Resources Impact: A potentially significant impact to unknown prehistoric/archaeological resources could result during on-site grading and grading within the off-site components improvement areas. Therefore, impacts to historical resources associated with potential discovery of buried archaeological remains and/or Tribal Cultural Resources would be significant. Facts: During grading activities there is a potential to impact buried prehistoric archaeological resources and/or Tribal Cultural Resources. This could result in direct significant impacts as detailed in Final EIR Sections 4.7.3.2 and 4.10.3.2 and Final EIR Appendix K. Mitigation Measure: HIST-SD-1 Archeological and Native American Monitoring I. Prior to Permit Issuance A. Entitlements Plan Check 1. Prior to issuance of any construction permits, including but not limited to, the first Grading Permit, Demolition Permits and Building Permits or a Notice to Proceed for Subdivisions, but prior to the first preconstruction meeting, whichever is applicable, the Assistant Deputy Director (ADD) Environmental designee shall verify that the requirements for Archaeological Monitoring and Native American monitoring have been noted on the applicable construction documents through the plan check process. B. Letters of Qualification have been submitted to ADD 1. The applicant shall submit a letter of verification to the Mitigation Monitoring and Coordination (MMC) office identifying the Principal Investigator (PI) for the project and the names of all persons involved in the archaeological monitoring program, as defined in the City of San Diego Historical Resources Guidelines (HRG). If applicable, individuals involved in the archaeological monitoring program must have completed the 40-hour HAZWOPER training with certification documentation. 2. MMC will provide a letter to the applicant confirming the qualifications of the PI and all persons involved in the archaeological monitoring of the project meet the qualifications established in the HRG. 3. Prior to the start of work, the applicant must obtain written approval from MMC for any personnel changes associated with the monitoring program. Page 317 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 35 II. Prior to Start of Construction A. Verification of Records Search 1. The PI shall provide verification to MMC that a site specific records search (¼-mile radius) has been completed. Verification includes, but is not limited to a copy of a confirmation letter from South Coastal Information Center, or, if the search was in -house, a letter of verification from the PI stating that the search was completed. 2. The letter shall introduce any pertinent information concerning expectations and probabilities of discovery during trenching and/or grading activities. 3. The PI may submit a detailed letter to MMC requesting a reduction to the ¼-mile radius. B. PI Shall Attend Precon Meetings 1. Prior to beginning any work that requires monitoring; the Applicant shall arrange a Precon Meeting that shall include the PI, Native American consultant/monitor (where Native American resources may be impacted), Construction Manager (CM) and/or Grading Contractor, Resident Engineer (RE), Building Inspector (BI), if appropriate, and MMC. The qualified archaeologist and Native American monitor shall attend any grading/excavation related precon meetings to make comments and/or suggestions concerning the archaeological monitoring program with the CM and/or Grading Contractor. If the PI is unable to attend the precon meeting, the applicant shall schedule a focused precon meeting with MMC, the PI, RE, CM or BI, if appropriate, prior to the start of any work that requires monitoring. 2. Identify Areas to be Monitored a. Prior to the start of any work that requires monitoring, the PI shall submit an Archaeological Monitoring Exhibit (AME) (with verification that the AME has been reviewed and approved by the Native American consultant/monitor when Native American resources may be impacted) based on the appropriate construction documents (reduced to 11x17) to MMC identifying the areas to be monitored including the delineation of grading/excavation limits. b. The AME shall be based on the results of a site specific records search as well as information regarding existing known soil conditions (native or formation). 3. When Monitoring Will Occur a. Prior to the start of any work, the PI shall also submit a construction schedule to MMC through the RE indicating when and where monitoring will occur. b. The PI may submit a detailed letter to MMC prior to the start of work or during construction requesting a modification to the monitoring program. This request shall be based on relevant information such as review of final construction documents which indicate site conditions such as depth of excavation and/or site graded to bedrock, etc., which may reduce or increase the potential for resources to be present. Page 318 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 36 III. During Construction A. Monitor(s) Shall be Present During Grading/Excavation/Trenching 1. The archaeological monitor shall be present full-time during all soil disturbing and grading/excavation/trenching activities that could result in impacts to archaeological resources as identified on the AME. The CM is responsible for notifying the RE, PI, and MMC of changes to any construction activities such as in the case of a potential safety concern within the area being monitored. In certain circumstances Occupational Safety and Health Administration (OSHA) safety requirements may necessitate modification of the AME. 2. The Native American consultant/monitor shall determine the extent of their presence during soil disturbing and grading/excavation/trenching activities based on the AME and provide that information to the PI and MMC. If prehistoric resources are encountered during the Native American consultant/monitor’s absence, work shall stop and the Discovery Notification Process detailed in Section III.B–C and IV.A–D shall commence. 3. The PI may submit a detailed letter to MMC during construction requesting a modification to the monitoring program when a field condition such as modern disturbance post-dating the previous grading/trenching activities, presence of fossil formations, or when native soils are encountered that may reduce or increase the potential for resources to be present. 4. The archaeological and Native American consultant/monitor shall document field activity via the Consultant Site Visit Record (CSVR). The CSVRs shall be faxed or emailed by the CM to the RE the first day of monitoring, the last day of monitoring, monthly (Notification of Monitoring Completion), and in the case of ANY discoveries. The RE shall forward copies to MMC. B. Discovery Notification Process 1. In the event of a discovery, the archaeological monitor shall direct the contractor to temporarily divert all soil disturbing activities, including but not limited to digging, trenching , excavating or grading activities in the area of discovery and in the area reasonably suspected to overlay adjacent resources and immediately notify the RE or BI, as appropriate. 2. The monitor shall immediately notify the PI (unless monitor is the PI) of the discovery. 3. The PI shall immediately notify MMC by phone of the discovery, and shall also submit written documentation to MMC within 24 hours by fax or email with photos of the resource in context, if possible. 4. No soil shall be exported off-site until a determination can be made regarding the significance of the resource specifically if Native American resources are encountered. Page 319 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 37 C. Determination of Significance 1. The PI and Native American consultant/monitor, where Native American resources a re discovered, shall evaluate the significance of the resource. If human remains are involved, follow protocol in Section IV below. a. The PI shall immediately notify MMC by phone to discuss significance determination and shall also submit a letter to MMC indicating whether additional mitigation is required. b. If the resource is significant, the PI shall submit an Archaeological Data Recovery Program (ADRP), which has been reviewed by the Native American consultant/monitor, and obtain written approval from MMC. Impacts to significant resources must be mitigated before ground-disturbing activities in the area of discovery will be allowed to resume. Note: If a unique archaeological site is also a historical resource as defined in CEQA, then the limits on the amount(s) that a project applicant may be required to pay to cover mitigation costs as indicated in CEQA Guidelines Section 21083.2 shall not apply. c. If the resource is not significant, the PI shall submit a letter to MMC indicating that artifacts will be collected, curated, and documented in the final monitoring report. The letter shall also indicate that no further work is required. IV. Discovery of Human Remains If human remains are discovered, work shall halt in that area and no soil shall be exported offsite until a determination can be made regarding the provenance of the human remains; and the following procedures as set forth in CEQA Section 15064.3(e), the California Public Resources Code (Section 5097.98) and state Health and Safety Code (Section 7050.5) shall be undertaken: A. Notification 1. Archaeological monitor shall notify the RE or BI as appropriate, MMC, and the PI, if the monitor is not qualified as a PI. MMC will notify the appropriate senior planner in the Environmental Analysis Section of the Development Services Department to assist with the discovery notification process. 2. The PI shall notify the medical examiner after consultation with the RE, either in person or via telephone. B. Isolate discovery site 1. Work shall be directed away from the location of the discovery and any nearby area reasonably suspected to overlay adjacent human remains until a determination can be made by the medical examiner in consultation with the PI concerning the provenance of the remains. 2. The medical examiner, in consultation with the PI, will determine the need for a field examination to determine the provenance. Page 320 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 38 3. If a field examination is not warranted, the medical examiner will determine with input from the PI, if the remains are or are not most likely to be of Native American origin. C. If human remains ARE determined to be Native American 1. The medical examiner will notify the Native American Heritage Commission (NAHC) within 24 hours. By law, ONLY the medical examiner can make this call. 2. NAHC will immediately identify the person or persons determined to be the most likely descendent (MLD) and provide contact information. 3. The MLD will contact the PI within 24 hours or sooner after the medical examiner has completed coordination, to begin the consultation process in accordance with CEQA Guidelines Section 15064.3(e), and the California Public Resources and Health & Safety Codes. 4. The MLD will have 48 hours to make recommendations to the property owner or representative, for the treatment or disposition with proper dignity, of the human remains and associated grave goods. 5. Disposition of Native American Human Remains will be determined between the MLD and the PI, and, if: a. The NAHC is unable to identify the MLD, OR the MLD failed to make a recommendation within 48 hours after being granted access to the site, OR; b. The landowner or authorized representative rejects the recommendation of the MLD and mediation in accordance with PRC Section 5097.94 (k) by the NAHC fails to provide measures acceptable to the landowner, the landowner shall reinter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance, THEN c. To protect these sites, the landowner shall do one or more of the following: (1) Record the site with the NAHC; (2) Record an open space or conservation easement; or (3) Record a document with the County. The document shall be titled “Notice of Reinterment of Native American Remains” and shall include a legal description of the property, the name of the property owner, and the owner’s acknowledged signature, in addition to any other information required by PRC Section 5097.98. The document shall be indexed as a notice under the name of the owner. Page 321 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 39 V. Night and/or Weekend Work A. If night and/or weekend work is included in the contract: 1. When night and/or weekend work is included in the contract package, the extent and timing shall be presented and discussed at the precon meeting. 2. The following procedures shall be followed. a. No Discoveries In the event that no discoveries were encountered during night and/or weekend work, the PI shall record the information on the CSVR and submit to MMC via fax by 8 a.m. of the next business day. b. Discoveries All discoveries shall be processed and documented using the existing procedures detailed in Sections III - During Construction, and IV – Discovery of Human Remains. Discovery of human remains shall always be treated as a significant discovery. c. Potentially Significant Discoveries If the PI determines that a potentially significant discovery has been made, the procedures detailed under Section III - During Construction and IV – Discovery of Human Remains shall be followed. d. The PI shall immediately contact MMC, or by 8 a.m. of the next business day, to report and discuss the findings as indicated in Section III-B, unless other specific arrangements have been made. B. If night and/or weekend work becomes necessary during the course of construction: 1. The CM shall notify the RE, or BI, as appropriate, a minimum of 24 hours before the work is to begin. 2. The RE, or BI, as appropriate, shall notify MMC immediately. C. All other procedures described above shall apply, as appropriate. VI. Post Construction A. Preparation and Submittal of Draft Monitoring Report 1. The PI shall submit two copies of the Draft Monitoring Report (even if negative), prepared in accordance with the Historical Resources Guidelines (Appendix C/D) which describes the results, analysis, and conclusions of all phases of the Archaeological Monitoring Program (with appropriate graphics) to MMC for review and approval within 90 days following the completion of monitoring. It should be noted that if the PI is unable to submit Page 322 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 40 the Draft Monitoring Report within the allotted 90-day timeframe resulting from delays with analysis, special study results or other complex issues, a schedule shall be submitted to MMC establishing agreed due dates and the provision for submittal of monthly status reports until this measure can be met. a. For significant archaeological resources encountered during monitoring, the Archaeological Data Recovery Program shall be included in the Draft Monitoring Report. b. Recording Sites with State of California Department of Parks and Recreation The PI shall be responsible for recording (on the appropriate State of California Department of Park and Recreation forms—DPR 523A/B) any significant or potentially significant resources encountered during the Archaeological Monitoring Program in accordance with the City of San Diego’s HRG, and submittal of such forms to the South Coastal Information Center with the Final Monitoring Report. 2. MMC shall return the Draft Monitoring Report to the PI for revision or, for preparation of the Final Report. 3. The PI shall submit revised Draft Monitoring Report to MMC for approval. 4. MMC shall provide written verification to the PI of the approved report. 5. MMC shall notify the RE or BI, as appropriate, of receipt of all Draft Monitoring Report submittals and approvals. B. Handling of Artifacts 1. The PI shall be responsible for ensuring that all cultural remains collected are cleaned and cataloged. 2. The PI shall be responsible for ensuring that all artifacts are analyzed to identify function and chronology as they relate to the history o f the area; that faunal material is identified as to species; and that specialty studies are completed, as appropriate. 3. The cost for curation is the responsibility of the property owner. C. Curation of artifacts: Accession Agreement and Acceptance Verification 1. The PI shall be responsible for ensuring that all artifacts associated with the survey, testing and/or data recovery for this project are permanently curated with an appropriate institution. This shall be completed in consultation with MMC and the Native American representative, as applicable. 2. The PI shall include the Acceptance Verification from the curation institution in the Final Monitoring Report submitted to the RE or BI and MMC. Page 323 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 41 3. When applicable to the situation, the PI shall include written verification from the Native American consultant/monitor indicating that Native American resources were treated in accordance with state law and/or applicable agreements. If the resources were reinterred, verification shall be provided to show what protective measures were taken to ensure no further disturbance occurs in accordance with Section IV – Discovery of Human Remains, Subsection 5. D. Final Monitoring Report(s) 1. The PI shall submit one copy of the approved Final Monitoring Report to the RE or BI as appropriate, and one copy to MMC (even if negative), within 90 days after notification from MMC that the draft report has been approved. 2. The RE shall, in no case, issue the Notice of Completion and/or release of the Performance Bond for grading until receiving a copy of the approved Final Monitoring Report from MMC which includes the Acceptance Verification from the curation institution. Finding: Implementation of mitigation measure HIST-SD-1 requires archaeological and Native American monitoring during grading to ensure oversight during ground -disturbing activities. Should unidentified potentially significant historic archaeological or Tribal Cultural Resources be discovered during Project grading, the monitors would halt work to allow the resources to be evaluated. If significant resources are recovered, implementation of a Research Design and Data Recovery Program would be required. Therefore, implementation of mitigation measure HIST-SD-1 would ensure significant resources are treated properly to reduce significant direct impacts to less than significant. Reference: These Findings incorporate by reference the information and analysis included in Final EIR Section 4.7, Historical Resources, Section 4.10, Tribal Cultural Resources, and Final EIR Appendix K. 6. Hydrology and Water Quality Impact: The Project could violate water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality during construction, resulting in a significant direct impact to water quality. Facts: Due to the potential for burn ash to be encountered during site grading, pollutants could be released during construction and flow into surface water. The potential to encounter burn ash within the Project site would result in a potentially significant impact to water quality as detailed in Final EIR Section 4.12.3.2 and Final EIR Appendix K. Mitigation Measures: See HAZ-SD-1 Finding: The Project would implement mitigation measure HAZ-SD-1, requiring preparation and approval of a CHSP prior to ground-disturbing activities within the City. Under the oversight of the City of San Diego LEA, the CHSP would detail potential hazards that may be present, as well as procedures and protocols based on current regulatory standards to be utilized in the event any hazardous condition is encountered. Specifically, the CHSP would include procedures to follow should bur n ash be encountered during grading and construction activities. Therefore, implementation of mitigated Page 324 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 42 measure HAZ-SD-1 would reduce potential direct and indirect impacts related to pollutant runoff (burn ash) to less than significant levels. Reference: These Findings incorporate by reference the information and analysis included in Final EIR Section 4.12, Hydrology and Water Quality and Final EIR Appendices H -1 through H-5. C. Impacts that would remain Significant and Unavoidable: Findings Pursuant to State CEQA Guidelines Section 15091(a)(3) The City, having reviewed and considered the information contained in the Final EIR and the Record of Proceedings, and pursuant to Public Resource Code Section 21081(a)(3) and CEQA Guidelines Section 15091(a)(3), finds that specific economic, legal, social, technological, or other considerations make infeasible any mitigation measures related to land use plan consistency (consistency with the City of San Diego General Plan 021-2029 Housing Element) for the Project's greenhouse gas [GHG]) and vehicle miles traveled (VMT) impacts as explained in more detail in the Final EIR. “Feasible” is defined in Section 15364 of the CEQA Guidelines to mean “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.” Public Resources Code Section 21081 and CEQA Guidelines Section 15091(a)(3) also provide that “other” considerations may form the basis for a finding of infeasibility. Case law makes clear that a mitigation measure or alternative can be deemed infeasible because of its failure to meet Project objectives or on related public policy grounds. These Findings are appropriate because there are no feasible mitigation measures available that would reduce the identified Project impacts to below a level of significance. 1. Greenhouse Gas Emissions Impact: The Project would result in significant impacts associated with GHG emissions and conflict with applicable plans, policies, and/or regulation adopted for the purpose of reducing the emissions of GHGs. Facts: Under Annexation Scenario 2a, the Project would implement the City of San Diego’s Climate Action Plan (CAP) Consistency Regulations and proposed pr oject design features. However, because the Project would not be consistent with the growth projections used in the development of the CAP, cumulative GHG impacts would be significant. Therefore, impacts related to GHG emissions and conflicts with applica ble plans, policies, or regulations adopted for the purpose of reducing the emissions of GHGs would be significant as detailed in Final EIR Section 4.5 and Final EIR Appendix M-1. Mitigation Measures: GHG-SD-1 Transit Passes Prior to first occupancy, the permittee shall implement a transit subsidy program. The subsidy value will be limited to the equivalent value of 25 percent of the cost of an MTS “Regional Adult Monthly/30 Day Pass” (currently $72, which equates to a subsidy value of $18 per month). Subsidies will be Page 325 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 43 available on a per-unit basis to residential tenants for a period of five years (five years after issuance of the first occupancy permit). Permittee shall provide an annual report to the City Engineer in each of the first five years demonstrating how the offer was publicized to residents and documenting the results of the program each year, including number of participants and driveway traffic counts. GHG-SD-2 Commute Trip Reduction Program Prior to first occupancy, the permittee shall develop and implement a commute trip reduction program that requires each homeowner and tenant to be provided with a one -page flyer every year that provides information regarding available transit, designated bicycle routes, local bicycle groups and programs, local walking routes and programs, and rideshare programs. GHG-SD-3 Bicycle Micro-mobility Fleet Prior to first occupancy, the permittee shall provide one bicycle (up to a $400 value) per unit to the first buyer of each unit. GHG-SD-4 Energy Star Appliances Prior to the issuance of residential building permits, the permittee shall submit building plans illustrating that residential structures shall have Energy Star rated appliances (clothes washers, dishwashers, refrigerators, and ceiling fans). GHG-SD-5 Alternative Water Heating Prior to the issuance of building permits, the permittee shall submit building plans illustrating that residential structures shall have non-gas water heaters (e.g., electric or solar water heating). GHG-SD-6 Water Efficient Landscaping Prior to the issuance of building permits, the permittee shall submit landscaping plans illustrating that the project would provide low-water use/drought tolerant plant species with low-water use irrigation (e.g., spray head or drip), where required. Finding: The Project would implement mitigation measures GHG -SD-1 through GHG-SD-6 to reduce the Project’s GHG emission impact. The Project would also implement the City of San Diego’s CAP Consistency Regulations. However, per the City of San Diego’s CAP threshold guidance, a project that would generate more emissions than planned for in the City of San Diego CAP would result in a significant impact with regards to GHG. The Project site is not currently within the City of San Diego and therefore the associated GHG emissions were not accounted for in the City of San Diego CAP. As such, the Project would be required to achieve net zero emissions in order to not increase emissions beyond the level assumed in the CAP. All feasible mitigation has been implemented as further detailed in the GHG Emissions Technical Report (see Appendix G). While the proposed mitigation measures would reduce GHG emissions to the extent feasible, the Project would not achieve net zero emissions and therefore would not be consistent with the CAP, resulting in a significant and unavoidable cumulative GHG emission impact after mitigation. Page 326 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 44 No other feasible mitigation measures have been identified or proposed that would mitigate this impact to below a level of significance. Specific economic, legal, social, technological, or other considerations described below make the mitigation measures or Project alternatives identified in the FEIR infeasible. Thus, the impact is significant and unavoidable. Reference: These Findings incorporate by reference the information and analysis included in Final EIR Section 4.5 and Final EIR Appendix G. 2. Transportation/Circulation Impact: The Project would result in VMT exceeding thresholds identified in the City of San Diego Transportation Study Manual (TSM). Pursuant to the TSM the Project would exceed the threshold of 15 percent below the regional mean VMT per capita. Impacts would be significant. Facts: The Project would apply Transportation Demand Management mea sure T-4 (Integrate Affordable and Below Market Rate Housing) from the California Air Pollution Control Officers Association (CAPCOA) Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity. The Project proposes 22 affordable units (11 low -income and 11 moderate- income). Measure T-4 would apply to the 11 low-income units. Application of this strategy resulted in a reduction of approximately 1.4 percent of the Project’s total VMT per capita, resulting in 90.6 percent of the regional mean VMT per capita, which is above the City of San Diego’s threshold of 85 percent of the regional average VMT per capita. Therefore, even with the application of CAPCOA reduction measures, and GHG related project design features (PDFs), impacts would be significant. Mitigation Measures: TRA-SD-1 San Diego Active Transportation In Lieu Fee Prior to issuance of the first building permit, the owner/permittee shall pay the City of San Diego Active Transportation In Lieu Fee, consistent with SDMC Section 143.1101, as mitigation to the greatest extent feasible. The owner/permittee shall provide evidence to the City of San Diego that the fee has been paid. Finding: The Project would implement mitigation measures TRA-SD-1 requiring the collection of funds consistent with SDMC Section 143.1101 to be used to fund VMT reducing infrastructure projects throughout the City of San Diego. However, notwithstanding implementation of CAPCOA reduction measure T-4 and mitigation measure TRA-SD-1, because the Project would not be able to reduce VMT to below 85 percent of regional mean (per capita), it would result in a significant and unavoidable VMT impact after mitigation. No other feasible mitigation measures have been identified or proposed that would mitigate this impact to below a level of significance. Specific economic, legal, social, technological, or other considerations described below make the mitigation measures or Project alternatives identified in the Final EIR infeasible. Thus, the impact is significant and unavoidable. Page 327 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 45 Reference: These Findings incorporate by reference the information and analysis included in Final EIR Section 4.9 and Final EIR Appendix M-1. 3. Land Use Impact: Under Annexation Scenario 2a, site grading and development proceed after the LAFCO reorganization process is complete. Therefore, all development -related impacts are based on City of San Diego regulations and policies. The Project would conflict with the City of San Diego General Plan Housing Element because it would not be consistent with Goal 5, Objective O which states that housing policies should align with state and local emissions reduction and climate adaptation strategies. Therefore, impacts associated with land use plans and policies would be significant. Facts: Although the Project would implement mitigation measures GHG -SD-1 through GHG-SD-6, GHG emissions are considered significant because the Project site is not currently within the City of San Diego and associated emissions were not accounted for in the City of San Diego CAP. To meet the assumptions in the CAP, the Project would have to obtain net zero or negative GHG emissions. While the inclusion of proposed PDF-GHG-1 through PDF-GHG-9 and mitigation measures GHG-SD-1 through GHG-SD-4 would reduce GHG emissions, the associated reduction cannot be shown to result in net zero emissions, and it cannot be demonstrated that the Project would achieve emissions consistent with the CAP. As such, the Project would not be consistent with the CAP and the Project would not be consistent with Goal 5, Objective O of the Housing Element. X. FINDINGS REGARDING ALTERNATIVES In accordance with Section 15126.6(a) of the CEQA Guidelines, an EIR must contain a discussion of “a range of reasonable alternatives to a project, or the location of a project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives.” Section 15126.6(f) further states that “the range of alternatives in an EIR is governed by the 'rule of reason' that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice.” The objectives of the proposed Project are stated above in Section II.A. Project Objectives. The City Council must consider the feasibility of any alternatives to the Project, evaluating whether these alternatives could avoid or substantially lessen significant environmental effects while achieving most of the objectives of the Project. The Final EIR includes an analysis of three alternative scenarios comparable to the Annexation Scenario 2a: No Project (No Development) Alternative, No Project (Develo pment Under the Existing General Plan) Alternative, and the Reduced Footprint Wetland Impact Reduction Alternative. A. No Project (No Development) Alternative Under the No Project (No Development) Alternative, the Project would not be implemented, and the Project site would remain in its current vacant condition. Potentially Significant Effects: The No Project (No Development) Alternative would avoid all significant and potentially significant impacts associated with the Project, including significant and Page 328 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 46 unmitigated Land Use, Transportation and GHG impacts, and significant but mitigated impacts related to Biological Resources, Health and Safety/Hazardous Materials, Historical and Tribal Cultural Resources, and Hydrology and Water Quality. Finding: The City, having reviewed and considered the information contained in the Final EIR, rejects the No Project (No Development) Alternative as it fails to satisfy the Project’s underlying purpose and fails to meet any of the Project objectives. The City finds that any of these grounds are independently sufficient to support rejection of this alternative. Reference: These Findings incorporate by reference the information and analysis included in Final EIR Section 9.2, No Project (No Development) Alternative. B. No Project (Development Under the Existing General Plan) Alternative The No Project (Development Under the Existing Plan) Alternative is the No Project Alternative that could reasonably be expected to occur if the Project did not proceed, and development would be completed in accordance with applicable land use plans and zoning. This alternative assumes the site would be developed with a passive recreational use consistent with the City Agricultural Zone (A -8) and Open Space (OS) General Plan designation. This alternative assumes the Project site would be developed with a passive park, including roadway improvements to allow vehicular access to the site via Dennery Road, and on-site parking primarily as trail staging for public access to the OVRP. Parking areas are assumed to be pervious. Passive park improvements are assumed to include natural and landscaped open space areas including grass play areas, picnic areas with shade structures, and trail improvements. One caretaker’s residence is assumed for the site that would rely on a septic system. A secondary emergency access road through the residential development to the east would not be required under this alternative. Considering the minimal development area needed, off-site remedial grading in the Davies property would likewise not be required. Potentially Significant Effects: The No Project (Development Under the Existing General Plan) Alternative would avoid all of the significant and potentially significant impacts associated with the Project, including significant and unmitigated Land Use (Consistency with City of San Diego Housing Element), Transportation (VMT) and GHG (emissions and consistency with plans) impacts. Specifically, these significant impacts would all be reduced to less than significant levels. Impacts that would be the same or similar under this alternative compared to the proposed Project would include: Land Use (physical division of community and consistency with MSCP); Air Quality (air quality plan implementation); Biology (wildlife corridors and conflicts with plans); Geology (all thresholds); Health and Safety (airport, emergency plans, and wildfire); Historical and Tribal Cultural Resources (all thresholds); Noise (all thresholds); Transportation (circulation, hazards, and emergency access); Aesthetics (light/glare); Public Services; and Wildfire (all thresholds). Potential impacts related to the following issue areas would result in incrementally reduced impacts compared to the proposed Project, with or without mitigation: Land Use (land use plan consistency); Air Quality (air quality standards, sensitive receptors, and odors); Biological Resources (sensitive species and habitats and wetlands); GHG (all thresholds); Health and Safety (hazardous materials); Transpo rtation (VMT); Aesthetics (scenic vistas/views, scenic resources, and visual character); and Hydrology and Water Quality (all thresholds); and Utilities. Page 329 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 47 None of the impacts associated with this alternative would be greater than those resulti ng from the proposed Project. Finding: The No Project (Development Under the Existing Plan) Alternative would only meet a single Project objective (Objective 5), providing amenities that contribute to the nearby OVRP recreational uses, including an overlook to the park and multi-modal connections. None of the other Project objectives would be met. Primarily, this alternative would not provide housing in response to regional housing needs, including affordable housing consistent with the City’s Housing Element goals. The City, having reviewed and considered the information contained in the Final EIR, rejects the No Project (Development Under the Existing General Plan) Alternative as it fails to satisfy the Project’s underlying purpose and fails to meet most of the Project objectives. The City finds that any of these grounds are independently sufficient to support rejection of this alternative. Reference: These Findings incorporate by reference the information and analysis included in Final EIR Section 9.3, No Project (Development Under the Existing General Plan) Alternative. C. Reduced Footprint Wetland Impact Reduction Alternative This alternative would reduce Project impacts to wetlands that would occur from construction of the proposed main entrance road from Dennery Road and a gated secondary emergency access road. To reduce Project impacts to wetlands from the proposed access roadways, the access would be redesigned to include bridging over the wetlands. To allow for bridging to reduce wetland impacts, and to provide a 100-foot buffer around the wetland area, the development footprint would be reduced and shifted to the west. This alternative would develop up to 221 dwelling units of the same design on a reduced footprint compared to the Project. To accommodate the reduced footprint, a combination of the unit types would be constructed to three stories instead of two stories. The same deviations to the City of San Diego Land Development Code would be required under this alternative, with an additional deviation for the increased building height. Additional details of this alternative are provided in Final EIR Section 9.5. Potentially Significant Effects: Under this alternative, all impacts would be the same, except that the following would be incrementally reduced: Biological Resources (wetlands); Geological (paleontological resources); and Historic and Tribal Cultural Resources (prehistoric and human remains). None of the impacts associated with this alternative would be greater than those resulting from the proposed Project. Finding: The Reduced Footprint Wetland Impact Reduction Alternative would reduce the severity of the Project’s impacts related to biological resources due to a reduction in wetland impacts; however, impacts to other biological resources would remain significant, the same as Annexation Scenario 2a. Potential impacts related to the following issue areas would be less than those resulting from the proposed Project, with or without mitigation: Paleontological Resources, Historical Resources, and Tribal Cultural Resources. The Reduced Footprint Wetland Impact Reduction Alternative would meet Objective 1, as it would redevelop an underutilized property to provide housing in response to housing needs. This alternative Page 330 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 48 would also meet Objective 2 because it would require LAFCO action to annex into the City of San Diego. Objectives 3 and 5 would be met because, although the footprint of the development would be reduced, this alternative would provide a residential community conducive to walking and bicycling and provide amenities that contribute to the nearby OVRP recreational uses. Additionally, construction of this alternative would generate some financial benefits and meet Objective 6. Due to the reduced development footprint and the need to construct three -story residential structures, housing under this alternative would be constructed as a single product: rowhomes. This would not meet Objective 4, which is to provide a variety of housing. Overall, the Reduced Footprint Wetland Impact Reduction Alternative would meet five out of six objectives and would meet the basic Project objectives. The City, having reviewed and considered the information contained in the Final EIR, rejects the Reduced Footprint Wetland Impact Reduction Alternative as it fails to satisfy the Project’s underlying purpose associated with the provision of housing. The City finds this sufficient grounds to support rejection of this alternative. Reference: These Findings incorporate by reference the information and analysis included in Final EIR Section 9.5, Reduced Footprint Wetland Impact Reduction Alternative. XI. STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to Public Resources Code Section 21081(b) and Section 15093 of the CEQA Guidelines, when the lead agency approves a project that may result in significant effects that are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action, based on the Final EIR and/or other information in the record. The City has adopted Findings Regarding Significant Effects for the Project, which conclude that the Project will have the following significant effects that are unavoidable even after incorporation of feasible mitigation measures associated with GHG (emissions and conflicts with plans) and Transportation (VMT). Additionally, because development under Annexation Scenario 2a would be under the jurisdiction of the City of San Diego, the Project would also result in significant and unavoidable Land Use impacts due to conflicts with City of San Diego Housing Element goals and policies. The City has balanced the proposed Project’s benefits against these unavoidable significant effects and dete rmined that they are acceptable due to each of the specific economic, legal, social, technological, or other benefits listed below that will result from approval and implementation of the Project. All benefits are based on the facts in the CEQA Findings Regarding Significant Effects, the Final EIR, and the Record of Proceedings for this Project. Each of these benefits is a separate and independent basis that justifies approval of the Project so that if a court were to set aside the determination that any particular benefit will occur and justifies Project approval, the City determines that it would stand by its determination that the remaining benefits is or are sufficient to warrant Project approval. Overriding Benefits The City therefore finds that, for each of the significant impacts subject to a finding under Public Resources Code Section 21081(a)(3), each of the following social, economic, and environmental benefits of the Project, independent of the other benefits, outweigh the potential significant Page 331 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 49 unavoidable adverse impacts and render acceptable each and every one of these unavoidable adverse environmental impacts: Public Services Benefits  Annexation of the Project site into the City of San Diego would allow for the more efficient provision of public services.  With the Project site being accessed from City of San Diego public roads and served by City of San Diego water and sewer facilities, annexation of the Project site would alleviate the City of Chula Vista from the potential necessity and administrative/fiscal burden of needing out -of- agency agreements for services. It would additionally alleviate the likely need for tax -sharing agreements with the City of San Diego to ensure the tax revenue from development in the City of Ch ula Vista appropriately funds the City of San Diego services upon which it relies. Recreational Benefits  The Project would construct on-site community facilities and other recreational amenities, including public trails with access to the OVRP.  Even under Annexation Scenario 2a, the City of Chula Vista is one of the joint powers of the OVRP and would benefit from the proposed recreation improvements. Biological Benefits  The Project would preserve biological resources, including upland and wetland hab itats and sensitive plants in perpetuity. Regional Housing Benefits  The Project would accommodate the need for housing to support the anticipated regional growth. XII. FINDINGS REGARDING OTHER CEQA CONSIDERATIONS A. Growth Inducement 1. Short-term Growth Inducement Short-term growth could occur due to the increased demands for trade skills and labor during construction. It is anticipated that this demand would be met predominantly by the local labor force and would not require importation of a substantial number of workers or cause an increased demand for temporary or permanent local housing. Further, construction of the Project is expected to take approximately 48 months. Since construction would be short -term and temporary, it would not lead to an increase in employment on-site that would stimulate the need for additional housing or services. Accordingly, no associated substantial short-term growth-inducing effects would result. Page 332 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 50 2. Induce Population Growth The Project would result in greater population growth than originally assessed under the City’s General Plan. The proposed construction of 221 units is not anticipated to result in an unplanned population increase beyond the San Diego Association of Governments (SANDAG) Regional Population a nd Housing Forecast, considering there is a shortage of housing to accommodate the existing and planned population. Although the Project would increase the residential density of the site, the proposed housing would be growth accommodating because of the need for housing to support the anticipated regional growth that would occur with or without development of the Project. Thus, the Project would not directly induce substantial unplanned population growth to the area. The population would be accommodated in proximity to a major transit stop, regional shopping, medical uses, and parks. The Project site is not located in a Transit Priority Area, as defined by SANDAG’s San Diego Forward: 2021 Regional Plan. As detailed in Section 4.2.3.2 of the Final EIR, SAND AG Series 13 estimates the population in the City of San Diego would grow from 1,453,267 in 2020 to 1,665,609 in 2035. This would equate to an additional 14,156 persons per year from 2020 to 2035. Furthermore, SANDAG Series 13 estimates that the City of San Diego would have 559,143 residential units in 2020 and 640,668 residential units in 2035. This would equate to an additional 5,435 units per year from 2020 to 2035. Implementation of the Project would result in an increase in 221 residential units in a location assumed to be open space in SANDAG’s growth projections. While the Project would include residential in an area previously planned for open space, this would be accommodated in the regional growth projections. As discussed in the City of San Dieg o General Plan Housing Element 2021-2029 the City of San Diego is currently experiencing a housing shortage and, as a result, in urgent need of additional housing. The City of San Diego's assigned target of the Regional Housing Needs Allocation (RHNA) target for the 2021-2029 RHNA Cycle is 108,036 homes. Although the City of San Diego is planning for additional housing to meet current need, during the fifth RHNA Cycle (2010-2020), the City of San Diego was assigned a target of permitting 88,096 new housing units and less than half of those units were constructed (42,275) as of December 2019. The proposed construction of 221 units is not anticipated to result in an unplanned population increase beyond SANDAG Regional Population and Housing Forecast considering there is a shortage of housing to accommodate the existing and planned population. Therefore, the Project would not induce unplanned population growth. 3. Induce Extension of Roads As discussed in Final EIR Section 4.14.3.2, the Project would connect to existing utility connections that serve the surrounding community to accommodate the internal utility infrastructure needs of the development. No new major infrastructure facilities are required specifically to accommodate the Project. No existing capacity deficiencies were identified for water, wastewater, or storm drain facilities that would serve the Project. Furthermore, the Project would not generate sewage flow or stormwater that would exceed the capacity already planned for the sewer line or storm drain. Lastly, the internal roadway network proposed to be constructed within the Project site would connect to the existing roadway network surrounding the Project site. Since the Project site is surrounded by existing development and would connect to existing utility infrastructure, implementation of the Project would not remove a barrier to economic or population Page 333 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 51 growth through the construction or connection of new public utility infrastructure. The Project would not induce road extensions or the need for new infrastructure. Overall, the Project would not remove barriers to growth and would not be considered growth- inducing. B. Significant Irreversible Environmental Changes Section 15126.2(d) of the CEQA Guidelines requires an EIR to address any significant irreversible environmental changes that may occur because of Project implementation. Consistent with the analysis in Section 5.2 of the Final EIR, the City finds that implementation of the Project would result in significant irreversible impacts to non-renewable resources. Construction and operation of future housing sites would result in the irretrievable commitment of limited, slowly renewable, and nonrenewable resources, which would limit the availability of these resource quantities for future generations or for other uses. Implementation of the Project would require the irreversible consumption of natural resources and energy. Natural resource consumption would include lumber and other forest products, sand and gravel, asphalt, steel, copper, other metals, and water. Building materials, while perhaps recyclable in part at some long-term future date, would for practical purposes be considered permanently consumed. Energy derived from non-renewable sources, such as fossil and nuclear fuels, would be consumed during construction and operational lighting, heating, cooling, and transportation uses. However, through required compliance with the regulations in effect at the time of development, the amount and rate of consumption of these resources would not result in significant environmental impacts or the unnecessary, inefficient, or wasteful use of resources. XIII. DECISION AND EXPLANATION REGARDING RECIRCULATION OF THE EIR Pursuant to the CEQA Guidelines, Section 15088.5(a), an agency is required to recirculate a Draft EIR when significant new information is added to the Draft EIR after public review of the Draft EIR, but before certification. Significant new information can include changes in the project or environmental setting, as well as additional data or other information. New information added to a Draft EIR is not significant unless the Draft EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse effect of the project or a feasible way to mitigate or avoid such an effect (including feasible alternatives) that the project's proponents have declined to implement. Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. As described in the CEQA Guidelines Section 15088.5(a), “Significant new information” requiring recirculation include, for example, a disclosure showing that: (1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. (2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. Page 334 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 52 (3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project, but the project’s proponents decline to adopt it. (4) The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. (Mountain Lion Coalition v. Fish and Game Com. (1989) 214 Cal.App.3d 1043). The City hereby finds that recirculation of the Draft EIR is not required for the following reasons:  Changes to the Draft EIR were made to clarify, correct, or add to the environmental impact analysis for the proposed Project. Such changes are a result of public review comments and/or further review of the Draft EIR. The changes do not constitute significant new information that alters the outcome of the environmental analysis or require recirculation of the document.  All feasible mitigation measures and alternatives have been identified that could reduce environmental impacts. No feasible Project alternatives or mitigation measures have been identified that would clearly lessen environmental impacts of the Project, and no major flaws or inadequacies have been identified in the EIR based on comments receive d from public review. Therefore, consistent with CEQA Guidelines 15088.5, recirculation of the Draft EIR is not required. Page 335 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda NAKANO SPECIFIC PLAN Final October 2024 Page 336 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CivilSense Civil Engineering Project Design Consultants Landscape Architecture LOS Engineering Inc. Traffic Engineering Dexter Wilson Engineering Water and Sewer Engineering Dudek Environmental Consultant Geocon Inc. Geotechnical Consultant Page 337 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 338 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 339 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 340 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 341 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 342 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 343 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 344 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 345 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 346 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 347 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 348 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 349 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 350 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda In addition to the Specific Plan, the following approvals are required for the processing of a change to the land use designation and zoning of the NSP Area: • • • • Page 351 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 352 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 353 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 354 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 355 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 356 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3.1 Page 357 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3.2 Page 358 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 359 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 360 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3.3 Page 361 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 362 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3.4 Page 363 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 364 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3.5 3.6 3.6.1 Page 365 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 366 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 367 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 368 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 369 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3.6.2 3.6.3 3.7 3.7.1 • • • • 3.7.2 Page 370 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • 3.7.3 • • • 3.7.4 • • • • 3.7.5 Page 371 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3.7.6 Page 372 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 373 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 374 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 375 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 4.1 4.2 4.2.1 • • • • Page 376 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4.2.2 • • • o o o o o o o o o o o o o o o Page 377 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 Page 378 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • • Page 379 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 4.3 4.3.1 • • • • • • • • 4.3.2 • • • • • Page 380 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • • • 4.3.3 • • • • • • • • • • 4.3.4 • • • • Page 381 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 • • • • Page 382 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • Page 383 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 • • • • • Page 384 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 385 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 Page 386 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4.4 • • • • • • • • • • • • • • • • • Page 387 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 • • • • • • • • • • • Page 388 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 389 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 • • • 4.5 • • • • • • • Page 390 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 391 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 392 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 5.2.1 Page 393 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 394 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 5.6.1 Page 395 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 5.6.2 5.6.3 5.6.4 5.6.5 Page 396 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 397 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 398 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • • • Page 399 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • Page 400 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • • 6.7.1 Page 401 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 402 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • • • • • • • • Page 403 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 404 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 405 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 406 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 1 2 3 4 Page 407 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 5 6 Page 408 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • Page 409 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • • • Page 410 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-1 Appendix B: Consistency Analysis The Specific Plan implements the goals and policies of the Cities of Chula Vista and San Diego’s general plans to create a tailored set of policies, regulations, and design guidelines that will apply to the context and vision for the Nakano Project. Appendix B provides thorough responses demonstrating how the Specific Plan is consistent with the objectives and policies of both general plans and the Otay Mesa Community Plan. B-1 Chula Vista 2005 General Plan Consistency Analysis Report The City of Chula Vista General Plan identifies the NSP Area as within the East Planning Area, where development is designed to support regional transit service, provide neighborhood and regional commercial areas, and offer a variety of housing opportunities. The Specific Plan Land Use designation is Specific Plan - Residential Medium, which establishes development regulations consistent with the Chula Vista General Plan land use designation, Residential Medium. The following table discusses in further detail how the land use and design criteria of the Nakano project will meet the City’s General Plan objectives and policies. GP Objective/ Policy # Objective/Policy Text Specific Plan Consistency Comments/Response GENERAL PLAN ELEMENT – LAND USE Theme 1 Strong Community Character and Image The NSP area is surrounded by residential developments within the Ocean View Hills community, which is comprised of a variety of residential and recreational uses. The Nakano Project will enhance the interface of the community by contributing additional recreational amenities and housing units that mesh with its surrounding community. Theme 2 Healthy and Sustainable Economy The Nakano Project will accommodate expansion of the local economy by providing workforce housing options and improvement of local facilities through develop fees and infrastructure improvements. Implementation of the Specific Plan represents economic investment in the area which attracts new businesses to enhance the region’s economic vitality. Page 411 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-2 Theme 3 Strong and Safe Neighborhoods The Nakano Project will create new housing units that mesh with the surrounding Ocean View Hill community. The Nakano Project will include a mobility network that provides sidewalks on all Private Drives and includes paseos to offer safe fluidity throughout the NSP area. The Nakano Project plans for multiple parks that will receive routine maintenance and upkeep which will contribute to the strength and safety of the overall neighborhood. Theme 4 Improved Mobility The Nakano Project includes new street connections, sidewalks, paseos, trail connections, and bicycle facilities that will serve residents and visitors. These mobility improvements will tie into the existing local and regional mobility network. Theme 5 Healthy and Sustainable Environment Implementation of the Specific Plan will include protective measures to ensure there are no adverse effect on the adjacent sensitive habitat in the ORVP. Implementation of the Specific Plan will also address stormwater management, transitional vegetation for protection of nearby habitat areas, as well as biofiltration basins for groundwater infiltration. These proactive measures will contribute to a healthy and sustainable environment. Theme 6 High Quality Community Services The Nakano Project will contribute to development impact funds that are paid at the time of building permit approval. As such, upon annexation of the NSP area, development impact fees shall be paid to the City of San Diego that ensure community services and infrastructure meet the needs of the development project. Theme 7 Effective Growth Management and Plan Implementation The Nakano Project provides a range of housing opportunities in a compact, efficient manner that is still compatible with the surrounding land uses. The residential development is directed towards the existing residential community along Ocean View Hills Road which eliminates the need for constructing entirely new infrastructure to support the development. Theme 8 Shaping the Future Through the Present and Past The Nakano Project includes landscaping elements that represent and recognize the agricultural history of the site, to respect and acknowledge the former agricultural heritage in this area. The Specific Plan addresses compatible land uses to existing and future uses, including the OVRP and neighboring residential developments. Objective – LUT 1 Provide a balance of residential and non-residential development throughout the City that achieves a vibrant development pattern, enhances the character of the City, and meets the present and future needs of all residents and businesses. The Nakano Project assists the City achieve residential development in proximity to non- residential uses such as healthcare and commercial uses. The Nakano Project enhances the character of the City by contributing additional recreational amenities and housing units to help meet the present and future needs of the City. Page 412 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-3 LUT 1.1 Ensure that land uses develop in accordance with the Land Use Diagram and Zoning Code in an effort to attain land use compatibility. While the Nakano Project includes amending the existing City of Chula Vista zoning from Agriculture (A-8) to Specific Plan Residential Medium (SP-RM), the Nakano Project is fully compatible with the surrounding land uses. The SPA is surrounded by residential development to the east, medical offices to the south, Interstate 805 to the west and open space to the north. The residential development to the east is similar in density and scale. As such, the Specific Plan’s land use and zoning attain land use compatibility. LUT 1.2 Coordinate planning and redevelopment activities and resources to balance land uses, amenities, and civic facilities in order to sustain or improve the quality of life. The Nakano Project assists the City and the greater San Diego region attain additional recreational amenities and housing units to help meet the present and future housing needs. Project amenities include pocket parks, trail access to the Otay Valley Regional Park (OVRP), and internal landscaped pathways, or paseos. The Nakano Project contributes to civic facilities through payment of Development Impact Fees (DIFs) that go towards community planned improvements, such as schools, parks and transit facilities. The City shall continue to consider cumulative projects in the region to coordinate development activities and balance land uses, amenities and civic facilities. LUT 1.4 Seek to achieve an improved balance between jobs and housing in Chula Vista. SANDAG projects Otay Mesa’s employment to increase from 8,000 in 2000 to 42,000 in 2030.1 Employment uses are adjacent to the SPA, including the medical offices south of the SPA that contribute to the jobs-housing balance in Otay Mesa. The Otay Mesa Community Plan designates the medical and commercial centers south of the SPA as “Regional Commercial” that support the border-related activities which yield a thriving commercial corridor that serves visitors and business of north side of the border.1 The Nakano Project assists the City attain additional housing units that help meet the present and future jobs-housing balance. LUT 1.5 Endeavor to create a mixture of employment opportunities for citizens’ at all economic levels. See analysis for Policy LUT 1.4. The Nakano Project provides housing options at varying sizes and price points which may be attainable for citizens at various economic levels, diversifying the workforce and in turn the economic base of the region. LUT 1.6 Attract and maintain land uses that generate revenue for the City of Chula Vista, while maintaining a balance of other community needs, such as housing, jobs, open space, and public facilities. The Nakano Project provides housing units that help the City meet their present and future housing needs and allow the City to attract and maintain revenue-generating land uses and jobs. The Nakano Project offers trail access to open space via the OVRP, as well as pocket parks and an overlook area over the OVRP. The applicant for the Nakano Project will provide appropriate DIFs for its fair share of public facilities and services. 1 City of San Diego. Otay Mesa Community Plan Update. March 2014. https://www.sandiego.gov/sites/default/files/otay_mesa_cmmty_plan_update_final-central_village_cpa.pdf. Page 413 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-4 LUT 1.7 Provide high-quality public facilities, services, and other amenities within close proximity to residents. The Nakano Project provides high-quality recreational amenities within the SPA, in proximity to its residents as well as the surrounding residents. The applicant for the Nakano Project will provide appropriate DIFs for its fair share of public facilities and services. LUT 1.8 Pursue higher density residential categories and retail demand that are not being met within the City. The Nakano Project provides housing options at varying densities and price points, which assists the City in meeting present and future housing needs across a range of housing categories. The Nakano Specific Plan land use designation of Specific Plan – Residential Medium allows for 6.1-11 dwelling units per acre, which is consistent with the surrounding residential neighborhoods to the west and southwest. The Nakano Project proposes an average of 10.8 dwelling units per acre. LUT 1.9 Provide opportunities for development of housing that respond to diverse community needs in terms of density, size, location, and cost. The Nakano Project provides housing options at varying densities, sizes and prices points which may be attainable for citizens at various economic levels. LUT 1.10 Maintain an adequate supply of land designated and zoned for residential use at appropriate densities to meet housing needs, consistent with the objective of maintaining a balance of land uses. The Nakano Project provides housing options at varying densities, which assists the City in meeting present and future housing needs. LUT 1.12 Encourage regional-serving, high-volume retail or other uses to locate near freeway access to minimize traffic on City streets. The Nakano Project does not include retail uses. LUT 1.13 Maintain neighborhood and community shopping centers of sizes and at locations that offer both choice and convenience for shoppers and residents, while sustaining a strong retail base for the City. The Nakano Project does not include commercial uses such as neighborhood and community shopping centers. LUT 1.15 Allow office uses that are associated with complementary commercial service businesses in commercial service areas. The Nakano Project does not include office uses. LUT 1.17 Encourage the development of cultural and performing arts nodes in different areas throughout the City, each with a specific non-competing focus, such as viewing performances or works of art, and learning about, creating, or purchasing art. The Nakano Project does not include commercial uses such as cultural and performing arts. Page 414 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-5 Objective – LUT 3 Direct the urban design and form of new development and redevelopment in a manner that blends with and enhances Chula Vista’s character and qualities, both physical and social. The SPA is surrounded by residential developments within the Ocean View Hills community, which is comprised of a variety of residential and recreational uses. The Nakano Project will enhance the interface of the community by contributing additional recreational amenities and housing units that are similar to and thus blend with the character of the surrounding community. LUT 3.1 Adopt urban design guidelines and/or other development regulations for all Districts or Focused Areas of Change as presented in Sections LUT 8.0 - 10.0 of the Land Use and Transportation Element, as necessary, to ensure that new development or redevelopment recognizes and enhances the character and identity of adjacent areas, consistent with this General Plan’s Vision. The Specific Plan includes design guidelines, included as Chapter 4, to ensure that new development recognizes enhances the character and identity of adjacent areas. The Nakano Project will enhance the character and identity of the surrounding community by contributing additional recreational amenities and housing units and implementing high- quality design. LUT 3.2 Any such urban design guidelines and/or other development regulations shall be consistent with other, related policies and provisions in this General Plan, including Sections 7.3 through 7.6. The Specific Plan includes policies, standards, and procedures to maintain the integrity of the surrounding residential neighborhoods. The broader Ocean View Hills community contains residential developments of similar size, scale, and architectural styles. The Specific Plan includes minimum setbacks and buffers from neighboring uses to ensure compatible land uses and edge transitions. The design guidelines are crafted to ensure new development recognizes and enhances the interface of the community by contributing additional recreational amenities and housing units that mesh with its surrounding community. Objective – LUT 5 Designate opportunities for mixed use areas with higher density housing that is near shopping, jobs, and transit in appropriate locations throughout the City. The Nakano Project does not include mixed use areas. The Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. LUT 5.1 Promote mixed use development, where appropriate, to ensure a pedestrian-friendly environment that has opportunities for housing; jobs; childcare; shopping; entertainment; parks; and recreation in close proximity to one another. The Nakano Project does not include mixed use areas. The Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. LUT 5.2 Encourage new development that is organized around compact, walkable, mixed use neighborhoods and districts in order to conserve open space resources, minimize infrastructure costs, and reduce reliance on the automobile. The Nakano Project does not include mixed use areas. The Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. Page 415 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-6 LUT 5.3 Authorize and encourage mixed use development in focus areas, including high-density residential housing, neighborhood-serving commercial, and office uses. The Nakano Project does not include mixed use areas. The Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. LUT 5.4 Develop the following areas as mixed use centers: Urban Core; Palomar Trolley Station; EUC; and Otay Ranch Village Cores and Town Centers. The Nakano Project does not include mixed use areas. The Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. LUT 5.7 Encourage new ownership or rental housing in mixed use designations and near major transit services, where compatible with adjacent neighborhoods. Mixed use housing should minimize impacts on designated single-family neighborhoods. The Nakano Project does not include mixed use areas. The Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. LUT 5.8 Encourage a wide variety of retail and commercial services, such as restaurants and cultural arts/entertainment, in appropriate locations. The Nakano Project does not include retail and commercial services. LUT 5.9 Encourage active and inviting pedestrian-friendly street environments that include a variety of uses within commercial and mixed use areas. The Nakano Project includes roadways with sidewalks, paseo, and trail connections to promote an inviting pedestrian-friendly street environment. LUT 5.11 Endeavor to reduce the number of peak hour automobile trips by supporting increased services near workplaces. The Nakano Project includes residential uses in proximity to workplaces such as medical and commercial uses. LUT 5.12 Minimize local and regional traffic by concentrating higher density employment near major transit services. The SPA is within a ½ mile walking distance to four MTS bus stops, thus facilitating transit usership. Two are on Palm Avenue and two are on Dennery Road. Therefore, the Nakano Project increases housing in proximity to the transit and provides mobility recommendations to improve pedestrian connectivity. LUT 5.13 Higher density residential and mixed use residential/commercial development should be designed to: create a pleasant walking environment to encourage pedestrian activity; maximize transit usage; provide opportunities for residents to conduct routine errands close to their residence; integrate with surrounding uses to become a part of the neighborhood rather than an isolated project; use architectural elements or themes from the surrounding neighborhood; and provide appropriate transition between The Nakano Project includes new street connections, sidewalks, paseos, trail connections, and bicycle facilities that will serve residents and visitors. These mobility improvements tie into the existing local and regional mobility network. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway, thus facilitating transit usership. The SPA is located in proximity to regional commercial uses just south of the SPA which offer uses for routine errands. The Specific Plan design guidelines are crafted to ensure new development recognizes meshes with its surrounding community. Page 416 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-7 land use designations to minimize neighbor compatibility conflicts Objective- LUT 6 Ensure adjacent land uses are compatible with one another. The SPA is surrounded by residential developments within the Ocean View Hills community, which is comprised of a variety of residential and recreational uses. The design guidelines in the Specific Plan recognize and enhance the interface of the community by contributing additional recreational amenities and housing units that blend with its surrounding community. LUT 6.1 Ensure, through adherence to design guidelines and zoning standards, that the design review process guarantees excellence in design and that new construction and alterations to existing buildings are compatible with the best character elements of the area. The Nakano Project shall be processed through the City’s design review process to ensure compliance with design standards and guidelines. LUT 6.2 Require that proposed development plans and projects consider and minimize project impacts upon surrounding neighborhoods. The Nakano Project will be CEQA compliant so will therefore fully consider and mitigate for any project impacts upon surrounding neighborhoods. LUT 6.3 Require that the design of new residential, commercial, or public developments is sensitive to the character of existing neighborhoods through consideration of access, compatible building design and massing, and building height transitions, while maintaining the goals and values set forth in the General Plan. Within transit focus areas, design provisions should include requirements for a minimum building step back of 15 feet for every 35 feet in height, for edges abutting residential uses. The Specific Plan includes policies, standards, and procedures to maintain the integrity of the surrounding residential neighborhoods. The broader Ocean View Hills community contains residential development of similar size, scale, and architectural styles. The Specific Plan includes minimum setbacks and buffers from neighboring uses to ensure compatible land uses and edge transitions. The design guidelines are crafted to ensure new development recognizes and enhances the interface of the community by contributing additional recreational amenities and housing units that mesh with its surrounding community. LUT 6.5 Require, through sensitive and attractive design, that neighborhood retail centers and commercial service buildings are compatible with the surrounding neighborhood. The Nakano Project does not include neighborhood retail and commercial services. LUT 6.6 Establish design guidelines and development standards for commercial and mixed use development that respect and complement the character of surrounding neighborhoods and uses. The Nakano Project does not include commercial or mixed use development. Page 417 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-8 LUT 6.7 Require that outdoor storage areas or salvage yards be screened from any public right-of-way. The Specific Plan includes development standards that require all stored items be completely screened by solid fences, walls, buildings, or landscape features, or by a combination of screening elements. LUT 6.8 Require that any land use that handles, generates and/or transports hazardous substances, will not negatively impact existing or future sensitive receptors/land uses, as defined by state and federal regulations. The Nakano Project will be CEQA compliant which considers project impacts of transporting hazardous substances. The Nakano Project shall comply with state and federal regulations related to transporting hazardous substances. LUT 6.10 Coordinate and work closely with the City of San Diego, National City, and San Diego County in the Otay Valley Regional Park and Sweetwater/Bonita areas to participate in the development review processes of projects proposed in these areas. Work to ensure that such development takes applicable City of Chula Vista standards into consideration, as appropriate. Responsible agencies that have a particular interest in the Nakano Project have been engaged in the development review process. Objective- LUT 7 Appropriate transitions should be provided between land uses. The Specific Plan includes minimum setbacks and buffers from neighboring uses to ensure compatible land uses and edge transitions. LUT 7.1 Protect adjacent, stable residential neighborhoods by establishing guidelines that reduce the potential impacts of higher intensity mixed use, commercial, and urban residential developments (i.e. transitional areas). The Specific Plan includes policies, standards, and procedures to maintain the integrity of the surrounding residential neighborhoods. The broader Ocean View Hills community contains residential development of similar size, scale, and architectural styles. The Specific Plan includes minimum setbacks and buffers from neighboring uses to ensure compatible land uses and edge transitions. The design guidelines are crafted to ensure new development recognizes and enhances the interface of the community by contributing additional recreational amenities and housing units that mesh with its surrounding community. The Nakano Project is held to CEQA compliance which evaluates Project impacts on the environment. LUT 7.2 Require new or expanded uses to provide mitigation or buffers between existing uses where significant adverse impacts could occur. The Specific Plan includes minimum setbacks and buffers from neighboring uses to ensure compatible land uses and edge transitions. The Nakano Project will be subject to applicable city brush management requirements that ensure appropriate buffering from the adjacent open space LUT 7.3 Require that commercial and industrial development adjacent to residential or, educational uses be adequately screened and buffered to minimize noise, light, glare, and any other adverse impacts upon these uses. The Nakano Project does not include commercial or industrial development. Page 418 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-9 LUT 7.4 Require landscape and/or open space buffers to maintain a naturalized or softer edge for proposed private development directly adjacent to natural and public open space areas. The Nakano Project includes brush management zones that requires landscape and open space buffer that maintain a naturalized or softer edge to the residential development. Objective – LUT 8 Strengthen and sustain Chula Vista's image as a unique place by maintaining, enhancing, and creating physical features that distinguish Chula Vista's neighborhoods, communities, and public spaces, and enhance its image as a pedestrian-oriented and livable community. The Nakano Project enhances Chula Vista’s image by creating a distinguished neighborhood that emphasizes recreational and pedestrian amenities. LUT 8.1 Develop a program to enhance the identity of special districts and neighborhoods to create variety and interest in the built environment, including such items as signage, monuments, landscaping, and street improvements. The Nakano Project includes distinct placemaking through monument signage and comprehensive landscaping. LUT 8.2 Emphasize certain land uses and activities, such as cultural arts; entertainment; specialty retail; or commercial recreation, to enhance or create the identity of specialized districts or Focus Areas in the City. The Nakano Project does not include activity-oriented commercial uses. The Nakano Project does include recreational amenities such as pocket parks and trail access which enhance the identity of the community. LUT 8.3 Ensure that buildings are appropriate to their context and designed to be compatible with surrounding uses and enhance the desired character of their District. The design guidelines in the Specific Plan recognize and enhance the interface of the community by contributing additional recreational amenities and housing units that mesh with its surrounding community. The broader Ocean View Hills community contains residential development of similar size, scale, and architectural styles. LUT 8.4 Encourage and require, where feasible, the incorporation of publicly accessible urban open spaces, including: parks; courtyards; water features; gardens; passageways; paseos; and plazas, into public improvements and private projects. The Nakano Project does include recreational amenities such as pocket parks, paseos, and trail access which enhance the identity of the community. LUT 8.5 Prepare urban design guidelines that help to create pedestrian-oriented development by providing: Varied and articulated building facades; Visual (first floor clear glass windows) and physical access for pedestrians; Pedestrian circulation among parcels; uses; transit stops; and public or publicly accessible spaces; Human scale design elements; The Specific Plan includes design guidelines that include varied and articulated building facades; visual and physical access for pedestrians; pedestrian circulation via sidewalks, paseos, trails, and private drives; human scale design elements; street-engaging facades via walkways and visible front entries, and alley-loaded products. Page 419 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-10 Ground floor residential and commercial entries that face and engage the street; and Pedestrian-oriented streetscape amenities. LUT 8.6 Develop a master plan for artwork in public places that would identify the types of art desired and establish appropriate settings for the display of art, including within public rights-of- way and landscape medians. The Nakano Project includes monument signage, comprehensive landscaping along roadways and paseos. LUT 8.7 Ensure that vacant parcels and parcels with unsightly storage uses, such as auto salvage yards, are appropriately screened from the street to reduce their negative visual effects. The Specific Plan includes development standards requiring outdoor storage not to exceed 400 square feet in an area or 12 feet in height and must be screened. Objective – LUT 10 Create attractive street environments that complement private and public properties, create attractive public rights-of-way, and provide visual interest for residents and visitors. The Specific Plan includes design guidelines intended to create attractive development that compliments surrounding developments and provides visual interest for residents and visitors. The design guidelines provide guidance on building massing, materials and colors, architectural styles and product design. LUT 10.2 Landscape designs and standards shall include a coordinated street furniture palette, including waste containers and benches, to be implemented throughout the community at appropriate locations. The Specific Plan includes design guidelines on street furniture that shall be implemented throughout the SPA. LUT 10.3 Provide well-designed, comfortable bus stops throughout the City. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway. Two are on Palm Avenue and two are on Dennery Road. As stated in the Nakano Local Mobility Analysis, the bus stop on the north side of Palm Avenue includes a combined bench with open air shelter. The bus stop on the south side of Palm Avenue includes has a bench. The bus stop on the east side of Dennery Road has a bench. The bus stop on the west side of Dennery Road includes a combined bench with open air shelter. The bus stops are in good condition. LUT 10.4 Prior to the approval of projects that include walls that back onto roadways, the city shall require that the design achieves a uniform appearance from the street. The walls shall be uniform in height, use of materials, and color, but also incorporate elements, such as pilasters, that add visual interest. The Nakano Project may include block walls along street side units. The design of such walls and the design standards for walls would conform to applicable city code in terms of height, materials and color. The design review process of the Nakano Project would ensure compliance with applicable design standards. Page 420 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-11 LUT 10.5 Require under grounding of utilities on private property and develop a priority based program of utility under grounding along public rights-of-way. Utilities for the Nakano Project shall be undergrounded. LUT 10.6 Study the locational requirements of utility, traffic control, and other cabinets and hardware located in the public rights-of- way to determine alternative locations for these items in less obtrusive areas of the street environment. The Nakano Project does not include utility hardware in above-ground public rights-of- way, in compliance with city standards. LUT 10.7 Work with utility providers to coordinate the design of utility facilities (e.g., substations, pump stations, switching buildings, etc.) to ensure that the facilities fit within the context of their surroundings and do not cause negative visual impacts. The Nakano Project provides utility services to the new development. Utility providers shall be engaged throughout the development review process through implementation. Objective – LUT 11 Ensure that buildings and related site improvements for public and private development are well-designed and compatible with surrounding properties and districts. The Specific Plan includes design guidelines intended to create attractive development that compliments surrounding developments and provides visual interest for residents and visitors. The design guidelines are crafted to ensure new development recognizes the broader Ocean View Hills community through similar use of building massing, materials and colors, architectural styles and product designs that mesh the surrounding community. LUT 11.1 Promote development that creates and enhances positive spatial attributes of major public streets, open spaces, cityscape, mountain and bay sight lines, and important gateways into the City. The Nakano Project enhances positive spatial attributes through widespread and intentional landscaping along public streets, paseos, and pocket parks; provides a new trail access point to the OVRP; and incorporation of an overlook area over the OVRP. LUT 11.2 Promote and place a high priority on quality architecture, landscape, and site design to enhance the image of Chula Vista, and create a vital and attractive environment for businesses, residents, and visitors. The Specific Plan includes development standards and design guidelines intended to create attractive development that compliments surrounding developments and provides visual interest for residents and visitors. The Specific Plan standards and guidelines inform future development and design elements such as architecture, landscape and site design. LUT 11.4 Actively promote architectural and design excellence in buildings, open space, and urban design. The Specific Plan includes development standards and design guidelines intended to create attractive development that compliments surrounding developments and provides visual interest for residents and visitors. The Specific Plan standards and guidelines inform future development and design elements such as structure architecture, recreation and open space landscaping, site design, and streetscape design. LUT 11.5 Require a design review process for all public and private discretionary projects (which includes architectural, site plan, landscape and signage design) to review and evaluate projects The Nakano Project will comply with the City’s Design Review Process. Page 421 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-12 prior to issuance of building permits to determine their compliance with the objectives and specific requirements of the City's Design Manual, General Plan, and appropriate zone or Area Development Plans. Objective – LUT 12 Protect Chula Vista’s important historic resources. The SPA does not contain any historic resources. Therefore, this policy is not applicable. Objective – LUT 14 Coordinate with appropriate regional and local agencies to create an effective regional transportation network that links Chula Vista to the surrounding region and Mexico. The Nakano Project provides a series of private drives, bicycle facilities, sidewalks and trails that tie into the existing regional transportation network. LUT 14.1 Support the study, design, expansion, and construction of a regional freeway system that will have the capacity to carry forecasted regional traffic demand in and through the City of Chula Vista. The Nakano Project does not include expansion or construction of a regional freeway system. The Nakano Project is obligated to pay its fair share towards community planned classification improvements. LUT 14.2 Support planning for regional freeways and state highways to allow mitigation of anticipated impacts from external trips on the Chula Vista circulation system. The Nakano Project does not include expansion or construction of a regional freeway system. LUT 14.3 Plan for high capacity regional freeway and Transit First facilities to adequately serve the regional travel demand resulting from the land uses associated with adjacent areas. The Nakano Project does not include expansion or construction of any regional freeway or Transit First facilities. LUT 14.4 Focus regional traffic corridors traversing the General Plan area to I-5, I-805, SR- 54, and SR-125. Major east-west roads should be used to effectively distribute traffic to the freeways and toll ways. The SPA is located directly east of I-805. The SPA is provided access to I-805 via the major east-west corridor, Palm Avenue. LUT 14.5 Continue to actively participate in regional organizations and processes to ensure the integration of Chula Vista circulation system facilities with circulation systems planned for by other agencies. This policy is not relevant to the Nakano Project. LUT 14.6 Define and evaluate quality of life standards for transportation, and establish an implementation plan for financing needed facilities. This policy is not relevant to the Nakano Project. LUT 14.7 Coordinate with regional agencies to ensure adequate transportation links with regional population, employment and activity centers. The Nakano Project provides a series of private drives, bicycle facilities, sidewalks and trails that tie into the existing regional transportation network. Page 422 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-13 LUT 14.8 In order to provide direct access to the University/RTP, Village 9 Town Center, and to provide regional transit service across the Otay Valley, support the construction of the Rock Mountain and Otay Valley Road interchanges with SR-125, as warranted in accordance with the City of Chula Vista Toll Road Agreement with San Diego Expressway Limited Partnership and Agreement Affecting Real Property, as amended. This policy is not relevant to the Nakano Project. Objective – LUT 16 Integrate land use and transportation planning and related facilities. The Nakano Project contributes additional recreational amenities and housing units that mesh with its surrounding community. The Nakano Project is organized by new street connections, sidewalks, paseos, trail connections, and bicycle facilities that will serve residents and visitors. These mobility improvements will tie into the existing local and regional mobility network. LUT 16.1 Promote the development of well-planned communities that will tend to be self-supportive and, thus, reduce the length of vehicular trips, reduce dependency on the automobile, and encourage the use of other modes of travel. The Nakano Project is organized by new street connections, sidewalks, paseos, trail connections, and bicycle facilities that will serve residents and visitors. These mobility improvements will tie into the existing local and regional mobility network. LUT 16.2 Ensure that new development and community activity centers have adequate transportation and pedestrian facilities. The Nakano Project is organized by new street connections, sidewalks, paseos, trail connections, and bicycle facilities that will serve residents and visitors. These mobility improvements will tie into the existing local and regional mobility network. LUT 16.3 Provide direct and convenient access to public transit stops within residential, commercial, and industrial areas. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway. Two are on Palm Avenue and two are on Dennery Road LUT 16.4 Develop plans, policies, and standards for enhancing interchanges and bridge crossings along (or over/under) the I- 5, I-805, SR-54, and SR-125 corridors to support transit, vehicular, non-motorized, and pedestrian connections. This policy is not relevant to the Nakano Project. Objective – LUT 17 Plan and coordinate development to be compatible and supportive of planned transit. There are currently no planned transit improvements along Dennery Road or Palm Avenue. The Nakano Project is obligated to pay its fair share towards community planned classification improvements. LUT 17.1 Designate sufficient land at appropriate densities to support planned transit and require that development be transit- oriented, as appropriate to its proximity to transit facilities. The Nakano Specific Plan land use designation of Specific Plan – Residential Medium allows for 6.1-11 dwelling units per acre, which is consistent with the surrounding residential neighborhoods to the west and southwest. The Nakano Project proposes an average of 10.8 dwelling units per acre. There are four bus stops within a ½ mile (as the Page 423 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-14 crow flies) of the Nakano Project driveway. Two are on Palm Avenue and two are on Dennery Road. LUT 17.2 Direct higher intensity and mixed use developments to areas within walking distance of transit, including San Diego Trolley stations along E, H, and Palomar Streets, and new stations along future transit lines, including BRT. The Nakano Specific Plan land use designation of Specific Plan – Residential Medium allows for 6.1-11 dwelling units per acre, which is consistent with the surrounding residential neighborhoods to the west and southwest. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway. Two are on Palm Avenue and two are on Dennery Road, thus facilitating transit usership. LUT 17.3 Establish new town centers in the East Planning Area to be transit-oriented and include a transit stop or station. The Nakano Project does not include a new town center. LUT 17.4 Require developers to consult and coordinate with SANDAG and the City to ensure that development is compatible with and supports the planned implementation of public transit. SANDAG and the City were consulted for the Vehicle Miles Traveled Analysis and Local Mobility Analysis Report, in which the responsible agencies ensure the development is compatible with any planned implementation of public transit. Objective – LUT 18 Reduce traffic demand through Transportation Demand Management (TDM) strategies, increased use of transit, bicycles, walking, and other trip reduction measures. The Nakano Project is accompanied by a Transportation Demand Management (TDM) plan which includes recommended elements as Project conditions of approval, including: providing information about the SANDAG’s iCommute program; encouraging carpooling; and encouraging bike and transit usage. LUT 18.1 Support and encourage the use of public transit. The Nakano Project is accompanied by a TDM plan which includes recommended elements as Project conditions of approval, including: provide information about the SANDAG’s iCommute program; encourage carpooling; and encourage bike and transit usage. LUT 18.2 Provide an efficient and effective paratransit service for elderly and handicapped persons unable to use conventional transit service. The Nakano Project is accompanied by a TDM plan which includes recommended elements as Project conditions of approval, including: providing information about the SANDAG’s iCommute program; encouraging carpooling; and encouraging bike and transit usage. LUT 18.3 Provide and enhance all feasible alternatives to the automobile, such as bicycling and walking, and encourage public transit ridership on existing and future transit routes. In addition to the TDM plan which encourages transit usage, the Nakano Project includes mobility improvements such as sidewalks, paseos, and bicycle facilities to encourage alternatives to the automobile. LUT 18.4 Use master planning techniques in new development and redevelopment projects to enable effective use of public transit. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway. Two are on Palm Avenue and two are on Dennery Road, thus facilitating transit usership. The Nakano Project is also accompanied by a TDM plan which includes measures to encourage use of public transit. The private drives shall not be considered for public transit. Page 424 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-15 LUT 18.5 Implement TDM strategies, such as carpooling, vanpooling, and flexible work hours that encourage alternatives to driving alone during peak periods. The Nakano Project provides does not provide commercial employment opportunities and therefore does not control work hours. The Nakano Project TDM plan includes recommended elements as Project conditions of approval, including: providing information about the SANDAG’s iCommute program; encouraging carpooling; and encouraging bike and transit usage. LUT 18.6 Encourage employer-based TDM strategies, such as: employee transportation allowances; preferential parking for rideshare vehicles; workplace-based carpool programs; and shuttle services. The Nakano Project provides does not provide commercial employment opportunities and therefore does not control employee transportation allowances or similar employee benefits. The Nakano Project TDM plan includes recommended elements as Project conditions of approval, including: providing information about the SANDAG’s iCommute program; encouraging carpooling; and encouraging bike and transit usage. LUT 18.7 Support the location of private “telework” centers. The Specific Plan designates the SPA as Specific Plan – Residential Medium, which conditionally allows home occupations within the SPA. LUT 18.8 Encourage establishment of park-and-ride facilities near or at transit stations, as appropriate to the area's character and surrounding land uses. There is a park-and-ride facility at the Palm Avenue Trolley Station located approximately three miles west of the SPA. The Nakano Project is obligated to pay DIFs towards community planned improvements, such as transit facilities. Objective – LUT 20 Make transit-friendly roads a top consideration in land use and development design. The Nakano Project includes a series of private drives to adequately facilitate internal vehicular travel. The private drives shall not be considered for public transit. LUT 20.1 Incorporate transit-friendly and pedestrian-friendly elements into roadway design standards, such as signal priority for transit and adequate sidewalk widths for pedestrians. The Nakano Project includes a series of private drives to adequately facilitate internal vehicular travel. The private drives shall not be considered for public transit. It also provides sidewalks and paseos along select private drives to facility internal pedestrian usage. Objective – LUT 23 Promote the use of non-polluting and renewable alternatives for mobility through a system of bicycle and pedestrian paths and trails that are safe, attractive and convenient forms of transportation. In addition to the TDM plan which encourages transit usage, the Nakano Project includes mobility improvements such as sidewalks, paseos, trail access points, and bicycle facilities to encourage alternatives to the automobile. LUT 23.1 Encourage the use of bicycles and walking as alternatives to driving The Nakano Project includes mobility improvements such as sidewalks, paseos, trail access points, and bicycle facilities to encourage alternatives to the automobile. LUT 23.2 Foster the development of a system of inter-connecting bicycle routes throughout the City and region. The Nakano Project includes four-foot bike paths along the entrance driveway that acts as the primary roadway of the development. The private drives leading east and west from the primary roadway will include bicycle sharrows. Page 425 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-16 LUT 23.3 Preserve, restore, or provide the opportunity for a cyclist to ride a bicycle to virtually any chosen destination, in order to make the bicycle a viable transportation alternative. The Nakano Project includes four-foot bike paths along the entrance driveway that acts as the primary roadway of the development. The private drives leading east and west from the primary roadway will include bicycle sharrows. LUT 23.4 Link major residential areas with principal trip destinations, such as schools; parks; community centers; and shopping centers. The Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. LUT 23.5 Provide linkages between bicycle facilities that utilize circulation element alignments and open space corridors. The Nakano Project includes new street connections, sidewalks, paseos, trail connections, and bicycle facilities that will serve residents and visitors. These mobility improvements will tie into the existing local and regional mobility network, providing linkages to open space corridors including the OVRP. LUT 23.6 In addition to using open space corridors, off-street bicycle trails should use flood control and utility easements. The trails shall be designed to minimize interaction with automobile cross traffic. The Nakano Project does not use flood control or utility easement for bicycle trails. However, there are bicycle facilities including a separated Class I Bike Path along Private Drive A which buffers bicycles from automobile traffic and links to the Class II bike lane along Dennery Road. LUT 23.7 Provide bicycle support facilities at all major bicycle usage locations. The Nakano Project provides bicycle facilities including a separated Class I Bike Path along Private Drive A, which is the main Drive running through the project. The separated Bike Path buffers bicycles from automobile traffic and links to the Class II bike lane along Dennery Road. LUT 23.10 Promote the system of trails envisioned within the Chula Vista Greenbelt. The Nakano Project provides trail access to the existing OVRP trail system that is adjacent to the SPA. This will promote the OVRP trail system in place. LUT 23.11 Implement recommendations of the City's Bikeway Master Plan and Greenbelt Master Plan. The 2020 Chula Vista Active Transportation Plan 2 (ATP) is an update to the 2011 Bikeway Master Plan. The ATP shows a proposed multi-use path through the OVRP, through the SPA, and connecting with Dennery Road. The implementation of the proposed multi-use path would need to tie into the Nakano Project, for example it could connect to the Nakano Project’s bike path along the main private drive through the center of the SPA. The Nakano Project provides trail access to the existing OVRP trail system that is adjacent to the SPA, in alignment with the City’s Greenbelt Master Plan. LUT 23.12 Provide opportunities for use of personal mobility devices. The Nakano Project includes 4-foot sidewalks and paseos that could accommodate personal mobility devices, where appropriate. 2 City of Chula Vista. Active Transportation Plan. May 12, 2020. https://www.chulavistaca.gov/home/showpublisheddocument/20838/637346375732130000. Page 426 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-17 LUT 23.13 New overpasses and interchanges should be designed to accommodate bicycles and pedestrians. The Nakano Project does not provide new overpasses or interchanges. Bicycle and pedestrian facilities will link into existing facilities on Dennery Road. LUT 23.14 Require new development projects to provide internal bikeway systems with connections to the citywide bicycle networks. The Nakano Project provides bicycle facilities including a separated Class I Bike Path along Private Drive A, which is the main Drive running through the project. The separated Bike Path buffers bicycles from automobile traffic and links to the Class II bike lane along Dennery Road. Objective – LUT 30 Use parking management to better utilize parking facilities and implement policies to reduce parking demand before considering public expenditures for additional parking facilities. The Nakano Project is a residential project. Parking will be provided within each unit’s garage and driveway, with the exception of a percentage of parking being common area parking. There will be no public funding required for additional parking facilities. LUT 30.1 Consider limiting parking in appropriate areas to discourage single-occupant vehicle commuting and to reinforce non- auto travel modes, but not so limiting as to adversely affect the viability and vitality of the area. The Nakano Project is a residential project. Parking will be provided within each unit’s garage and driveway, with the exception of a percentage of parking being common area parking. LUT 30.2 Consider establishment of maximum allowances for off-street parking spaces in mixed use zones where parking demand could be offset by close proximity of uses or availability of transit. The Nakano Project does not include any mixed-use zones. Parking will be provided within each unit’s garage and driveway, with the exception of a percentage of parking being common area parking. LUT 30.3 Emphasize the provision of short-term parking (e.g., parking duration limits, time-of-day, restricted parking zones) over long-term parking in commercial areas. The Nakano Project is a residential project and does not include commercial areas. Any parking limits will be at the discretion of the HOA. Objective – LUT 31: Provide parking facilities that are appropriately integrated with land uses; maximize efficiency; accommodate alternative vehicles; and reduce parking impacts. The Nakano Project is a residential project. Parking will be provided within each unit’s garage and driveway, with the exception of a percentage of parking being common area parking. LUT 31.1 Strategically locate parking structures to serve commercial and employment centers, and to provide park and ride opportunities for use of express shuttle, trolley service, and other transit. The Nakano Project does not include any parking structures. Therefore, this policy is not applicable. LUT 31.2 Encourage consolidation of surface parking lots into structured parking facilities where appropriately located and well-designed. The Nakano Project does not include any surface parking lots or parking structures. Therefore, this policy is not applicable. Page 427 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-18 LUT 31.3 Provide parking and recharging facilities for alternative vehicles such, as bicycles and electric and low-emission vehicles. The Nakano Project is a residential project and therefore bicycle parking is not required for a dwelling unit with a garage accessible only by residents of the dwelling unit. Bicycle racks shall be provided at pocket park locations to encourage multi-modal interconnectivity. There are no public electric or low emission vehicle charging stations. Objective – LUT 32: Evaluate the use and applicability of various strategies to provide parking. The Nakano Project is a residential project. Parking will be provided within each unit’s garage and driveway, with the exception of a percentage of parking being common area parking. LUT 32.1 Consider the joint use of parking facilities in mixed use areas where peak parking occurs at different times of the day or week and the parking facility is within one quarter mile of the uses it will serve. The Nakano Project does not include any mixed-use zones. Parking will be provided within each unit’s garage and driveway, with the exception of a percentage of parking being common area parking. LUT 32.2 Consider the establishment of parking districts that may include a variety of public parking facilities, including surface lots and parking structures, to provide parking for a bounded geographical area. The Nakano Project is a residential project. Parking will be provided within each unit’s garage and driveway, with the exception of a percentage of parking being common area parking. There will be no public parking facilities, surface lots or parking structures. LUT 32.3 Consider the use of parking credits for developers in exchange for transit facility placement, bicycle facilities, and/or monetary contribution toward public parking. The Nakano Project meets parking requirements and thus does not plan to implement such additional facilities. LUT 32.4 Consider the use of in-lieu fees, whereby a specified amount is submitted to the City for each parking space not provided on site, which the City shall subsequently use for the construction of public parking facilities. The Nakano Project meets parking requirements and therefore this is not applicable. Objective – LUT 33 Ensure that parking facilities are appropriately sited and well- designed in order to minimize adverse effects on the pedestrian-oriented environment, and to enhance aesthetic qualities. The Nakano Project is a residential project. Parking will be provided within each unit’s garage and driveway, with the exception of a percentage of parking being common area parking. Parking will be designed in order to minimize effects to pedestrians and enhance aesthetics, where possible. LUT 33.1 Off-street surface parking areas should be located and designed in a manner that supports and does not conflict with pedestrian activity, such as to the side or rear of buildings, wherever feasible. In pedestrian-oriented areas, locate surface parking lots to the rear or side of buildings, wherever feasible. The Nakano Project is a residential project. Parking will be provided within each unit’s garage and driveway, with the exception of a percentage of parking being common area parking. There are no surface parking lots proposed. Page 428 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-19 LUT 33.2 Encourage consolidation of surface parking lots into structured parking facilities where appropriately located and well-designed. The Nakano Project is a residential project. Parking will be provided within each unit’s garage and driveway, with the exception of a percentage of parking being common area parking. There will be no public parking facilities, surface lots or parking structures. Objective LUT 61 Create balanced communities that can provide a high quality of life for residents. The Nakano Project provides recreational amenities and housing units to help meet the present and future housing needs providing for a healthy lifestyle for residents. LUT 61.1 Adhere to the regulations established in existing GDPs and SPAs. The Nakano Project is not subject any existing Chula Vista General Development Plans or Sectional Planning Areas. Therefore, this policy is not applicable. LUT 61.2 Future SPAs shall focus on creating a vibrant sense of community, a vigorous economy, and a healthy environment. The Nakano Project does not include a future SPA. Therefore, this policy is not applicable. LUT 61.3 Require all future community identification signs and monuments to recognize communities as part of the City of Chula Vista. As denoted in the Specific Plan standards, monument signs shall recognize the jurisdiction it resides in. Objective – LUT 62 Require development to consider and plan for careful use of natural and man-made resources and services, and maximize opportunities for conservation while minimizing waste. The Nakano Project would be consistent with the City’s Landscape Water Conservation Ordinance. The Nakano Project would also practice energy conservation through the use of shade trees that reduce heat island issues and installation of solar photovoltaic systems. LUT 62.1 Require developments within the East Planning Area to provide resource management plans for water; air quality; recycling; solid waste management; and energy. The Nakano Project is located within the East Planning Area. All technical reports related to resource management are included with the CEQA compliance documentation. Objective – LUT 63 Provide efficient multi-modal access and connections to and between activity centers. The Nakano Project provides bicycle, pedestrian and automobile access to Dennery Road, linking the project to other activity centers in the area. LUT 63.1 Provide roads, transit service, bike routes, and pedestrian pathways that connect activity centers to their surrounding neighborhoods, adjacent villages, and each other, such that access is safe and convenient for residents and visitors. The Nakano Project provides bicycle, pedestrian and automobile access to Dennery Road, linking the project to other activity centers in the area. Objective – LUT 72 Develop comprehensive, well-integrated, and balanced land uses within villages and town centers that are compatible with the surroundings. The Nakano Project is a residential project and is not located in a village or town center. Therefore, this policy is not applicable. LUT 72.1 Create a series of town centers of size or intensity greater than the typical village core concept, and characterized by higher density, mixed use development, with an appropriate The Nakano Project is a residential project and is not a village or town center. Therefore, this policy is not applicable. Page 429 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-20 amount of commercial, community, and other necessary services. LUT 72.2 Provide for mixed land use in each Village Core and Town Center focusing on shops, plazas, parks, and housing arranged to encourage social interaction. The Nakano Project is a residential project and is not located in a village or town center. Therefore, this policy is not applicable. LUT 72.3 Provide a variety of housing types, including single-family and multi-family, in residential neighborhoods and mixed use village centers, responding to the needs of families, singles, students, and seniors. The Nakano Project assists the City attain additional housing units that help meet the City’s present and future housing needs. The Project provides a range of housing types, contributing both single-family and multi-family units, responding to the needs of all citizens. LUT 72.4 Concentrate higher intensity land uses and those uses that generate pedestrian activity toward the Village Core or Town Center, with densities generally decreasing away from core areas. The Nakano Project is a residential project and is not within a Village Core or Town Center. Therefore, this policy is not applicable. LUT 72.5 Each Village Core or Town Center must provide neighborhood commercial services within ¼-mile radius of residences and/or transit. The Nakano Project is a residential project and is not a within Village Core or Town Center. Therefore, this policy is not applicable. LUT 72.6 Town Centers should provide community/neighborhood serving commercial services. The Nakano Project is a residential project and is not a Town Center. Therefore, this policy is not applicable. LUT 72.7 Provide pedestrian and street connectivity between Villages utilizing a grid circulation pattern that offers a wider range of mobility choices and routes. The Nakano Project is a residential project and is not a designated Village. Therefore, this policy is not applicable. Objective – LUT 73 Promote alternative modes of transportation, which are intended to encourage a healthy lifestyle and reduce reliance on the automobile, and support the viability of transit through land use distribution and design. The Nakano Project will have a mobility network that provides access for people to walk, bike, drive and take transit. The surrounding network of streets, bike paths, sidewalks, and trails provide connections between the residential neighborhoods of the Nakano Project and the commercial, retail, and public uses such as schools, parks, and transit facilities within the vicinity, promoting the use of alternative modes of transportation. LUT 73.1 Provide for walking and biking on streets designed to link neighborhoods, activity centers, and community destinations. The Nakano Project will have a mobility network that provides access for people to walk, bike, drive and take transit. The surrounding network of streets, bike paths, sidewalks, and trails provide connections between the residential neighborhoods of the Nakano Project and the commercial, retail, and public uses such as schools, parks, and transit facilities within the vicinity. Page 430 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-21 LUT 73.2 Town centers and village cores should include a transit station that is appropriately sited to increase commuter ridership and promote activity and viability of nearby commercial and office developments. The Nakano Project is a residential project and is not a Village Core or Town Center. Therefore, this policy is not applicable. LUT 73.3 Higher residential densities in Town Centers and Village Cores should be located within a one-quarter mile radius of transit stations. The Nakano Project is a residential project and is not located near a Village Core or Town Center. Therefore, this policy is not applicable. LUT 73.4 Locate High and Medium-High density residential within ¼- mile radius to the Village Core(s), Town Center(s), or transit. The Nakano Project is a residential project and is not located near a Village Core or Town Center. Therefore, this policy is not applicable. LUT 73.5 Locate activity centers adjacent to transit stations, which should be designed with inviting pedestrian access and public spaces. The Nakano Project is a residential project. Therefore, this policy is not applicable. LUT 73.6 Use town centers to promote pedestrian travel within the villages and the use of bicycles and BRT for trips outside the villages. The Nakano Project is a residential project and is not located near a Village Core or Town Center. Therefore, this policy is not applicable. LUT 73.7 Incorporate pedestrian-oriented design features on streets that move vehicular traffic through the town center's pedestrian environment, including potential use of a town center arterial couplet design. The Nakano Project is a residential project and is not located near a Village Core or Town Center. Therefore, this policy is not applicable. LUT 73.8 Incorporate pedestrian-oriented design features on streets that move vehicular traffic through the town center's pedestrian environment, including potential use of a town center arterial couplet design. The Nakano Project is a residential project and is not located near a Village Core or Town Center. Therefore, this policy is not applicable. Objective – LUT 74 Accommodate land uses that diversify the economic base within Otay Ranch and the surrounding south San Diego County region. The Nakano Project provides housing options at varying sizes and prices points which may be attainable for citizens at various economic levels, diversifying the workforce and in turn the economic base of the region. Per the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. LUT 74.1 Provide sufficient land and infrastructure to accommodate commercial and industrial uses. The Nakano Project is a residential project therefore, this policy is not applicable. Page 431 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-22 LUT 74.2 Promote additional business and higher paid employment opportunities for residents of Chula Vista. The Nakano Project is a residential project therefore, this policy is not applicable. LUT 74.3 Promote synergistic uses between the villages of Otay Ranch to provide a balance of activities, services and facilities. The Nakano Project is a residential project and is not located between the villages of Otay Ranch. Therefore, this policy is not applicable. Objective – LUT 75 Preserve and protect Otay Ranch’s significant natural resources and open space lands with environmentally sensitive development. The Nakano Project is a residential project and is not located within or adjacent to Otay Ranch. LUT 75.1 Create and maintain a comprehensive open space system throughout the Otay Ranch villages that, through environmental stewardship, restores and preserves nature's resources for generations to come. The Nakano Project is not located within the villages of Otay Ranch. Therefore, this policy is not applicable. LUT 75.2 Design villages that have well defined edges such as the Chula Vista Greenbelt, open spaces, or wildlife corridors. The Nakano Project is a residential project and is not a village or town center, nor is it in the vicinity of a village. Therefore, this policy is not applicable. Objective – LUT 76 Provide public services and facilities to meet the needs of the Otay Ranch residents. The Nakano Project is a residential project and is not located within or adjacent to Otay Ranch. LUT 76.1 Services and facilities will be conveniently located and efficiently managed and provided to Otay Ranch residents concurrent with needs. The Nakano Project is a residential project and is not located within or adjacent to Otay Ranch. GENERAL PLAN ELEMENT – ECONOMIC DEVELOPMENT Objective – ED 1 Provide a diverse economic base for the City of Chula Vista. The Nakano Project provides housing options at varying sizes and prices points which may be attainable for citizens at various economic levels, diversifying the workforce and in turn the economic base of the region. ED 1.2 Provide sufficient tracts of land at a variety of sizes available for industrial and commercial uses in order to provide a stable economic base. The Nakano Project is a residential project therefore, this policy is not applicable. ED 1.3 Encourage the preservation and expansion of existing industrial uses in areas designated as industrial. The Nakano Project is a residential project therefore, this policy is not applicable. ED 1.4 Increase the supply of land for non-retail employment through the designation of land to accommodate a regional The Nakano Project is a residential project therefore, this policy is not applicable. Page 432 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-23 technology park; a future business park; industrial or business park space; and development of a university campus. ED 1.5 Consider fiscal impact implications of General Plan amendments that propose changes to industrial and commercial lands. The Nakano Project is a residential project therefore, this policy is not applicable. Objective – ED 2 Maintain a variety of job and housing opportunities to improve Chula Vista's jobs/housing balance. SANDAG projects Otay Mesa’s employment to increase from 8,000 in 2000 to 42,000 in 2030.3 Employment uses are adjacent to the SPA, including the medical offices south of the SPA that contribute to the jobs-housing balance in Otay Mesa. The Otay Mesa Community Plan designates the medical and commercial centers south of the SPA as “Regional Commercial” that support the border-related activities which yield a thriving commercial corridor that serves visitors and business of north side of the border.1 The Nakano Project assists the City attain additional housing units that help meet the present and future jobs-housing balance The Nakano Project provides housing options at varying sizes and prices points which may be attainable for citizens at various economic levels, diversifying the workforce and in turn the economic base of the region. ED 2.2 Facilitate increased employment densities near transit stations and routes. The Nakano Project is a residential project therefore, this policy is not applicable. ED 2.3 Pursue a diverse supply of housing types and costs, as well as a diverse supply of jobs with varying income potential, to balance local job and housing opportunities The Nakano Project provides housing options at varying sizes and prices points which may be attainable for citizens at various economic levels, diversifying the workforce and in turn the economic base of the region. Per the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. ED 2.5 Encourage mixed use projects where retail, commercial and office development is developed with residential opportunities on the same lot site or in the same building. The Nakano Project is a residential project and does not include mixed-use. Therefore, this policy is not applicable. Objective – ED 7 Develop a strong land use and transportation link between the downtown urban core, bayfront, southwestern, and eastern areas of the City to support economic development throughout. The Nakano Project is a residential project therefore, this policy is not applicable. 3 City of San Diego. Otay Mesa Community Plan Update. March 2014. https://www.sandiego.gov/sites/default/files/otay_mesa_cmmty_plan_update_final-central_village_cpa.pdf. Page 433 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-24 ED 7.2 Link activity centers through strong public transportation and combined land uses that encourage multi-purpose trips. The Nakano Project is a residential project and not an activity center. However, the project will have a mobility network that provides access for people to walk, bike, drive and take transit. The surrounding network of streets, bike paths, sidewalks, and trails provide connections between the residential neighborhoods of the Nakano Project and the commercial, retail, and public uses such as schools, parks, and transit facilities within the vicinity. ED 7.4 Develop activities in eastern Chula Vista that will attract residents citywide. The Nakano Project is a residential project located along I-805, therefore, this policy is not applicable. Objective – ED 8 Develop and maintain a City-wide image that promotes the City’s assets. The Nakano Project will be developed with development standards that align with the City’s image. ED 8.2 Facilitate identification of activity areas throughout the City to aid in promoting recognizable destinations for shopping, recreating, and business. The Nakano Project is a residential project and not an activity center. Therefore, this policy is not applicable. ED 8.3 Designate the location, function, and characteristics of primary City gateways and key corridors, and enhance them to make them attractive and inviting. The Nakano Project is not located in a primary City gateway or key corridor. Therefore, this policy is not applicable. Objective – ED 9 Develop community-serving and neighborhood uses to serve residents and visitors, alike. The Nakano Project is surrounded by residential developments within the Ocean View Hills community, which is comprised of a variety of residential and recreational uses. The Nakano Project will enhance the interface of the community by contributing additional recreational amenities and housing units that mesh with its surrounding community. ED 9.1 Provide for community and neighborhood commercial centers in areas convenient to residents. These centers should complement and meet the needs of the surrounding neighborhood through their location; size; scale; and design. The neighborhood concept of providing pedestrian, bicycle, and other non-motorized access should be encouraged. The Nakano Project is a residential project. Therefore, this policy is not applicable. ED 9.5 Encourage clustered commercial uses to prevent and discourage strip development. Locate commercial uses at focal points along major arterial streets or expressways and in village core areas. The Nakano Project is a residential project. Therefore, this policy is not applicable. ED 9.6 Encourage clustered, smaller scale office and professional uses along major streets and in neighborhood centers in a The Nakano Project is a residential project. Therefore, this policy is not applicable. Page 434 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-25 variety of areas dispersed throughout the community to meet the needs of nearby neighborhoods. ED 9.7 Encourage merchants, neighborhood associations and other groups to enhance business districts and meet the needs of adjacent neighborhoods. The Nakano Project is a residential project. Therefore, this policy is not applicable. GENERAL PLAN ELEMENT – ENVIRONMENTAL Objective – E 1 Conserve Chula Vista’s sensitive biological resources. The Nakano Project would provide an adequate avoidance buffer from on-site jurisdictional areas outside the impact limit. Other avoidance and mitigation measures that conserve biological resources are included in the CEQA compliance documentation. E 1.1 Implement the Chula Vista MSCP Subarea Plan. The land uses identified in the OVRP Concept Plan are consistent with the goals of the MSCP Subarea Plan. The Specific Plan is within the OVRP Concept Plan boundary. The land uses specified in the Specific Plan supersede the OVRP Concept Plan, therefore are consistent with the MSCP Subarea Plan. Objective – E2 Protect and improve water quality within surface water bodies and groundwater resources within and downstream of Chula Vista. The Nakano Specific Plan includes protective measures to ensure there are no adverse effect on the adjacent sensitive habitat in the ORVP. Implementation of the Specific Plan also address stormwater management, transitional vegetation for protection of nearby habitat areas, as well as biofiltration basins for groundwater infiltration. These proactive measures will contribute to a healthy and sustainable environment. E 2.4 Ensure compliance with current federal and state water quality regulations, including the implementation of applicable NPDES requirements and the City's Pollution Prevention Policy. The Nakano Project is compliance with applicable federal and state water quality regulations. E 2.5 Encourage and facilitate construction and land development techniques that minimize water quality impacts from urban development. Best Management Practices identified in the CEQA compliance documentation outline the techniques used to minimize water quality impacts from the Nakano Project. Objective – E 3 Minimize the impacts of growth and development on water supply resources through the efficient use and conservation of water by residents, businesses, and City government. The Water System Analysis included with the CEQA compliance documentation provides recommended distribution pipe sizes for the water system in order to efficiently service the Nakano Project. The project would include low-flow fixtures and appliances, recycled water for all common landscaped areas, and drought-tolerant native vegetation to conserve water resources. Page 435 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-26 E 3.2 Promote the use of low water demand landscaping and drought tolerant plant materials in both existing and new development. The Nakano Project will utilize drought-tolerant native vegetation, planted in an informal pattern for all landscapes within the project. E 3.3 Where safe and feasible, promote and facilitate the continued use of recycled water in new developments, and explore opportunities for the use of recycled water in redevelopment projects. All permanent irrigation systems within the Nakano Project shall be below ground, automatically controlled, and in full compliance with building code requirements. The irrigation system shall utilize reclaimed water to the maximum extent available and permissible. Water conserving systems such as drip irrigation, moisture sensors, low gallonage heads, and matched precipitation rate heads will be used. Objective – E 4 Maintain the opportunity for limited agricultural and related uses to occur as an interim land use within planned development areas and as a potential permanent land use within appropriate locations. Development of the Nakano Project may be completed in phases. However, it is unknown at this time how the phasing would occur considering it would be based on market demand. While the SPA was historically used for agricultural use, at the time acquisition the land was not being used as agricultural or related uses. E 4.1 Allow historical agricultural uses to continue within planned development areas as an interim land use in accordance with the MSCP Subarea Plan. Development of the Nakano Project may be completed in phases. However, it is unknown at this time how the phasing would occur considering it would be based on market demand. While the SPA was historically used for agricultural use, at the time acquisition the land was not being used as agricultural or related uses. E 4.2 Allow agricultural uses on privately-owned property within the Chula Vista Greenbelt and elsewhere, provided the use is consistent with the provisions of the Chula Vista MSCP Subarea Plan, as well as the zoning of the property. The Nakano Project is a residential development. Therefore, this policy is not applicable. E 4.3 Encourage the development of community gardens and similar related uses within appropriate, compatible locations throughout the City. There are no community gardens proposed as part of the Nakano Project. Therefore, this policy is not applicable. Objective – E 6 Improve local air quality by minimizing the production and emission of air pollutants and toxic air contaminants and limit the exposure of people to such pollutants. Using the surrounding mobility network, the Nakano project encourages alternative modes of transportation and the proximity to open space trail network which will reduce the production and emission of air pollutants and toxic air contaminants. The Nakano EIR includes the applicable air pollutant reduction measures and Health Risk Assessment for further explanation of how the Nakano project will limit the exposure of people to the pollutants. E 6.1 Encourage compact development featuring a mix of uses that locate residential areas within reasonable walking distance to jobs, services, and transit. The Nakano project will have a mobility network that provides access for people to walk, bike, drive and take transit. The surrounding network of streets, bike paths, sidewalks, and trails provide connections between the residential neighborhoods of the Nakano Project Page 436 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-27 and the commercial, retail, and public uses such as schools, parks, and transit facilities within the vicinity. E 6.2 Promote and facilitate transit system improvements in order to increase transit use and reduce dependency on the automobile. While the Nakano Project will not be making any individual transit system improvements, it will have a mobility network that provides access for people to walk, bike, drive and take transit. The surrounding network of streets, bike paths, sidewalks, and trails provide connections between the residential neighborhoods of the Nakano Project and the commercial, retail, and public uses such as schools, parks, and transit facilities within the vicinity. E 6.6 Explore incentives to promote voluntary air pollutant reductions, including incentives for developers who go above and beyond applicable requirements and for facilities and operations that are not otherwise regulated. The Nakano Project would comply with all applicable air pollutant reduction measures included in the CEQA documentation. E 6.7 Encourage innovative energy conservation practices and air quality improvements in new development and redevelopment projects consistent with AQIP guidelines or its equivalent, pursuant to the Growth Management Ordinance. The Nakano Project would comply with all applicable energy conservation measures included in the CEQA documentation. E 6.10 The siting of new sensitive receptors within 500 feet of highways resulting from development or redevelopment projects shall require the preparation of a health risk assessment as part of the CEQA review of the project. Attendant health risks identified in the Health Risk Assessment (HRA) shall be feasibly mitigated to the maximum extent practicable, in accordance with CEQA, in order to help ensure that applicable federal and state standards are not exceeded. The SPA is located within 500 feet of Interstate 805, therefore is subject to this requirement. An HRA is included in the CEQA documentation. Objective – E 7 Promote energy conservation through the efficient use of energy and through the development of local, non-fossil fuel- based renewable sources of energy. The Nakano Project complies with all applicable energy conservation measures included in the CEQA documentation. E 7.1 Promote development of regulations and building design standards that maximize energy efficiency through appropriate site and building design and through the use of energy-efficient materials, equipment, and appliances. The Nakano Project complies with all applicable energy efficiency measures included in the CEQA compliance documentation. Page 437 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-28 Objective E 8 Minimize the amount of solid waste generated within the General Plan area that requires landfill disposal. The Nakano Project complies with all applicable waste reduction measures included in the CEQA compliance documentation. E 8.1 Promote efforts to reduce waste, minimize the need for additional landfills, and provide economically and environmentally sound resource recovery, management, and disposal facilities. The Nakano Project complies with all applicable waste reduction measures included in the CEQA compliance documentation. E 8.3 Implement source reduction strategies, including curbside recycling, use of small collection facilities for recycling, and composting The Nakano Project complies with all applicable source reduction measures included in the CEQA compliance documentation. Objective – E 10 Protect important paleontological resources and support and encourage public education and awareness of such resources. The paleontological survey included in the CEQA compliance documentation did not identify any existing paleontological resources within the SPA. E 10.1 Continue to assess and mitigate the potential impacts of private development and public facilities and infrastructure to paleontological resources in accordance with the CEQA. The paleontological survey included in the CEQA compliance documentation did not identify any existing paleontological resources within the SPA. Monitoring and reporting for applicable earthmoving activities reduce potential impacts below a level of significance. E 10.2 Support and encourage public education and awareness of local paleontological resources, including the establishment of museums and educational opportunities accessible to the public. The paleontological survey included in the CEQA compliance documentation did not identify any existing paleontological resources within the SPA. Monitoring and reporting for applicable earthmoving activities reduce potential impacts below a level of significance. Objective E-11 Improve Chula Vista’s open space and trails network, including the provision of additional internal connections between the various elements of the network. The Nakano Project provides a series of private drives, bicycle facilities, sidewalks and trails that tie into the existing regional transportation network including a new trail access point to the OVRP; and incorporation of an overlook area over the OVRP. E 11.1 Provide an integrated network of open space areas, as needed, throughout the City to serve residents, as well as to serve as a regional asset and attractor of visitors (e.g., on the bayfront and within the Otay River Valley). The Nakano Project does not provide regional open space areas. However, it does include recreational amenities such as pocket parks and trail access, including a new trail access point to the OVRP; and incorporation of an overlook area over the OVRP providing connections to the greater open space network. E 11.2 Plan for the long-term preservation and enhancement of open space within the Chula Vista greenbelt. The Nakano Project include recreational amenities such as pocket parks and trail access, including a new trail access point to the OVRP; and incorporation of an overlook area over the OVRP providing connections to the greater open space network. E 11.5 Encourage the creation of connected trails between community activity areas and enhance with kiosks and rest stations. The Nakano Project include recreational amenities such as pocket parks and trail access, including a new trail access point to the OVRP; and incorporation of an overlook area over the OVRP providing connections to the greater open space network linking the project to Page 438 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-29 nearby activity centers. Linkages between activity centers are supported by resting amenities such as benches. E 11.7 Expand upon and encourage urban community-based green infrastructure that is distinct from habitat conservation (e.g., community, neighborhood, and pocket parks, disturbed canyons, community and roof gardens, and vegetated drainages) and ensure that such facilities are integrated into new development and redevelopment in western Chula Vista. The Nakano Project includes community-based green infrastructure such as pocket parks, landscaped paseos, overlook areas and OVRP trail connections. Objective – E 12 Provide connections between Chula Vista’s open space and trails network and the regional network. The Nakano Project includes a trail connection to the OVRP trail system. E 12.1 Collaborate with San Diego County, the City of San Diego, and other applicable agencies to provide connections between Chula Vista’s open space and trails network and the regional network, in accordance with the Chula Vista MSCP Subarea Plan and Otay Valley Regional Park Concept Plan. The Nakano Project includes a trail connection to the OVRP trail system. Objective – E 14 Minimize the risk of injury, loss of life, and property damage associated with geologic hazards. The geotechnical investigation included with the CEQA compliance documentation concludes that no soil or geologic conditions were observed that would preclude the development of the property as presently proposed provided that the recommendations of this report are followed. E 14.1 To the maximum extent practicable, protect against injury, loss of life, and major property damage through engineering analyses of potential seismic hazards, appropriate engineering design, and the stringent enforcement of all applicable regulations and standards. The geotechnical investigation included with the CEQA compliance documentation concludes that with the exception of possible strong seismic shaking, no significant geologic hazards were observed or are known to exist on the site that would adversely affect the site. No special seismic design considerations, other than those recommended herein, are required. E 14.2 Prohibit the subdivision, grading, or development of lands subject to potential geologic hazards in the absence of adequate evidence demonstrating that such development would not be adversely affected by such hazards and would not adversely affect surrounding properties. The geotechnical investigation included with the CEQA compliance documentation concludes that with the exception of possible strong seismic shaking, no significant geologic hazards were observed or are known to exist on the site that would adversely affect the site. No special seismic design considerations, other than those recommended herein, are required. Page 439 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-30 E 14.3 Require site-specific geotechnical investigations for proposals within areas subject to potential geologic hazards; and ensure implementation of all measures deemed necessary by the City Engineer and/or Building Official to avoid or adequately mitigate such hazards. The geotechnical investigation included with the CEQA compliance documentation concludes that with the exception of possible strong seismic shaking, no significant geologic hazards were observed or are known to exist on the site that would adversely affect the site. No special seismic design considerations, other than those recommended herein, are required. Objective – E 15 Minimize the risk of injury and property damage associated with flood hazards. The drainage report included with the CEQA compliance documentation concludes that the entire property was removed from the 100-year floodplain limits. The storm drain system will be sufficient to satisfy City of Chula Vista criteria in the post-development condition. E 15.1 Prohibit proposals to subdivide, grade, or develop lands that are subject to potential flood hazards, unless adequate evidence is provided that demonstrates that such proposals would not be adversely affected by potential flood hazards and that such proposals would not adversely affect surrounding properties. Require site-specific hydrological investigations for proposals within areas subject to potential flood hazards; and implement all measures deemed necessary by the City Engineer to avoid or adequately mitigate potential flood hazards. The drainage report included with the CEQA compliance documentation concludes that the entire property was removed from the 100-year floodplain limits. The storm drain system will be sufficient to satisfy City of Chula Vista criteria in the post-development condition. Objective – E 21 Protect people from excessive noise through careful land use planning and the incorporation of appropriate mitigation techniques. The Noise Report included with the CEQA compliance documentation provides analysis for the Nakano Project, which concludes that noise related to construction and vehicular traffic would not produce noise at a level that would significantly affect nearby residents. E 21.1 Apply the exterior land use-noise compatibility guidelines listed in Table 9-2 of this Environmental Element to new development, where applicable, and in light of project-specific considerations. The Noise Report included with the CEQA compliance documentation provides analysis for the Nakano Project, which concludes that all noise impacts are considered less than significant. E 21.2 Where applicable, the assessment and mitigation of interior noise levels shall adhere to the applicable requirements of the California Building Code with local amendments and other applicable established City standards. The Noise Report included with the CEQA compliance documentation provides analysis for the Nakano Project, which concludes that all noise impacts are considered less than significant, and no mitigation is required. The Nakano Project complies with the state and City noise standards, including the California Building Code. E 21.3 Promote the use of available technologies in building construction to improve noise attenuation capacities. The Noise Report included with the CEQA compliance documentation provides analysis for the Nakano Project, which concludes that all noise impacts are considered less than Page 440 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-31 significant, and no mitigation is required. The Nakano Project complies with the state and City noise standards. E 21.4 Continue to implement and enforce the City’s noise control ordinance. The Noise Report included with the CEQA compliance documentation provides analysis for the Nakano Project, which concludes that all noise impacts are considered less than significant, and no mitigation is required. The Nakano Project complies with the state and City noise standards. Objective – E 22 Protect the community from the effects of transportation noise. The Noise Report included with the CEQA compliance documentation provides analysis for the Nakano Project, which concludes that noise related to vehicular traffic would not produce noise at a level that would significantly affect nearby residents. E 22.1 Work to stabilize traffic volumes in residential neighborhoods by limiting throughways and by facilitating the use of alternative routes around, rather than through, neighborhoods. The Nakano Project site plan provides multiple roadways that offer alternative routes throughout the community. E 22.3 Employ traffic calming measures, where appropriate, such as narrow roadways and on-street parking, in commercial and mixed use districts. The Nakano Project is a residential project; therefore, this policy does not apply. E 22.4 Encourage walking; biking; carpooling; use of public transit; and other alternative modes of transportation to minimize vehicular use and associated traffic noise. The Nakano Project includes various pedestrian and bicycle facilities to encourage alternative modes of transportation. E 22.5 Require projects to construct appropriate mitigation measures in order to attenuate existing and projected traffic noise levels, in accordance with applicable standards, including the exterior land use/noise compatibility guidelines listed in Table 9-2 of this Environmental Element. The Noise Report included with the CEQA compliance documentation provides analysis for the Nakano Project, which concludes that noise related to vehicular traffic would not produce noise at a level that would significantly affect nearby residents. GENERAL PLAN ELEMENT – GROWTH MANAGEMENT Objective – GM 1 Concurrent public facilities and services. The applicant for the Nakano Project will provide appropriate DIFs for its fair share of public facilities and services. GM 1.1 Maintain a set of quantitative levels of service measures (Growth Management Threshold Standards) as a tool to assess the relative impact of new facility and service demands created by growth and apply those standards as appropriate to approval of discretionary projects. The Nakano Project does not impair the City’s ability to achieve this policy, therefore it is not applicable. Page 441 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-32 GM 1.9 Require that all major development projects prepare a PFFP that articulates infrastructure and public facilities requirements and costs and funding mechanisms. PFFP requirements are met through the CEQA documentation. GM 1.11 Establish the authority to withhold discretionary approvals and subsequent building permits from projects demonstrated to be out of compliance with applicable threshold standards. The Nakano Project does not impair the City’s ability to achieve this policy, therefore it is not applicable. Objective – GM 2 Provide adequate and sustainable fiscal base. The Nakano Project does not impair the City’s ability to achieve this policy, therefore it is not applicable. GM 2.1 Achieve and maintain a balance of land uses within the City that assures residential development is complemented by expanded local employment opportunities, retail and commercial services, and recreation and entertainment venues; and that the City-wide mix of land uses provides fiscal balance between those that produce revenues and those that require public expenditures. The Nakano Project provides much needed residential units in proximity to commercial, recreation, and institutional services. The Nakano Project does not impair the City’s ability to achieve this policy. GM 2.2 Require a fiscal impact analysis to be conducted for major development projects that documents the project’s effects upon the City operating budget over time. A Fiscal Impact Analysis (FIA) is included in the CEQA compliance documentation for the Nakano Project. Objective – GM 3 Create and preserve vital neighborhoods. The Nakano Project provides much needed residential units in proximity to commercial, recreation, and institutional services. GM 3.3 Assure that all new and infill development within existing urban areas pays its proportional share of the cost for urban infrastructure and public facilities required to maintain the Threshold Standards, as adopted for its area of impact. The applicant for the Nakano Project will provide appropriate DIFs for its fair share of public facilities and services. GM 3.8 Encourage the creation of vibrant and varied neighborhoods and a diversity of housing types, including, housing affordable to a range of income groups, consistent with housing element objectives. The Nakano Project includes the single-family units, townhomes, and duplex twin homes which all are provided at varying price points to accommodate a range of income groups that is consistent with housing element objectives. GENERAL PLAN ELEMENT – HOUSING ELEMENT Objective – H 2 Promote efficient use of water and energy through adopted standards and incentive-based policies to conserve limited resources and reduce long-term operational costs of housing. The Nakano Project completed a Water System Analysis consistent with the City of San Diego Water Department Design Guidelines and Standards, The Nakano Project complies with the California Building Energy Efficiency Standards as well as the California Energy Code which promote the reduction of wasteful, uneconomic, inefficient, or unnecessary Page 442 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-33 consumption of energy. In addition, the Nakano Project complies with Chula Vista’s Increased Energy Efficiency Standards and Climate Action Plan (CAP). The Nakano Project includes low-flow fixtures and appliances, consistent with the CAP. All permanent irrigation systems within the Nakano Project shall be below ground, automatically controlled, and in full compliance with building code requirements. The irrigation system shall utilize reclaimed water to the maximum extent available and permissible. Water conserving systems such as drip irrigation, moisture sensors, low gallonage heads, and matched precipitation rate heads will be used. H 2.1 Encourage the efficient use and conservation of water by residents. Residents of the Nakano Project may choose to install appliances that go above and beyond the low-flow fixtures and appliances installed at the time of construction. In addition, residents may choose to reduce the use of the irrigation systems installed within the Nakano Project including drip irrigation, moisture sensors, low gallonage heads, and matched precipitation rate heads. H 2.2 Promote the efficient use of energy. The Nakano project would be in compliance with the current building standards, install solar photovoltaic systems, and install shade trees on site to save energy and reduce heat island issues. Residents may choose to install appliances, fixtures, and landscaping that go above and beyond these measures. Objective – H 4 Minimize impacts on housing choice within each of the four geographic planning areas, especially to very low-and low- income residents, that result from conversion or demolition of rental housing units. The Nakano Project consists of the development of up to 221 residential dwelling units, offering a range of three different housing product types that may serve as workforce housing, with a total of 22 affordable housing units. Per the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. H 4.1 Promote an equitable distribution of housing types (e.g., multi- family rental and owner occupied housing) based upon identified needs within the Northwest, Southwest, and East Planning Areas to provide a range of housing opportunities for all income levels. The Nakano Project consists of the development of up to 221 residential dwelling units which include both for sale and for rent opportunities within the East Planning Area. Housing types consists of detached condominiums, duplexes, and multi-family dwelling units. A total of 22 affordable housing units will be provided on-site. Objective – H 5 Encourage the provision of a wide range of housing choices by location, type of unit, and price level, in particular the The Nakano Project consists of the development of up to 221 residential dwelling units which include both for sale and for rent opportunities. Housing types consists of detached Page 443 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-34 establishment of permanent affordable housing for low-and moderate-income households. condominiums, duplexes, and multi-family dwelling units. A total of 22 affordable housing units will be provided on-site. Per the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. H 5.1 Balanced Communities-Affordable Housing: Require newly constructed residential developments to provide a portion of their development affordable to low-and moderate-income households. Housing types for the Nakano project consists of detached condominiums, duplexes, and multi-family dwelling units. A total of 22 affordable housing units will be provided on-site. Per the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. H 5.2 Encourage the development of sufficient and suitable new rental housing opportunities within each of the City’s four geographic Planning Areas, particularly for very low-and low- income households. The Nakano Project consists of the development of up to 221 residential dwelling units within the East Planning Area, which include both for sale and for rent opportunities. Per the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. Objective – H 6 Promote the development of a variety of housing choices, coupled with appropriate services, to meet the needs of special population groups, including the homeless, those “at- risk” of becoming homeless, persons with physical and/or development disabilities, emancipated foster youth, students, athletes at the Olympic Training Center, single-parent households, farmworkers and seniors. The Nakano Project consists of the development of up to 221 residential dwelling units. The Nakano Project offers a variety of housing options from detached condominiums to multi-family dwelling units and 22 affordable housing units. Per the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. H 6.2 Encourage the development of alternative housing types in locations with easy access to goods, services, transportation, recreation and other appropriate services to accommodate the special needs of seniors, persons with disabilities, emancipated foster youth, students, athletes, and single person households. The Nakano Project is a residential project located along I-805 and will have a mobility network that provides access for people to walk, bike, drive and take transit. The surrounding network of streets, bike paths, sidewalks, and trails provide connections between the residential neighborhoods of the Nakano Project and the commercial, retail, and public uses such as schools, parks, and transit facilities within the vicinity. Objective – H 7 Facilitate the creation, maintenance, preservation and conservation of affordable housing for lower and moderate- income households through comprehensive planning The Nakano Project is a residential development project that would provide much needed residential housing opportunities to support homebuyers in search of moderately priced homes. As a part of the Nakano Project, 22 affordable homes will be built on-site. Page 444 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-35 documents and processes, and the provision of financial assistance and other incentives. H 7.1 Ensure Chula Vista’s plans and policies addressing housing, such as the Zoning Ordinance, Sectional Planning Area Plans, and Specific Plans, encourage a variety of housing product that responds to variations in income level, the changing livework patterns of residents and the needs of the City’s diverse population. The Nakano Project assists the City achieve residential development in proximity to non- residential uses such as healthcare and commercial uses. The Nakano Project enhances the character of the City by contributing additional recreational amenities and housing units to help meet the present and future needs of the City. Objective – H 8 Ensure the availability of housing opportunities to persons regardless of race, color, ancestry, national origin, religion, sex, disability, marital status, and familial status, source of income or sexual orientation. The Nakano Project does not discriminate. The Nakano Project allows anyone regardless of race, color, ancestry, national origin, religion, sex, disability, marital status, and familial status, source of income or sexual orientation to live within the community. H 8.1 Ensure equal housing opportunities to prevent housing discrimination in the local housing market. The Nakano Project does not discriminate. The Nakano Project allows anyone regardless of race, color, ancestry, national origin, religion, sex, disability, marital status, and familial status, source of income or sexual orientation to live within the community. GENERAL PLAN ELEMENT – PUBLIC FACILITIES AND SERVICES Objective – PFS 1 Ensure adequate and reliable water, sewer, and drainage service and facilities. The Nakano Project conducted the Nakano Water System Analysis dated June 10, 2021, ensuring the Nakano Project would receive adequate water supply. The Nakano Project will receive water from the City of San Diego Water Department. PFS 1.4 For new development, require on-site detention of storm water flows such that, where practical, existing downstream structures will not be overloaded. Slow runoff and maximize on-site infiltration of runoff. Development of the Nakano Project drainage system includes private storm drains to collect rooftop and surface drainage, and two biofiltration basins and a detention vault upstream of a modular wetland unit. The Nakano Project also addresses stormwater management through the use of transitional vegetation for protection of nearby habitat areas. Objective – PFS 2 Increase efficiencies in water use, wastewater generation and its re-use, and handling of storm water runoff throughout the City through use of alternative technologies. The Nakano Project includes alternative technologies and features such as biofiltration basins, detention vaults, and transitional vegetation for the purpose of handling stormwater runoff. PFS 2.2 As part of project construction and design, assure that drainage facilities in new development incorporate storm Development of the Nakano Project drainage system includes private storm drains to collect rooftop and surface drainage, and two biofiltration basins and a detention vault upstream of a modular wetland unit. The Nakano Project also addresses stormwater Page 445 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-36 water runoff and sediment control, including state-of-the-art technologies, where appropriate. management through the use of transitional vegetation for protection of nearby habitat areas. PFS 2.3 In designing water, wastewater, and drainage facilities, limit the disruption of natural landforms and water bodies. Encourage the use of natural channels that simulate natural drainage ways while protecting property. The Nakano Project stormwater and drainage features include private storm drains, two biofiltration basins, a detention vault upstream of a modular wetland unit, and the use of transitional vegetation for protection of nearby habitat areas. The Nakano Project includes adequate avoidance buffers from on-site jurisdictional areas outside the impact limit. Objective – PFS 4 Provide long-term wastewater treatment capacity to meet the needs of existing and new development in Chula Vista. A Sewer Study was completed for the Nakano Project on June 10, 2021, which states that the proposed connection to the Otay Valley Trunk Sewer has enough capacity to serve the needs of the Project. Objective – PFS 5 Maintain sufficient levels of fire protection, emergency medical service and police services to protect public safety and property. The Nakano Project shall comply with the required DIFs to fund any expansion or construction as growth is accommodated. The Specific Plan Area is served by the San Diego Police Department and San Diego Fire-Rescue Department Station Number 6. PFS 5.1 Continue to adequately equip and staff the Fire Department to ensure that established service standards for emergency calls are met. The Nakano Project is a residential project. It does not impede the City from achieving this policy, therefore, this policy does not apply. PFS 5.2 Upgrade fire and emergency medical equipment, as required, to protect the public from hazards and to ensure the safety of firefighters. The Nakano Project is a residential project. On-site infrastructure will be update as needed to ensure adequate emergency services. PFS 5.3 Support the provision of new fire stations, as deemed necessary through the existing or updated FSMP. The Nakano Project is a residential project. It does not impede the City from achieving this policy, therefore, it is not applicable. PFS 5.4 Provide adequate law enforcement staff and equipment pursuant to Police Department strategic plans to meet established service standards. The Nakano Project is a residential project. It does not impede the City from achieving this policy, therefore, this policy does not apply. PFS 5.5 Explore the need to establish local, community-based satellite or storefront police offices to enhance community well-being. The Nakano Project is a residential project. It does not impede the City from achieving this policy, therefore, this policy does not apply. PFS 5.6 Encourage crime watch programs in all neighborhoods. Residents of the Nakano Project may choose to establish and maintain a crime watch program. PFS 5.7 Prior to approval of any discretionary projects, ensure that construction is phased with provision of police and fire The Nakano Project proposes up to 221 dwelling units that may be completed in phases. However, it is unknown at this time how the phasing would occur considering it would be based on market demand. Implementation of the Specific Plan will occur through Page 446 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-37 protection services such that services are provided prior to or concurrent with need. concurrent development permits and approvals by the City. The Nakano Project may be conditioned to receive provision of police and fire protection services at the time of issuance of building permits such that services are provided prior to or concurrent with need. Objective – PFS 6 Provide adequate fire and police protection services to newly developing and redeveloping areas of the City. The Nakano Project shall comply with the required DIFs to fund any expansion or construction as growth is accommodated. The Specific Plan Area is served by the San Diego Police Department and San Diego Fire-Rescue Department Station Number 6. PFS 6.1 Continue to require new development and redevelopment projects to demonstrate adequate access for fire and police vehicles. Implementation of the Nakano Project will occur through concurrent development permits and approvals by the City. Future development permits shall include a fire access plan and shall comply with the California Fire Code/California Building Code. PFS 6.2 Require new development and redevelopment projects to demonstrate adequate water pressure to new buildings. The Nakano Water System Analysis was prepared to determine the necessary public water system improvements as well as the sizing and configuration of the private and public water facilities. The Nakano Project complies with all applicable California Building Code requirement related to water pressure in new buildings. PFS 6.3 Encourage CPTED techniques in new development and redevelopment projects. The Nakano Project includes specified Design Guidelines to encourage a variety of streetscape elements that reinforce CPTED techniques and social interaction. The Design Guidelines include techniques such as defined boundaries between public and private property with fencing, building setbacks, sidewalk location, and open landscaping. Objective – PFS 9 Develop schools that cultivate and educate people of all ages, that meet the needs of the workforce, and that serve as community centers. The Specific Plan does not allow for institutional land uses such as schools within the SPA therefore, it is not applicable. PFS 9.1 Coordinate with local school districts during review of applicable discretionary approval to provide adequate school facilities, to meet needs generated by development, and to avoid overcrowding, in accordance with the guidelines and limitations of Government Code 65996(b). The Specific Plan does not allow for institutional land uses such as schools within the SPA. The Nakano Project is subject to DIFs which contribute to the acquisition and construction of new schools within the City. PFS 9.3 Assist school districts in identifying and acquiring school sites for new construction in needed timeframes. The Specific Plan does not allow for institutional land uses such as schools within the SPA therefore, it is not applicable. Objective – PFS 10 Efficiently locate and design school facilities. The Specific Plan does not allow for institutional land uses such as schools within the SPA therefore, it is not applicable. Page 447 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-38 PFS 10.3 Require that proposed land uses adjacent to a school site be planned in such a manner as to minimize noise impacts and maximize compatibility between the uses. The SPA is not located adjacent to a school site therefore, it is not applicable. PFS 10.6 Consider siting elementary schools adjacent to neighborhood parks, where feasible, to allow for expanded use of the school grounds and classrooms by the general public and the park area by the school children. The SPA is not located adjacent to a school site therefore, it is not applicable. Objective – PFS 15 Provide new park and recreation facilities for residents of new development, City-wide. The Nakano Project includes the construction of three pocket parks throughout the SPA and trail access to the OVRP. PFS 15.1 Continue to pursue a City-wide standard for the provision of developed parkland for new development projects of three acres per estimated one thousand new residents. The Nakano Project includes an approximate 0.08-acre pocket park, an approximately 0.31-acre pocket park that overlooks the OVRP and provides trail access to the OVRP, and an approximately 0.04-acre monument entry pocket park at the entrance of the residential community of parkland for the proposed up to 221 dwelling units onsite. For any deficit of acreage, the applicant is obligated to pay DIFs which contribute to the acquisition and construction of new parkland. PFS 15.7 Work with proponents of new development projects and redevelopment projects at the earliest stages to ensure that parks; recreation; trails; and open space facilities are designed to meet City standards and are built in a timely manner to meet the needs of residents they will serve. The Nakano Project includes a mix of recreational amenities including: pocket parks, paseos, and accesses to a trailhead leading to the OVRP. Objective – PFS 16 Develop active and passive recreational uses within portions of the Otay Valley Regional Park located within the City of Chula Vista, in accordance with the MSCP. The Specific Plan includes a trail head leading to the OVRP providing residents and visitors a link between the Nakano Project and the OVRP. Objective – PFS 18 Allow the appropriate joint-use of school and park facilities. The Nakano Project is not located adjacent to any school facilities therefore, it is not applicable. PFS 18.3 Consider siting elementary schools adjacent to neighborhood parks, where feasible, to allow for expanded use of the school grounds and classrooms by the general public and the park area by the school children. The Specific Plan does not allow for school grounds. However, the Nakano Project does include several pocket parks and access to the adjacent OVRP. Page 448 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Chula Vista 2005 General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-39 Objective – PFS 19 Provide art and culture programs, childcare facilities and health and human services that enhance the quality of life in Chula Vista. The Specific Plan does not allow for commercial uses such as art and cultural programs, childcare facilities and health and human services. PFS 19.1 Promote land use designations that accommodate location of childcare facilities and other health and human services near homes, schools, work places, activity centers, and major transit facilities and routes. The Specific Plan does not allow for commercial uses such as art and cultural programs, childcare facilities and health and human services. PFS 19.3 Encourage the development of childcare space within residential and commercial development projects, including new construction, replacement and reuse, to meet the needs of residents and employees. The Specific Plan conditionally allows for childcare space within the SPA. PFS 19.9 Promote the accessibility of art and cultural programs. The Specific Plan does not allow for commercial uses such as art and cultural programs therefore, it is not applicable. PFS 19.10 Continue to require community purpose facility acreage, in accordance with the Municipal Code, for the provision of childcare and other social service facilities. The Specific Plan does not expressly allow for childcare or other social service facilities given the scale of the project. However, the Nakano project includes private park areas and trails that provide for active child play areas. Objective – PFS 20 Develop a cultural arts center in Chula Vista. The Specific Plan does not allow for commercial or public facility uses such as art and cultural programs therefore, it is not applicable. PFS 20.3 Encourage the installation of art pieces in publicly owned spaces and require developers to pay fees or provide art pieces that serve to enhance an individual project and contribute to the appearance and vitality of the development. The Nakano Project does not include any publicly owned spaces therefore, it is not applicable. Objective – PFS 25 Promote state-of-the-art telecommunication services throughout Chula Vista. The Nakano Project does not specifically include telecommunications services; however, the Nakano Project will be served by telecommunication providers such as AT&T, Cox, and other independent telecommunications companies. PFS 24.3 Encourage developers of new office and industrial buildings to incorporate state-of-the-art telecommunications technologies. The Specific Plan does not allow for office or industrial uses therefore, it is not applicable. Page 449 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-40 B-2 City of San Diego General Plan Consistency Analysis Report The City of San Diego General Plan is its constitution for development, comprised of 10 elements that provide citywide policies and further the City of Villages smart growth strategy for growth and development. Within this framework, the Nakano project has been designed to align with the General Plan's vision. The Specific Plan Land Use designation is Residential - Low Medium, which establishes development regulations consistent with the surrounding areas within the City of San Diego. The following table discusses in further detail how the land use and design criteria of the Nakano project will meet the City's General Plan objectives and policies. Goal/Policy Goal/Recommendation Analysis Project Consistency LAND USE AND COMMUNITY PLANNING ELEMENT A. City of Villages Strategy Mixed-use villages located throughout the City and connected by high-quality transit. The Nakano Project does not include mixed use areas but includes multi-family residential uses in proximity to medical, commercial, open space, and other residential uses. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway. Two are on Palm Avenue and two are on Dennery Road. The project would be consistent with this goal. Policy LU-A.4 Locate village sites where they can be served by existing or planned public, facilities and services, including transit services. The Nakano Project does not include mixed use areas but includes multi-family residential uses in proximity to medical, commercial, open space, and other residential uses. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway. Two are on Palm Avenue and two are on Dennery Road. The project would be consistent with this goal. Page 450 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-41 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy LU-A.5 Conduct environmental review and focused study during the community plan update process, or potential village locations, with input from recognized community planning groups and the general public, to determine if these locations are appropriate for mixed-use development and village design. The Nakano Project has prepared an Environmental Impact Report (EIR), in compliance with the California Environmental Quality Act (CEQA). The EIR provides focused technical studies. While the EIR for the Nakano Project did not occur during an update to the Otay Mesa Community Plan, the Nakano Project did receive input from the Otay Mesa Community Planning Group and the general public and concurrence on the multifamily residential design. The project would be consistent with this policy. Policy LU-A.6 Recognize that various villages may serve specific functions in the community and City; some villages may have an employment orientation, while others may be major shopping destinations, or primarily residential in nature. The Nakano Project is primarily residential in nature and does not include mixed use areas. The Nakano Specific Plan (NSP) Area is not located within a designated Village Core, Town Center, or Transit Priority Area. The Nakano Project includes residential uses to provide a range of housing options. The project would be consistent with this policy. Policy LU-A.7 Determine the appropriate mix and densities/intensities of village land uses at the community plan level, or at the project level when adequate direction is not provided in the community plan. Consider the role of the village in the City and region; surrounding neighborhood uses; uses that are lacking in the community; community character and preferences; and balanced community goals (see also LU Section H). The NSP designates the land use as Specific Plan - Residential Medium which aligns with the Chula Vista General Plan land use designation of Medium Residential that allows for 6.1 to 11 dwelling units per acre. This land use designation allows for additional residential units in proximity to medical, commercial, open space, and four MTS bus stops. The Nakano Project provides the community with recreational The project would be consistent with this policy. Page 451 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-42 Goal/Policy Goal/Recommendation Analysis Project Consistency Achieve transit-supportive density and design, where such density can be adequately served by public facilities and services (see also Mobility Element, Policy ME-B.9). Due to the distinctive nature of each of the community planning areas, population density and building intensity will differ by each community. Evaluate the quality of existing and planned transit service amenities and housing units to help meet the present and future housing needs. Policy LU-A.9 Integrate public gathering spaces and civic uses into village design (see also Urban Design Element, Policies UD-C.5 and UD- E.1). The Nakano Project includes community- based recreational spaces such as pocket parks, landscaped paseos, overlook areas and OVRP trail connections. The project would be consistent with this policy. B. Category Goals Land use categories and designations that remain consistent with the General Plan land use categories as community plans are updated and/or amended. For informational and contextual purposed the NSP includes an equivalent City of San Diego land use designation on “Residential-Low Medium” which aligns with the General Plan land use element. However, until annexation of the area into the City of San Diego and adoption of the NSP by the City of San Diego, the City of Chula Vista designation of “Specific Plan- Residential Medium” shall take precedent. At which time the annexation and adoption of the NSP into the City of San Diego occurs, the NSP land use will be consistent with the General Plan land use and the Otay Mesa Community Plan land use designations. The project would be consistent with this goal. Page 452 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-43 Goal/Policy Goal/Recommendation Analysis Project Consistency C. Community Planning Goal Community plans that maintain or increase planned density of residential land uses in appropriate locations. Community plans that are kept consistent with the future vision of the General Plan through comprehensive updates or amendments. The Specific Plan designates the Plan Area as Specific Plan – Residential Medium, which is in alignment with the Chula Vista General Plan land use designation, Residential Medium which allows for 6.1 to 11 dwelling units per acre. This is an increase in density from the previous A-8 zoning. The Specific Plan Area (SPA) is surrounded by residential development to the east, medical offices to the south, Interstate 805 to the west and open space to the north. The residential development to the east is similar in density and scale. As such, the Nakano Project is appropriately located. The Nakano Project would include a Chula Vista General Plan Amendment and rezone to change the zoning and land use designation to Specific Plan - Residential Medium. For informational and contextual purposes, the equivalent City of San Diego land use and zoning designations are provided in Table A-1, City of San Diego Land Use and Zoning Designations, of the Nakano Specific Plan. To maintain consistency with the City of San Diego Otay Mesa Community Plan, the Nakano Project amends the Otay Mesa Community Plan to amend the boundary and apply a land use and zoning. However, implementation of the Nakano Specific Plan would result in development The project would be consistent with this goal. Page 453 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-44 Goal/Policy Goal/Recommendation Analysis Project Consistency that is consistent with the Specific Plan - Residential Medium land use and zoning. The Nakano Project provides housing in proximity to medical, commercial, open space, other residential uses, and four MTS bus stops. The Nakano Project prioritizes pedestrian facilities and is designed to draw upon the character and strengths of the surrounding residential and open space. The Specific Plan establishes site specific design guidelines and standards that align with the guidelines and standards included in the General Plan and Otay Mesa Community Plan. Therefore, the Nakano Project is consistent with the General Plan's vision and City of Villages strategy. Page 454 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-45 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy LU-C.1 Establish each community plan as an essential and integral component of the City’s General Plan with clear implementation recommendations and links to General Plan goals and policies. Develop community plan policies that implement citywide goals and address community or neighborhood-specific issues; such policies may be more detailed or restrictive than the General Plan as needed. Rely on community plans for site-specific land use and density designations and recommendations. Maintain consistency between community plans and the General Plan, as together they represent the City’s comprehensive plan. In the event of an inconsistency between the General Plan and a community plan, action must be taken to either: 1) amend the community plan, or 2) amend the General Plan in a manner that is consistent with the General Plan’s Guiding Principles. Refer to the analysis in Land Use Goal C. The project would be consistent with this policy. Policy LU-C.3 Maintain or increase the City’s supply of land designated for various residential densities as community plans are prepared, updated, or amended. The Nakano Specific Plan land use designation of Specific Plan – Residential Medium allows for 6.1-11 dwelling units per acre, which is consistent with the surrounding residential neighborhoods to the west and southwest. The land use density is an increase from the previous less than 1 dwelling unit per acre, under The project would be consistent with this policy. Page 455 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-46 Goal/Policy Goal/Recommendation Analysis Project Consistency the A-8 zoning. The Nakano Project consists of the development of up to 221 residential dwelling units, offering a range of three different housing product types that may serve as workforce housing, with a total of 22 affordable housing units. Policy LU-C.4 Ensure efficient use of remaining land available for residential development and redevelopment by requiring that new development meet the density minimums of applicable plan designations. The Nakano Project allows for the development of up to 221 residential dwelling units – an increase from the previous less than 1 dwelling unit per acre that serves as a more efficient use of a small remaining area of land. The Project meets the density minimums established by the Specific Plan. The project would be consistent with this policy. D. Plan Amendment Process Goals Approve plan amendments that better implement the General Plan and community plan goals and policies. Allow for changes that will assist in enhancing and implementing the community’s vision. The Nakano Specific Plan land use designation of Specific Plan – Residential Medium allows for 6.1-11 dwelling units per acre, which is an increase from the previous A-8 zoning. This increase in residential density allows for Otay Mesa to implement the Community Plan vision of a diverse and vibrant mix of land uses, primarily supported by business and residential uses. The Nakano Project contributes to the diversity of the residential community, prioritizes pedestrian facilities, and is designed to draw upon the character and strengths of the surrounding residential and open space. The Specific Plan The project would be consistent with this goal. Page 456 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-47 Goal/Policy Goal/Recommendation Analysis Project Consistency establishes site specific design guidelines and standards that align with the guidelines and standards included in the General Plan and Otay Mesa Community Plan. Therefore, the Nakano Project enhances the implementation of the General Plan and Community Plan visions. Policy LU-D.1 Require a General Plan and community plan amendment for proposals that involve: a change in community-plan- adopted land use or density/intensity range; a change in the adopted community plan development phasing schedule; or a change in plan policies, maps, or diagrams. (Note: state law mandates that General Plan and community plan amendments are not to be required for projects utilizing state mandated housing density bonuses.) The Nakano Project includes amendments to the General Plan and Otay Mesa Community Plan. The project would be consistent with this policy. Page 457 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-48 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy LU-D.2 Require an amendment to the public facilities financing plan concurrently with an amendment to the General Plan and community plan when a proposal results in a demand for public facilities that is different from the adopted community plan and public facilities financing plan. The Nakano Project does not include a public facilities financing plan. The Nakano Project was not included/accounted for in the original Otay Mesa Community Plan and therefore no allocation of public facilities was indicated for the project. The Nakano Project will result in an increase in demand on public facilities, but it is not anticipated to be above the level of the Otay Mesa Community Plan or PFFP. If improvements to public services are deemed necessary, the Nakano Project will contribute to it’s fair share. The project would be consistent with this policy. Policy LU-D.3 Evaluate all plan amendment requests through the plan amendment initiation process and present the proposal to the planning commission or city council for consideration. The General Plan and Community Plan Amendment for the Nakano Project was presented to Planning Commission on October 27, 2022. The Planning Commission allowed the initiation of the requested General Plan and Community Plan Amendment based on the compliance with the initiation criteria found in Policy LU-D.10 of the Land Use Element of the General Plan and specifically addressed in Report No. PC- 22-054. The project would be consistent with this policy. Policy LU-D.12 Evaluate specific issues that were identified through the initiation process as well as any additional community-specific amendment evaluation factors. The Nakano Project has undergone environmental review, in compliance with CEQA. The EIR provides focused technical studies and site-specific environmental analysis related to the effects of the The project would be consistent with this policy. Page 458 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-49 Goal/Policy Goal/Recommendation Analysis Project Consistency General Plan and Community Plan amendments. Issues identified through the initiation process included the density proposed at that time for the Nakano Project. The Project density was further evaluated, and the current density best responds to the housing need and context of the scale and character of the surrounding community. Policy LU-D.13 Address the standard plan amendment issues prior to the planning commission decision at a public hearing related to level and diversity of community support; appropriate size and boundary for the amendment site; provision of additional benefit to the community; implementation of major general plan and community plan goals, especially as related to the vision, values, and City of Villages strategy; and provision of public facilities. The Specific Plan and EIR for the Nakano Project have both undergone various forms of public review. The Nakano Project includes development that is appropriate in size and adheres to any boundary constraints. The project responds to site constraints such as steep slopes, in particular the property contains steep slopes along its edges, with the center of the property being relatively flat. The residential development is located in the center of the property, on slopes that are conducive to development. The steep slopes along the edges of the property have generally been left in a natural state. The Nakano Project provides buffers to adjacent open space and residential developments. The Nakano Project responds to the General Plan and Community Plan goals, vision and values. In particular, the Nakano The project would be consistent with this policy. Page 459 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-50 Goal/Policy Goal/Recommendation Analysis Project Consistency Project contributes to the areas public facilities by providing recreational amenities such as pocket parks and trail access, including a new trail access point to the OVRP; and incorporation of an overlook area over the OVRP providing connections to the greater open space network linking the project to nearby activity centers. F. Consistency Goals Zoning concurrent with community plan updates and amendments to ensure consistency with community plan land use designations. Zones or development regulations to better implement updated community plans. The Specific Plan for the Nakano Project proposes a City of Chula Vista base zone designation of R-3. For informational and contextual purposes the equivalent City of San Diego Designation for the NSP is RM- 1-1. Deviations from the development standards for R-3 are included as supplemental development regulations in Chapter 6, Implementation of the Specific Plan. The project would be consistent with this goal. Policy LU-F.1 Apply existing or new Land Development Code zone packages or other regulations as needed to better implement the policy recommendations of the General Plan; land use designations of the community plans; other goals and policies of the community plans; and community- specific policies and recommendations. See analysis for F. Consistency Goals above. The project would be consistent with this policy. Page 460 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-51 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy LU-F.2 Review public and private projects to ensure that they do not adversely affect the general plan and community plans. Evaluate whether proposed projects implement specified land use, density/intensity, design guidelines, and other general plan and community plan policies, including open space preservation, community identity, mobility, and the timing, phasing, and provision of public facilities. The purpose of this consistency matrix is to evaluate whether the Nakano Project is consistent with the General Plan. A consistency matrix has also been prepared to evaluate the Nakano Project's consistency with the Otay Mesa Community Plan. Therefore, consistency has been evaluated for all general plan and community plan policies. The project would be consistent with this policy. G. Airport Land Use Compatibility Goals Protection of the health, safety, and welfare of persons within an airport influence area by minimizing the public’s exposure to high levels of noise and risk of aircraft accidents. Protection of public use airports and military air installations from the encroachment of incompatible land uses within an airport influence area that could unduly constrain airport operations. The Noise Report included with the CEQA compliance documentation provides analysis for the Nakano Project, which concludes that noise exposure within an airport influence area are considered less than significant. The Nakano Project complies with the state and City noise standards. The project would be consistent with this goal. Policy LU-G.2 Submit all amendments and updates to the General Plan, community plans, specific plans, airport plans, development regulations and zoning ordinances affected by an airport influence area to the ALUC to ensure that they are consistent with the Airport Land Use Compatibility Plan or have the City Council take steps to overrule the ALUC. The Nakano Project is in proximity to Brown Field Municipal Airport. An application has been submitted to the Airport Land Use Commission to ensure the Project is consistent with the Brown Field Municipal Airport Airport Land Use Compatibility Plan (ALUCP). The project would be consistent with this policy. Page 461 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-52 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy LU-G.4 Submit development projects affected by an airport influence area to the ALUC after the adoption or amendment to an Airport Land Use Compatibility Plan to ensure that they are consistent up until the time that the ALUC has determined the General Plan, community plans, and specific plans consistent with the Airport Land Use Compatibility Plan or have the City Council take steps to overrule the ALUC. The Nakano Project is in proximity to Brown Field Municipal Airport. An application for determination of consistency has been submitted to the San Diego Regional Airport Authority to ensure the Nakano Project is consistent with the Brown Field Municipal Airport Land Use Compatibility Plan (ALUCP). The project would be consistent with this policy. Policy LU-G.5 Implement the height standards used by the FAA as defined by Code of Federal Regulations Title 14, Part 77 through development regulations and zoning ordinances. Refer to consistency analysis for Policy LU-G.4, above. The Nakano Specific Plan incorporates a maximum building height of 30 feet in the development standards which must be reviewed as part of San Diego’s Regional Airport Authority consistency determination review process. The project would be consistent with this policy. Policy LU-G.9 Coordinate with the Navy and Marine Corps to ensure that future land use and General Plan community plan, specific plan, development regulations and zoning ordinances amendments are consistent with the Air Installation Compatible Use Zone study for military air installations. Refer to consistency analysis for Policy LU-G.4, above. The consistency determination review process would ensure consistency with regional airports including Navy and Marine Corps installations. The project would be consistent with this policy. H. Balanced Communities and Equitable Development Goals Ensure diverse and balanced neighborhoods and communities with housing available for households of all income levels. Community and neighborhood-specific strategies and implementation measures to achieve equitable development. The Nakano Project provides housing options at varying sizes and prices points which may be attainable for citizens at various economic levels, diversifying the workforce and in turn the economic base of the region. Per the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be The project would be consistent with these goals. Page 462 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-53 Goal/Policy Goal/Recommendation Analysis Project Consistency affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. The Nakano Project provides an equitable range of recreational amenities and housing units for all ages and income levels to help meet the present and future housing needs of the community. Page 463 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-54 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy LU-H.1 Promote development of balanced communities that take into account community-wide involvement, participation, and needs. a. Plan village development with the involvement of a broad range of neighborhood, business, and recognized community planning groups and consideration of the needs of individual neighborhoods, available resources, and willing partners. b. Invest strategically in public infrastructure and offer development incentives that are consistent with the neighborhood’s vision. c. Recognize the important role that schools play in neighborhood life and look for opportunities to form closer partnerships among local schools, residents, neighborhood groups, and the City with the goal of improving public education. d. Ensure that neighborhood development and redevelopment addresses the needs of older people, particularly those disadvantaged by age, disability, or poverty e. Provide affordable housing opportunities within the community to help offset the displacement of the existing population. f. Provide a full range of senior housing The Nakano Project is a residential project located along I-805 and will have a mobility network that provides access for people to walk, bike, drive and take transit. The surrounding network of streets, bike paths, sidewalks, and trails provide connections between the residential neighborhoods of the Nakano Project and the commercial, retail, and public uses such as schools, parks, and transit facilities within the vicinity. On-site infrastructure will support the project and the development. No off-site infrastructure improvements will be necessary. Further, the Nakano Project will contribute to civic facilities through payment of Development Impact Fees (DIFs) that go towards community planned improvements, such as schools. The Nakano Project assists the City to attain additional housing units that help meet the City’s present and future housing needs. The Project provides a range of housing types, contributing both single- family and multi-family units, responding to the needs of all citizens regardless of age, disability, or income level. The Nakano Project offers a variety of housing options from detached condominiums to multi-family dwelling units and 22 affordable housing units. Per The project would be consistent with this policy. Page 464 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-55 Goal/Policy Goal/Recommendation Analysis Project Consistency from active adult to convalescent care in an environment conducive to the specific needs of the senior population. the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. The Nakano Project does not include age restricted units. Therefore, this is not applicable. However, there are a range of housing types available for all ages and income levels. Page 465 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-56 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy LU-H.2 Provide affordable housing throughout the City so that no single area experiences a disproportionate concentration. The City of San Diego’s Inclusionary Affordable Housing Ordinance states that all new residential development of 10 or more dwelling units are required to provide a certain percentage (10% of the total dwelling units in the development) of affordable units in the development or pay an Inclusionary In Lieu Fee. The Nakano Project includes 22 affordable housing units, therefore meeting the requirements of the City of San Diego Inclusionary Affordable Housing Ordinance. Additionally, the Nakano Project is consistent with the Chula Vista Housing Element which ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. The project would be consistent with this policy. Policy LU-H.3 Provide a variety of housing types and sizes with varying levels of affordability in residential and village developments. The Nakano Project offers a variety of housing options from detached condominiums to multi-family dwelling units and 22 affordable housing units. Per the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be The project would be consistent with this policy. Page 466 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-57 Goal/Policy Goal/Recommendation Analysis Project Consistency affordable to low income households and five percent (5%) must be affordable to moderate income households. Policy LU-H.6 Provide linkages among employment sites, housing, and villages via an integrated transit system and a well-defined pedestrian and bicycle network. The Nakano Project is located along I-805 and will have a mobility network that provides access for people to walk, bike, drive and take transit. The surrounding network of streets, bike paths, sidewalks, and trails provide connections between the residential neighborhoods of the Nakano Project and the commercial, retail, and public uses such as schools, parks, and transit facilities within the vicinity. The project would be consistent with this policy. Policy LU-H.7 Provide a variety of different types of land uses within a community in order to offer opportunities for a diverse mix of uses and to help create a balance of land uses within a community (see also LU-A.7). The Nakano Project assists the City and the greater San Diego region attain a variety of land uses such as recreational amenities and housing units. Additionally, the Nakano Project contributes to civic facilities through payment of Development Impact Fees (DIFs) that go towards community planned improvements, such as schools, parks and transit facilities. The project would be consistent with this policy. I. Environmental Justice Goals Ensure a just and equitable society by increasing public outreach and participation in the planning process. Equitable distribution of public facilities, infrastructure, and services throughout all communities. Improve mobility options and accessibility in every community The Nakano Project would be consistent with all applicable state and local notification process requirements. The project will be presented in front of the Otay Mesa Community Planning Group (CPG) as well as Planning Commission and City Council for both the City of San Diego and the City of Chula Vista. The public will be able to engage, contribute The project would be consistent with these goals. Page 467 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-58 Goal/Policy Goal/Recommendation Analysis Project Consistency Promote and ensure environmental protection that will emphasize the importance of safe and healthy communities. and comment during all of these meetings. The Nakano Project is a private residential project. The development will tie into existing water, sewer, and drainage facilities. A water and sewer study has been completed for the project which conclude that there is adequate capacity to support this project. These facilities are provided by the City of San Diego. The Nakano Project is organized by new street connections, sidewalks, paseos, trail connections, and bicycle facilities that will serve residents and visitors. These mobility improvements will tie into the existing local and regional mobility network. An HRA was prepared for the site that followed OEHHA 2015 guidelines (OEHHA 2015) and SDAPCD guidance to calculate the health risk impacts at all proximate receptors. The Air Quality report concludes that the project operation would result in a less-than-significant impact to air quality. Page 468 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-59 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy LU-I.1 Ensure environmental justice in the planning process through meaningful public involvement. a. Assure potentially affected community residents that they have opportunities to participate in decisions that affect their environment and health and that the concerns of all participants involved will be considered in the decision-making process. b. Increase public outreach to all segments of the community so that it is informative and detailed in terms of process and options available to the community. c. Consult with California Native American tribes to provide them with an opportunity to participate in local land use decisions at an early planning stage, for the purpose of protecting or mitigating impacts to cultural places. The Nakano Project would be consistent with all applicable state and local notification process requirements. The project will be presented in front of the Otay Mesa Community Planning Group (CPG) as well as Planning Commission and City Council for both the City of San Diego and the City of Chula Vista. The public will be able to engage, contribute and comment during all of these meetings. Consultation with Native American tribes has occurred in accordance with Assembly Bill (AB) 52 requirements. The project would be consistent with this policy. Policy LU-I.14 As part of community plan updates or amendments that involve land use or intensity changes, evaluate public health risks associated with identified sources of hazardous substances and toxic air emissions (see also Conservation Element, Section F). Create adequate distance separation, based on documents such as those recommended by the California Air Resources Board and site specific analysis, between sensitive receptor land use An HRA was prepared for the site that followed OEHHA 2015 guidelines (OEHHA 2015) and SDAPCD guidance to calculate the health risk impacts at all proximate receptors. The Air Quality report discusses that the project would not result in a cumulatively considerable contribution to regional O3 concentrations or other criteria pollutant emissions. The project will include MERV-13 filters in all homes to reduce diesel particulate matter The project would be consistent with this policy. Page 469 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-60 Goal/Policy Goal/Recommendation Analysis Project Consistency designations and potential identified sources of hazardous substances such as freeways, industrial operations or areas such as warehouses, train depots, port facilities, etc. concentrations in homes associated with the site’s proximity to the freeway. Additionally, the landscape plan identifies trees along the project’s western boundary to provide buffering between the freeway and the project site. MOBILITY ELEMENT A) Walkable Community Goals A city where walking is a viable travel choice, particularly for trips of less than one-half mile. A safe and comfortable pedestrian environment. A complete, functional, and interconnected pedestrian network, that is accessible to pedestrians of all abilities. Greater walkability achieved through pedestrian friendly street, site and building design. The Nakano Specific Plan includes design guidelines that include visual and physical access for pedestrians; pedestrian circulation via sidewalks, paseos, trails, and private drives; human scale design elements; street-engaging facades via walkways and visible front entries, and alley-loaded products. These mobility improvements tie into the existing local and regional mobility network. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway. Two are on Palm Avenue and two are on Dennery Road, thus facilitating transit usership. Regional commercial uses are located just south of the site which offer services for routine errands. The project would be consistent with these goals. Page 470 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-61 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy ME-A.1 Design and operate sidewalks, streets, and intersections to emphasize pedestrian safety and comfort through a variety of street design and traffic management solutions, including but not limited to those described in the Pedestrian Improvements Toolbox, Table ME-1. The Nakano Project includes roadways with sidewalks, paseo, and trail connections to promote an inviting pedestrian-friendly street environment. Additionally, the Nakano Project will include a range of design techniques to enhance pedestrian safety and comfort, including but not limited to, shade trees and landscaping that reduce heat island issues, pedestrian scaled lighting and ADA compliant sidewalks. HOA protocols may be put in place to provide additional crime prevention techniques. The project would be consistent with this policy. Policy ME-A.2 Design and implement safe pedestrian routes. Collaborate with appropriate community groups, and other interested private and public sector groups or individuals to design and implement safe pedestrian routes to schools, transit, and other highly frequented destinations. Implement needed improvements and programs such as wider and noncontiguous sidewalks, more visible pedestrian crossings, traffic enforcement, traffic calming, street and pedestrian lighting, pedestrian trails, and educating children on traffic and bicycle safety. Promote “Walking School Bus” efforts where parents or other responsible adults share the responsibility of escorting Refer to the analysis for Mobility Element Goal A and Policy ME-A.1 above for pedestrian improvements and design elements. The Nakano Project will be presented to the Otay Mesa Community Planning Group to collaborate and receive feedback on all proposed pedestrian improvements. Page 471 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-62 Goal/Policy Goal/Recommendation Analysis Project Consistency children to and from school by foot or bicycle. When new schools are planned, work with school districts and affected communities to locate schools so that the number of students who can walk to school safely is maximized. Implement Crime Prevention Through Environmental Design (CPTED) measures to reduce the threat and incidence of crime in the pedestrian environment (see also Urban Design Element, Policy UD- A.17). Ensure that there are adequate law enforcement, code enforcement, and litter and graffiti control to maintain safe and attractive neighborhoods. Provide adequate levels of lighting for pedestrian safety and comfort. Policy ME-A.4 Make sidewalks and street crossings accessible to pedestrians of all abilities. a. Meet or exceed all federal and state requirements. b. Provide special attention to the needs of children, the elderly, and people with disabilities. c. Maintain pedestrian facilities to be free of damage or trip hazards. Refer to the analysis for Mobility Element Goal A and Policy ME-A.1 above. All proposed sidewalks and street crossings would be constructed in accordance with all federal, state, and local safety requirements. The project would be consistent with this policy. Policy ME-A.5 Provide adequate sidewalk widths and clear path of travel as determined by street classification, adjoining land uses, and expected pedestrian usage. Refer to the analysis for Mobility Element Goal A and Policy ME-A.1 above. The project would design driveways in consideration of pedestrian impacts. The project would be consistent with this policy. Page 472 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-63 Goal/Policy Goal/Recommendation Analysis Project Consistency a. Minimize obstructions and barriers that inhibit pedestrian circulation. b. Consider pedestrian impacts when designing the width and number of driveways within a street segment. Policy ME-A.6 Work toward achieving a complete, functional and interconnected pedestrian network. Ensure that pedestrian facilities such as sidewalks, trails, bridges, pedestrian oriented and street lighting, ramps, stairways and other facilities are implemented as needed to support pedestrian circulation. Additional examples of pedestrian facilities are provided in the Pedestrian Improvements Toolbox, Table ME-1. 1. Close gaps in the sidewalk network. 2. Provide convenient pedestrian connections between land uses, including shortcuts where possible. 3. Design grading plans to provide convenient and accessible pedestrian connections from new development to adjacent uses and streets. b. Link sidewalks, pedestrian paths and multipurpose trails into a continuous region- wide network where possible. c. Provide and maintain trash and recycling receptacles, and restrooms available to the public where needed. Refer to the analysis for Mobility Element Goal A and subsequent policies above. The Nakano Project includes roadways with sidewalks, paseo, and trail connections, that link throughout the development and into the surrounding mobility network to promote an inviting pedestrian-friendly street environment. The surrounding mobility network links to nearby medical, commercial and residential land uses. The Nakano Project may be subject to the City of Chula Vista Municipal Code, City of San Diego Municipal Code, and City of Chula Vista Recycling and Solid Waste Planning Manual. Trash and recycling receptables within the Nakano Project shall be made available in conformance to the applicable regulations. The project would be consistent with this policy. Page 473 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-64 Goal/Policy Goal/Recommendation Analysis Project Consistency d. Address pedestrian needs as an integral component of community and public facilities financing plan updates and amendments, other planning studies and programs, and the development project review process. e. Routinely accommodate pedestrian facilities and amenities into private and public plans and projects. Policy ME-A.7 Improve walkability through the pedestrian- oriented design of public and private projects in areas where higher levels of pedestrian activity are present or desired. a. Enhance streets and other public rights- of- way with amenities such as street trees, benches, plazas, public art or other measures including, but not limited to those described in the Pedestrian Improvement Toolbox, Table ME-1 (see also Urban Design Element, Policy UD- A.10) b. Design site plans and structures with pedestrian-oriented features (see also Urban Design, Policies UD-A.6, UD-B.4, and UD-C.6). c. Encourage the use of non-contiguous sidewalk design where appropriate to help separate pedestrians from auto traffic. In some areas, contiguous sidewalks with trees planted in grates adjacent to the street may be a preferable design. Refer to the analysis for Mobility Element Goal A and subsequent policies above. The Design Guidelines include landscaping and architectural requirements, which would enhance public spaces and create compatibility with surrounding communities. The project would be consistent with this policy. Page 474 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-65 Goal/Policy Goal/Recommendation Analysis Project Consistency d. Enhance alleys as secure pathways to provide additional pedestrian connections. e. Implement traffic-calming measures to improve walkability in accordance with Policy ME-C.5. f. When existing sidewalks are repaired or replaced, take care to retain sidewalk stamps and imprints that are indicators of the age of a particular neighborhood, or that contribute to the historic character of a neighborhood. Policy ME-A.8 Encourage a mix of uses in villages, commercial centers, transit corridors, employment centers and other areas as identified in community plans so that it is possible for a greater number of short trips to be made by walking. The Nakano Project does not include village, commercial, transit corridors or employment centers. The Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. However, there are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway. Two are on Palm Avenue and two are on Dennery Road. The project would be consistent with this policy. B. Transit First Goals Increased transit ridership. The Nakano Project would place housing near existing transit. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway. Two are on Palm Avenue and two are on Dennery Road The project would be consistent with this goal. C. Street and Freeway System Goals An interconnected street system that provides multiple linkages within and between communities. Vehicle congestion relief. The Nakano Project is organized by new street connections, sidewalks, paseos, trail connections, and bicycle facilities that will serve residents and visitors. These mobility improvements will tie into the existing The project would be consistent with this goal. Page 475 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-66 Goal/Policy Goal/Recommendation Analysis Project Consistency Safe and efficient street design that minimizes environmental and neighborhood impacts. Well maintained streets. local and regional mobility network. All roadways in the development are interconnected and will be designed to meet City standards. While the Nakano Project will not be making any individual transit system improvements, it will have a mobility network that provides access for people to walk, bike, drive and take transit. The surrounding network of streets, bike paths, sidewalks, and trails provide connections between the residential neighborhoods of the Nakano Project and the commercial, retail, and public uses such as schools, parks, and transit facilities within the vicinity. Policy ME-C.3 Design an interconnected street network within and between communities, which includes pedestrian and bicycle access, while minimizing landform and community character impacts. a. Identify locations where the connectivity of the street network could be improved through the community plan update and amendment process, the Regional Transportation Plan update process, and through discretionary project review (see also Urban Design Element, Policy UDB.5). b. Use local and collector streets to form a network of connections to disperse traffic and give people a choice of routes to neighborhood destinations such as Refer to the analysis for Mobility Element Goal C. The Nakano Project is designed with an interconnected street network that ties into the surrounding mobility network. The project would be consistent with this policy. Page 476 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-67 Goal/Policy Goal/Recommendation Analysis Project Consistency schools, parks, and village centers. This network should also be designed to control traffic volumes and speeds through residential neighborhoods. 1. In newly developing areas or in large- scale redevelopment/infill projects, strive for blocks along local and collector streets to have a maximum perimeter of 1,800 feet. 2. When designing modifications/improvements to an existing street system, enhance street or pedestrian connections where possible. c. Provide direct and multiple street and sidewalk connections within development projects, to neighboring projects, and to the community at large. d. Where possible, design or redesign the street network, so that wide arterial streets do not form barriers to pedestrian traffic and community cohesiveness. Policy ME-C.8 Implement Traffic Impact Study Guidelines that address site and community specific issues. a. Give consideration to the role of alternative modes of transportation and transportation demand management (TDM) plans in addressing development project traffic impacts. b. Consider the results of site-specific studies or reports that justify vehicle trip reductions (see also ME-E.7). c. Implement best practices for multi- A Vehicle Miles Traveled Analysis was completed pursuant to the City’s current guidelines that addresses the traffic impacts of the site. This report has been submitted to City. The Nakano Project is accompanied by a Transportation Demand Management (TDM) plan which includes recommended elements as Project conditions of approval, including: providing information about the SANDAG’s iCommute program; The project would be consistent with this policy. Page 477 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-68 Goal/Policy Goal/Recommendation Analysis Project Consistency modal quality/level of service analysis guidelines to evaluate potential transportation impacts and determine appropriate mitigation measures from a multi-modal perspective. encouraging carpooling; and encouraging bike and transit usage. Policy ME-C.9 Implement best practices for multi-modal quality/level of service analysis guidelines to evaluate potential transportation improvements from a multimodal perspective in order to determine optimal improvements that balance the needs of all users of the right of way. The Nakano Project would provide pedestrian and bicycle connectivity to the neighborhood due to proximity to bicycle routes, provide pedestrian sidewalk connections. Furthermore, the Nakano Project would be located near MTS bus route 933 and I-805. These Project characteristics would promote pedestrian and bicycle activity and alternate forms of transportation. The project would be consistent with this policy. E. Transportation Demand Management Goals Reduced single-occupant vehicle traffic on congested streets and freeways. Improved performance and efficiency of the street and freeway system, by means other than roadway widening or construction. Expanded travel options and improved personal mobility. Refer to the analysis for Mobility Element Goal C and Policy ME-C.9 above. The Nakano Project provides pedestrian and bicycle facilities that connect to the greater mobility network in the area, providing multi-modal options and decreasing automobile dependence. The project would be consistent with this goal. Policy ME-E.1 Support and implement TDM strategies including, but not limited to: alternative modes of transportation, alternative work schedules, and telework. The Nakano Project is accompanied by a Vehicle Miles Traveled Analysis which provides a TDM plan that includes recommended elements as Project conditions of approval, including: provide information about the SANDAG’s iCommute program; encourage carpooling; and encourage alternative The project would be consistent with this policy. Page 478 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-69 Goal/Policy Goal/Recommendation Analysis Project Consistency modes of transportation including bike and transit usage. Policy ME-E.2 Maintain and enhance personal mobility options by supporting public and private transportation projects that will facilitate the implementation of Transportation Demand Management (TDM) strategies. Refer to the analysis for Mobility Element Goal C and Policy ME-E.1 above. The Nakano Project includes a TDM plan and outlines recommended strategies to enhance mobility options. The project would be consistent with this policy. Policy ME-E.3 Emphasize the movement of people rather than vehicles. Refer to the analysis for Mobility Element Goal C and subsequent polices above. The project would be consistent with this policy. Policy ME-E.4 Promote the most efficient use of the City’s existing transportation network. The Nakano Project’s circulation system is designed to interconnect with the existing adjacent public street system and does not facilitate cut-through automobile traffic. The project would be consistent with this policy. Policy ME-E.6. Require new development to have site designs and on-site amenities that support alternative modes of transportation. Emphasize pedestrian and bicycle-friendly design, accessibility to transit, and provision of amenities, that are supportive and conductive to implementing TDM strategies such as car sharing vehicles and parking spaces, bike lockers, preferred rideshare parking, showers and lockers, on-site food service, and child care, where appropriate. Refer to the analysis for Mobility Element Goal C and E and subsequent polices above. The project would be consistent with this policy. Page 479 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-70 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy ME-E.7 Consider TDM programs with achievable trip reduction goals as partial mitigation for development project traffic and air quality impacts. Refer to the analysis for Mobility Element Goal E and Policy ME-E.1 above. The Nakano Project included a TDM plan. The project would be consistent with this policy. Policy ME-E.8 Monitor implementation of TDM programs to ensure effectiveness. Refer to the analysis for Mobility Element Goal E and Policy ME-E.1 above. The Nakano Project included a TDM plan. The project would be consistent with this policy. Policy ME-F.2 Identify and implement a network of bikeways that are feasible, fundable, and serve bicyclists’ needs, especially for travel to employment centers, village centers, schools, commercial districts, transit stations, and institutions. Develop a bikeway network that is continuous, closes gaps in the existing system, improves safety, and serves important destinations. Implement bicycle facilities based on a priority program that considers existing deficiencies, safety, commuting needs, connectivity of routes, and community input. Recognize that bicyclists use all City roadways. Design future roadways to accommodate bicycle travel; and Upgrade existing roadways to enhance bicycle travel, where feasible. Refer to the analysis for Mobility Element Goal F above. The Nakano Project includes bike facilities that tie into the existing bike facilities on Dennery Road and the greater mobility network. The project would be consistent with this policy Policy ME-F.3 Maintain and improve the quality, operation, and integrity of the bikeway Refer to the analysis for Mobility Element Goal F above. The Nakano Project includes bike facilities that tie into the The project would be consistent with this policy. Page 480 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-71 Goal/Policy Goal/Recommendation Analysis Project Consistency network and roadways regularly used by bicyclists. existing bike facilities on Dennery Road and the greater mobility network. Policy ME-F.4 Provide safe, convenient, and adequate short- and long-term bicycle parking facilities and other bicycle amenities for employment, retail, multifamily housing, schools and colleges, and transit facility uses. Continue to require bicycle parking in commercial and multiple unit residential zones. Provide bicycle facilities and amenities to help reduce the number of vehicle trips. Refer to the analysis for Mobility Element Goal F, above. The Nakano Project includes separated Bike Path that buffers bicycles from automobile traffic. The project would be consistent with this policy. G. Parking Management Goal New development with adequate parking through the application of innovative citywide parking regulations. The Nakano Project is a residential project. Parking will be provided within each unit’s garage and driveway, with the exception of a percentage of parking being common area parking. Parking will adhere to City standards. The project would be consistent with this goal. Policy ME-G.1 Provide and manage parking so that it is reasonably available when and where it is needed. Refer to the analysis for Mobility Element Goal G above. The Nakano Project will adhere to City standards for parking. The project would be consistent with this policy. Policy ME-G.2.b Strive to reduce the amount of land devoted to parking through measures such as parking structures, shared parking, mixed-use developments, and managed public parking, while still providing appropriate levels of parking. Refer to the analysis for Mobility Element Goal G above. The Nakano Project will adhere to City standards for parking. The project would be consistent with this policy. URBAN DESIGN ELEMENT Page 481 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-72 Goal/Policy Goal/Recommendation Analysis Project Consistency A. General Urban Design Goals A built environment that respects San Diego’s natural environment and climate. An improved quality of life through safe and secure neighborhoods and public places. A pattern and scale of development that provides visual diversity, choice of lifestyle, opportunities for social interaction, and that respects desirable community character and context. A City with distinctive districts, communities, neighborhoods, and village centers where people gather and interact. Maintenance of historic resources that serve as landmarks and contribute to the City’s identity. Utilization of landscape as an important aesthetic and unifying element throughout the City. The Nakano Project provides a range of housing type, including a variety of sizes, prices, and product types to accommodate residents of all ages and income levels. High-quality design which would be accomplished through implementation of project- specific design guidelines. Entrances into the project would be clearly marked and accessible with distinct landscape features, building forms, and direct pedestrian paths. The Specific Plan includes policies, standards, and procedures to maintain the integrity of the surrounding residential neighborhoods. The broader Ocean View Hills community contains residential development of similar size, scale, and architectural styles. The Specific Plan includes adequate setbacks and buffers from neighboring uses to ensure compatible land uses and edge transitions. The design guidelines are crafted to ensure new development recognizes and enhances the interface of the community by contributing additional recreational amenities and housing units that mesh with its surrounding community. The project would be consistent with this goal. Page 482 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-73 Goal/Policy Goal/Recommendation Analysis Project Consistency Project amenities include pocket parks, trail access to the Otay Valley Regional Park (OVRP), and internal landscaped pathways, or paseos. Policy UD-A.1 Preserve and protect natural landforms and features. a. Protect the integrity of community plan designated open spaces b. Continue to implement the Multiple Species Conservation Program (MSCP) to conserve San Diego’s natural environment and create a linked open space system. Preserve and enhance remaining naturally occurring features such as wetlands, riparian zones, canyons, and ridge lines. The Nakano Project would provide an adequate avoidance buffer from on-site jurisdictional areas outside the impact limit. Other avoidance and mitigation measures that conserve biological resources are included in the CEQA compliance documentation. Additionally, the Nakano Project will be subject to applicable city brush management requirements that ensure appropriate buffering from the adjacent open space. The project would be consistent with this policy. Page 483 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-74 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy UD-A.2 Use open space and landscape to define and link communities. a. Link villages, public attractions, canyons, open space and other destinations together by connecting them with trail systems, bikeways, landscaped boulevards, formalized parks, and/or natural open space, as appropriate. b. Preserve and encourage preservation of physical connectivity and access to open space. c. Recognize that sometimes open spaces prevent the continuation of transportation corridors and inhibit mobility between communities. Where conflicts exist between mobility and open space goals, site-specific solutions may be addressed in community plans. The Specific Plan includes development standards and design guidelines intended to create attractive development that compliments surrounding developments and provides visual interest for residents and visitors. The Specific Plan standards and guidelines inform future development and design elements such as mobility, open space, and landscape design. The Nakano Project provides a series of private drives, bicycle facilities, sidewalks, landscaped paseos and trails that tie into the existing regional transportation network including a new trail access point to the OVRP; and incorporation of an overlook area over the OVRP. The project would be consistent with this policy. Policy UD-A.3 Design development adjacent to natural features in a sensitive manner to highlight and complement the natural environment in areas designated for development. Integrate development on hillside parcels with the natural environment to preserve and enhance views, and protect areas of unique topography. Minimize grading to maintain the natural topography, while contouring any The Nakano Project is adjacent to the Otay Valley Regional Park (OVRP). The development includes a new trail access point to the OVRP; and incorporation of an overlook area over the OVRP, preserving and enhancing views across the OVRP. The Nakano Project will include substantial grading onsite. However, variable lot sizes, clustered housing, and stepped-back The project would be consistent with this policy. Page 484 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-75 Goal/Policy Goal/Recommendation Analysis Project Consistency landform alterations to blend into the natural terrain. Utilize variable lot sizes, clustered housing, stepped-back facades, split-level units or other alternatives to slab foundations to minimize the amount of grading. Consider terraced homes, stepped down with the slope for better integration with the topography to minimize grading in sensitive slope areas. Utilize a clustered development pattern, single-story structures or single-story roof elements, or roofs sloped toward the open space system or natural features, to ensure that the visibility of new developments from natural features and open space areas are minimized. Provide increased setbacks from canyon rims or open space areas to ensure that the visibility of new development is minimized. Screen development adjacent to natural features as appropriate so that development does not appear visually intrusive, or interfere with the experience within the open space system. The provision of enhanced landscaping adjacent to natural features could be used to soften the appearance of or buffer development from the natural features. Use building and landscape materials that blend with and do not create visual or facades will be utilized, reducing the amount of grading. The edges of the development include landscaped slopes that buffer the development from surrounding developments and open space areas. Additionally, the Nakano project includes brush management zones that requires landscape and open space buffers that maintain a naturalized or softer edge to the residential development. Views to the development from the OVRP shall be soften by the Nakano Project’s vegetated slopes landscaping along the northern boundary, adjacent to the OVRP. There are residential developments to the east of the Specific Plan Area, adjacent to the OVRP, that are comprised of a variety of residential and recreational uses. The Specific Plan includes adequate setbacks and buffers from neighboring uses to ensure compatible land uses and edge transitions. The design guidelines are crafted to ensure new development recognizes and enhances the interface of the community by using building and landscape materials that mesh with the surrounding natural areas as well as the neighboring communities. Page 485 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-76 Goal/Policy Goal/Recommendation Analysis Project Consistency other conflicts with the natural environment in instances where new buildings abut natural areas. This guideline must be balanced with a need to clear natural vegetation for fire protection to ensure public safety in some areas. Ensure that the visibility of new development from natural features and open space areas is minimized to preserve the landforms and ridgelines that provide a natural backdrop to the open space systems. For example, development should not be visible from canyon trails at the point the trail is located nearest to proposed development. Lines-of-sight from trails or the open space system could be used to determine compliance with this policy. Design and site buildings to permit visual and physical access to the natural features from the public right-of-way. Encourage location of entrances and windows in development adjacent to open space to overlook the natural features. Protect views from public roadways and parklands to natural canyons, resource areas, and scenic vistas. Preserve views and view corridors along and/or into waterfront areas from the public right-of-way by decreasing the The Specific Plan Area is at a higher topography than Dennery Road where the entrance to the Project will come from. As such, the view of the adjacent natural areas will not be visible from the Project entrance. However, Private Driveway ‘A’, which provides the main entrance to the site will pass the natural area to the south of the Specific Plan Area. An overlook pocket park will provide views of and trails to the OVRP, which includes access to scenic view points and parklands. The Nakano Project will be subject to applicable city brush management requirements that ensure appropriate buffering from the adjacent open space, providing an effective fire break between all structures and contiguous areas of native or naturalized vegetation. Fire- resistant plants, drought tolerant native vegetation will also be incorporated into the development. Page 486 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-77 Goal/Policy Goal/Recommendation Analysis Project Consistency heights of buildings as they approach the shoreline, where possible. Provide public pedestrian, bicycle, and equestrian access paths to scenic view points, parklands, and where consistent with resource protection, in natural resource open space areas. Provide special consideration to the sensitive environmental design of roadways that traverse natural open space systems to ensure an integrated aesthetic design that respects open space resources. This could include the use of alternative materials such as “quiet pavement” in noise sensitive locations, and bridge or roadway designs that respect the natural environment. Design structures to be ignition and fire- resistant in fire prone areas or at-risk areas as appropriate. Incorporate fire-resistant exterior building materials and architectural design features to minimize the risk of structure damage or loss due to wildfires. Policy UD-A.4 Use sustainable building methods in accordance with the sustainable development policies in the Conservation Element. The Nakano Project will comply with current Title 24, Part 6, of the California Code of Regulations energy efficiency standards for electrical appliances and other devices at the time of building construction. The Nakano Project would use energy supplied by SDG&E, which is in compliance with the Renewables Portfolio The project would be consistent with this policy. Page 487 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-78 Goal/Policy Goal/Recommendation Analysis Project Consistency Standard. The Project would be in compliance with the current building standards and install solar photovoltaic systems and would provide two designated preferred parking for alternative fuel vehicles. During both construction and operation of the project, the Project would comply with all state regulations related to solid waste generation, storage, and disposal, including the California Integrated Waste Management Act, as amended. During construction, all wastes would be recycled to the maximum extent possible. In addition, as stated in the Air Quality and Greenhouse Gas Emissions Analysis Technical Report, the Project’s buildings would meet green building standards that are in effect at the time of construction. The project’s employees would use consumer products that would comply with the regulations that are in effect at the time of manufacture. Policy UD-A.5 Design buildings that contribute to a positive neighborhood character and relate to neighborhood and community context. Relate architecture to San Diego's unique climate and topography. The Specific Plan includes development standards and design guidelines intended to create attractive development that compliments surrounding developments and provides visual interest for residents and visitors. The Specific Plan standards and guidelines inform future development The project would be consistent with this policy. Page 488 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-79 Goal/Policy Goal/Recommendation Analysis Project Consistency Encourage designs that are sensitive to the scale, form, rhythm, proportions, and materials proximate to commercial areas and residential neighborhoods that have a well-established, distinctive character. Provide architectural features that establish and define a building’s appeal and enhance the neighborhood character. Encourage the use of materials and finishes that reinforce a sense of quality and permanence. Provide architectural interest to discourage the appearance of blank walls for development. This would include not only building walls, but fencing bordering the pedestrian network, where some form of architectural variation should be provided to add interest to the streetscape and enhance the pedestrian experience. For example, walls could protrude, recess, or change in color, height, or texture to provide visual interest. f. Design building wall planes to have shadow relief, where pop-outs, offsetting planes, overhangs, and recessed doorways are used to provide visual interest at the pedestrian level. g. Design rear elevations of buildings to be as well-detailed and visually interesting as the front elevation, if they will be visible from a public right-of-way or accessible public place or street. and design elements such as architecture, landscape and site design. The Nakano Project is surrounded by residential developments within the Ocean View Hills community, which is comprised of a variety of residential and recreational uses. The Nakano Project will enhance the interface of the community by contributing additional recreational amenities and housing units. The Specific Plan includes policies, standards, and procedures to maintain the integrity of the surrounding residential neighborhoods. The broader Ocean View Hills community contains residential development of similar size, scale, and architectural styles. The Specific Plan includes adequate setbacks and buffers from neighboring uses to ensure compatible land uses and edge transitions. The design guidelines are crafted to ensure new development recognizes and enhances the interface of the community by contributing additional recreational amenities and housing units that mesh with its surrounding community. Page 489 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-80 Goal/Policy Goal/Recommendation Analysis Project Consistency h. Acknowledge the positive aspects of nearby existing buildings by incorporating compatible features in new developments. i. Maximize natural ventilation, sunlight, and views. j. Provide convenient, safe, well-marked, and attractive pedestrian connections from the public street to building entrances. k. Design roofs to be visually appealing when visible from public vantage points and public rights-of-way. Policy UD-A.6 Create street frontages with architectural and landscape interest to provide visual appeal to the streetscape and enhance the pedestrian experience. Locate buildings on the site so that they reinforce street frontages. Relate buildings to existing and planned adjacent uses. Ensure that building entries are prominent, visible, and well-located. Maintain existing setback patterns, except where community plans call for a change to the existing pattern. Minimize the visual impact of garages, parking and parking portals to the pedestrian and street façades. The Specific Plan includes design guidelines that include varied and articulated building facades; visual and physical access for pedestrians; pedestrian circulation via sidewalks, paseos, trails, and private drives; human scale design elements; street-engaging facades via walkways and visible front entries, and alley-loaded products. The project would be consistent with this policy. Policy UD-A.8 Landscape materials and design should enhance structures, create and define public and private spaces, and provide shade, aesthetic appeal, and environmental benefits. The Nakano Project will utilize drought- tolerant native vegetation, planted in an informal pattern for all landscapes within the project in order to conserve water. The Nakano Project includes The project would be consistent with this policy. Page 490 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-81 Goal/Policy Goal/Recommendation Analysis Project Consistency Maximize the planting of new trees, street trees, and other plants for their shading, air quality, and livability benefits (See also Urban Forestry section of Conservation Element, Policies CE-A.11, CE-A.12, and Section J). Encourage water conservation through the use of drought-tolerant landscape. Use landscape to support stormwater management goals for filtration, percolation, and erosion control. Use landscape to provide unique identities within neighborhoods, villages, and other developed areas. Landscape materials and design should complement and build upon the existing character of the neighborhood (See also Conservation Element, Section J). Design landscape bordering the pedestrian network with new elements, such as a new plant form or material, at a scale and at intervals appropriate to the site. This is not intended to discourage a uniform street tree or landscape theme, but to add interest to the streetscape and enhance the pedestrian experience. Shade paved areas, especially parking lots. Use landscaped walkways to direct people to proper entrances and away from private areas. Reduce barriers to views or light by selecting appropriate tree types, pruning community-based green infrastructure such as pocket parks, landscaped paseos, overlook areas and OVRP trail connections. Landscaping and shade trees will be used throughout the development to save energy and reduce heat island issues. Development of the Nakano Project drainage system includes private storm drains to collect rooftop and surface drainage, and two biofiltration basins and a detention vault upstream of a modular wetland unit. The Nakano Project also addresses stormwater management through the use of transitional vegetation for protection of nearby habitat areas. Additionally, the Specific Plan includes adequate minimum setbacks and buffers from neighboring uses to ensure compatible land uses and edge transitions. The Nakano Project will be subject to applicable city brush management requirements that ensure appropriate buffering from the adjacent open space. Page 491 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-82 Goal/Policy Goal/Recommendation Analysis Project Consistency thick hedges, and large overhanging tree canopies. Utilize landscape adjacent to natural features to soften the visual appearance of a development and provide a natural buffer between the development and open space areas Policy UD-A.13. Provide lighting from a variety of sources at appropriate intensities and qualities for safety. Provide pedestrian-scaled lighting for pedestrian circulation and visibility. Use effective lighting for vehicular traffic while not overwhelming the quality of pedestrian lighting. Use lighting to convey a sense of safety while minimizing glare and contrast. Use vandal-resistant light fixtures that complement the neighborhood and character. Focus lighting to eliminate spill-over so that lighting is directed and only the intended use is illuminated. As stated in Section 3.8.2, Lighting, of the Nakano Specific Plan, a lighting plan shall be approved prior to construction that includes but is not limited to pole mounted site lighting, tree uplights, and bollard lighting, as well as a monument lighting at the monument sign at project entrance. The lighting plan provide standards for pole mounted site lighting, tree uplights, and bollard lighting, as well as a monument lighting at the monument sign. Additionally, the Specific Plan includes design guidelines for lighting that address the design, scale, material, light quality, and intensity. The project would be consistent with this policy. Policy UD-A.14. Provide comprehensive project sign plans to effectively utilize sign area. a. Design signs as a means to communicate a unified theme and identity for the project. b. Include pedestrian-oriented signs to acquaint users with various aspects of a development. Place signs to direct vehicular and pedestrian circulation. The Specific Plan outlines development standards and design guidelines for signage within the Project, including type, size, and design. The project would be consistent with this policy. Page 492 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-83 Goal/Policy Goal/Recommendation Analysis Project Consistency c. Post signs to provide directions and rules of conduct where appropriate behavior control is necessary. d. Design signs to minimize negative visual impacts. Policy UD-A.17. Incorporate crime prevention through environmental design measures, as necessary, to reduce incidences of fear and crime, and design safer environments. Design projects to encourage visible space and “eyes on the street” security that will serve as a means to discourage and deter crime through the location of physical features, activities, and people to maximize visibility. Define clear boundaries between public, semi-public/private, and private spaces. Promote regulations, programs, and practices that result in the proper maintenance of the measures employed for CPTED surveillance, access control, and territoriality. Consider pedestrian scale lighting and indirect techniques to provide adequate security but not glare and flood-light conditions. The Nakano Project includes specified Design Guidelines to encourage a variety of streetscape elements that reinforce Crime Prevention through Environmental Design (CPTED) techniques and social interaction. The Design Guidelines include techniques such as defined boundaries between public and private property with fencing, building setbacks, sidewalk location, and open landscaping. The Nakano Project will provide pedestrian scale lighting to create a safer environment for pedestrians through the Project, additionally, pocket parks are encouraged to provide safety lighting to deter crime and provide safe spaces. Residential units within the Nakano Project will face the street providing “eyes on the street” for pedestrians. Future residents of the Nakano Project may choose to establish and maintain a crime watch program. The project would be consistent with this policy. Page 493 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-84 Goal/Policy Goal/Recommendation Analysis Project Consistency B. Distinctive Neighborhoods and Residential Design Goals A city of distinctive neighborhoods. Development that protects and improves upon the desirable features of San Diego’s neighborhoods. Innovative design for a variety of housing types to meet the needs of the population. Infill housing, roadways and new construction that are sensitive to the character and quality of existing neighborhoods. Pedestrian connections linking residential areas, commercial areas, parks, and open spaces. The Nakano Project consists of the development of up to 221 residential dwelling units. The Nakano Project offers a variety of housing options from detached condominiums to multi-family dwelling units and 22 affordable housing units. Per the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. The Nakano Project provides high-quality recreational amenities within the SPA, in proximity to its residents as well as the surrounding residents. The Specific Plan includes policies, standards, and procedures to maintain the integrity of the surrounding residential neighborhoods. The broader Ocean View Hills community contains residential development of similar size, scale, and architectural styles. The Specific Plan includes adequate setbacks and buffers from neighboring uses to ensure compatible land uses and edge transitions. The design guidelines are crafted to ensure new development recognizes and The project would be consistent with these goals Page 494 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-85 Goal/Policy Goal/Recommendation Analysis Project Consistency enhances the interface of the community by contributing additional recreational amenities and housing units that mesh with its surrounding community. Policy UD-B.1 Recognize that the quality of a neighborhood is linked to the overall quality of the built environment. Projects should not be viewed singularly, but viewed as part of the larger neighborhood or community plan area in which they are located for design continuity and compatibility. Integrate new construction with the existing fabric and scale of development in surrounding neighborhoods. Taller or denser development is not necessarily inconsistent with older, lower-density neighborhoods but must be designed with sensitivity to existing development. For example, new development should not cast shadows or create wind tunnels that will significantly impact existing development and should not restrict vehicular or pedestrian movements from existing development. Design new construction to respect the pedestrian orientation of neighborhoods. Provide innovative designs for a variety of housing types to meet the needs of the population. The Specific Plan includes policies, standards, and procedures to maintain the integrity of the surrounding residential neighborhoods. The broader Ocean View Hills community contains residential development of similar size, scale, and architectural styles. The Specific Plan includes adequate setbacks and buffers from neighboring uses to ensure compatible land uses and edge transitions. The design guidelines are crafted to ensure new development recognizes and enhances the interface of the community by contributing additional recreational amenities and housing units that mesh with its surrounding community. Additionally, the Nakano Project includes roadways with sidewalks, paseo, and trail connections to promote an inviting pedestrian-friendly street environment and connecting the Project with the surrounding community. The project would be consistent with this policy. Policy UD-B.2 Achieve a mix of housing types within single developments. Refer to the analysis for Urban Design Element Goal B above. The Nakano The project would be consistent with this policy. Page 495 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-86 Goal/Policy Goal/Recommendation Analysis Project Consistency Incorporate a variety of unit types in multifamily projects. Incorporate a variety of single-family housing types in single-family projects/subdivisions. Provide transitions of scale between higher-density development and lower density neighborhoods. Identify sites for revitalization and additional housing opportunities in neighborhoods. Project will include a range of housing types at various sizes and price points. Policy UD-B.3 Design subdivisions to respect the existing lot pattern established within neighborhoods to maintain community character. a. Create lot divisions that respect the existing pattern of development for neighborhood continuity and compatibility. b. Design lot divisions to have a portion of each created lot in areas of less than 25 percent gradient. Refer to the analysis for Urban Design Element Goal B above. The Specific Plan includes policies, standards, and procedures to maintain the integrity of the surrounding residential neighborhoods. The project would be consistent with this policy. Page 496 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-87 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy UD-B.4 Create street frontages with architectural and landscape interest for both pedestrians and neighboring residents. a. Locate buildings on the site so that they reinforce street frontages. b. Relate buildings to existing and planned adjacent uses. c. Provide ground level entries and ensure that building entries are prominent and visible. d. Maintain existing setback patterns, except where community plans call for redevelopment to change the existing pattern. e. Locate transparent features such as porches, stoops, balconies, and windows facing the street to promote a sense of community. f. Encourage side- and rear-loaded garages. Where not possible, reduce the prominence of the garage through architectural features and varying planes. g. Minimize the number of curb-cuts along residential streets. Refer to the analysis for Urban Design Element Goal B above. The Specific Plan design guidelines provide guidance on building massing, materials and colors, architectural styles and product design that enhance and maintain the integrity of the surrounding residential developments. The Specific Plan includes design guidelines that include varied and articulated building facades; visual and physical access for pedestrians; pedestrian circulation via sidewalks, paseos, trails, and private drives; human scale design elements; street-engaging facades via walkways and visible front entries, and alley-loaded products. The project would be consistent with this policy. Policy UD-B.5 Design or retrofit streets to improve walkability, strengthen connectivity, and enhance community identity. a. Design or retrofit street systems to achieve high levels of connectivity within the neighborhood street network that link individual subdivisions/projects to each other and the community. The Nakano Project is organized by new street connections, sidewalks, paseos, trail connections, and bicycle facilities that will serve residents and visitors. These mobility improvements will tie into the existing local and regional mobility network and create a safe and pleasant pedestrian The project would be consistent with this policy. Page 497 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-88 Goal/Policy Goal/Recommendation Analysis Project Consistency b. Avoid closed loop subdivisions and extensive cul-de-sac systems, except where the street layout is dictated by the topography or the need to avoid sensitive environmental resources. c. Design open ended cul-de-sacs to accommodate visibility and pedestrian connectivity, when development of cul- de- sacs is necessary. d. Emphasize the provision of high quality pedestrian and bikeway connections to transit stops/stations, village centers, and local schools. e. Design new streets and consider traffic calming where necessary, to reduce neighborhood speeding (see also Mobility Element, Policy ME-C.5). f. Enhance community gateways to demonstrate neighborhood pride and delineate boundaries. g. Clarify neighborhood roadway intersections through the use of special paving and landscape. h. Develop a hierarchy of walkways that delineate village pathways and link to regional trails. i. Discourage use of walls, gates and other barriers that separate residential neighborhoods from the surrounding community and commercial areas. environment that connects residential buildings and common areas. The Nakano Project has been designed to provide a well-connected circulation network that avoids a closed-loop system of cul-de-sacs. The Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway.; two are on Palm Avenue and two are on Dennery Road. The internal private drives throughout the Nakano Project will be held to the City standards for Private Drives. The Nakano Project includes roadways with sidewalks, paseo, and trail connections to promote an inviting pedestrian-friendly street environment. Page 498 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-89 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy UD-B.8 Provide usable open space for play, recreation, and social or cultural activities in multifamily as well as single-family projects. a. Design attractive recreational facilities, common facilities, and open space that can be easily accessed by everyone in the development it serves. b. Design outdoor space as “outdoor rooms” and avoid undifferentiated, empty spaces. c. Locate small parks and play areas in central accessible locations. The Nakano Project provides intentional landscaping along public streets, paseos, and pocket parks; provides a new trail access point to the OVRP; and incorporation of an overlook area over the OVRP. The project would be consistent with this policy. PUBLIC FACILITIES, SERVICES, AND SAFETY ELEMENT C. Evaluation of Growth, Facilities, and Services Adequate public facilities available at the time of need. Public facilities exactions that mitigate the facilities impacts that are attributable to new development. Improvement of quality of life in communities through the evaluation of private development and the determination of appropriate exactions The Specific Plan Area is served by the San Diego Police Department and San Diego Fire-Rescue Department Station Number 6. The Project shall comply with the required DIFs to fund any expansion or construction as growth is accommodated. The Nakano Project includes an approximate 0.08-acre pocket park, an approximately 0.31-acre pocket park that overlooks the OVRP and provides trail access to the OVRP, and an approximately 0.04-acre monument entry pocket park at the entrance of the residential community of parkland for the proposed up to 221 dwelling units onsite. For any deficit of The project would be consistent with this goal. Page 499 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-90 Goal/Policy Goal/Recommendation Analysis Project Consistency acreage, the applicant is obligated to pay DIFs which contribute to the acquisition and construction of new parkland. Policy PF-C.1 Require development proposals to fully address impacts to public facilities and services: a. Identify the demand for public facilities and services resulting from discretionary projects. b. Identify specific improvements and financing which would be provided by the project, including but not limited to sewer, water, storm drain, solid waste, fire, police, libraries, parks, open space, and transportation projects. c. Subject projects, as a condition of approval, to exactions that are reasonably related and in rough proportionality to the impacts resulting from the proposed development. d. Provide public facilities and services to assure that current levels of service are maintained or improved by new development within a reasonable time period. Refer to the analysis for Public Facilities, Services, and Safety Element Goal C above. The Project shall comply will all required DIF’s to fund any deficit in public facilities. The project would be consistent with this policy. Policy PF-C.3 Satisfy a portion of the requirements of PF-C.1 through physical improvements, when a nexus exists, that will benefit the affected community planning area when projects necessitate a community plan amendment due to increased densities. Refer to the analysis for Public Facilities, Services, and Safety Element Goal C above. The Nakano Project includes a number of pocket parks and provides trail access to the OVRP. All streets will be designed to meet fire access standards. The project would be consistent with this policy. Page 500 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-91 Goal/Policy Goal/Recommendation Analysis Project Consistency D. Fire-Rescue Goals Protection of life, property, and environment by delivering the highest level of emergency and fire- rescue services, hazard prevention, and safety education. Minimize fire hazards resulting from structural or wildland fires. Manage fuel loads in wildland areas. Refer to the analysis for Public Facilities, Services, and Safety Element Goal C above. The Specific Plan Area is served by the San Diego Police Department and San Diego Fire-Rescue Department Station Number 6. Additionally, the Nakano Project will be subject to applicable city brush management requirements that ensure appropriate buffering from the adjacent open space, providing an effective fire break between all structures and contiguous areas of native or naturalized vegetation. Fire-resistant plants, drought tolerant native vegetation will also be incorporated into the development. The project would be consistent with this goal. Policy PF-D.5 Maintain service levels to meet the demands of continued growth and development, tourism, and other events requiring fire-rescue services. Refer to the analysis for Public Facilities, Services, and Safety Element Goal C, above. The Specific Plan Area is served by the San Diego Police Department and San Diego Fire-Rescue Department Station Number 6. The Project shall comply with the required DIFs to fund any expansion or construction as growth is accommodated. The project would be consistent with this policy. Policy PF-D.12 Protect communities from unreasonable risk of wildfire within very high fire hazard severity zones. Assess site constraints when considering land use designations near wildlands to avoid or minimize wildfire hazards as part of a community plan update or amendment. (see also LU-C.2.a.4) The Specific Plan Area is located within a Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone. The Nakano Project will be subject to applicable city brush management requirements that ensure appropriate buffering from the adjacent open space, providing an effective fire break between all structures The project would be consistent with this policy. Page 501 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-92 Goal/Policy Goal/Recommendation Analysis Project Consistency Identify building and site design methods or other methods to minimize damage if new structures are located in very high fire hazard severity zones on undeveloped land and when rebuilding after a fire. Require ongoing brush management to minimize the risk of structural damage or loss due to wildfires. Provide and maintain water supply systems to supplies for structural fire suppression. Provide adequate fire protection. (see also PF-D.1 and PF-D.2) and contiguous areas of native or naturalized vegetation. Fire-resistant plants, drought tolerant native vegetation will also be incorporated into the development. The Nakano Project would be required to design, construct, and maintain structures, private drives, and facilities in compliance with applicable local, regional, state, and federal requirements related to fire safety, emergency access, and evacuation plans, as well as building materials, setbacks, water supply, hydrants, fire-flow, and defensible space requirements for development in fire hazard areas. Policy PF-D.13 Incorporate fire safe design into development within very high fire hazard severity zones to have fire-resistant building and site design, materials, and landscaping as part of the development review process. a. Locate, design and construct development to provide adequate defensibility and minimize the risk of structural loss from wildland fires. b. Design development on hillsides and canyons to reduce the increased risk of fires from topography features (i.e., steep slopes, ridge saddles). c. Minimize flammable vegetation and implement brush management best Refer to the analysis for Public Facilities, Services, and Safety Element Goal D and Policy PF-D.12 above. The Project will be subject to Brush Management regulations and will incorporate fire-resistant vegetation and landscaping into the design. The Nakano Project would be required to design, construct, and maintain structures, private drives, and facilities in compliance with applicable local, regional, state, and federal requirements related to fire safety, emergency access, and evacuation plans, as well as building materials, setbacks, water supply, hydrants, fire-flow, and The project would be consistent with this policy. Page 502 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-93 Goal/Policy Goal/Recommendation Analysis Project Consistency practices in accordance with the Land Development Code. d. Design and maintain public and private streets for adequate fire apparatus vehicles access (ingress and egress), and install visible street signs and necessary water supply and flow for structural fire suppression. e. Coordinate with the Fire-Rescue Department to provide and maintain adequate fire breaks where feasible or identify other methods to slow the movement of a wildfire in very high fire hazard severity zones. defensible space requirements for development in fire hazard areas. Policy PF-D.14 Implement brush management along City maintained roads in very high fire hazard severity zones adjacent to open space and canyon areas. Refer to the analysis for Public Facilities, Services, and Safety Element Goal D and Policy PF-D.12 above. The Project will be subject to Brush Management regulations. The project would be consistent with this policy. Policy PF-D.15 Maintain access for fire apparatus vehicles along public streets in very high fire hazard severity zones for emergency equipment and evacuation. The Specific Plan Area is served by the San Diego Police Department and San Diego Fire-Rescue Department Station Number 6. Future development permits shall include a fire access plan and shall comply with the California Fire Code/ California Building Code. The Nakano Project would be required to design, construct, and maintain structures, private drives, and facilities in compliance with applicable local, regional, state, and federal requirements related to fire safety, emergency access, and evacuation plans, The project would be consistent with this policy. Page 503 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-94 Goal/Policy Goal/Recommendation Analysis Project Consistency as well as building materials, setbacks, water supply, hydrants, fire-flow, and defensible space requirements for development in fire hazard areas. Policy PF-D.16 Provide wildland fire preparedness education for fire safety advance planning. Future development permits shall include a fire access plan and shall comply with the California Fire Code/ California Building Code. The project would be consistent with this policy. Policy PF-E.6 Monitor how development affects average police response time goals and facilities needs (see also PF-C.5). Refer to the analysis for Public Facilities, Services, and Safety Element Goal C above. The Specific Plan Area is served by the San Diego Police Department and San Diego Fire-Rescue Department Station Number 6. The Project shall comply with the required DIFs to fund any expansion or construction as growth is accommodated. The project would be consistent with this policy. Policy PF-E.7 Maintain service levels to meet demands of continued growth and development, tourism, and other events requiring police services. Refer to the analysis for Public Facilities, Services, and Safety Element Goal C above. The Specific Plan Area is served by the San Diego Police Department and San Diego Fire-Rescue Department Station Number 6. The Project shall comply with the required DIFs to fund any expansion or construction as growth is accommodated. The project would be consistent with this policy. F. Wastewater Goal Environmentally sound collection, treatment, re- use, disposal, and monitoring of wastewater. Increased use of reclaimed water to supplement the region’s limited water supply. The Nakano Specific Plan includes protective measures to ensure there are no adverse effect on the adjacent sensitive habitat in the ORVP. Implementation of the Specific Plan also address stormwater management, transitional vegetation for protection of nearby habitat areas, as well as biofiltration basins for groundwater The project would be consistent with this goal. Page 504 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-95 Goal/Policy Goal/Recommendation Analysis Project Consistency infiltration. These proactive measures will contribute to a healthy and sustainable environment. The Nakano Project completed a Water System Analysis consistent with the City of San Diego Water Department Design Guidelines and Standards, The Nakano Project complies with the California Building Energy Efficiency Standards as well as the California Energy Code which promote the reduction of wasteful, uneconomic, inefficient, or unnecessary consumption of energy. In addition, the Nakano Project complies with Chula Vista’s Increased Energy Efficiency Standards and Climate Action Plan (CAP). The Nakano Project includes low-flow fixtures and appliances, consistent with the CAP. All permanent irrigation systems within the Nakano Project shall be below ground, automatically controlled, and in full compliance with building code requirements. The irrigation system shall utilize reclaimed water to the maximum extent available and permissible. Water conserving systems such as drip irrigation, moisture sensors, low gallonage heads, and matched precipitation rate heads will be used. A Sewer Study was completed for the Nakano Project on June 10, 2021, which states that the proposed connection to Page 505 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-96 Goal/Policy Goal/Recommendation Analysis Project Consistency the Otay Valley Trunk Sewer has enough capacity to serve the needs of the Project. Policy PF-F.4 Maintain conveyance and treatment capacity. Refer to the analysis for General Plan Public Facilities Element Goal F. The project would be consistent with this policy. Policy PF-F.6 Coordinate land use planning and wastewater infrastructure planning to provide for future development and maintain adequate service levels. Refer to the analysis for General Plan Public Facilities Element Goal F. A Sewer Study was completed for the Nakano Project. The project would be consistent with this policy. G. Stormwater Infrastructure Goals Protection of beneficial water resources through pollution prevention and interception efforts. A storm water conveyance system that effectively reduces pollutants in urban runoff and storm water to the maximum extent practicable. Refer to the analysis for General Plan Public Facilities Element Goal F. The Nakano Project includes alternative technologies and features such as biofiltration basins, detention vaults, and transitional vegetation for the purpose of handling stormwater runoff. The project would be consistent with this goal. Policy PF-G.1 Ensure that all storm water conveyance systems, structures, and maintenance practices are consistent with federal Clean Water Act and California Regional Water Quality Control Board NPDES Permit standards. All storm water conveyance systems, structures, and maintenance practices will comply with applicable federal, state, and local standards. The project would be consistent with this policy. Policy PF-G.2 Install infrastructure that, where feasible, includes components to capture, minimize, and prevent pollutants in urban runoff from reaching receiving waters and our potable water supplies. Refer to the analysis for General Plan Public Facilities Element Goal G. The project would be consistent with this policy. Page 506 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-97 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy PF-G.3 Meet and preferably exceed regulatory mandates to protect water quality in a cost-effective manner monitored through performance measures. Refer to the analysis for General Plan Public Facilities Element Goal F and G above. The project would be consistent with this policy. Policy PF-G.5 Identify and implement BMPs for projects that repair, replace, extend, or otherwise affect the stormwater conveyance system. These projects should also include design considerations for maintenance, inspection, and, as applicable, water quality monitoring. Refer to the PDP SWQMP prepared for the Nakano Project, June 14, 2021, for BMPs related to stormwater conveyance systems. NOTE: This is in a Chula Vista PDP SWQMP template The project would be consistent with this policy. H. Water Infrastructure Goal Ensure a safe, reliable, and cost-effective water supply for San Diego. Water service to the project will be provided by the City of San Diego Water Department public water system. The project will tie into the existing water line in Dennery Road. Domestic and fire protection service to the project will be supplied by two independent water systems. The public water system shall be designed and constructed in accordance with the guidelines, standards, and approved materials of the City of San Diego Water Department. The project would be consistent with this goal. Policy PF-H.3 Coordinate land use planning and water infrastructure planning with local, state, and regional agencies to provide for future development, maintain adequate service levels, and ensure adequate water supply during emergency situations. a. Plan for a water supply and emergency reserves to meet peak load demand Refer to the Water System Analysis prepared for the Nakano Project, June 10, 2021, for information regarding capacity, improvements and water supply for emergency situations. The project would be consistent with this policy. Page 507 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-98 Goal/Policy Goal/Recommendation Analysis Project Consistency during a natural disaster such as a fire or earthquake. b. Plan for water supply and emergency reserves recognizing anticipated Climate Change impacts. c. Recognize the water/energy nexus. Plan and implement water projects after consideration of their energy demands in coordination with energy suppliers to minimize and optimize the energy impact of projects. I. Waste Management Goals Maximize diversion of materials from disposal through the reduction, reuse, and recycling of wastes to the highest and best use. The Nakano Project would comply with all state and local laws regarding solid waste and recycling. Additionally, the proposed project would be required to adhere to City ordinances, including the C&C Debris Diversion Deposit Program, the City’s Recycling Ordinance, and the Refuse and Recyclable Materials Storages Regulations. The Nakano Project may also be subject to the City of Chula Vista Municipal Code, City of San Diego Municipal Code, and City of Chula Vista Recycling and Solid Waste Planning Manual. Trash and recycling receptables within the Nakano Project shall be made available in conformance to the applicable regulations. In addition, waste reduction, recycling, and management programs would be implemented as a part of CALGreen Building Standards Code. The project would be consistent with this goal. Page 508 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-99 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy PF-I.2 Maximize waste reduction and diversion (see also Conservation Element, Policy CE-A.8). See consistency analysis for Conservation Element Goal A and Goal I, Waste Management, above. The project would be consistent with this policy. Policy PF-1.2.a Conveniently locate facilities and informational guidelines to encourage waste reduction, diversion, and recycling practices. See consistency analysis for Conservation Element Goal A and Goal I, Waste Management, above. The project would be consistent with this policy. Policy PF-1.2.d Maximize the separation of recyclable and compostable materials. See consistency analysis for Conservation Element Goal A and Goal I, Waste Management, above. The project would be consistent with this policy. Policy PF-I.2.f Reduce and recycle construction and demolition (C&D) debris to the extent feasible. See consistency analysis for Conservation Element Goal A and Goal I, Waste Management, above. The project would be consistent with this policy. M. Public Utilities Goals Public utility services provided in the most cost- effective and environmentally sensitive way. Public utilities that sufficiently meet existing and future demand with facilities and maintenance practices that are sensible, efficient, and well- integrated into the natural and urban landscape. Refer to the analysis for General Plan Public Facilities Element Goal H above. Water service to the project will be provided by the City of San Diego Water Department public water system. The Nakano Project will tie into the existing water line in Dennery Road. The public water system shall be designed and constructed in accordance with the guidelines, standards, and approved materials of the City of San Diego Water Department. The Nakano Project would connect to the City of San Diego’s sewer system. Currently there is additional capacity in the Otay Valley Truck Sewer from the southern Otay Mesa region via a temporary sewer lift station. The Nakano The project would be consistent with this goal. Page 509 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-100 Goal/Policy Goal/Recommendation Analysis Project Consistency Project proposes an onsite private sewer collection system with a single sewer lateral/connection north of the Nakano property which will convey the Nakano Project’s demands via gravity. Wastewater from the Nakano Project would ultimately be conveyed through the City’s Metropolitan Wastewater Department facilities. Dry utilities, including electric power and natural gas would be provided by San Diego Gas & Electric (SDG&E). No major improvements to the local distribution networks are anticipated to be needed to support the growth facilitated by the Nakano Project. The applicant would work with dry utility providers to ensure utility systems have adequate capacity to serve the Nakano Project. Telephone, cable TV, and internet service would be available from a variety of providers. Utilities for the Nakano Project shall be undergrounded. Policy PF-M.4.d For projects, in particular large-scale developments (such as those requiring redevelopment plans, community plan updates, general plan amendments), consult and coordinate with all appropriate public utilities early on to determine the type, size, and location of facilities that are needed to accommodate the project’s increased demand. A Sewer and a Water System Analysis was prepared for the Nakano Project, June 10, 2021, and includes information about capacity, improvements, and other considerations. The Nakano Project will consult and coordinate with all appropriate public utility agencies throughout the project. The project would be consistent with this policy. Page 510 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-101 Goal/Policy Goal/Recommendation Analysis Project Consistency Q. Seismic Safety Goals Protection of public health and safety through abated structural hazards and mitigated risks posed by seismic conditions. Development that avoids inappropriate land uses in identified seismic risk areas. The geotechnical investigation included with the CEQA compliance documentation concludes that with the exception of possible strong seismic shaking, no significant geologic hazards were observed or are known to exist on the site that would adversely affect the site. No special seismic design considerations, other than those recommended herein, are required. The project would be consistent with this goal. Policy PF-Q.1 Protect public health and safety through the application of effective seismic, geologic, and structural considerations. a. Ensure that current and future community planning and other specific land use planning studies continue to include consideration of seismic and other geologic hazards. This information should be disclosed, when applicable, in the CEQA document accompanying a discretionary action. c. Require the submission of geologic and seismic reports, as well as soils engineering reports, in relation to applications for land development permits whenever seismic or geologic problems are suspected. g. Adhere to state laws pertaining to seismic and geologic hazards. Refer to the analysis for General Plan Public Facilities Element Goal Q above. The project would be consistent with this policy. Policy PF-Q.2 Maintain or improve integrity of structures to protect residents and preserve communities. Refer to the analysis for General Plan Public Facilities Element Goal H above. The project would be consistent with this policy. Page 511 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-102 Goal/Policy Goal/Recommendation Analysis Project Consistency b. Continue to consult with qualified geologists and seismologists to review geologic and seismic studies submitted to the City as project requirements. RECREATION ELEMENT A. Park and Recreation Guidelines Goals Provision of parklands that keep pace with population growth through timely acquisition and development. An increase in the amount and quality of recreation facilities and infrastructure through the promotion of alternative methods where development of typical facilities and infrastructure may be limited by land constraints. An equitable citywide distribution of and access to parks and recreation facilities. The Nakano Project includes an approximately 0.08-acre pocket park, an approximately 0.31-acre pocket park that overlooks the OVRP and provides trail access to the OVRP, and an approximately 0.04-acre monument entry pocket park at the entrance of the residential community. These park spaces shall offer a diverse range of recreational amenities. Per the Nakano Specific Plan Design Standards, bike racks are required at all pocket parks, and the Design Guidelines included in Section 4.2.2, Pocket Parks provides a list of recreational amenities that are encouraged within pocket parks. The Specific Plan Area is located adjacent to the OVRP which offers playing fields, picnic areas, biking, horse trails, and approximately 8.4 miles of multi-use trails connections to the greater open space network linking the project to nearby activity centers. The project would be consistent with this goal. Page 512 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-103 Goal/Policy Goal/Recommendation Analysis Project Consistency In August 2021, the City of San Diego adopted a Parks Master Plan that has updated the parks standard from 2.8 acres per 1,000 residents to a value-based of 100 points per 1,000 residents. The 100 points reflect scoring based on recreation amenities, space for programmed activity, connectivity to transit, and other factors. The Nakano Project shall comply with the adopted City of San Diego Parks Master Plan requirements. Policy RE-A.2 Use community plan updates to further refine citywide park and recreation land use policies consistent with the Parks Master Plan. See consistency analysis for Recreation Element Goal A, above. The project would be consistent with this policy. Policy RE-A.8 Provide population-based parks at a minimum ratio of 2.8 useable acres per 1,000 residents (see also Table RE-2, Parks Guidelines). See consistency analysis for Recreation Element Goal A, above. The project would be consistent with this policy. Policy RE-A.10 Encourage private development to include recreation facilities, such as children’s play areas, rooftop parks and courts, useable public plazas, and mini-parks to supplement population-based parks. (see also Urban Design Policies, UD-B.8 and UD-C.5) The Nakano Project includes community- based recreational spaces such as pocket parks, landscaped paseos, overlook areas and OVRP trail connections. The project would be consistent with this policy. Policy RE-A.17 Ensure that all development impact fees and assessments collected for the acquisition and development of population-based parks and recreation See consistency analysis for Policy RE-A.2, above. The project would be consistent with this policy. Page 513 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-104 Goal/Policy Goal/Recommendation Analysis Project Consistency facilities be used for appropriate purposes in a timely manner. B. Recreational Opportunities Goals A City with park and recreation facilities and services that are designed to accommodate the needs of a growing and diverse population and respect the City’s natural landforms. A regional and citywide parks/open space system, including the bays, beaches, rivers, and other attractions, that gives our region identity, attracts tourism, and enriches the quality of life for residents and visitors. A City with a diverse range of active and passive recreational opportunities that meet the needs of each neighborhood/community and reinforce the City’s natural beauty and resources. See consistency analysis for Policy RE-A.2, above. The Nakano Project provides the community with recreational amenities to help meet the present and future population. The Nakano Project will be subject to applicable city brush management requirements that ensure appropriate buffering from the adjacent open space. All fuel modification shall be incorporated into development plans and shall not include any areas within the OVRP. The Nakano Project includes a pocket park overlooking the OVRP with proposed new trail access to the OVRP to best utilize and reinforce the surrounding natural beauty and resources. The project would be consistent with this goal. Policy RE-B.3 Include recreation needs in community plans, consistent with a Parks Master Plan, to ensure that facilities and programs reflect community preferences, including the growing demand for senior activities. See consistency analysis for Policy RE-A.2, above. The project would be consistent with this policy. Policy RE-B.4 In planning, with respect to existing parks, give consideration to preserving the existing uses. The Nakano Specific Plan is within the OVRP Concept Plan boundary, however was not actively utilized as a recreation area. The SPA was previously designated under the City of Chula Vista, with a land use designation of Open Space and The project would be consistent with this policy. Page 514 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-105 Goal/Policy Goal/Recommendation Analysis Project Consistency zoning designation of A-8 for agricultural use. With implementation of the Nakano Specific Plan, the Nakano Specific Plan land use and zoning designation will take precedence. C. Preservation Goals Preserve, protect and enhance the integrity and quality of existing parks, open space, and recreation programs citywide. Preserve, protect and enrich natural, cultural, and historic resources that serve as recreation facilities. See consistency analysis for Policy RE-A.2 and RE-B.4, above. See also consistency analysis for Historic Preservation Element Goal A and Conservation Element Goal A, and Policy HP-A.4. The project would be consistent with this goal. Policy RE-C.2 Protect, manage and enhance population- and resource-based parks and open space lands through appropriate means which include sensitive planning, park and open space dedications, and physical protective devices. See consistency analysis for Policy RE-A.2, above. The project would be consistent with this policy. Policy RE-C.5 Design parks to preserve, enhance, and incorporate items of natural, cultural, or historic importance. See consistency analysis for Policy RE-A.2 and RE-B.4, above. See also consistency analysis for Historic Preservation Element Goal A and Conservation Element Goal A, and Policy HP-A.4. The project would be consistent with this policy. Policy RE-C.7 Protect beaches and canyons from uncontrolled urban run off. The Nakano Project includes alternative technologies and features such as biofiltration basins, detention vaults, and transitional vegetation for the purpose of handling stormwater runoff. The project would be consistent with this policy. Policy RE-C.9 Determine strategies that accommodate both lands for residential, commercial, and industrial use with the needs for parkland and open space uses. See consistency analysis for Policy RE-A.2, above. The project would be consistent with this policy. Page 515 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-106 Goal/Policy Goal/Recommendation Analysis Project Consistency D. Accessibility Goals A park and recreation system that provides an equitable distribution of park and recreation facilities that are designed to accommodate the needs of a diverse population. Park and recreation facilities that are sited to optimize access by foot, bicycle, public transit, automobile, and alternative modes of travel. Provision of an inter-connected park and open space system that is integrated into and accessible to the community. Recreational facilities that are available for programmed and non-programmed uses. See consistency analysis for Policy RE-A.2, above. The project would be consistent with this goal. Policy RE-D.1 Provide new and upgraded park and recreation facilities that employ barrier- free design principles that make them accessible to San Diegans regardless of age or physical ability, giving priority to economically disadvantaged communities. See consistency analysis for Policy RE-A.2, above. The recreational amenities included in the Nakano Project are publicly accessible and shall be compliant with applicable federal, state, and local accessibility regulations. The project would be consistent with this policy. Policy RE-D.2 Provide barrier-free trails and outdoor experiences and opportunities for persons with disabilities where feasible. See consistency analysis for Policy RE-A.2, above. The recreational amenities included in the Nakano Project are publicly accessible and shall be compliant with applicable federal, state, and local accessibility regulations. The project would be consistent with this policy. Policy RE-D.6 Provide safe and convenient linkages to, and within, park and recreation facilities and open space areas. Provide pedestrian and bicycle paths between recreation facilities and residential development. See consistency analysis for Policy RE-A.2, above. See also consistency analysis for Mobility Element Goal F, Bicycle Goals, and Mobility Element Goal A and Policy ME-A.1 for pedestrian improvements. The project would be consistent with this policy. Page 516 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-107 Goal/Policy Goal/Recommendation Analysis Project Consistency Designate pedestrian and bicycle corridors, and equestrian corridors where appropriate, that link residential neighborhoods with park and recreation facilities, trails, and open spaces. Improve public access through development of, and improvements to, multi-use trails within urban canyons and other open space areas. Coordinate efforts with the City’s Pedestrian Master Plan, the anticipated Parks Master Plan which incorporates trails master planning or a Trails Master Plan, and the County’s trail system to provide safe and convenient linkages between areas (see also Mobility Element, Section A). Coordinate with the county, state, and federal governments to ensure planning for and connectivity to trail systems outside of the City such as the Trans- County Trail Plan, San Diego River trails, Sweetwater River trails, Otay Valley trails, the California Coastal Trail, the Pacific Crest Trail and the California Riding and Hiking Trail. Identify key trails and access points as a part of community plan updates, discretionary permit reviews, and other applicable land use and park planning documents. Page 517 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-108 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy RE-D.7 Provide public access to open space for recreational purposes. See consistency analysis for Policy RE-A.2, above. The recreational amenities included in the Nakano Project are publicly accessible and would offer access to a variety of recreational opportunities. The project would be consistent with this policy. F. Open Space Lands and Resource- Based Parks Goals An open space and resource-based park system that provides for the preservation and management of natural resources, enhancement of outdoor recreation opportunities, and protection of the public health and safety. Preservation of the natural terrain and drainage systems of San Diego’s open space lands and resource-based parks. A system of pedestrian, bicycle, and equestrian paths linking communities, neighborhoods, parks, and the open space system The Nakano Project does not provide open space open space areas. However, it does include recreational amenities such as pocket parks and trail access, including a new trail access point to the OVRP; and incorporation of an overlook area over the OVRP providing connections to the greater open space network. The Nakano Project would provide an adequate avoidance buffer from on-site jurisdictional areas outside the impact limit. The edges of the development include landscaped slopes that buffer the development from surrounding developments and open space areas. Additionally, the project includes brush management zones that require landscape and open space buffers that maintain a naturalized or softer edge to the residential development, ensuring appropriate buffering from the adjacent open space. All fuel modification shall be incorporated into development plans and shall not include any areas within the OVRP. Other avoidance and mitigation measures that The project would be consistent with this goal. Page 518 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-109 Goal/Policy Goal/Recommendation Analysis Project Consistency conserve biological resources are included in the CEQA compliance documentation. The Nakano Project will include a mobility network that provides access for people to walk, bike, drive and take transit. The surrounding network of streets, bike paths, sidewalks, and trails provide connections between the residential neighborhoods of the Nakano Project. Project amenities include pocket parks, trail access to the OVRP, and internal landscaped pathways, or paseos. Policy RE-F.1 Protect and enhance park lands from adjacent incompatible uses and encroachments. (see also Urban Design Element, Policy UD-A.3.) The Nakano Project will be subject to applicable city brush management requirements that ensure appropriate buffering from the adjacent open space. All fuel modification shall be incorporated into development plans and shall not include any areas within the OVRP. The project would be consistent with this policy. Policy RE-F.4 Balance passive recreation needs of trail use with environmental preservation. The Nakano Project includes a trail connection that ties into the existing regional transportation network including a new trail access point to the OVRP; and incorporation of an overlook area over the OVRP. OVRP regulations shall apply with regard to trail use and environmental protection. The project would be consistent with this policy. Policy RE-F.5 Utilize open space lands for outdoor recreation purposes, when doing so is compatible with cultural, historic preservation and MSCP conservation goals The Nakano Specific Plan Area does not include open space lands. It is however adjacent to open space lands and provides The project would be consistent with this policy. Page 519 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-110 Goal/Policy Goal/Recommendation Analysis Project Consistency and surrounding land uses, including, but not limited to: Locations of outstanding scenic, historic, and cultural value; Corridors that link recreation facilities and open space areas such as utility easements, river and stream corridors, trails, and scenic highway corridors; and Sites particularly suited for park and recreation purposes, such as areas adjacent to and providing access to beaches, lakeshores, rivers, and streams. additional trail access to the open space lands. Policy RE-F.7 Create or enhance open space multi-use trails to accommodate, where appropriate, pedestrians/ hikers, bicyclists, and equestrians. b. Enhance public access to public open space by clearly identifying trailheads and trail alignments which are consistent with MSCP preservation goals. c. Locate canyon and other open space trails to take advantage of existing pathways and maintenance easements where possible and appropriate. d. Design, construct and manage trails to: • Consider the context and sensitivity of the area they traverse. • Protect and preserve sensitive natural and cultural resources. The Nakano Project provides a series of private drives, bicycle facilities, sidewalks and trails that tie into the existing regional transportation network including a new trail access point to the OVRP; and incorporation of an overlook area over the OVRP. The proposed new trail access from the Nakano Project will be clearly marked and identified for public access. The trail will be dedicated to the OVRP for operations and maintenance should the City accept the dedication. The proposed trail will connect to existing pathways within the overall OVRP. The Biological Resources Technical Report for the Nakano Project states that with implementation of the proposed mitigation, the identified impacts will be reduced to less than significant and would The project would be consistent with this policy. Page 520 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-111 Goal/Policy Goal/Recommendation Analysis Project Consistency be consistent with City of San Diego resource protection policies. • Provide for safe and enjoyable use using best practices (e.g. user management). • Be sustainable and minimize maintenance using best practices (e.g. erosion control). e. Ensure that trails that are considered to be a part of the City’s trail system meet one or more of the City’s definitions of what constitutes a trail (see Glossary). f. Allow for the closure of existing public trails where such trails are unsafe, unsustainable, redundant, serve only a single private property, lack legal public access, and/or unnecessarily impact environmentally sensitive areas. CONSERVATION ELEMENT A. Climate Change & Sustainable Development Goal To reduce the City's overall carbon dioxide footprint by improving energy efficiency, increasing use of alternative modes of transportation, employing sustainable planning and design techniques, and providing environmentally sound waste management. To be prepared for, and able to adapt to adverse climate change impacts. As stated in the Greenhouse Gas Emissions Analysis Technical Report for the Nakano Project and implementation of the goals and policies of the Community Plan, General Plan, and Climate Action Plan (CAP), the project would be located close to major urban centers, existing MTS transit service and the project would provide housing to the area. Additionally, the CEQA compliance documentation includes a Vehicle Miles The project would be consistent with this goal. Page 521 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-112 Goal/Policy Goal/Recommendation Analysis Project Consistency To become a city that is an international model of sustainable development and conservation. Traveled Analysis for the Nakano Project which includes a Transportation Demand Management aimed to support the use of alternative transportation modes. The Nakano Project would provide pedestrian and bicycle connectivity to the neighborhood due to proximity to bicycle routes, provide pedestrian sidewalk connections. Furthermore, the Nakano Project would be located near MTS bus route 933 and I-805. These Project characteristics would promote pedestrian and bicycle activity and alternate forms of transportation. The Nakano Project will comply with current Title 24, Part 6, of the California Code of Regulations energy efficiency standards for electrical appliances and other devices at the time of building construction. The Nakano Project would use energy supplied by SDG&E, which is in compliance with the Renewables Portfolio Standard. The Project would be in compliance with the current building standards and install solar photovoltaic systems, and would provide two designated preferred parking for alternative fuel vehicles. During both construction and operation of the project, the Project would comply with all state regulations related to solid waste generation, storage, and disposal, including the California Integrated Waste Page 522 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-113 Goal/Policy Goal/Recommendation Analysis Project Consistency Management Act, as amended. During construction, all wastes would be recycled to the maximum extent possible. The project has demonstrated compliance with the City’s 2022 CAP and associated Climate Action Plan (CAP) regulations as detailed in the Greenhouse Gas Emissions Analysis Report for the Nakano Project. While the Nakano project would comply with the City’s CAP Consistency Regulations, the emissions associated with development of the site was not accounted for in the City’s CAP; therefore, a significant an unavoidable impact related to GHG emissions would result. However, the project has incorporated feasible mitigation to reduce GHG emissions to the extent feasible. The project would not inhibit the City of San Diego from becoming a city that is an international model of sustainable development and conservation. Policy CE-A.5 Employ sustainable or “green” building techniques for the construction and operation of buildings. See consistency analysis for Conservation Element Goal A, above. In addition, as stated in the Air Quality and Greenhouse Gas Emissions Analysis Technical Reports, the Project’s buildings would meet green building standards that are in effect at the time of construction. During construction and operation, construction employees and residents would use consumer products that would comply with the The project would be consistent with this policy. Page 523 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-114 Goal/Policy Goal/Recommendation Analysis Project Consistency regulations that are in effect at the time of manufacture. Policy CE-A.7 Construct and operate buildings using materials, methods, and mechanical and electrical systems that ensure a healthful indoor air quality. Avoid contamination by carcinogens, volatile organic compounds, fungi, molds, bacteria, and other known toxins. Construction employees and residents would use consumer products that would comply with the regulations that are in effect at the time of manufacture. The Project’s buildings would meet green building standards which improve indoor air quality and exhaust that are in effect at the time of construction. A Health Risk Assessment (HRA) was conducted for the Nakano Project (included in the Air Quality Analysis Technical Report) which assesses health effects caused by exposure to environmental pollutants in a variety of media such as air, water, and soil. The HRA was completed in compliance with OEHHA 2015 guidelines and SDAPCD guidance to calculate the health risk impacts at all proximate receptors. The project would be consistent with this policy. Policy CE-A.8 Reduce construction and demolition waste in accordance with Public Facilities Element, Policy PF-I-2, or by renovating or adding on to existing buildings, rather than constructing new buildings where feasible. See consistency analysis for Conservation Element Goal A, above. The project would be consistent with this policy. Policy CE-A.9: Reuse building materials, use materials that have recycled content, or use materials that are derived from sustainable or rapidly renewable sources to the extent possible. See consistency analysis for Conservation Element Goal A, above. The project would be consistent with this policy. Page 524 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-115 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy CE-A.10 Include features in buildings to facilitate recycling of waste generated by building occupants and associated refuse storage areas. Provide permanent, adequate, and convenient space for individual building occupants to collect refuse and recyclable material. Provide a recyclables collection area that serves the entire building or project. The space should allow for the separation, collection, and storage of paper, glass, plastic, metals, yard waste, and other materials as needed. During operation of the Project, the Nakano Project shall comply with all state regulations related to solid waste generation, storage, and disposal, including the California Integrated Waste Management Act, as amended. The Nakano Project will provide permanent, adequate and convenient space for individual homes to collect refuse and recyclable material. The project would be consistent with this policy. Policy CE-A.11 Implement sustainable landscape design and maintenance, where feasible. Use integrated pest management techniques, where feasible, to delay, reduce, or eliminate dependence on the use of pesticides, herbicides, and synthetic fertilizers. Decrease the amount of impervious surfaces in developments, especially where public places, plazas and amenities are proposed to serve as recreation opportunities. Strategically plant deciduous shade trees, evergreen trees, and drought tolerant native vegetation, as appropriate, to contribute to sustainable development goals. The Nakano Project will utilize drought- tolerant native vegetation, planted in an informal pattern for all landscapes within the Project. All landscape shall conform to the City of Chula Vista landscape regulations and City of Chula Vista landscape manual and all regional standards for landscape maintenance. Approximately 48% of the Project site is imperious landscaped area, provided through pocket parks, paseos, and water basins, vegetated slopes, and HOA areas, and parkways. All permanent irrigation systems within the Nakano Project shall be below ground, automatically controlled, The project would be consistent with this policy. Page 525 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-116 Goal/Policy Goal/Recommendation Analysis Project Consistency f. Strive to incorporate existing trees and native vegetation into site designs. g. Minimize the use of landscape equipment powered by fossil fuels. h. Implement water conservation measures in site/building design and landscaping. i. Encourage the use of high efficiency irrigation technology, and recycled site water to reduce the use of potable water for irrigation. Use recycled water to meet the need of development project to the maximum extent feasible. and in full compliance with building code requirements. The irrigation system shall utilize reclaimed water to the maximum extent available and permissible. Water conserving systems such as drip irrigation, moisture sensors, low gallonage heads, and matched precipitation rate heads will be used. B. Open Space and Landform Preservation Preservation and long-term management of the natural landforms and open spaces that help make San Diego unique. The Nakano Project would provide an adequate avoidance buffer from on-site jurisdictional areas outside the impact limit. The edges of the development include landscaped slopes that buffer the development from surrounding developments and open space areas. Additionally, the project includes brush management zones that require landscape and open space buffers that maintain a naturalized or softer edge to the residential development, ensuring appropriate buffering from the adjacent open space. All fuel modification shall be incorporated into development plans and shall not include any areas within the OVRP. Other avoidance and mitigation measures that The project would be consistent with this goal. Page 526 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-117 Goal/Policy Goal/Recommendation Analysis Project Consistency conserve biological resources are included in the CEQA compliance documentation. Policy CE-B.1 Protect and conserve the landforms, canyon lands, and open spaces that: define the City’s urban form; provide public views/vistas; serve as core biological areas and wildlife linkages; are wetlands habitats; provide buffers within and between communities; or provide outdoor recreational opportunities. Utilize Environmental Growth Funds and pursue additional funding for the acquisition and management of MHPA and other important community open space lands. Protect urban canyons and other important community open spaces including those that have been designated in community plans for the many benefits they offer locally, and regionally as part of a collective citywide open space system (see also Recreation Element, Sections C and F; Urban Design Element, Section A). Minimize or avoid impacts to canyons and other environmentally sensitive lands, by relocating sewer infrastructure out of these areas where possible, minimizing construction of new sewer access roads into these areas, and redirecting of sewage discharge away from canyons and other environmentally sensitive lands. See consistency analysis for Conservation Goal B, above. The Project area is located within the City of Chula Vista’s MSCP Subregional Plan in an area designated as “Development Area Outside Covered Projects”. Due to the limited amount of native habitat and its proximity to existing residential and commercial development, the project area is not considered a wildlife corridor. The Otay River is located outside the project’s impact area, and would continue to function as a corridor for wildlife movement in an east–west direction through the Otay River riparian corridor. Additionally, the Project area is outside the City of San Diego designated MHPA and the City of Chula Vista designated Conservation Area. Therefore, the Nakano Project would not result in significant impacts to wildlife corridors and habitat linkages. As discussed in the Biological Resources Technical Report for the Nakano Project, wetlands are present within and surrounding the Project area. Wetlands protection must be provided throughout the subarea and an evaluation of wetlands The project would be consistent with this policy. Page 527 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-118 Goal/Policy Goal/Recommendation Analysis Project Consistency Encourage the removal of invasive plant species and the planting of native plants near open space preserves. Pursue formal dedication of existing and future open space areas throughout the City, especially in core biological areas of the City’s adopted MSCP Subarea Plan. Require sensitive design, construction, relocation, and maintenance of trails to optimize public access and resources conservation. avoidance and minimization is required. If impacts are unavoidable, no net loss of wetlands must be achieved through compensatory mitigation as prescribed by either the City of Chula Vista MSCP Subarea Plan or City of San Diego Biology Guidelines. As indicated in the Sewer Study for the Nakano Project, the Project includes a connection to the City of San Diego Otay Valley Trunk Sewer, away from any canyon and other ESL. Vegetation removal will occur with the Nakano Project, including the removal of invasive species. A revegetation plan will be prepared that includes native plantings within upland habitat and surrounding the wetland buffers to further protect and preserve these areas. Biological mitigation would restrict access and prevent the planting of invasive species. Avoidance and mitigation measures that conserve biological resources are included in the CEQA compliance documentation. The Nakano Project would provide a formal trail connection to the Otay Valley Regional Park through the developed area of the site, which would divert the public from crossing through the drainage area Page 528 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-119 Goal/Policy Goal/Recommendation Analysis Project Consistency to get to the Otay Valley Regional Park trails. Policy CE-B.4 Limit and control runoff, sedimentation, and erosion both during and after construction activity. Development of the Nakano Project drainage system includes private storm drains to collect rooftop and surface drainage, and two biofiltration basins and a detention vault upstream of a modular wetland unit. The Nakano Project also addresses stormwater management through the use of transitional vegetation for protection of nearby habitat areas. The project would be consistent with this policy. Policy CE-B.5 Maximize the incorporation of trails and greenways linking local and regional open space and recreation areas into the planning and development review processes. The Nakano Project offers trail access to open space via the OVRP, as well as pocket parks and an overlook area over the OVRP. The project would be consistent with this policy. Policy CE-B.6 Provide an appropriate defensible space between open space and urban areas through the management of brush, the use of transitional landscaping, and the design of structures (see also Urban Design Element, Policy UD-A.3.o). The Nakano Project will be subject to applicable city brush management requirements that ensure appropriate buffering from the adjacent open space. The Nakano Project includes brush management zones that requires landscape and open space buffer that maintain a naturalized or softer edge to the residential development. The project would be consistent with this policy. Page 529 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-120 Goal/Policy Goal/Recommendation Analysis Project Consistency Continue to implement a citywide brush management system. E. Urban Runoff Management Goals Protection and restoration of water bodies, including reservoirs, coastal waters, creeks, bays and wetlands. See consistency analysis for Conservation Goal B, and Policy CE-B.1, above. The project would be consistent with this goal. Policy CE-E.2 Apply water quality protection measures to land development projects early in the process-during project design, construction, and operations-in order to minimize the quantity of runoff generated on-site, the disruption of natural water flows and the contamination of storm water runoff. Increase on-site infiltration, and preserve, restore or incorporate natural drainage systems into site design. Direct concentrated drainage flows away from the MHPA and open space areas. If not possible, drainage should be directed into sedimentation basins, grassy swales or mechanical trapping devices prior to drainage into the MHPA or open space areas. Reduce the amount of impervious surfaces through selection of materials, site planning, and street design where possible. Increase the use of vegetation in drainage design. The Nakano Project is compliance with applicable federal and state water quality regulations. The Nakano Specific Plan includes protective measures to ensure there are no adverse effect on the adjacent sensitive habitat in the ORVP. Implementation of the Specific Plan also address stormwater management, transitional vegetation for protection of nearby habitat areas, as well as biofiltration basins for groundwater infiltration. These proactive measures will contribute to a healthy and sustainable environment. Development of the Nakano Project drainage system includes private storm drains to collect rooftop and surface drainage, and two biofiltration basins and a detention vault upstream of a modular wetland unit. The Nakano Project also addresses stormwater management through the use of transitional vegetation for protection of nearby habitat areas. The Nakano Project also includes alternative technologies and features such as biofiltration basins, detention vaults, and The project would be consistent with this policy. Page 530 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-121 Goal/Policy Goal/Recommendation Analysis Project Consistency Maintain landscape design standards that minimize the use of pesticides and herbicides. Avoid development of areas particularly susceptible to erosion and sediment loss (e.g., steep slopes) and, where impacts are unavoidable, enforce regulations that minimize their impacts. Apply land use, site development and zoning regulations that limit impacts on, and protect the natural integrity of topography, drainage systems, and water bodies. Enforce maintenance requirements in development permit conditions. transitional vegetation for the purpose of handling stormwater runoff. Approximately 48% of the Project site is imperious landscaped area, provided through pocket parks, paseos, and water basins, vegetated slopes, and HOA areas, and parkways. All landscape shall conform to the City of Chula Vista landscape regulations and City of Chula Vista landscape manual and all regional standards for landscape maintenance. The edges of the development include landscaped slopes that buffer the development from surrounding developments and open space areas. The Specific Plan includes development standards and design guidelines intended to create attractive development that compliments surrounding natural environments and provides visual interest for residents and visitors. Implementation and operations of the Nakano Project will be required to comply with maintenance requirements. Policy CE-E.3 Require contractors to comply with accepted storm water pollution prevention planning practices for all projects. A Priority Development Project (PDP) Storm Water Quality Management Plan (SWQMP) has been prepared for the Nakano Project that requires construction The project would be consistent with this policy. Page 531 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-122 Goal/Policy Goal/Recommendation Analysis Project Consistency Minimize the amount of graded land surface exposed to erosion and enforce erosion control ordinances. Continue routine inspection practices to check for proper erosion control methods and housekeeping practices during construction. and operational storm water pollution prevention planning practices. Additionally, the SWQMP includes recommendations for graded land and slopes that pertain to erosion control. Policy CE-E.6 Continue to encourage “Pollution Control” measures to promote the proper collection and disposal of pollutants at the source, rather than allowing them to enter the storm drain system. Implementation and operations of the Nakano Project shall comply with the pollution control measures included in the SWQMP. The project would be consistent with this policy. F. Air Quality Regional air quality which meet state and federal standards. Reduction in greenhouse gas emissions effecting climate change. Refer to the Air Quality and Greenhouse Gas Emissions Reports prepared for the Nakano Project, which identifies all the applicable air quality and greenhouse gas emissions federal, state, and local regulations the Project shall comply with. The project would be consistent with this goal. Policy CE-F.4 Preserve and plant trees and vegetation that are consistent with habitat and water conservation policies and that absorb carbon dioxide and pollutants. As identified in the Biological Resources Technical Report for the Nakano Project, certain plant and vegetation species will be preserved to the greatest extent feasible. Otherwise, mitigation for listed species will occur at the required ratio. The project would be consistent with this policy. Policy CE-F.6 Encourage and provide incentives for the use of alternative to single-occupancy vehicle use, including using public transit, carpooling, vanpooling, teleworking, bicycling, and walking. Continue to implement programs to provide City employees with incentives for the use of alternatives to single-occupancy vehicles. The Nakano Project is accompanied by a Transportation Demand Management (TDM) plan which includes recommended elements as Project conditions of approval, including: providing information about the SANDAG’s iCommute program; encouraging carpooling; and encouraging bike and transit usage. The project would be consistent with this policy. Page 532 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-123 Goal/Policy Goal/Recommendation Analysis Project Consistency G. Biological Diversity Preservation of healthy, biologically diverse regional ecosystems and conservation of endangered, threatened, and key sensitive species and their habitats. The Biological Resources Technical Report for the Nakano Project evaluates the Project’s effect of biological resources and provides mitigation measure to ensure key sensitive species and their habitat are not significantly impacted. The project would be consistent with this goal. Policy CE-G.1 Preserve natural habitats pursuant to the MSCP, preserve rare plants and animals to the maximum extent practicable, and manage all City-owned native habitats to ensure their long- term biological viability. See consistency analysis for Conservation Goal G, above. Additionally, as stated in the Biological Resources Technical Report for the Nakano Project, the Nakano Project would be consistent with both the City of San Diego MSCP SAP. The project would be consistent with this policy. H. Wetlands Preservation of San Diego’s rich biodiversity and heritage through the protection and restoration of wetland resources. Preservation of all existing wetland habitat in San Diego through a “no net loss” approach. See consistency analysis for Conservation Policy CE-B.1, above. The project would be consistent with this goal. Policy CE-H.7 Encourage site planning that maximizes the potential biological, historic, hydrological and land use benefits of wetlands. See consistency analysis for Conservation Goal B, and Policy CE-B.1, above. The project would be consistent with this policy. Policy CE-I.4 Maintain and promote water conservation and waste diversion programs to conserve energy. See consistency analysis for Policy CE-A.11, above. The Nakano Project completed a Water System Analysis consistent with the City of San Diego Water Department Design Guidelines and Standards, The Nakano Project complies with the California Building Energy Efficiency Standards as well as the California Energy Code which promote the reduction of wasteful, The project would be consistent with this policy. Page 533 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-124 Goal/Policy Goal/Recommendation Analysis Project Consistency uneconomic, inefficient, or unnecessary consumption of energy. In addition, the Nakano Project complies with Chula Vista’s Increased Energy Efficiency Standards and Climate Action Plan (CAP). The Nakano Project includes low-flow fixtures and appliances, consistent with the CAP. The Nakano Project will comply with current Title 24, Part 6, of the California Code of Regulations energy efficiency standards for electrical appliances and other devices at the time of building construction. The Nakano Project would also practice energy conservation through the use of shade trees that reduce heat island issues and installation of solar photovoltaic systems. Policy CE-I.5 Support the installation of photovoltaic panels, and other forms of renewable energy production. b. Promote the use and installation of renewable energy alternatives in new and existing development. See consistency analysis for Policy CE-1.4, above. The project would be consistent with this policy. Policy CE-I.10 Use renewable energy sources to generate energy to the extent feasible. See consistency analysis for Policy CE-1.4, above. The project would be consistent with this policy. J. Urban Forestry Protection of a sustainable urban forest. The Specific Plan for the Nakano Project includes landscape regulations for which the Project shall conform. Landscaping shall conform to standard horticultural practice, and other applicable City and The project would be consistent with this goal. Page 534 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-125 Goal/Policy Goal/Recommendation Analysis Project Consistency regional standards for landscaping, installation, and maintenance. Appendix A, Plant Palettes, includes the street trees, ornamental trees, and other trees to be included in the Nakano Project. Policy CE-J.4 Continue to require the planting of trees through the development permit process. Consider tree planting as mitigation for air pollution emissions, storm water runoff, and other environmental impacts as appropriate. Landscaping shall conform to standard horticultural practice, and other applicable City and regional standards for landscaping, installation, and maintenance. The technical reports for the CEQA compliance documentation provide mandatory adequate mitigation for air quality and greenhouse gas emissions, stormwater runoff, and other environmental impacts as appropriate. The project would be consistent with this policy. NOISE ELEMENT A. Noise and Land Use Compatibility Goal Consider existing and future noise levels when making land use planning decisions to minimize people’s exposure to excessive noise. The Noise Report included with the CEQA compliance documentation provides analysis for the Nakano Project, which concludes that noise exposure within an airport influence area are considered less than significant, and no mitigation is required. To satisfy California Building Code requirements, the Applicant shall conduct exterior-to-interior noise analysis to ensure sound levels are below 45 dBA CNEL interior background sound level for inhabited spaces. As such, the Nakano Project complies with this goal. The project would be consistent with this goal. Page 535 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-126 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy NE-A.1 Separate excessive noise-generating uses from residential and other noise-sensitive land uses with a sufficient spatial buffer of less sensitive uses. See consistency analysis for Noise Element Goal A, above. The project would be consistent with this goal. Policy NE-A.2 Assure the appropriateness of proposed developments relative to existing and future noise levels by consulting the guidelines for noise-compatible land use (shown on Table NE-3) to minimize the effects on noise-sensitive land uses. See consistency analysis for Noise Element Goal A, above. The project would be in conformance with this policy. Policy NE-A.3 Limit future residential and other noise- sensitive land uses in areas exposed to high levels of noise. See consistency analysis for Noise Element Goal A, above. The project would be in conformance with this policy. Policy NE-A.4 Require an acoustical study consistent with acoustical study guidelines (Table NE- 4) for proposed developments in areas where the existing or future noise level exceeds or would exceed the “compatible” noise level thresholds as indicated on the land use–noise compatibility guidelines (Table NE-3), so that noise mitigation measures can be included in the project design to meet the noise guidelines. See consistency analysis for Noise Element Goal A, above. The project would be in conformance with this policy. Policy NE-A.5 Prepare noise studies that address existing and future noise levels from noise sources that are specific to a community when updating community plans. See consistency analysis for Noise Element Goal A, above. The project would be in conformance with this policy. B. Motor Vehicle Traffic Noise Goal Create minimal excessive motor vehicle traffic noise on residential and other noise- sensitive land uses. As discussed in the Noise Report included in the CEQA compliance documentation, potential noise effects from vehicular traffic were assessed using the Federal The project would be in conformance with this goal. Page 536 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-127 Goal/Policy Goal/Recommendation Analysis Project Consistency Highway Administration’s Traffic Noise Model version 2.5. The additional Project traffic would result in a noise increase that is below the discernible level of change for the average healthy human ear, and therefore traffic-related noise impacts are considered less than significant. Policy NE-B.1 Encourage noise-compatible land uses and site planning adjoining existing and future highways and freeways. See consistency analysis for Noise Element Goal B, above. The project would be in conformance with this policy. Policy NE-B.2 Consider traffic calming design, traffic control measures, and low-noise pavement surfaces that minimize motor vehicle traffic noise. See consistency analysis for Noise Element Goal A, above. The project would be consistent with this policy. Policy NE-B.3 Require noise reducing site design, and/or traffic control measures for new development in areas of high noise to ensure that the mitigated levels meet acceptable decibel limits. See consistency analysis for Noise Element Goal A, above. The project would be consistent with this policy. Policy NE-B.4 Require new development to provide facilities which support the use of alternative transportation modes such as walking, bicycling, carpooling, and, where applicable, transit to reduce peak-hour traffic. See consistency analysis for Noise Element Goal A, above. Additionally, the CEQA compliance documentation includes a Vehicle Miles Traveled Analysis for the Nakano Project which includes a Transportation Demand Management aimed to support the use of alternative transportation modes. The project would be in conformance with this policy. Page 537 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-128 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy NE-B.7 Promote the use of berms, landscaping, setbacks, and architectural design where appropriate and effective, rather than conventional wall barriers to enhance aesthetics. See consistency analysis for Noise Element Goal A, above. The project would be consistent with this policy. Policy NE-B.9 When parks are located in noisier areas, seek to reduce exposure through site planning, including locating the most noise sensitive uses, such as children’s play areas and picnic tables, in the quieter areas of the site; and in accordance with the other policies of this section. As discussed in the Noise Report included in the CEQA compliance documentation, long-term traffic noise and stationary operations noise produced by the Nakano Project is reduced through project design features including noise attenuation walls where needed to ensure all outdoor use areas meet noise compatibility standards. As such the Nakano Project is compliant with this policy. The project would be consistent with this policy. D. Aircraft Noise Goal Minimal excessive aircraft-related noise on residential and other noise-sensitive land uses. The Noise Report included with the CEQA compliance documentation provides analysis for the Nakano Project, which concludes that impacts from Brown Field Municipal Airport aviation overflight noise exposure would be considered less than significant, and no mitigation is required. The Nakano Project complies with the state and City noise standards. The project would be consistent with this goal. Policy NE-D.1 Encourage noise-compatible land use within airport influence areas in accordance with federal and state noise standards and guidelines. See consistency analysis for Noise Goal D, above. The project would be in conformance with this policy. Page 538 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-129 Goal/Policy Goal/Recommendation Analysis Project Consistency G. Construction, Refuse Vehicles, Parking Lot Sweepers, and Public Activity Noise Goal Minimal exposure of residential and other noise- sensitive land uses to excessive construction, refuse vehicles, parking lot sweeper-related noise and public noise. The Noise Report included with the CEQA compliance documentation provides analysis for the Nakano Project concludes that the noise levels would be in compliance with both the City of Chula Vista and City of San Diego Municipal Codes and construction noise impacts would be considered less than significant. Therefore, the Nakano Project is consistent with this goal. The project would be consistent with this goal. Policy NE-G.1 Implement limits on the hours of operation for non-emergency construction and refuse vehicle and parking lot sweeper activity in residential areas and areas abutting residential areas. See consistency analysis for Noise Goal G, above. In addition, the Noise Report states that construction activities associated with the proposed project would be prohibited from taking place between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day, or on legal holidays as specified in Section 21.0104 of the SDMC. The project would be in conformance with this policy. I. Typical Noise Attenuation Methods Goal Attenuate the effect of noise on future residential and other noise-sensitive land uses by applying feasible noise mitigation measures. As discussed in the Noise Report included in the CEQA compliance documentation, the Nakano Project shall include windows that when closed attenuate a minimum of 25 dB attenuation. Additionally, to satisfy California Building Code requirements, the Applicant shall conduct exterior-to-interior noise analysis to ensure sound levels are below 45 dBA CNEL interior background sound level for inhabited spaces. The acoustical analysis shall substantiate that the resulting interior background noise levels, with appropriate implementation of interior comfort systems and sound The project would be in conformance with this goal. Page 539 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-130 Goal/Policy Goal/Recommendation Analysis Project Consistency insulation, will be less than this noise standard. As such, the Nakano Project complies with this goal. Policy NE-1.1 Require noise attenuation measures to reduce the noise to an acceptable noise level for proposed developments to ensure an acceptable interior noise level, as appropriate, in accordance with California’s noise insulation standards (CCR Title 24) and Airport Land Use Compatibly Plans. See consistency analysis for Noise Goals D and I, above. The project would be consistent with this policy. Policy NE-1.2 Apply CCR Title 24 noise attenuation measures requirements to reduce the noise to an acceptable noise level for proposed single-family, mobile homes, senior housing, and all other types of residential uses not addressed by CCR Title 24 to ensure an acceptable interior noise level, as appropriate. See consistency analysis for Noise Goal I, above. The project would be consistent with this policy. Policy NE-I.3 Consider noise attenuation measures and techniques addressed by the Noise Element, as well as other feasible attenuation measures not addressed as potential mitigation measures, to reduce the effect of noise on future residential and other noise-sensitive land uses to an acceptable noise level. See consistency analysis for Noise Goal I, above. The project would be in conformance with this policy. HISTORIC PRESERVATION ELEMENT A. Identification and Preservation of Historical Resources Goals Preservation of the City's important historical resources. The CEQA documentation evaluates the Project’s impact on historic resources in The project would be consistent with this goal. Page 540 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-131 Goal/Policy Goal/Recommendation Analysis Project Consistency Integration of historic preservation planning in the larger planning process. the Cultural Resources Inventory and Evaluation Report. The Report indicates that no historic structures or properties exist within the project Area of Potential Effect (APE) and the property itself is not eligible to be classified as a historical resource. As such, no impacts to historical resources would occur with implementation of the project. Therefore, this policy is not applicable. Policy HP-A.2 Fully integrate the consideration of historical and cultural resources in the larger land use planning process. Promote early conflict resolution between the preservation of historical resources and alternative land uses. Encourage the consideration of historical and cultural resources early in the development review process by promoting the preliminary review process and early consultation with property owners, community and historic preservation groups, land developers, Native Americans, and the building industry. Include historic preservation concepts and identification of historic buildings, structures, objects, sites, neighborhoods, and non- residential historical resources in the community plan update process. Make the results of historical and cultural resources planning efforts available to See consistency analysis for Historic Preservation Element Goal A, above. In addition, the Nakano Project would be consistent with all applicable state and local notification process requirements. Consultation with Native American tribes has occurred in accordance with Assembly Bill (AB) 52 requirements. The Cultural Resources Inventory and Evaluation Report provides the results of historical and cultural resources evaluation; however the location and specific details of these resources is contained in confidential appendices, only to be provided to the required reviewing authorities. As such the Nakano Project is consistent with these policies. The project would be consistent with these policies. Page 541 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-132 Goal/Policy Goal/Recommendation Analysis Project Consistency planning agencies, the public and other interested parties to the extent legally permissible. Policy HP-A.4 Actively pursue a program to identify, document and evaluate the historical and cultural resources in the City of San Diego. a. Develop context statements specific to areas being surveyed. c. Require that archaeological investigations be guided by appropriate research designs and analytical approaches to allow recovery of important prehistoric and historic information. d. Require the permanent curation of archaeological artifact collections and associated research materials, including collections held by the City. Support the permanent archiving of primary historical records and documents now in public institutions. e. Include Native American monitors during all phases of the investigation of archaeological resources including survey, testing, evaluation, data recovery, and construction monitoring. f. Treat with respect and dignity any human remains discovered during implementation of public and private projects within the City and fully comply with the California Native American Graves Protection and Repatriation Act and other appropriate laws. See consistency analysis for Historic Preservation Element Goal A, above. The Cultural Resources Inventory and Evaluation Report prepared for the Nakano Project includes archaeological investigations in compliance with Office of Historic Preservation and Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation, and the California Office of Historic Preservation Planning Bulletin Number 4(a). All sites identified during this inventory were recorded on California Department of Parks and Recreation (DPR) Form DPR 523 (Series 1/95), using the Instructions for Recording Cultural Resources. New site forms shall be submitted to the South Coastal Information Center. In addition, the Nakano Project would be consistent with all applicable state and local notification process requirements. Consultation with Native American tribes has occurred in accordance with Assembly Bill (AB) 52 requirements. Although all currently known cultural resources within the project APE are recommended not significant under CEQA, mitigation measures would be The project would be consistent with this policy. Page 542 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-133 Goal/Policy Goal/Recommendation Analysis Project Consistency conducted including archaeological monitoring and Native American monitoring in compliance with California, City of Chula Vista, and City of San Diego regulations. The Nakano Project shall comply with the California Native American Graves Protection and Repatriation Act for the identification and repatriation of human remains or cultural items, as defined, to the appropriate tribes. HOUSING ELEMENT Goal 1 Facilitate the construction of quality housing The Nakano Project consists of the development of up to 221 residential dwelling units which include both for sale and for rent opportunities. Housing types consists of detached condominiums, duplexes, and multi-family dwelling units. The Specific Plan includes design guidelines, included as Chapter 4, to ensure that new development recognizes enhances the character and identity of adjacent areas. The Nakano Project will enhance the character and identity of the surrounding community by contributing additional recreational amenities and housing units and implementing high- quality design. The project would be consistent with this goal. Objective A Identify adequate sites available for development While the Nakano Project includes amending the existing City of Chula Vista zoning from Agriculture (A-8) to Specific Plan Residential Medium (SP-RM), the The project would be consistent with this policy. Page 543 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-134 Goal/Policy Goal/Recommendation Analysis Project Consistency Nakano Project is fully compatible with the surrounding land uses. The SPA is surrounded by residential development to the east, medical offices to the south, Interstate 805 to the west and open space to the north. The residential development to the east is similar in density and scale. As such, the Specific Plan’s land use and zoning attain land use compatibility. Objective D Improve infrastructure systems to support infill development and promote affordable housing The Nakano Project provides housing options at varying sizes and prices points which may be attainable for citizens at various economic levels, diversifying the workforce and in turn the economic base of the region. Per the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. The project would be consistent with this policy. Objective E Support programs aimed at housing vulnerable and special needs populations The Nakano Project assists the City to attain additional housing units that help meet the City’s present and future housing needs. The Project provides a range of housing types, contributing both single- family and multi-family units, responding to the needs of all citizens regardless of age, disability, or income level. The project would be consistent with this policy. Page 544 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-135 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy HE-A.3 Require new development to meet applicable zone and land use designation density minimums to ensure efficient use of remaining land available for residential development and redevelopment. The Nakano Specific Plan land use designation of Specific Plan – Residential Medium allows for 6.1-11 dwelling units per acre, which is consistent with the surrounding residential neighborhoods to the west and southwest. Implementation of the Nakano Specific Plan shall comply with the land use and zoning designations established in the Nakano Specific Plan including the density minimums. The project would be consistent with this policy. Policy HE-A.4 Allow residential densities that exceed the ranges defined in the General Plan and community plans for projects using State density bonus provisions (including senior housing and affordable housing) and City housing incentive programs. The Nakano Project will not be utilizing State density bonus provisions. The project would be consistent with this policy. Policy HE-C.3 Develop a comprehensive strategy to address the need for more housing near employment centers, serving moderate- to middle-income workers in San Diego, and strive to promote the location of housing proximate to employment and multimodal transportation facilities. The Nakano Project does not include village, commercial, transit corridors or employment centers. However, the Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway; two are on Palm Avenue and two are on Dennery Road. The project would be consistent with this policy. Policy HE-C.11 Allow densities that exceed ranges defined in the zone for projects using State density bonus provisions and for projects within designated TPAs. The Nakano Project will not be utilizing State density bonus provisions and the Nakano Specific Plan Area is not within a TPA. The project would be consistent with this policy. Page 545 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-136 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy HE-C.12 Permit FARs and heights that exceed the adopted maximums for projects that provide smart growth benefits and for projects with unique circumstances that would reduce impacts relative to other projects or transfer development potential between parcels within a TPA. The Nakano Specific Plan Area is not within a TPA. The project would be consistent with this policy. Policy HE-E.2 Support affordable housing developers and service providers for people experiencing homelessness who, together, can provide an array of housing linked with services, including the following: • Short-term and temporary (including emergency, interim, transitional, safe haven, and seasonal) housing, • Permanent supportive housing, • Affordable permanent housing, and • Accessible housing. Refer to consistency analysis for Housing Element, Goal 1 Objectives D and E. The project would be consistent with this policy. Policy HE-E.4 Strive to ensure sufficient short- and long- term housing is available for vulnerable populations. Refer to consistency analysis for Housing Element, Goal 1 Objectives D and E, above. The project would be consistent with this policy. Policy HE-E.5 Support programs and incentives that encourage the development of Veterans Housing. Refer to consistency analysis for Housing Element, Goal 1 Objectives D and E, above. The project would be consistent with this policy. Policy HE-E.6 Support research efforts of the State and other agencies to identify and adopt new construction Refer to consistency analysis for Housing Element, Goal 1 Objective D and Conservation Element Goal A. The project would be consistent with this policy. Page 546 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-137 Goal/Policy Goal/Recommendation Analysis Project Consistency methods and technologies to facilitate affordable housing and energy efficiency. Policy HE-E.7 Facilitate development of a diversity of living options and residential care facilities for people experiencing mental illness. Refer to consistency analysis for Housing Element, Goal 1 Objective D, above. The project would be consistent with this policy. Policy HE-E.10 Support and encourage demonstration projects that connect healthcare services to housing (especially for vulnerable populations). The Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. The project would be consistent with this policy. Policy HE-E.11 Support the provision of an array of housing for persons with physical and developmental disabilities. Refer to consistency analysis for Housing Element, Goal 1 Objective D, above. The project would be consistent with this policy. Policy HE-E.12 Encourage inter-jurisdictional programs to reduce homelessness and barriers to stable, affordable housing for people who were formerly incarcerated or involved with the justice system. Refer to consistency analysis for Housing Element, Goal 1 Objective D, above. The project would be consistent with this policy. Policy HE-I.2 Encourage mixed-income developments accessible to lower income residents citywide and especially in high opportunity and resource-rich areas. Refer to consistency analysis for Housing Element, Goal 1 Objective D, above. The project would be consistent with this policy. Policy HE-I.13 Support programs and housing developments that support inclusive, racially and ethnically diverse, and mixed- income residential communities throughout the City, such as inclusionary housing programs, intergenerational housing, large family Refer to consistency analysis for Housing Element, Goal 1 Objectives D and E, above. The project would be consistent with this policy. Page 547 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-138 Goal/Policy Goal/Recommendation Analysis Project Consistency units, and affirmative marketing plan requirements. Policy HE-L.2 Encourage property developers and owners to adopt healthy housing programs that protect residents’ quality of life. Project amenities include pocket parks, trail access to the Otay Valley Regional Park (OVRP), and internal landscaped pathways, or paseos. The OVRP offers playing fields, picnic areas, biking, horse trails, and approximately 8.4 miles of multi-use trails connections to the greater open space network linking the project to nearby activity centers. Additionally, the Nakano Project includes roadways with sidewalks, paseo, and trail connections to promote an inviting pedestrian-friendly street environment and connecting the Project with the surrounding community. High-quality design which would be accomplished through implementation of project- specific design guidelines. The design guidelines included in the Nakano Specific Plan are crafted to protects residents’ quality of life by contributing additional recreational amenities and housing units that mesh with its surrounding community. The project would be consistent with this policy. Policy HE-M.1 Implement General Plan and community plan goals and policies that relate to architectural design, public spaces, and historical and tribal cultural resources. Refer to consistency analysis for Historic Preservation Element Goal A, Policy HP- A.2, and Recreation Element Policy RE-A.2. The Specific Plan includes policies, standards, and procedures to maintain the integrity of the surrounding residential neighborhoods. The project would be consistent with this policy. Page 548 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-139 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy HE-M.2 Ensure that new housing fosters a sense of community through development regulations that address building orientation and architectural design features that promote interaction and active lifestyles / commutes. Refer to consistency analysis for Urban Design Element Goal A. The project would be consistent with this policy. Policy HE-M.3 Enhance all communities with placemaking and public spaces to serve residents of all incomes, interests, ages, and cultures, through projects in areas with village characteristics and propensity (as defined in the General Plan). Refer to consistency analysis for Urban Design Element Goal A. The project would be consistent with this policy. Policy HE-M.4 Engage actively with local tribal representatives to identify opportunities to preserve and feature tribal, cultural, historical, and archaeological resources. Refer to consistency analysis for Historic Preservation Element Goal A and Policy HP-A.2. The project would be consistent with this policy. Policy HE-M.5 Foster neighborhoods that include a diversity of housing types, especially affordable, senior, age friendly, accessible, and family housing, including units for large families. Refer to consistency analysis for Housing Element, Goal 1 Objectives D and E, above. The project would be consistent with this policy. Policy HE-N.7 Engage community members before neighborhoods change. The Nakano Project would be consistent with all applicable state and local notification process requirements. The project will be presented in front of the Otay Mesa Community Planning Group (CPG) as well as Planning Commission and City Council for both the City of San Diego and the City of Chula Vista. The public will be able to engage, contribute and comment during all of these meetings. The project would be consistent with this policy. Page 549 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-140 Goal/Policy Goal/Recommendation Analysis Project Consistency Policy HE-O.1 Promote economically viable, environmentally sound, and socially equitable land use plans and development patterns that conserve nonrenewable energy sources. Refer to consistency analysis for Housing Element, Goal 1 Objectives D and E; Conservation Element Goal A; and Policy CE-I.4. The project would be consistent with this policy. Policy HE-O.2 Encourage new housing that relies on and supports transit use and environmentally sustainable patterns of movement. The Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. The Nakano Specific Plan land use designation of Specific Plan – Residential Medium allows for 6.1-11 dwelling units per acre, which is consistent with the surrounding residential neighborhoods to the west and southwest. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway. The Nakano Specific Plan Area is located close to major urban centers, existing MTS transit service and the project would provide housing to the area. The project would be consistent with this policy. Policy HE-O.4 Improve infrastructure systems throughout the City to support infill development and promote new affordable housing near transit stations, major transit stops, and along transit corridors. Refer to consistency analysis for Policy HE-O.2, above. The project would be consistent with this policy. Policy HE-P.1 Support and encourage high performance design Refer to consistency analysis for Conservation Element Goal A; and Policy CE-I.4. The project would be consistent with this policy. Page 550 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda City of San Diego General Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-141 Goal/Policy Goal/Recommendation Analysis Project Consistency standards in new construction and redevelopment to promote increased energy conservation. Policy HE-P.2 Support and encourage development and redevelopment that incorporates passive or active green space, such as green roofs, walls, and courtyards, that can provide carbon capture and cooling in urban environments. Refer to consistency analysis for Conservation Element Policy CE-A.5. The project would be consistent with this policy. Policy HE-Q.1 Support programs that incentivize residential properties to transition to renewable energy and, where possible, net-zero energy consumption. Refer to consistency analysis for Conservation Element Goal A. The project would be consistent with this policy. Policy HE-Q.2 Promote and incentivize energy and resource conservation among homeowners, property owners and managers, and renters. Refer to consistency analysis for Conservation Element Goal A. The project would be consistent with this policy. Policy HE-P.2 Support and encourage development and redevelopment that incorporates passive or active green space, such as green roofs, walls, and courtyards, that can provide carbon capture and cooling in urban environments. The Nakano Project includes pocket parks, landscaped paseos, biofiltration basins, and transitional vegetation, and street trees; all of which can provide carbon capture and cooling. The project would be consistent with this policy. Page 551 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Otay Mesa Community Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-142 B-3 Otay Mesa Community Plan Consistency Analysis Report The Otay Mesa Community Plan works together with the City of San Diego General Plan to provide location-based policies and recommendations. It is written to refine the General Plan’s citywide policies and designate land uses and housing densities. As mentioned previously, the Specific Plan Land Use designation is Residential – Low Medium, which is consistent with the surrounding areas to the east and southeast. The following table discusses in further detail how the land use and design criteria of the Nakano project will meet the Otay Mesa Community Plan’s objectives and policies. Goal/Policy # Goal/Policy Text Specific Plan Consistency Project Consistency 2.1-2(a) Respect the natural topography and sensitive habitat areas with growth patterns that balance development with preservation of natural resources. The Nakano Specific Plan prioritizes topography and sensitive habitats in the design of the land plan. In particular, the residential development is located in the center of the property, on slopes that are conducive to development while the steep slopes along the edges of the property have generally been left in a natural state. The Nakano Project provides buffers to adjacent open space and residential developments that create protective measures to ensure there are no adverse effect on the adjacent sensitive habitat in the ORVP. Specific Plan standards address stormwater management, transitional vegetation for protection of nearby habitat areas, as well as biofiltration basins for groundwater infiltration. The Nakano Project would be consistent with this policy. 2.1-2(b) Provide a land use map that illustrates the detailed land use designations, including any lands set aside for resource conservation, consistent with the MSCP Subarea Plan and any future Vernal Pool Habitat Conservation Plan. The specific plan land use map will refine the Otay Mesa Community Plan Land Use Map as part of the specific plan approval process. The Nakano Specific Plan Area does not include open space lands. However, the Nakano Project would provide an adequate avoidance buffer from on-site jurisdictional areas outside the impact limit. Additionally, the Nakano Project will be subject to applicable city brush management requirements that ensure appropriate buffering from the adjacent open space. The Nakano Project would be consistent with this policy. 2.1-2(c) Illustrate the complete circulation system that, where possible, follows a grid pattern, and indicate how the system will relate to the overall Otay Mesa circulation system. The Nakano Project’s circulation system is designed to interconnect with the existing adjacent public street system and does not facilitate cut- through automobile traffic. The Nakano Project includes roadways with sidewalks, paseo, and trail connections to promote an inviting pedestrian- The Nakano Project would be consistent Page 552 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Otay Mesa Community Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-143 Goal/Policy # Goal/Policy Text Specific Plan Consistency Project Consistency friendly street environment. Vehicular, bicycle and pedestrian facilities will link into existing facilities on Dennery Road, which provides access to a Palm Avenue, a major road, and Interstate-805. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway, thus facilitating transit usership. Two are on Palm Avenue and two are on Dennery Road. with this policy. 2.1-2(d) Strive for block sizes along local and collector streets to have a maximum perimeter of 1,800 feet. As shown in the Nakano Project Tentative Map, the longest block of dwelling units along a private drive will not be greater than 500 feet. Block widths, perpendicular to the central road, Private Driveway ‘A’, are no greater than 150 feet in width. The relatively short block sizes within the Nakano Project creates a welcoming environment for pedestrians. The Nakano Project would be consistent with this policy. 2.1-2(e) Illustrate a separate system of pedestrian and bicycle facilities and pathways linking the activity centers with residential areas, public facilities, and open space systems. The Nakano Project provides bicycle facilities including a separated Class I Bike Path along Private Drive A, which is the main Drive running through the project. The separated Bike Path buffers bicycles from automobile traffic and links to the Class II bike lane along Dennery Road. The private drives leading east and west from the primary roadway will include bicycle sharrows. Bicycle racks will be located at pocket parks. The Nakano Project includes roadways with sidewalks, paseo, and trail connections, that link throughout the development and into the surrounding mobility network to promote an inviting pedestrian-friendly street environment. The surrounding mobility network links to nearby open space, commercial and residential land uses. The Nakano Project offers trail access to the Otay Valley Regional Park (OVRP), which offers playing fields, picnic areas, biking, horse trails, and approximately 8.4 miles of multi-use trails connections to the greater open space network linking the project to nearby activity centers. The Nakano Project would be consistent with this policy. 2.1-2(f) Distribute parks comprehensively throughout the village area. Refer to Policy 7.1-7 of the Recreation Element for further recommendations. The Nakano Project includes an approximately 0.08-acre pocket park, an approximately 0.04-acre monument entry pocket park at the entrance of the residential community, an approximately 0.31-acre pocket park that overlooks the OVRP with trail access to the OVRP. As shown in Exhibit 5- The Nakano Project would be consistent with this policy. Page 553 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Otay Mesa Community Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-144 Goal/Policy # Goal/Policy Text Specific Plan Consistency Project Consistency 3, Parks and Trails, the pocket parks are distributed throughout the Specific Plan area. 2.1-2(f)(i) Link parks to one another with pathways to increase connectivity and enhance a sense of community. The Nakano Project includes internal sidewalks and landscaped paseos that link the pocket parks to one another as well as to the proposed trail access to the OVRP and to the surrounding mobility network via Dennery Road. The Nakano Project would be consistent with this policy. 2.1-2(f)(ii) Locate neighborhood parks at the end of streets and adjacent to canyons when appropriate to accommodate and enhance public views and vistas. As shown in Exhibit 5-3, Parks and Trails, of the Nakano Specific Plan, the pocket parks are distributed throughout the Plan Area, with the overlook pocket park located at the north end of the central road, offering views of the OVRP. The Nakano Project would be consistent with this policy. 2.1-2(g) Identify specific locations for schools, parks, pedestrian pathways and trails. Refer to consistency analysis for Policies 2.1-2(f), 2.2-f(i), and 2.1-2(f)(ii). The Specific Plan does not allow for institutional land uses such as schools within the SPA therefore, it is not applicable. However, the Nakano Project contributes to civic facilities through payment of Development Impact Fees (DIFs) that go towards community planned improvements, such as schools. The Nakano Project would be consistent with this policy. 2.1-2(g)(i) Site schools and parks adjacent to each other to create activity centers within neighborhoods. See Policy 2.7-2. Refer to consistency analysis for Policy 2.1-2(g), above. The Nakano Project would be consistent with this policy. 2.1-2(g)(ii) Include pathways and trails that connect public facilities with each other and to residential areas. The Nakano Project offers trail access to the Otay Valley Regional Park (OVRP), which offers playing fields, picnic areas, biking, horse trails, and approximately 8.4 miles of multi-use trails connections to the greater open space network linking the project to nearby activity centers. The Nakano Project would be consistent with this policy. 2.1-2(g)(iii) Provide pathways and connections, such as interpretive centers and trailheads, from facilities to canyon edges to take advantage of educational and recreational opportunities. The proposed new trail access from the Nakano Project will be clearly marked and identified for public access. The trail will be dedicated to the OVRP for operations and maintenance, should the City accept the The Nakano Project would be consistent Page 554 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Otay Mesa Community Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-145 Goal/Policy # Goal/Policy Text Specific Plan Consistency Project Consistency dedication. The proposed trail will connect to existing pathways within the overall OVRP. with this policy. 2.1-2(g)(iv) Determine final trail alignments and analyze with future Specific Plans or project-specific proposals. See policies in Recreation Element Section 7.2. As shown in Exhibit 5-3, Parks and Trails, of the Nakano Specific Plan, the Nakano Project includes a new trail access point to the existing OVRP trail system. The Nakano Project would be consistent with this policy. 2.1-2(h) Incorporate a diversity of housing types that includes market rate and affordable housing. Encourage inclusionary housing on-site. The Nakano Project consists of the development of up to 221 residential dwelling units which include both for sale and for rent opportunities. Housing types consists of detached condominiums, duplexes, and multi- family dwelling units. The Nakano Project housing options are at varying sizes and prices points which may be attainable for citizens at various economic levels, diversifying the workforce and in turn the economic base of the region. Per the Chula Vista Housing Element, ten percent (10%) of the total units within the Nakano Project will be affordable to low and moderate income households. Of the ten percent, five percent (5%) must be affordable to low income households and five percent (5%) must be affordable to moderate income households. The Nakano Project would be consistent with this policy. 2.1-2(i) Include an appropriate balance of single- family and multi- family housing consistent with the projections provided in the plan. Refer to consistency analysis for Policy 2.1-2(h), above. The Nakano Project would be consistent with this policy. 2.1-2(j) Provide development at densities that support transit as an integral component of village areas and corridors. The Nakano Specific Plan land use designation of Specific Plan – Residential Medium allows for 6.1-11 dwelling units per acre, which is consistent with the surrounding residential neighborhoods to the west and southwest. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway; two are on Palm Avenue and two are on Dennery Road, thus facilitating transit usership. Regional commercial uses are located just south of the site which offer services for routine errands. The Nakano Project would be consistent with this policy. Page 555 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Otay Mesa Community Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-146 Goal/Policy # Goal/Policy Text Specific Plan Consistency Project Consistency 2.1-2(k) Require a mixed-use residential/commercial component to be included within village core areas, with neighborhood-serving commercial uses such as food markets, restaurants, and other small retail shops. Encourage an anchor grocery store within each village area. The Nakano Project does not include mixed use areas. The Nakano Specific Plan Area is not located within a designated Village Core, Town Center, or Transit Priority Area. The Nakano Project includes residential uses in proximity to medical, commercial, open space, and other residential uses. There are four bus stops within a ½ mile (as the crow flies) of the Nakano Project driveway. The Nakano Project would be consistent with this policy. 2.1-2(l) Identify centrally located mixed-use core areas within each village area adjacent to key roadways and transit stops. Require a minimum of 15 du/ac for core areas designated Neighborhood Village and 30 du/ac for core areas designated Community Village. See consistency analysis for Policy 2.2-2(k), above. The Nakano Project would be consistent with this policy. 2.1-2(m) Locate higher density mixed residential uses within a ½ mile of a “Town Center” along Beyer Road and within a ½ mile from the community commercial center in the north portion of the Southwest Village. See consistency analysis for Policy 2.2-2(k), above. The Nakano Project would be consistent with this policy. 2.1-2(n) Locate higher density mixed residential uses within a ¼ mile of transit stops along Airway Road and near the mixed-use retail uses in the Central Village as shown on Mobility Figure 3- 2. See consistency analysis for Policy 2.2-2(k), above. The Nakano Project would be consistent with this policy. 2.1-2(o) Include a detailed design plan for the mixed- use village core areas that identifies retail, convenience uses, and public spaces. See consistency analysis for Policy 2.2-2(k), above. The Nakano Project would be consistent with this policy. 2.1-2(p) Provide sufficient community serving commercial development within village core areas and along transit corridors that support the residents, workforce, and visitors as these areas develop. See consistency analysis for Policy 2.2-2(k), above. The Nakano Project would be consistent with this policy. Page 556 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Otay Mesa Community Plan Consistency Analysis Report Nakano Specific Plan – Final – Appendix B Consistency Analysis | B-147 Goal/Policy # Goal/Policy Text Specific Plan Consistency Project Consistency 2.1-2(q) Provide refined architecture, urban design, and streetscape guidelines consistent with the policies in the Otay Mesa Community Plan and the General Plan. The Specific Plan includes development standards and design guidelines that will inform future development and design elements such as architecture, landscape and site design. The standards and guidelines are intended to create attractive development that compliments surrounding developments and provides visual interest for residents and visitors. As detailed in Table B-2 City of San Diego General Plan Consistency Analysis Report, has been analyzed for consistency and found to be consistent with the San Diego General Plan, including the Urban Design Element. Chapter 6. The Nakano Project would be consistent with this policy. 2.1-2(r) Include guidelines and illustrations for height, bulk, and scale of buildings and their relation to each other. The Specific Plan includes policies, standards, and procedures to ensure the height, bulk, and scale of the Nakano development will maintain the integrity of the surrounding residential neighborhoods. The broader Ocean View Hills community surrounding the project site contains residential development of similar size, scale, and architectural styles. The Specific Plan also includes minimum setbacks and buffers from neighboring uses to ensure compatible land uses and edge transitions. The Nakano Project would be consistent with this policy. 2.1-2(s) Provide a street tree plan that utilizes species within the Otay Mesa Street Tree Plan. A list of approved street tree species is provided in Appendix A of the Nakano Specific Plan. The applicable plant species included in Appendix A shall comply with the Otay Mesa Street Tree Plan. The Nakano Project would be consistent with this policy. 2.1-2(t) Require a phasing plan to ensure timely provision of necessary public facilities to serve the proposed development. However, it is unknown at this time how the phasing of the Nakano Project would occur considering it would be based on market demand. Implementation of the Specific Plan will occur through concurrent development permits and approvals by the City. The Nakano Project will be conditioned to receive provision of police and fire protection services such that services are provided prior to or concurrent with need. The Nakano Project would be consistent with this policy. Page 557 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • • • • • • • • Westringia fruiticosa ( Coast Rosemary) • • • • • • • • • • • Page 558 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • • • • • • • • • • • • • • • • • • • • • • • • • • • Page 559 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Page 560 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • • • • • • • • • • • • • • • • Page 561 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 562 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 563 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 564 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 565 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 566 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1P2.1 P3.1 C P2.2 P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 BP3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2P1 P4BR P3R P2R P1R Page 567 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1P2.1 P3.1 C P2.2 P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 BP3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2P1 P4BR P3R P2R P1R Page 568 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P2.2P3.1 C P3.1 P1.1 BP2.1 P1.1 AP3.1 P1.1 B P2.2P3.1 CP2.1 P1.1 A P2.2P3.1 C P2.2P3.1 C P3.1P1.1 B P2.1 P1.1 A P2.1P1.1 A P3.1P1.1 B P2.2 P3.1 C P2.1P1.1 A P3.1P1.1 B P2.2 P3.1 C P2.1P1.1 A P2.2 P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P2.1P1.1 A P3.1 P1.1 B P2.2 P3.1 C P2.1 P1.1 A P2.2 P3.1 C P3.1P1.1 BP2.2 P3.1 C P2.1P1.1 AP2.2 P3.1 C P3.1P1.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2 P1 P4BR P3R P2R P1R Page 569 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P2.2P3.1 C P3.1 P1.1 BP2.1 P1.1 AP3.1 P1.1 B P2.2P3.1 CP2.1 P1.1 A P2.2P3.1 C P2.2P3.1 C P3.1P1.1 B P2.1 P1.1 A P2.1P1.1 A P3.1P1.1 B P2.2 P3.1 C P2.1P1.1 A P3.1P1.1 B P2.2 P3.1 C P2.1P1.1 A P2.2 P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P2.1P1.1 A P3.1 P1.1 B P2.2 P3.1 C P2.1 P1.1 A P2.2 P3.1 C P3.1P1.1 BP2.2 P3.1 C P2.1P1.1 AP2.2 P3.1 C P3.1P1.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4AP3 P2P1 P4BR P3R P2R P1R Page 570 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P2.2P3.1 C P3.1 P1.1 BP2.1 P1.1 AP3.1 P1.1 B P2.2P3.1 CP2.1 P1.1 A P2.2P3.1 C P2.2P3.1 C P3.1P1.1 B P2.1 P1.1 A P2.1P1.1 A P3.1P1.1 B P2.2 P3.1 C P2.1P1.1 A P3.1P1.1 B P2.2 P3.1 C P2.1P1.1 A P2.2 P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P2.1P1.1 A P3.1 P1.1 B P2.2 P3.1 C P2.1 P1.1 A P2.2 P3.1 C P3.1P1.1 BP2.2 P3.1 C P2.1P1.1 AP2.2 P3.1 C P3.1P1.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2P1 P4BR P3R P2R P1R Page 571 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1P2.1 P3.1 C P2.2 P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 BP3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2P1 P4BR P3R P2R P1R Page 572 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1P2.1 P3.1 C P2.2 P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 BP3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2 P1 P4BR P3R P2R P1R A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1P2.1 P3.1 C P2.2 P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 BP3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2 P1 P4BR P3R P2R P1R Page 573 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1P2.1 P3.1 C P2.2 P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 BP3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2 P1 P4BR P3R P2R P1R A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1P2.1 P3.1 C P2.2 P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 BP3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2 P1 P4BR P3R P2R P1R Page 574 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 575 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 576 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P2.2P3.1 C P3.1 P1.1 BP2.1 P1.1 AP3.1 P1.1 B P2.2P3.1 CP2.1 P1.1 A P2.2P3.1 C P2.2P3.1 C P3.1P1.1 B P2.1 P1.1 A P2.1P1.1 A P3.1P1.1 B P2.2 P3.1 C P2.1P1.1 A P3.1P1.1 B P2.2 P3.1 C P2.1P1.1 A P2.2 P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P2.1P1.1 A P3.1 P1.1 B P2.2 P3.1 C P2.1 P1.1 A P2.2 P3.1 C P3.1P1.1 BP2.2 P3.1 C P2.1P1.1 AP2.2 P3.1 C P3.1P1.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2P1 P4BR P3R P2R P1R Page 577 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 578 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RT A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1P2.1 P3.1 C P2.2 P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 BP3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2P1 P4BR P3R P2R P1R IMPROVEMENTS SUCH AS DRIVEWAYS, UTILITIES, DRAINS, AND WATER/SEWER LATERALS SHALL BE DESIGNED SO AS NOT TO PROHIBIT THE PLACEMENT OF STREET TREES, ALL TO THE SATISFACTION OF THE CITY. ORNAMENTAL LANDSCAPE AREAS WILL BE SERVED BY A PERMANENT, AUTOMATIC MULTIPLE- VALVE IRRIGATION SYSTEM. THIS SYSTEM WILL USE LOW PRECIPITATION HEADS, SEGREGATED BASED ON PLANT MATERIAL TYPE AND ASPECT, AND BE DESIGNED TO MINIMIZE OVERSPRAY ONTO ANY NATIVE AREAS, HARDSCAPE SURFACE. RECYCLED WATER MAY BE USED, IF AVAILABLE. PERMANENT IRRIGATION WILL BE PROVIDED FOR THE REQUIRED STREET TREES AND INTERIOR SLOPES PER THE PLANT LEGEND SHEET. TEMPORARY IRRIGATION WILL BE PROVIDED FOR THE PERIMETER SLOPES TO REVEGETATE AND STABILIZE THE SLOPES FOR EROSION CONTROL. PROPOSED IRRIGATION SYSTEMS WILL USE AN APPROVED RAIN SENSOR SHUTOFF DEVICE.. MINIMUM 24-INCH BOX SIZE STREET TREES SHALL BE INSTALLED IN THE PUBLIC RIGHT-OF-WAY. TREE PLANTING AREAS SHALL HAVE A MINIMUM 40 SQUARE FEET OF AIR-AND-WATER, PERMEABLE AREA. INSTALL ALL APPROVED LANDSCAPE AND OBTAIN ALL REQUIRED LANDSCAPE INSPECTION FORMS. COPIES OF THESE APPROVED DOCUMENTS MUST BE SUBMITTED TO THE CITY. PERMANENT MONUMENT SIGNAGE MAYBE PROPOSED BY THE DEVELOPER. NO IMPROVEMENTS, INCLUDING ENHANCED PAVING, IRRIGATION AND LANDSCAPING, SHALL BE INSTALLED IN OR OVER ANY EASEMENT PRIOR TO THE APPLICANT OBTAINING AN ENCROACHMENT MAINTENANCE AND REMOVAL AGREEMENT. ALL LANDSCAPE AND IRRIGATION SHALL CONFORM TO THE CITY OF SAN DIEGO & CHULA VISTA LANDSCAPE REGULATIONS AND CITY OF SAN DIEGO & CHULA VISTA LANDSCAPE MANUAL AND ALL REGIONAL STANDARDS FOR LANDSCAPE INSTALLATION AND MAINTENANCE. THE PALETTE OF LANDSCAPE PLANT MATERIALS WILL PROVIDE VARIATIONS OF FOLIAGE, BARK, AND FLOWER FORM, TEXTURE, AND COLOR. THESE VARIATIONS WILL BE USED TO BLEND IN WITH EXISTING SURROUNDING LANDSCAPE TREATMENTS ESPECIALLY AT PERIMETER SLOPES. TREE ROOT BARRIERS SHALL BE INSTALLED WHERE TREES ARE PLACED WITHIN 10 FEET OF PUBLIC IMPROVEMENTS INCLUDING WALKS, CURBS, OR STREET PAVEMENT OR WHERE NEW PUBLIC IMPROVEMENTS ARE PLACED ADJACENT TO EXISTING TREES. ROOT BARRIERS WHICH WRAP AROUND THE ROOT BALL ARE NOT PERMITTED MULCH: ALL REQUIRED PLANTING AREAS SHALL BE COVERED WITH MULCH TO A MINIMUM DEPTH OF 3 INCHES, EXCLUDING SLOPES REQUIRING REVEGETATION AND AREAS PLANTED WITH GROUND COVER. ALL EXPOSED SOIL AREAS WITHOUT VEGETATION SHALL ALSO BE MULCHED TO THIS MINIMUM DEPTH. PLANT MATERIALS SPECIFIED FOR USE ON THIS PROJECT WILL BE FROM THE PALETTE OF PLANTS KNOWN TO PERFORM WELL IN THIS CLIMATIC ZONE AND AMENDED SOIL TYPE. LANDSCAPE PLANTING AREAS WILL BE GRADED TO ASSURE POSITIVE SURFACE DRAINAGE. ONSITE SOILS WILL BE AMENDED TO COMPLY WITH THE RECOMMENDATION OF A CERTIFIED SOILS TESTING LABORATORY. ALL SLOPE ASPECTS 2:1 OR STEEPER SHALL RECEIVE JUTE MATTING (OR PER THE RECOMENDATION BY THE GEO-TECHNICAL ENGINEER). LANDSCAPE DESIGN OBJECTIVES: IRRIGATION: NOTES: NO TREES OR SHRUBS EXCEEDING THREE FEET IN HEIGHT AT MATURITY MAY BE LOCATED WITHIN TEN FEET OF ANY SEWER FACILITIES. 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. 6. 7. 8. 9. 20 FEET 5 FEET 10 FEET 10 FEET 25 FEET 10 FEET TRAFFIC SIGNAL, STOP SIGN UDERGROUND UTILITY LINES ABOVE GROUND UTILITY STRUCTURES DRIVEWAYS INTERSECTIONS SEWERS MINIMUM TREE SEPARATION DISTANCE: DESIGN STATEMENT: MAINTENANCE NOTE: THE PRIMARY GOAL OF THE LANDSCAPE DESIGN IS TO BLEND AND COMPLIMENT THE EXISTING NATIVE PLANTING IN THE AREA. NATIVE LOW FUEL VOLUME SPECIES WILL BE USE TO RE-VEGETATE THE GRADED SLOPES. THE TREATMENT FOR THE INTERIOR SHALL PRIMARILY BE PARKWAY STREET TREES AND GROUNDCOVER, ORNAMENTAL IN NATURE, FIRE-RESISTENT, AND COMPLIMENT THE BUILDING ARCHITECTURE. THE RECREATION AREA WILL BE MIX OF ORNAMENTAL AND NATURALIZED MATERIAL AND LOW MAINTENANCE. 1. ALL REQUIRED COMMON LANDSCAPE AREAS SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. THE LANDSCAPE AREAS SHALL BE MAINTAINED FREE OF DEBRIS AND LITTER AND ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY GROWING CONDITION. DISEASED OR DEAD PLANT MATERIAL SHALL BE SATISFACTORILY TREATED OR REPLACED PER THE CONDITIONS OF THE PERMIT. 2. ALL PRUNING SHALL COMPLY WITH THE STANDARDS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) FOR TREE CARE OPERATIONS AND THE INTERNATIONAL SOCIETY OF ARBORICULTURE (ISA) FOR TREE PRUNING. TOPPING OF TREES IS NOT PERMITTED. 3. ALL PLANTING WILL HAVE A MINIMUM 25-MONTH MAINTENANCE AND MONITORING PERIOD THAT INCLUDES A SUCCESS CRITERIA, PRIOR TO ACCEPTANCE BY THE CITY OF SAN DIEGO PARKS & RECREATION DEPT. 4. ONCE THE PROJECT IS ANNEXED INTO THE CITY OF SAN DIEGO, THIS PROJECT WOULD BE ELIGIBLE FOR INCLUSION IN THE OCEAN VIEW HILLS MAINTENANCE ASSESSMENT DISTRICT (MAD) MANAGED BY THE CITY OF SAN DIEGO PARKS AND RECREATION DEPARTMENT. PLEASE NOTE THE SMALLER PARCEL ASSOCIATED WITH THIS PROJECT ADJACENT TO DENNERY ROAD IS ALREADY WITHIN THE MAD. GRADING NOTES: 1. PERMANENT REVEGETATION - ALL GRADED, DISTURBED, OR ERODED AREAS THAT WILL NOT BE PERMANENTLY PAVED OR COVERED BY STRUCTURES SHALL BE PERMANENTLY REVEGETATED AND IRRIGATED IN ACCORDANCE WITH THE STANDARDS IN THE CITY OF CHULA VISTA LANDSCAPE MANUAL. 2. TEMPORARY REVEGETATION - GRADED, DISTURBED, OR ERODED AREAS THAT WILL NOT BE PERMANENTLY PAVED, COVERED BY STRUCTURE, OR PLANTED FOR A PERIOD OVER 90 CALENDAR DAYS SHALL BE TEMPORARILY REVEGETATED WITH A NON-IRRIGATED HYDROSEED MIX, GROUND COVER, OR EQUIVALENT MATERIAL. TEMPORARY IRRIGATION SYSTEMS MAY BE USED TO ESTABLISH THE VEGETATION. 3. ALL REQUIRED REVEGETATION AND EROSION CONTROL SHALL BE COMPLETED WITHIN 90 CALENDAR DAYS OF THE COMPLETION OF GRADING OR DISTURBANCE. 4. INTERIM BINDER NOTE: GRADED, DISTURBED OR ERODED AREAS TO BE TREATED WITH A NON-IRRIGATED HYDROSEED MIX AND INTERIM BINDER / TACKIFIER AS NEEDED BETWEEN APRIL 2ND AND SEPTEMBER 30 FOR DUST-EROSION CONTROL WITH SUBSEQUENT APPLICATION OF HYDROSEED MIX DURING THE RAINY SEASON BETWEEN OCTOBER 1ST AND APRIL 1ST. RE-VEGETATED SLOPES 141,406 SF FRONT YARDS / PARKWAYS 82,250 SF RECREATION AREA 22,482 SF WATER QUALITY BASIN 14,645 SF DEVELOPER INSTALLED LANDSCAPE AREAS STREET TREES SHALL HAVE A 40 S.F. ROOT ZONE AREA(10' FROM UNDERGROUND SEWER & 5' FROM UNDERGROUND WATER UTILITIES) OR IF CONFLICTS ARISE THE TREES SHALL BE LOCATED ON THE RESIDENTIAL LOT. STREET TREES: CONCEPTUAL LANDSCAPE PLAN LANDSCAPE CONCEPT PLAN AND NOTES 14 LANDSCAPE IMPACTED WITHIN THE OCEANVIEW HILLS M.A.D. AT THE CURB CUT & DRIVE WAY IMPROVEMENTS SHALL BE REPLACED IN KIND (AREA PERMITTING) WITH PLANS PROCESSED AND REVIEWED BY THE APPROPRIATE DEPARTMENTS. NON-LANDSCAPE AREA 532,921 SF LANDSCAPE AREA 502,496 SF (48.5%) TOTAL PROJECT AREA 1,035,417 SF PERCENTAGE OF LANDSCAPED AREA TO TOTAL SITE VERTICAL MONUMENT SIGN OR IDENTIFICATION FLAG WITH LIGHTING. SEE SECTION ELEVATION DECOMPOSED GRANITE TRAIL WITH HEADER BOARD RECREATION AREA AND OVERLOOK ·BENCH SEATING ·DG WALKWAYS ·EVERGREEN SHADE TREE ·FLOWER SHRUB AND GROUNDCOVER ·BOLLARD LIGHTING CMU BLOCK WALL SOLID CEDAR OR VINYL FENCE SPLIT 2-RAIL FENCE BASIN PARK AREA ACC E S S R O A D SPLIT 2-RAIL FENCE " I AM FAMILIAR WITH THE REQUIREMENTS FOR LANDSCAPE AND IRRIGATION PLANS CONTAINED IN THE CITY OF CHULA VISTA'S LANDSCAPE MANUAL AND WATER CONSERVATION ORDINANCE, PER MUNICIPAL CODE CHAPTER 20.12. I HAVE PREPARED THIS PLAN IN COMPLIANCE WITH THOSE REGULATIONS AND THE LANDSCAPE MANUAL AND AGREE TO COMPLY WITH ALL REQUIREMENTS WHEN SUBMITTING CONSTRUCTION DOCUMENTS. I CERTIFY THAT THE PLAN IMPLEMENTS THOSE REGULATIONS TO PROVIDE EFFICIENT USE OF WATER." SIGNATURE DATE MONUMENT SIGN WITH LIGHTING PASSIVE RECREATION ·DECOMPOSED GRANITE WALK ·EVERGREEN SHADE TREE ·BENCH SEATING ·FLOWER SHRUB AND GROUNDCOVER. SECTION A BASIN PARK AREA PARK AREA ACTIVE RECREATION ·BALANCE BEAM LOGS / STEPPERS ·BARK MULCH ·EVERGREEN SHADE TREE ·BENCH SEATING ·FLOWER SHRUB AND GROUNDCOVER. DECOMPOSED GRANITE TRAIL WITH HEADER BOARD SPLIT 2-RAIL FENCE CONNECTION TO OVRP TRAIL SYSTEM TRAIL BRUSH MANAGEMENT SIGN EXPLAINING THIS IS AN "ENVIRONMENTALLY SENSITIVE AREA: NO BRUSH MANAGEMENT SHALL BE PERFORMED BEYOND THIS POINT." CHILDREN'S PLAYGROUND (AGES 2-5) WITH (2) SPRING RIDERS CHILDREN'S ADVENTURE PLAYGROUND (AGES 5-12) WITH STEPPERS AND BOULDER CLIMBER DECOMPOSED GRANITE TRAIL OVERLOOK BENCH SEATING BOLLARD LIGHTING FRONT YARD AND STREET TREE NOTE: IMPROVEMENT SUCH AS DRIVEWAYS UTILITIES, DRAINS AND WATER SEWER LATERALS SHALL BE DESIGNED SO AS NOT TO PROHIBIT THE PLACEMENT OF STREET TREES, ALL TO THE SATISFACTION OF THE DEVELOPMENT SERVICES DEPARTMENT. D.G. TRAIL W/ SPLIT 2-RAIL FENCE CONNECTION TO OVRP TRAIL SYSTEM OVERLOOK W/ BENCH OVRP TRAILHEAD KIOSK CONNECTION TO OVRP TRAIL SYSTEM DG TRAIL & PEELER POLE PER OVRP GUIDELINES TRAIL OVRP TRAIL SIGN 20' WIDE SEWER EASEMENT TO THE CITY OF SAN DIEGO12' WIDE EASEMENT TO SDG&E FOR PUBLIC UTILITIES 15' WIDE SEWER EASEMENT TO THE CITY OF SAN DIEGO 30' WIDE WATER EASEMENT TO OTAY WATER DISTRICT 6' WIDE EASEMENT TO SDG&E FOR PUBLIC UTILITIES 16' WIDE EASEMENT TO SDG&E FOR PUBLIC UTILITIES UNDERDRAIN AND TO ACCOMODATE TRAIL UNDERDRAIN AND TO ACCOMODATE TRAIL MATCHLINE MATCHLINE N.T.S. VERTICAL ENTRY MONUMENT SECTION / ELEVATION N.T.S. SECTION A N A K A N O THROUGHWAY ZONE 50% SHADING PER SDMC 143.1410(B) TRASH & RECYCLE RECEPTACLE -PEDESTRIAN AMENITY PER SDMC 143.1410(B) BACKLESS BENCH -PEDESTRIAN AMENITY PER SDMC 143.1410(B) OVRP TRAIL NOTE: PUBLIC OVRP TRAILS BOTH ON AND OFF SITE SHALL BE CONSTRUCTED PER THE OVRP TRAIL GUIDELINES. OVRP TRAIL CONNECTION TO CALTRANS ATP BIKE BRIDGE AND TRAIL, SEE SHEET 20. EXISTING SEWER MANHOLE EXISTING SEWER MANHOLE SE C T I O N B N.T.S. SECTION B OVRP TRAIL WAYFINDING SIGN -PEDESTRIAN AMENITY PER SDMC 143.1410(B) C.A.P. COMPLIANCE: THE TOTAL LOT AREA FOR NAKANO IS 23.76 ACRES OR 1,035,418 SF. THE RESILIENT INFRASTRUCTURE AND HEALTHY ECOSYSTEMS REGULATIONS REQUIRES TWO TREES TO BE PROVIDED ON THE PREMISES FOR EVERY 5,000 SQUARE FEET OF LOT AREA. A TOTAL OF 414 TREES ARE REQUIRED TO MEET THE MINIMUM. A TOTAL OF 447 TREES HAVE BEEN PROVIDED TO MEET THE MINIMUM REQUIREMENTS. 10. EXISTING M.A.D. MAINTAINED AREAS. CONSTRUCTION DOCUMENTS SHALL BE PREPARED IN CONFORMANCE WITH CITY REQUIREMENTS AND SUBMITTED TO PARKS AND RECREATION DEPARTMENT, M.A.D. FOR REVIEW AND APPROVAL EXISTING M.A.D. MAINTAINED AREAS VISIBILITY TRIANGLE VISIBILITY TRIANGLE VISIBILITY TRIANGLE SPLIT 2-RAIL FENCE GUARD-RAIL PER CIVIL TRAIL CONNECTION OVRP TRAIL SIGN OVRP TRAIL KIOSK EXISTING SEWER MANHOLE EXISTING SEWER MANHOLE ATP BIKE BRIDGE UNDISTURBED WETLAND AREA, SEE BIOLOGICAL REPORT UNDISTURBED WETLAND AREA, SEE BIOLOGICAL REPORT GLASS AND BLOCK FIRE RATED WALL MASONRY BLOCK WALL ON RETAINING WALL MASONRY BLOCK WALL ON GRADE MASONRY BLOCK WALL ON RETAINING WALL Page 579 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda STREET TREE NOTE: IMPROVEMENT SUCH AS DRIVEWAYS UTILITIES, DRAINS AND WATER SEWER LATERALS SHALL BE DESIGNED SO AS NOT TO PROHIBIT THE PLACEMENT OF STREET TREES, ALL TO THE SATISFACTION OF THE DEVELOPMENT SERVICES DEPARTMENT. LANDSCAPE CONCEPT PLAN ENLARGEMENTS AND PLANT LEGEND 15 " I AM FAMILIAR WITH THE REQUIREMENTS FOR LANDSCAPE AND IRRIGATION PLANS CONTAINED IN THE CITY OF CHULA VISTA'S LANDSCAPE MANUAL AND WATER CONSERVATION ORDINANCE, PER MUNICIPAL CODE CHAPTER 20.12. I HAVE PREPARED THIS PLAN IN COMPLIANCE WITH THOSE REGULATIONS AND THE LANDSCAPE MANUAL AND AGREE TO COMPLY WITH ALL REQUIREMENTS WHEN SUBMITTING CONSTRUCTION DOCUMENTS. I CERTIFY THAT THE PLAN IMPLEMENTS THOSE REGULATIONS TO PROVIDE EFFICIENT USE OF WATER." SIGNATURE DATE SLOPE LANDSCAPE TREATMENT (PERIMETER AND INTERIOR SLOPE EROSION CONTROL) THESE SLOPES WILL BE PLANTED TO CONTROL EROSION, PROVIDE PRIVACY (SCREENING), AND BLEND IN WITH THE EXISTING PLANTING ALONG ADJACENT PARKWAY. THE COMBINATION OF SMALL TO MEDIUM TEXTURALLY RICH TREES WILL BE COUPLED WITH FREE-FLOWING DRIFTS OF FLOWERING SHRUBS. GROUNDCOVER WILL BE ADDED TO PROVIDE A THIRD LEVEL OF VISUAL INTEREST. ACCEPTABLE SPECIES INCLUDE BUT ARE NOT LIMITED TO: EXTERIOR SLOPE PLANTING LEGEND 100% 24-INCH BOX OR LARGERSTREET TREES STREET TREES BETWEEN HOUSE AND DRIVE AISLES WITH 4' OR GREATER PLANTABLE AREA ACCENT TREES ALONG DRIVE AISLES WITH 3' OR GREATER PLANTABLE AREA CERCIS OCCIDENTALIS ERIOBOTRYA DEFLEXA LAGERSTROEMIA INDICA LIRIODENDRON TULIPIFERA "ARNOLD' PODOCARPUS HENKKELII STENOCARPUS SINUATUS TABEBUIA IMPETIGINOSA WESTERN REDBUD BRONZE LOQUAT CRAPE MYRTLE ARNOLD TULIP TREE LONG LEAFED YELLOW-WOOD FIRE WHEEL TREE PINK TRUMPET TREE 20' x 20' 25' x 25' 20' x 25' 25' x 8' 15' x 8' 25' x 10' 25' x 25' 25' x 25' 20' x 25' 25' x 25' 20' x 20' 50 x 25' 20' x 20' ARBUTUS MARINA CALLISTEMON VIMINALIS CERCIS CANADENSIS CHIONANTHUS RETUSUS GINGKO BILOBA MAGNOLIA GRANDIFLORA MARINA STRAWBERRY TREE WEEPING BOTTLEBRUSH EASTERN REDBUD CHINESE FRINGE TREE MAIDENHAIR SOUTHERN MAGNOLIA INTERIOR PARKWAY PLANTING & FRONT YARD ANIGOZANTHOS 'BUSH SUNSET' CALLISTEMON 'LITTLE JOHN' CISTUS SPP. DIETES GRANDIFLORA LANTANA MONTEVIDENSIS LEPTOSPERMUM SCOPARIUM NANDINA 'GULF STREAM' PHORMIUM TENAX 'MAORI QUEEN' RAPHIOLEPSIS INDICA 'BALLERINA' STRELITZIA REGINIA WESTRINGIA FRUTICOSA BUSH SUNSET KANGAROO PAW LITTLE JOHN BOTTLEBRUSH PURPLE ROCKROSE FORTNIGHT LILLY PURPLE LANTANA RUBY RED TEA TREE GULF STREAM NANDINA VARIEGATED FLAX INDIAN HAWTHORNE BIRD OF PARADISE COAST ROSEMARY 3'x4' 4'x4' 3'x3' 3'x4' 2'x5' 4'x4' 3'x2' 4'x4' 3'x4' 4'x5' 5'x10' GROUNDCOVER & ACCENTS CEANOTHOS GRISEUS 'YANKEE POINT' ROSMARINUS O. 'HUNTINGTON CARPET' TRACHELOSPERMUM JASMINOIDES TULBAGHIA VIOLACEA SENECIO SERPENS YANKEE POINT CEANOTHUS H. CARPTET ROSEMARY STAR JASMINE VARIEGATED SOCIETY GARLIC BLUE CHALKSTICKS 2'x8' 2'x6' 2'x5' 1'x5' 1'x2' NON-INVASIVE GRASSES CAREX SPISSA FESTUCA GLAUCA 'ELIJAH BLUE MUHLENBERGIA RIGENS SAN DIEGO SEDGE ELIJAH BLUE FESCUE DEER GRASS 5'x4' 1'x1' 4'x4' VINES BOUGAINVILLA 'BARBARA KARST' DISTICTIS 'RIVERS' JASMINUM POLYANTHUM TRACHELOSPERMUM JASMINIODES TECOMARIA CAPENSIS BARBARA KARST BOUGAINVILLA ROYAL TRUMPET VINE PINK JASMINE STAR JASMINE CAPE HONEYSUCKLE 4'x5' 5'x5' 5'x4' 5'x5' 4'x8' 100% 24-INCH BOXACCENT TREES DECIDUOUS ROUND HEAD (GROUND COVER PLANT SPACING SHALL BE 10' ON CENTER) FORM/FUNCTION: MEDIUM TO LARGE DECIDUOUS, ROUND HEAD, SHADE, STREET TREES FORM/FUNCTION: ORNAMENTAL FLOWERING ACCENT TREES FORM/FUNCTION: LOW ORNAMENTAL SHRUBSSHRUBS 36" O.C. FORM/FUNCTION: LOW ORNAMENTAL GROUNDCOVER FORM/FUNCTION: ACCENT GRASSES FORM/FUNCTION: UPRIGHT VINES PLANTING LEGEND (URBAN PLANTING PER OVRP) THE SLOPE AREAS TO BE HYDROSEEDED WITH A MIX OF NATIVE PLANT MATERIAL FOR SOIL EROSION PURPOSES. 50% OF SEED MIX TO BE PLANT MATERIAL THAT IS 24" OR LESS TO MEET BRUSH MANAGEMENT GUIDELINES. SLOPES (TEMPORARY IRRIGATION) HYDROSEED MIX COASTAL SAGE SCRUB HYDROSEED MIX 90 / 60 15 / 50 2 / 55 40 / 60 10 / 65 30 / 60 98 / 75 98 / 80 98 / 85 70 / 50 90 / 60 % PURITY/ GERMINATION RECOMMENDEDLB/AC 6 2 2 4 6 3 1 4 4 1 8 DEERWEED CALIFORNIA SAGEBRUSH REDMONKEY FLOWER BUSH SUNFLOWER CALIFORNIA BUCKWHEAT GOLDEN YARROW CALIFORNIA POPPY MINIATURE LUPINE SKY LUPINE BLACK SAGE PURPLE NEEDLE GRASS ACMISPON GLABER ARTEMESIA CALIFORNICA DIAPLACUS AUR. 'PUNICEUS' ENCELIA CALIFORNICA ERIOGONUM FASCICULATUM ERIOPHYLLUM CONFERTIFLORUM ESCHSCHOLZIA CALIFORNICA LUPINUS BICOLOR LUPINUS NANUS SALVIA MELLIFERA STIPA PULCHRA NOTE: CONTAINER STOCK ARE TO BE PLACED AT A MINIMUM RATE OF ONE PLANT PER 100 S.F. OF DISTURBED AREA. PLANT MATERIAL COMMON NAME BASINS TO BE LINED WITH 18" MEDIUM DEPTH. DETENTION BASIN (TEMPORARILY IRRIGATED) STORM WATER BASIN (BOTTOM) MULE FAT CALIFORNIA FIELD SEDGE SAN DIEGO SEDGE GIANT WILDRYE DUBIUS RUSH MEXICAN RUSH DEERGRASS BACCAHRIS SALICIFOLIA CAREX PRAEGRACILLIS CAREX SPISSA ELYMUS CONDENSATUS JUNCUS DUBIUS JUNCUS MEXICANUS MUHLENBERGIA RIGENS PLANT MATERIAL COMMON NAME LINERS LINERS LINERS 1G / LINERS LINERS LINERS LINERS SIZE YARROW YERBA MENZA CALIFORNIA FIELD SEDGE SAN DIEGO SEDGE GIANT WILD RYE POVERTY WEED DUBIUS RUSH MEXICAN RUSH NEVINS BARBERRY SCARLET MONKEY FLOWER BLUE-EYED GRASS ACHILLEA MILLEFOLIUM ANEMOPSIS CALIFORNICA CAREX PRAEGRACILLIS CAREX SPISSA ELYMUS CONDENSATUS IVA HAYESIANA JUNCUS DUBIUS JUNCUS MEXICANUS MAHONIA NEVINII MIMULUS CARDINALIS SISYRINCHIUM BELLUM PLANT MATERIAL COMMON NAME LINERS LINERS LINERS LINERS LINERS 1G 1G / LINERS LINERS LINERS 1G LINERS SIZE STORM WATER BASIN (SLOPES) THE INTERIOR SITE AREAS ARE TO BE PLANTED WITH COLORFUL CONTAINER MATERIAL WITH DEEP ROOTING CHARACTERISTICS IN CONFORMANCE WITH THE GRADING ORDINANCE. DROUGHT TOLERANT NATIVE AND NATURALIZED SPECIES ARE PLANTED IN AN INFORMAL PATTERN. SEASONAL MAINTENANCE WILL BE NEEDED ONCE ESTABLISHED. ACCEPTABLE SPECIES INCLUDE BUT ARE NOT LIMITED TO: RECREATIONAL AREA LANDSCAPE TREATMENT RECREATIONAL AREAS WILL BE PLANTED WITH DROUGHT TOLERANT PLANTS THAT ARE ALSO SAFE FOR CHILDREN AND PETS. PLANTING SELECTION WILL PROVIDE PRIVACY (SCREENING), ALTERNATIVE LAWN AREA, AND BLEND IN WITH THE ADJACENT BASIN AND EXTERIOR SLOPES PLANTING. THE COMBINATION OF SMALL TO MEDIUM TEXTURALLY RICH TREES WILL BE COUPLED WITH GROUPINGS OF FLOWERING SHRUBS. GROUNDCOVER WILL BE ADDED TO PROVIDE A THIRD LEVEL OF VISUAL INTEREST. A LAWN ALTERNATIVE WILL BE INCLUDED TO PROVIDE A PLAY SPACE FOR CHILDREN AND PETS. ACCEPTABLE SPECIES INCLUDE BUT ARE NOT LIMITED TO: RECREATIONAL AREA SHRUBS ARBUTUS UNEDO 'COMPACTA' CISTUS x PURPEUS EURPHORBIA CHARACIAS 'WULFENII' OLEA EUROPAEA 'LITTLE OLLIE' SALVIA CLEVELANDII TEUCRIUM FRUTICANS DWARF STRAWBERRY TREE ORCHID ROCKROSE MEDITERRANEAN SPURGE DWARF OLIVE CLEVELAND SAGE BUSH GERMANDER FORM/FUNCTION: SHADE, SEASONAL COLOR, MEDIUM TO LARGE CANOPY RECREATIONAL AREA TREES 100% 15 GAL AGONIS FLEXUOSA CASSIA LEPTOPHYLLA CERCIS OCCIDENTALIS LOPHOSTEMON CONFERTUS MAGNOLIA GRANDIFLORA QUERCUS AGRIFOLIA QUERCUS SUBER PEPPERMINT WILLOW GOLDEN MEDALLION WESTERN REDBUD BRISBANE BOX SOUTHERN MAGNOLIA COAST LIVE OAK CORK OAK RECREATIONAL AREA SHRUBS AND GROUNDCOVERS65% 1-GALLON, 35% 5 GAL. RECREATIONAL AREA PLANTING LEGEND FORM/FUNCTION: EVERGREEN, SCREENING, ACCENT COLOR, DROUGHT TOLERANT GROUNDCOVERS BACCHARIS PILULARIS 'PIGEON POINT' CEANOTHUS THYRSIFOLIA 'YANKEE POINT' DYMONDIA MARGARETAE IVA HAYESIANA LIPPIA NODIFLORA VERBENA RIGIDA PIGEON POINT COYOTE BRUSH YANKEE POINT WILD LILAC SILVER CARPET POVERTY WEED KURAPIA SANDPIPER VERBENA TURF UC VERDE BUFFALO GRASS KURAPIA ARTIFICIAL TURF EXTERIOR SLOPES FORM/FUNCTION: LARGE, BROAD, ROUND HEADED CANOPY TREE EXTERIOR SLOPE TREES 25% 1 GAL, 50% 5 GALLON, 25% 15 GAL MATURE HEIGHT & SPREAD SCREENING SLOPE TREES 25% 24" BOX, 75% 15 GALLON (100% 24" BOX IN STREET YARD) ACACIA FARNESIANA HETEROMELES ARBUTIFOLIA MALOSMA LAURINA RHUS INTEGRIFOLIA SWEET ACACIA TOYON LAUREL SUMAC LEMONADE BERRY 15'X15' 15'X15' 15'X20' 20'X20' FORM/FUNCTION: MEDIUM ROUND HEADED EVERGREEN TREES GEIJERA PARVIFLORA AUSTRALIAN WILLOW 25'X40' KOELREUTERIA PANICULATA GOLDEN RAIN TREE 40'X40' PLATANUS RACEMOSA SYCAMORE 40'X60' POPULUS FREMONTII BLACK COTTONWOOD 40'X60' QUERCUS AGRIFOLIA COAST LIVE OAK 30'X60' QUERCUS BERBERIDIFOLIA SCRUB OAK 15'X20' QUERCUS DUMOSA SOUTHERN OAK 15'X20' QUERCUS ENGELMANMII ENGLEMAN OAK 40'X60' SMALL TREES AND SHRUBS - 3' - 5' EVERGREEN, SCREENING & GROUNDCOVER 65% 1-GALLON, 35% 5 GAL. (GROUND COVER PLANT SPACING SHALL BE 10' ON CENTER) FORM/FUNCTION: EVERGREEN, SCREENING, NATIVE SAGE SCRUB SHRUBS ADOLPHIA CALIFORNICA SPRINESHRUB 4'X5' COMAROSTAPHYLIS DIVERSIFOLIA SUMMER HOLLY 10'X20' ENCELIA CALIFORNICA SAN DIEGO SUNFLOWER 3'X4' ELAEAGNUS PUNGENS SILVERBERRY 12'X12' ERIODICTYON TRICHOCALYX SMOOTH YERBA SANTA 4'X6' ERIOPHYLLUM CONFERTIFLORUM GOLDEN-YARROW 2'X3' ESCHSHOLZIA CALIFORNICA CALIFORNIA POPPY 2'X2' GNAPHALIUM CALIFORNICUM CA. PEARLY EVERLASTING 2'X2' HAZARDIA SQUARROSA COMMON HAZARDIA 8'X8' HETEROMELES ARBUTIFOLIA TOYON 10'X10' LOTUS SCOPARIUS DEERWEED 2'X3' MALOSMA LAURINA LAUREL SUMAC 15'X15' MIMULUS AURANTIACUS RED MONKEY FLOWER 5'X5' NEMOPHILA MENZIESI BABY BLUE EYES 6"X6" RHUS INTEGRAFOLIA LEMONADE BERRY 5'X6' SALVIA APIANA WHITE SAGE 5'X5' SALVIA CLEVELANDII CLEVELAND SAGE 4'X4' FORM/FUNCTION: SHADE, SEASONAL COLOR, MEDIUM TO LARGE CANOPY TRANSITION AREA TREES 100% 15 GAL AGONIS FLEXUOSA PLANTANUS RACEMOSA QUERCUS AGRIFOLIA QUERCUS ENGELMANNII MALOSMA LAURINA SAMBUUCUS MEXICANA UMBELLULARIA CALIFORNICA PEPPERMINT TREE CALIFORNIA SYCAMORE COAST LIVE OAK ENGLEMAN OAK LAUREL SUMAC ELDERBERRY CALIFORNIA LAUREL 30'x30' 25'x25' 20'x20' 45'x25' 20'x20' 40'x60' 30'X40' WATER EFFICIENT LANDSCAPE WORKSHEET VINES FICUS PUMILA PARTHENOCISSUS QUINQUEFOLIA CREEPING FIG VIRGINIA CREEPER FORM/FUNCTION: CLIMBERS FOR RETAINING WALL 5'x15' 4'x25' RECREATIONAL AREA LANDSCAPE TREATMENT RECREATIONAL AREAS WILL BE PLANTED WITH DROUGHT TOLERANT PLANTS THAT ARE ALSO SAFE FOR CHILDREN AND PETS. PLANTING SELECTION WILL PROVIDE PRIVACY (SCREENING), ALTERNATIVE LAWN AREA, AND BLEND IN WITH THE ADJACENT BASIN AND EXTERIOR SLOPES PLANTING. THE COMBINATION OF SMALL TO MEDIUM TEXTURALLY RICH TREES WILL BE COUPLED WITH GROUPINGS OF FLOWERING SHRUBS. GROUNDCOVER WILL BE ADDED TO PROVIDE A THIRD LEVEL OF VISUAL INTEREST. A LAWN ALTERNATIVE WILL BE INCLUDED TO PROVIDE A PLAY SPACE FOR CHILDREN AND PETS. ACCEPTABLE SPECIES INCLUDE BUT ARE NOT LIMITED TO: RECREATIONAL AREA PLANTING LEGEND 1.THE 120 DAY PEP WILL BE BEGIN FOLLOWING SUCCESSFUL COMPLETION OF REVEGETATION INSTALLATION AND ACCEPTANCE BY THE CITY REPRESENTATIVE. 2.THE MAINTENANCE PERIOD BEGINS FOLLOWING COMPLETION AND ACCEPTANCE OF THE 120 DAY PEP AND MAY BE EXTENDED AT THE DETERMINATION OF THE CITY REPRESENTATIVE. REVEGETATION AREA SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN 25 MONTHS (TABLE 2). ALL REVEGETATED AREAS SHALL BE MAINTAINED BY THE CONTRACTOR UNTIL FINAL APPROVAL BY THE CITY. 3.PRIOR TO FINAL APPROVAL, THE CITY REPRESENTATIVE MAY REQUIRE CORRECTIVE ACTION INCLUDING BUT NOT LIMITED TO RESEEDING AND THE REPAIR OF ANY SOIL EROSION OR SLOPE SLIPPAGE, IN CONSULTATION WITH THE PROJECT BIOLOGIST. 4.WEEDING AND/OR HERBICIDE APPLICATION SHALL BE DONE REGULARLY BY THE CONTRACTOR. WEEDING SHALL BE DONE AT A MINIMUM OF BIWEEKLY UNTIL THE END OF THE 120 DAY PEP, AND MONTHLY THROUGHOUT THE 25 MONTHS OF MAINTENANCE. MAINTENANCE REQUIREMENTS: Page 580 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O RTORTORTORTORTOR T O R T O R T O RTORTOR T O R TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR P4AP2P1P4BRP3RP2RP1R P4AP2P1P4BRP3RP2RP1R T O R T O RTORTORTORTOR T O R T O R T O R T O R T O R T O R P1.1 P3.1 B A P1.1 P2.1 P3.1 C P2.2 STREET TREE NOTE: IMPROVEMENT SUCH AS DRIVEWAYS UTILITIES, DRAINS AND WATER SEWER LATERALS SHALL BE DESIGNED SO AS NOT TO PROHIBIT THE PLACEMENT OF STREET TREES, ALL TO THE SATISFACTION OF THE DEVELOPMENT SERVICES DEPARTMENT. LANDSCAPE CONCEPT SECTIONS, ELEVATIONS, AND LEGENDS 16 " I AM FAMILIAR WITH THE REQUIREMENTS FOR LANDSCAPE AND IRRIGATION PLANS CONTAINED IN THE CITY OF CHULA VISTA'S LANDSCAPE MANUAL AND WATER CONSERVATION ORDINANCE, PER MUNICIPAL CODE CHAPTER 20.12. I HAVE PREPARED THIS PLAN IN COMPLIANCE WITH THOSE REGULATIONS AND THE LANDSCAPE MANUAL AND AGREE TO COMPLY WITH ALL REQUIREMENTS WHEN SUBMITTING CONSTRUCTION DOCUMENTS. I CERTIFY THAT THE PLAN IMPLEMENTS THOSE REGULATIONS TO PROVIDE EFFICIENT USE OF WATER." SIGNATURE DATE 6' SOLID FENCE SYMBOL ON PLAN:NTS SYMBOL ON PLAN: NTS MASONRY + GLASS VIEW FENCE & RADIANT HEAT WALL 3' LOW FENCE SYMBOL ON PLAN:NTS SPLIT 2 RAIL COMPOSITE FENCE W/ CHAINLINK SYMBOL ON PLAN:NTS MASONRY WALL SYMBOL ON PLAN:NTS PRECAST CONCRETE CAP ENTRY SIGNAGE TO BE SELECTED BY THE OWNER LEDGE STONE VENEER. TO BE SELECTED BY THE OWNER Nakano N.T.S. MONUMENT WALL DETAIL SYMBOL ON PLAN SPLIT 2 RAIL COMPOSITE FENCE SYMBOL ON PLAN:NTS REQUIRED RADIANT HEAT WALL SEE BRUSH MANAGEMENT PLAN PEELER POLE FENCE SYMBOL ON PLAN:NTS N.T.S. OVRP KIOSKLIGHTING SAMPLES POLE MOUNTED SITE LIGHTING TREE UPLIGHT MONUMENT LIGHTING BOLLARD LIGHTING DETACHED CONDO TYPICAL STREETSCAPE AND EXCLUSIVE USE AREA NTS BLOCK WALL ALONG STREET SIDE UNITS REMAINING LANDSCAPING OUTSIDE OF RESIDENTIAL EXCLUSIVE USE AREAS TO BE MAINTAINED BY HOA PR I V A T E ST R E E T PEDESTRIAN SCALE TREE - PER PLANT PALETTE COMMUNITY SIDEWALK - 4' WIDE CONCRETE WITH BROOM FINISH WALKWAY ACCESS TO EXCLUSIVE USE PRIVATE DRIVEWAY RESIDENTIAL EXCLUSIVE USE AREA SOLID CEDAR OR VINYL FENCE AT REAR CEDAR OR VINYL SIDEYARD FENCE GLASS AND BLOCK VIEW FENCE ALONG UNITS ADJACENT TO OPEN SPACE ROLL UP GARAGE DOOR 2 CAR GUEST PARKING 2 CAR GARAGE PARKING ACCENT TREE - PER PLANT PALETTE LARGE SCALE TREE - PER PLANT PALETTE MULTI-FAMILY TYPICAL STREETSCAPE AND EXCLUSIVE USE AREA NTS REMAINING LANDSCAPING OUTSIDE OF RESIDENTIAL EXCLUSIVE USE AREAS TO BE MAINTAINED BY HOA PRIVATE STREET PEDESTRIAN SCALE TREE - PER PLANT PALETTE COMMUNITY SIDEWALK - 4' WIDE CONCRETE WITH BROOM FINISH PRIVATE DRIVEWAY LOW WALL ALONG CENTRAL WALKWAY ROLL UP GARAGE DOOR LARGE SCALE TREE - PER PLANT PALETTE DUPLEX TYPICAL STREETSCAPE AND EXCLUSIVE USE AREA NTS BLOCK WALL ALONG STREET SIDE UNITS REMAINING LANDSCAPING OUTSIDE OF RESIDENTIAL EXCLUSIVE USE AREAS TO BE MAINTAINED BY HOA PR I V A T E ST R E E T PEDESTRIAN SCALE TREE - PER PLANT PALETTE COMMUNITY SIDEWALK - 4' WIDE CONCRETE WITH BROOM FINISH FRONT DOORWALKWAY ACCESS PRIVATE DRIVEWAY RESIDENTIAL EXCLUSIVE USE AREA SOLID CEDAR OR VINYL FENCE AT REAR CEDAR OR VINYL SIDEYARD FENCE GLASS AND BLOCK VIEW FENCE ALONG UNITS ADJACENT TO OPEN SPACE ROLL UP GARAGE DOOR 2 CAR GARAGE PARKING ACCENT TREE - PER PLANT PALETTE LARGE SCALE TREE - PER PLANT PALETTE 2 CAR GARAGE PARKING RESIDENTIAL EXCLUSIVE USE AREA PRIVATE STREET RESIDENTIAL CART LOCATION ON PICK UP DAY RESIDENTAL CART STORAGE SPACE. TRASH / ORGANICS / RECYCLE STANDARD 96 GAL. SIZE CART RESIDENTIAL CART LOCATION ON PICK UP DAY RESIDENTAL CART STORAGE SPACE. TRASH / ORGANICS / RECYCLE STANDARD 96 GAL. SIZE CART RESIDENTIAL CART LOCATION ON PICK UP DAY RESIDENTAL CART STORAGE SPACE. TRASH / ORGANICS / RECYCLE STANDARD 96 GAL. SIZE CART BENCH SEATING WITH ENHANCED PAVING N.T.S. OVRP TRAIL SIGN Page 581 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1P2.1 P3.1 C P2.2 P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 BP3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2P1 P4BR P3R P2R P1R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR T O RTORTORTORTOR T O R T O R T O R T O R T O R T O R RT NOTES: (5' - 50', PERMANENT IRRIGATION) THESE AREAS SHALL BE REGULARLY MAINTAINED BY THE HOME OWNER'S & HOA ADJACENT TO THE STRUCTURE, PLANTING WILL CONSIST OF ORNAMENTAL LANDSCAPING WITH PERMANENT IRRIGATION. THE NORTHERN SLOPE AREA SHALL PROVIDE PERMANENT BUBBLER IRRIGATION FOR THE PROPOSED NATIVE TREES. THE 10' WIDE PEDESTRIAN TRAIL WILL CONSIST OF DECOMPOSED GRANITE. (50' - 100', TEMPORARY IRRIGATION / THINNED VEGETATION) HYDROSEED PLANTING SHALL BE TEMPORARILY IRRIGATED WITH AN OVERHEAD IRRIGATION SYSTEM UNTIL ESTABLISHED. ONLY NATIVE VEGETATION SHALL BE PLANTED OR HYDROSEEDING. FUEL MODIFICATION ZONE 2 FUEL MODIFICATION ZONE 1 CITY OF SAN DIEGO BRUSH MANAGEMENT ZONE 17 1.ALL LANDSCAPE AND IRRIGATION SHALL CONFORM TO THE STANDARDS OF THE CITY WIDE LANDSCAPE REGULATIONS AND THE CITY OF SAN DIEGO LAND DEVELOPMENT MANUAL LANDSCAPE STANDARDS AND CITY OF CHULA VISTA LANDSCAPE REQUIREMENTS AND ALL OTHER LANDSCAPE RELATED CITY AND REGIONAL STANDARDS. 2.AN IRRIGATION SYSTEM (TEMPORARY AND PERMANENT) SHALL BE PROVIDED AS REQUIRED FOR PROPER IRRIGATION, DEVELOPMENT AND MAINTENANCE OF THE VEGETATION. THE DESIGN OF THE SYSTEM SHALL PROVIDE ADEQUATE SUPPORT FOR THE VEGETATION SELECTED. THE TEMPORARY IRRIGATION SYSTEM WILL BE DISCONNECTED AFTER 2 GROWING SEASONS. 3.ALL REQUIRED LANDSCAPE AREAS SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. THE LANDSCAPE AREAS SHALL BE MAINTAINED TO BE FREE OF DEBRIS AND LITTER AND ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY GROWING CONDITION; DISEASED OR DEAD PLANT MATERIAL SHALL BE SATISFACTORILY TREATED OR REPLACED PER THE CONDITIONS OF THE PERMIT. 4.ALL SLOPE REVEGETATION SHALL BE PLANTED AND TEMPORARY IRRIGATED IN ACCORDANCE TO THE STANDARDS REFERENCED AS SHOWN IN TABLE 142-04 F OF THE LAND DEVELOPMENT MANUAL -LANDSCAPE STANDARDS. ALL MANUFACTURED SLOPES SHALL BE PLANTED WITH ONE GALLON NATIVE TREES OR SHRUBS AT AN AVERAGE RATE OF ONE PER 900 SQUARE FEET. ALL CONTAINER STOCK SHALL BE PROVIDED WITH A SEPARATE TEMPORARY IRRIGATION SYSTEM. PLANTS USED FOR EROSION CONTROL ON DISTURBED SOIL AND SLOPES SHALL ACHIEVE 100% SOIL COVERAGE WITHIN TWO YEARS OF BEING INSTALLED. 5.THE HOMEOWNERS ASSOCIATION MAINTAINED LANDSCAPED AREAS SHALL HAVE A SEPARATE IRRIGATION SYSTEM WITH ITS OWN METER, CLOCK AND VALVES. ALL IRRIGATION SHALL BE INSTALLED PER CITY STANDARDS. 6.THERE SHALL BE NO IRRIGATION RUNOFF INTO THE ADJACENT NATURAL OPEN SPACE. (A) BRUSH MANAGEMENT IS REQUIRED IN ALL BASE ZONES ON THE FOLLOWING TYPES OF PREMISES: (1) PUBLICLY OR PRIVATELY OWNED PREMISES THAT ARE WITHIN 100 FEET OF A STRUCTURE AND CONTAIN NATIVE OR NATURALIZED VEGETATION. (2) EXCEPT FOR WETLANDS, ENVIRONMENTALLY SENSITIVE LANDS THAT ARE WITHIN 100 FEET OF A STRUCTURE, UNLESS THE FIRE CHIEF DEEMS BRUSH MANAGEMENT NECESSARY IN WETLANDS IN ACCORDANCE WITH SECTION 142.0412 (I). WHERE BRUSH MANAGEMENT IN WETLANDS IS DEEMED NECESSARY BY THE FIRE CHIEF, THAT BRUSH MANAGEMENT SHALL NOT QUALIFY FOR AN EXEMPTION UNDER THE ENVIRONMENTALLY SENSITIVE LANDS REGULATIONS,SECTION 143.0110(C)(7). (B) BRUSH MANAGEMENT ZONES. WHERE BRUSH MANAGEMENT IS REQUIRED, A COMPREHENSIVE PROGRAM SHALL BE IMPLEMENTED THAT REDUCES FIRE HAZARDS AROUND STRUCTURES BY PROVIDING AN EFFECTIVE FIRE BREAK BETWEEN ALL STRUCTURES AND CONTIGUOUS AREA OF NATIVE OR NATURALIZED VEGETATION. THIS FIRE BREAK SHALL CONSIST OF TWO DISTINCT BRUSH MANAGEMENT AREAS CALLED "ZONE ONE" AND "ZONE TWO" AS SHOWN IN DIAGRAM 142-04D. DIAGRAM 142-04D BRUSH MANAGEMENT ZONES (1) BRUSH MANAGEMENT ZONE ONE IS THE AREA ADJACENT TO THE STRUCTURE, SHALL BE LEAST FLAMMABLE, AND SHALL CONSIST OF PAVEMENT AND PERMANENTLY IRRIGATED ORNAMENTAL PLANTING. BRUSH MANAGEMENT ZONE ONE SHALL NOT BE ALLOWED ON SLOPES WITH A GRADIENT GREATER THAN 4:1 (4 HORIZONTAL FEET TO 1 VERTICAL FOOT) UNLESS THE PROPERTY THAT RECEIVED TENTATIVE MAP APPROVAL BEFORE NOVEMBER 15, 1989 OR AS MODIFIED PER THIS PLAN. HOWEVER, WITHIN THE COASTAL OVERLAY ZONE COASTAL DEVELOPMENT SHALL BE SUBJECT TO THE ENCROACHMENT LIMITATIONS SET FORTH IN SECTION 143.0142 (A)(4) OF THE ENVIRONMENTALLY SENSITIVE LANDS REGULATIONS. (2) BRUSH MANAGEMENT ZONE TWO IS THE AREA BETWEEN ZONE ONE AND ANY AREA OF NATIVE OR NATURALIZED VEGETATION AND SHALL CONSIST OF THINNED, NATIVE OR NON-IRRIGATED VEGETATION. (C) EXCEPT AS PROVIDED IN SECTION 142.0412 (F) OR 142.0412 (I), THE WIDTH OF ZONE ONE AND ZONE TWO SHALL NOT EXCEED 100 FEET AND SHALL MEET THAT SHOWN IN TABLE 142-04H. BOTH ZONE ONE AND ZONE TWO SHALL BE PROVIDED ON THE SUBJECT PROPERTY UNLESS A RECORDED EASEMENT IS GRANTED BY AN ADJACENT PROPERTY OWNER TO THE OWNER OF THE SUBJECT PROPERTY TO ESTABLISH AND MAINTAIN THE REQUIRED BRUSH MANAGEMENT ZONE(S) ON THE ADJACENT PROPERTY IN PERPETUITY. (D)BRUSH MANAGEMENT ACTIVITIES ARE PROHIBITED WITHIN COASTAL SAGE SCRUB, MARITIME SUCCULENT SCRUB, AND COASTAL SAGE-CHAPARRAL HABITATS FROM MARCH 1 THROUGH AUGUST 15, EXCEPT WHERE DOCUMENTED TO THE SATISFACTION OF THE CITY MANAGER THAT THE THINNING WOULD BE CONSISTENT WITH CONDITIONS OF SPECIES COVERAGE DESCRIBED IN THE CITY OF SAN DIEGO'S MSCP SUBAREA PLAN. (E) WHERE ZONE ONE WIDTH IS REQUIRED ADJACENT TO THE MHPA OR WITHIN THE COASTAL OVERLAY ZONE, ANY OF THE FOLLOWING MODIFICATIONS TO DEVELOPMENT REGULATIONS OF THE LAND DEVELOPMENT CODE OR STANDARDS IN THE LAND DEVELOPMENT MANUAL ARE PERMITTED TO ACCOMMODATE THE INCREASE IN WIDTH: (1) THE REQUIRED FRONT YARD SETBACK OF THE BASE ZONE MAY BE REDUCED BY 5 FEET, (2) A SIDEWALK MAY BE ELIMINATED FROM ONE SIDE OF THE PUBLIC RIGHT-OF-WAY AND THE MINIMUM REQUIRED PUBLIC RIGHT-OF-WAY WIDTH MAY BE REDUCED BY 5 FEET, OR (3) THE OVERALL MINIMUM PAVEMENT AND PUBLIC RIGHT-OF-WAY WIDTH MAY BE REDUCED IN ACCORDANCE WITH THE STREET DESIGN STANDARDS OF THE LAND DEVELOPMENT MANUAL. 1 (F) THE ZONE TWO WIDTHS MAY BE DECREASED BY 1-1/2 FEET FOR EACH 1 FOOT OF INCREASE IN ZONE ONE WIDTH UP TO A MAXIMUM REDUCTION OF 30 FEET OF ZONE TWO WIDTH. (G) ZONE ONE REQUIREMENTS (1) THE REQUIRED ZONE ONE WIDTH SHALL BE PROVIDED BETWEEN NATIVE OR NATURALIZED VEGETATION AND ANY STRUCTURE AND SHALL BE MEASURED FROM THE EXTERIOR OF THE STRUCTURE TO THE VEGETATION. (2) ZONE ONE SHALL CONTAIN NO HABITABLE STRUCTURES, STRUCTURES THAT ARE DIRECTLY ATTACHED TO HABITABLE STRUCTURES, OR OTHER COMBUSTIBLE CONSTRUCTION THAT PROVIDES A MEANS FOR TRANSMITTING FIRE TO THE HABITABLE STRUCTURES. STRUCTURES SUCH AS FENCES, WALLS, PALAPAS, PLAY STRUCTURES, AND NON-HABITABLE GAZEBOS THAT ARE LOCATED WITHIN BRUSH MANAGEMENT ZONE ONE SHALL BE OF NONCOMBUSTIBLE CONSTRUCTION. (3) PLANTS WITHIN ZONE ONE SHALL BE PRIMARILY LOW-GROWING AND LESS THAN 4 FEET IN HEIGHT WITH THE EXCEPTION OF TREES. PLANTS SHALL BE LOW-FUEL AND FIRE-RESISTIVE. (4) TREES WITHIN ZONE ONE SHALL BE LOCATED AWAY FROM STRUCTURES TO A MINIMUM DISTANCE OF 10 FEET AS MEASURED FROM THE STRUCTURES TO THE DRIP LINE OF THE TREE AT MATURITY IN ACCORDANCE WITH THE LANDSCAPE STANDARDS OF THE LAND DEVELOPMENT MANUAL. (5) PERMANENT IRRIGATION IS REQUIRED FOR ALL PLANTING AREAS WITHIN ZONE ONE EXCEPT AS FOLLOWS: (A) WHEN PLANTING AREAS CONTAIN ONLY SPECIES THAT DO NOT GROW TALLER THAN 24 INCHES IN HEIGHT, OR (B) WHEN PLANTING AREAS CONTAIN ONLY NATIVE OR NATURALIZED SPECIES THAT ARE NOT SUMMER-DORMANT AND HAVE A MAXIMUM HEIGHT AT PLANT MATURITY OF LESS THAN 24 INCHES. (6) ZONE ONE IRRIGATION OVERSPRAY AND RUNOFF SHALL NOT BE ALLOWED INTO ADJACENT AREAS OF NATIVE OR NATURALIZED VEGETATION. (7) ZONE ONE SHALL BE MAINTAINED ON A REGULAR BASIS BY PRUNING AND THINNING PLANTS, CONTROLLING WEEDS, AND MAINTAINING IRRIGATION SYSTEMS. (H) ZONE TWO REQUIREMENTS (1) THE REQUIRED ZONE TWO WIDTH SHALL BE PROVIDED BETWEEN ZONE ONE AND THE UNDISTURBED, NATIVE OR NATURALIZED VEGETATION, AND SHALL BE MEASURED FROM THE EDGE OF ZONE ONE THAT IS FARTHEST FROM THE HABITABLE STRUCTURE, TO THE EDGE OF UNDISTURBED VEGETATION. (2) NO STRUCTURES SHALL BE CONSTRUCTED IN ZONE TWO. (3) WITHIN ZONE TWO, 50 PERCENT OF THE PLANTS OVER 24 INCHES IN HEIGHT SHALL BE REDUCED TO A HEIGHT OF 6 INCHES. NON-NATIVE PLANTS SHALL BE REDUCED IN HEIGHT BEFORE NATIVE PLANTS ARE REDUCED IN HEIGHT. (4) WITHIN ZONE TWO, ALL PLANTS REMAINING AFTER 50 PERCENT ARE REDUCED IN HEIGHT, SHALL BE PRUNED TO REDUCE FUEL LOADING IN ACCORDANCE WITH THE LANDSCAPE STANDARDS IN THE LAND DEVELOPMENT MANUAL. NON-NATIVE PLANTS SHALL BE PRUNED BEFORE NATIVE PLANTS ARE PRUNED. (5) THE FOLLOWING STANDARDS SHALL BE USED WHERE ZONE TWO IS IN AN AREA PREVIOUSLY GRADED AS PART OF LEGAL DEVELOPMENT ACTIVITY AND IS PROPOSED TO BE PLANTED WITH NEW PLANT MATERIAL INSTEAD OF CLEARING EXISTING NATIVE OR NATURALIZED VEGETATION: (A) ALL NEW PLANT MATERIAL FOR ZONE TWO SHALL BE NATIVE NON-IRRIGATED, LOW-FUEL, AND FIRE-RESISTIVE. NO NON-NATIVE PLANT MATERIAL MAY BE PLANTED IN ZONE TWO EITHER INSIDE THE MHPA OR IN THE COASTAL OVERLAY ZONE, ADJACENT TO AREAS CONTAINING SENSITIVE BIOLOGICAL RESOURCES. (B) NEW PLANTS SHALL BE LOW-GROWING WITH A MAXIMUM HEIGHT AT MATURITY OF 24 INCHES. SINGLE SPECIMENS OF NATIVE TREES AND TREE FORM SHRUB MAY EXCEED THIS LIMITATION IF THEY ARE LOCATED TO REDUCE THE CHANCE OF TRANSMITTING FIRE FROM NATIVE OR NATURALIZED VEGETATION TO HABITABLE STRUCTURES AND IF THE VERTICAL DISTANCE BETWEEN THE LOWEST BRANCHES OF THE TREES AND THE TOP OF ADJACENT PLANTS ARE THREE TIMES THE HEIGHT OF THE ADJACENT PLANTS TO REDUCE THE SPREAD OF FIRE THROUGH LADDER FUELING. (C) ALL NEW ZONE TWO PLANTINGS SHALL BE IRRIGATED TEMPORARILY UNTIL ESTABLISHED TO THE SATISFACTION OF THE CITY MANAGER. ONLY LOW-FLOW, LOW-GALLONAGE SPRAY HEADS MAY BE USED IN ZONE TWO. OVERSPRAY AND RUNOFF FROM THE IRRIGATION SHALL NOT DRIFT OR FLOW INTO ADJACENT AREAS OF NATIVE OR NATURALIZED VEGETATION. TEMPORARY IRRIGATION SYSTEMS SHALL BE REMOVED UPON APPROVED ESTABLISHMENT OF THE PLANTINGS. PERMANENT IRRIGATION IS NOT ALLOWED IN ZONE TWO. (D) WHERE ZONE TWO IS BEING REVEGETATED AS A REQUIREMENT OF SECTION 142.0411(A), REVEGETATION SHALL COMPLY WITH THE SPACING STANDARDS IN THE LAND DEVELOPMENT MANUAL. FIFTY PERCENT OF THE PLANTING AREA SHALL BE PLANTED WITH MATERIAL THAT DOES NOT GROW TALLER THAN 24 INCHES. THE REMAINING PLANTING AREA MAY BE PLANTED WITH TALLER MATERIAL, BUT THIS MATERIAL SHALL BE MAINTAINED IN ACCORDANCE WITH THE REQUIREMENTS FOR EXISTING PLANT MATERIAL IN ZONE TWO. (6) ZONE TWO SHALL BE MAINTAINED ON A REGULAR BASIS BY PRUNING AND THINNING PLANTS AND CONTROLLING WEEDS. (7) EXCEPT AS PROVIDED IN SECTION 142.0412(I), WHERE THE REQUIRED ZONE ONE WIDTH SHOWN IN TABLE 142-04H CANNOT BE PROVIDED ON PREMISES WITH EXISTING STRUCTURES, THE REQUIRED ZONE TWO WIDTH SHALL BE INCREASED BY ONE FOOT FOR EACH FOOT OF REQUIRED ZONE ONE WIDTH THAT CANNOT BE PROVIDED. (I) THE FIRE CHIEF MAY MODIFY THE REQUIREMENTS OF THIS SECTION IF THE FOLLOWING CONDITIONS EXIST: (1) IN THE WRITTEN OPINION OF THE FIRE CHIEF, BASED UPON A FIRE FUEL LOAD MODEL REPORT CONDUCTED BY A CERTIFIED FIRE BEHAVIOR ANALYST, THE REQUIREMENTS OF SECTION 142.0412 FAIL TO ACHIEVE THE LEVEL OF FIRE PROTECTION INTENDED BY THE APPLICATION OF ONES ONE AND TWO; AND (2) THE MODIFICATION TO THE REQUIREMENTS ACHIEVES AN EQUIVALENT LEVEL OF FIRE PROTECTION AS PROVIDED BY SECTION 142.0412, OTHER REGULATIONS OF THE LAND DEVELOPMENT CODE, AND THE MINIMUM STANDARDS CONTAINED IN THE LAND DEVELOPMENT MANUAL; AND (3) THE MODIFICATION TO THE REQUIREMENTS IS NOT DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, AND WELFARE OF PERSONS RESIDING OR WORKING IN THE AREA. (J) IF THE FIRE CHIEF APPROVES A MODIFIED PLAN IN ACCORDANCE WITH THIS SECTION AS PART OF THE CITY'S APPROVAL OF A DEVELOPMENT PERMIT, THE MODIFICATIONS SHALL BE RECORDED WITH THE APPROVED PERMIT CONDITIONS. (K) FOR EXISTING STRUCTURES, THE FIRE CHIEF MAY REQUIRE BRUSH MANAGEMENT IN COMPLIANCE WITH THIS SECTION FOR ANY AREA, INDEPENDENT OF SIZE, LOCATION, OR CONDITION IF IT IS DETERMINED THAT AN IMMINENT FIRE HAZARD EXISTS. (L) MANAGEMENT FOR EXISTING STRUCTURES SHALL BE PERFORMED BY THE OWNER OF THE PROPERTY THAT CONTAINS THE NATIVE AND NATURALIZED VEGETATION. THIS REQUIREMENT IS INDEPENDENT OF WHETHER THE STRUCTURE BEING PROTECTED BY BRUSH MANAGEMENT IS OWNED BY THE PROPERTY OWNER SUBJECT TO THESE REQUIREMENTS OR IS ON NEIGHBORING PROPERTY. (M) ALL AMENITIES LOCATED WITHIN THE BRUSH MANAGEMENT ZONES WILL CONFORM TO THE BRUSH MANAGEMENT PLAN. ALTERNATIVE COMPLIANCE: -Buildings 1,14-15, 28-29, 42 of the Duplex product, buildings 17-18, 47-61 of the Detached product, and buildings 1, 4-5, 8 of Multi Family product will have alternative compliance per Section 142.0412 Section I. A radiant heat wall shall be provided as shown on the plans. In addition, the habitable structure shall be fire rated on the side with the Radiant Heat Wall. That is, the East side wall of buildings 17,18,47,48 of the Detached product, buildings 4,5 of the Multi Family product, buildings 14,15,42 of the Duplex product shall have upgraded opening protection of dual glazed/dual tempered panes, including a 10' perpendicular return along the adjacent wall faces. The West side walls of buildings 1,8 of the Multi Family product, buildings 1,28,29 of the Duplex product shall have upgraded opening protection of dual glazed/dual tempered panes, including a 10' perpendicular return along the adjacent wall faces. The North side walls of buildings 48-61 of the Detached product shall have upgraded opening protection of dual glazed/dual tempered panes, including a 10' perpendicular return along the adjacent wall faces. For all Alternative Compliance buildings, Zone One will be provided between non-combustible radiant heat wall and the habitable structure. BRUSH MANAGEMENT SIGN EXPLAINING THIS IS AN "ENVIRONMENTALLY SENSITIVE AREA: NO BRUSH MANAGEMENT SHALL BE PERFORMED BEYOND THIS POINT." SOUTHERN WILLOW SCRUB WETLAND EMERGENT WETLAND REQUIRED RADIANT HEAT WALL PLUS DUAL GLAZED / DUAL TEMPERED PANES FUEL MODIFICATION ZONE 1 FUEL MODIFICATION ZONE 2 FUEL MODIFICATION ZONE 1 FUEL MODIFICATION ZONE 1 FUEL MODIFICATION ZONE 2 20' ROADWAY ZONE FUEL MODIFICATION ZONE 1 (0 ' - 5', NON-COMBUSTIBLE) THESE AREAS SHALL BE REGULARLY MAINTAINED BY THE HOME OWNER'S & HOA ADJACENT TO THE STRUCTURE, PLANTING WILL CONSIST OF ORNAMENTAL LANDSCAPING WITH PERMANENT IRRIGATION. FUEL MODIFICATION ZONE 0 CITY OF CHULA VISTA FUEL MODIFICATION ZONE FOR ANY ADDITIONAL INFORMATION SEE FIRE PROTECTION PLAN FROM DUDEK CRITERIA ZONE WIDTHS ZONE 0 WIDTH 5' ZONE 1 WIDTH 45' ZONE 2 WIDTH 50' CHULA VISTA FIRE DEPARTMENT (CVFD) FUEL MODIFICATION WIDTH REQUIREMENTS CRITERIA ZONE WIDTHS ZONE ONE WIDTH 35' ZONE TWO WIDTH 65' TABLE 142-04H BRUSH MANAGEMENT ZONE WIDTH REQUIREMENTS FUEL MODIFICATION ZONE 10' ROADSIDE ZONE 20' ROADSIDE ZONE FUEL MODIFICATION ZONE 0 FUEL MODIFICATION ZONE 0 FUEL MODIFICATION ZONE 2 10' ROADSIDE ZONE FUEL MODIFICATION ZONE 0 FUEL MODIFICATION ZONE 0 FUEL MODIFICATION PLAN MASONRY BLOCK WALL PROVIDED TO COMPLY WITH ALTERNATIVE COMPLIANCE FUEL MODIFICATION ZONE 2 Page 582 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1P2.1 P3.1 C P2.2 P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 BP3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2P1 P4BR P3R P2R P1R MBFFSM C SS 1 SYMBOL MANUFACTURER/MODEL/DESCRIPTION Hunter ICV-G-R 1", 1-1/2", 2", and 3" Plastic Electric Remote Control Valves, Globe Configuration, with NPT Threaded Inlet/Outlet, for Commercial/Municipal Use. With Reclaimed Water ID, Purple Handle. HIT (Rain-Pro) BVS PVC Ball Valve, Slip Socket Connection, 1/2" (1,27cm) - 4" (10,16cm), same size as pipe. Place in a NDS 6" round valve box. Hunter ICV-G-R 2" 1", 1-1/2", 2", and 3" Plastic Electric Master Valve, Globe Configuration, with NPT Threaded Inlet/Outlet, for Commercial/Municipal Use. With Reclaimed Water ID, Purple Handle. Febco 825Y 2" Reduced Pressure Backflow Preventer Hunter PED-SS-A2C-225D-SS 225-Station decoder controller with one (3) A2C-D75 module in an outdoor stainless steel pedestal. Contractor to provide all needed decoders and surge suppression as recommended per manufacturer Hunter Solar-Sync Solar, rain freeze sensor with outdoor interface, connects to Hunter PCC, Pro-C, and I-Core Controllers, install as noted. Includes 10 year lithium battery and rubber module cover, and gutter mount bracket. Wired. Badger Model IR-220P V.I.T. Products SBBC-22SS Low profile, tube and wire construction smooth touch surface, stainless steel backflow enclosure. 23.5"L, 28"H, 17.75"W (59.69cm L, 71.12cm H, 45.085cm W). Water Meter 2" Nakano POC Irrigation Mainline: PVC Schedule 40 M BF C SS FS XX M #" # Valve Number Valve Size Valve Flow Valve Callout # IRRIGATION SCHEDULE STREET TREE NOTE: IMPROVEMENT SUCH AS DRIVEWAYS UTILITIES, DRAINS AND WATER SEWER LATERALS SHALL BE DESIGNED SO AS NOT TO PROHIBIT THE PLACEMENT OF STREET TREES, ALL TO THE SATISFACTION OF THE DEVELOPMENT SERVICES DEPARTMENT. CONCEPTUAL IRRIGATION PLAN LANDSCAPE CONCEPT IRRIGATION PLAN 18 DEN N E R Y R D BASIN ACC E S S R O A D IRRIGATION METER LOCATION 2" METER W/ 2" COPPER LATERAL " I AM FAMILIAR WITH THE REQUIREMENTS FOR LANDSCAPE AND IRRIGATION PLANS CONTAINED IN THE CITY OF CHULA VISTA'S LANDSCAPE MANUAL AND WATER CONSERVATION ORDINANCE, PER MUNICIPAL CODE CHAPTER 20.12. I HAVE PREPARED THIS PLAN IN COMPLIANCE WITH THOSE REGULATIONS AND THE LANDSCAPE MANUAL AND AGREE TO COMPLY WITH ALL REQUIREMENTS WHEN SUBMITTING CONSTRUCTION DOCUMENTS. I CERTIFY THAT THE PLAN IMPLEMENTS THOSE REGULATIONS TO PROVIDE EFFICIENT USE OF WATER." SIGNATURE DATE PARK PARK IRRIGATION DESIGN: ORNAMENTAL LANDSCAPE AREAS WILL BE SERVED BY A PERMANENT, AUTOMATIC MULTIPLE- VALVE IRRIGATION SYSTEM. THIS SYSTEM WILL USE LOW PRECIPITATION HEADS, SEGREGATED BASED ON PLANT MATERIAL TYPE AND ASPECT, AND BE DESIGNED TO MINIMIZE OVERSPRAY ONTO ANY NATIVE AREAS, HARDSCAPE SURFACE. RECYCLED WATER MAY BE USED, IF AVAILABLE. PERMANENT IRRIGATION WILL BE PROVIDED FOR THE REQUIRED STREET TREES AND INTERIOR SLOPES PER THE PLANT LEGEND SHEET. TEMPORARY ABOVE GRADE IRRIGATION WILL BE PROVIDED FOR THE PERIMETER SLOPES ASSOCIATED WITH PAD GRADING, TO REVEGETATE AND STABILIZE THE SLOPES FOR EROSION CONTROL. ALL PROPOSED IRRIGATION SYSTEMS WILL USE AN APPROVED AUTOMATIC SMART CONTROL WITH RAIN SENSOR SHUTOFF DEVICE. IRRIGATION NOTE: ALL IRRIGATION ON OVRP OPEN SPACE SHALL BE A TEMPORARY ON-GRADE SYSTEM REMOVED UPON ACCEPTANCE OF THE REVEGETATION BY THE CITY OF SAN DIEGO PARKS & RECREATION DEPT. Page 583 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda LANDSCAPE CONCEPT IMAGES 19 MASONRY BLOCK WALL - SMOOTH SHOTBLAST CONCRETE COLOR WITH TOPCAST FINISH / BROOM FINISH PEWTER SAN DIEGO BUFF TOPCAST #3 - ACID ETCH CONCRETE FINISH SMOOTH CONCRETE WALL CAP ENHANCED PAVING AQUALINA PAVER BY ANGELUS BLOCK CO. COMPOSITE WOOD SPLIT 2-RAIL FENCE SEQUIOA FENCE IN WHITE BY URBAN DESIGN FENCING MASONRY AND GLASS VIEW FENCE VINYL FENCING - 3' AND 6' TALL / CEDAR WOOD FENCING POTENTIAL MONUMENT SIGN POTENTIAL OVERHEAD STRUCTURE - SHADE SAIL STEEL AND COMPOSITE WOOD BENCHES ADVENTURE PLAYGROUND (AGES 5-12) WITH BOULDER CLIMBER, LOG STEPPERS, AND LOG BALANCE BEAM PLAYGROUND EQUIPMENT (AGES 2-5) - SPRING RIDERS Page 584 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1P2.1 P3.1 C P2.2 P3.1 C P2.2 P1.1 P3.1 B A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1P1.1P3.1 B P3.1 C P2.2 A P1.1P2.1 A P1.1 P2.1 P1.1 P3.1 B P3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 BP3.1 C P2.2 A P1.1 P2.1 P3.1 C P2.2 P1.1 P3.1 B P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2P1 P4BR P3R P2R P1R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O R T O RTOR T O R T O R T O R T O R T O R T O R T O R T O R TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR TOR T O RTORTORTORTOR T O R T O R T O R T O R T O R T O R RT CHILDREN'S PLAYGROUND (AGES 2-5) WITH (2) SPRING RIDERS CHILDREN'S ADVENTURE PLAYGROUND (AGES 5-12) WITH STEPPERS AND BOULDER CLIMBER DECOMPOSED GRANITE TRAIL OVERLOOK BENCH SEATING D.G. TRAIL W/ SPLIT 2-RAIL FENCE CONNECTION TO OVRP TRAIL SYSTEM OVRP TRAIL SYSTEM CONNECTION TO NORTH-SOUTH LAND BRIDGE TRAIL OVER THE OTAY RIVER CONNECTION TO OVRP TRAIL SYSTEM RECREATION AREA AND OVERLOOK ·BENCH SEATING ·DG WALKWAYS ·EVERGREEN SHADE TREE ·FLOWER SHRUB AND GROUNDCOVER ·BOLLARD LIGHTING D.G. TRAIL W/ SPLIT 2-RAIL FENCE DOG PARK ·SMALL/LARGE DOG AREAS ·LEASHING AREAS ·DG SURFACE PASSIVE RECREATION AREA ·BENCH SEATING ·DG WALKWAY ·EVERGREEN SHADE TREE ·FLOWER SHRUB AND GROUNDCOVER ·BOLLARD LIGHTING ACTIVE RECREATION AREA ·BALANCE BEAM LOGS ·LOG STEPPERS ·EVERGREEN SHADE TREE ·SHRUBS AND GROUNDCOVER ·BENCH SEATING D.G. TRAIL CONNECTION TO OVRP TRAIL SYSTEM BICYCLE PLAYGROUND PASSIVE OVERLOOKS WITH PICNIC TABLES OPEN PLAY TURF AREA OUTDOOR FITNESS EQUIPMENT BASKETBALL COURT TRAILHEAD WITH SIGN SKATEPARK ADVENTURE PLAYGROUND DOG PARK CHILDREN'S PLAYGROUND PUBLIC PEDESTRIAN CONNECTION FROM DENNERY ROAD TO OVRP TRAIL OVRP TRAIL CONNECTION TO CALTRANS ATP BIKE BRIDGE AND TRAIL, ATP BIKE BRIDGE TRAIL PATH TO ATP BIKE BRIDGE NOTE: NEIGHBORHOOD PARK IS PART OF SEPARATE PROJECT PUBLIC PEDESTRIAN CONNECTION FROM DENNERY ROAD TO OVRP TRAIL LANDSCAPE CONCEPT PLAN: PARK CONNECTIONS Page 585 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4865-1619-4399.6 -1- PROPERTY TAX EXCHANGE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO RELATING TO THE NAKANO ANNEXATION This PROPERTY TAX EXCHANGE AGREEMENT (“Agreement”) is entered into this ____ day of _____________, 202_ made by and between the CITY OF CHULA VISTA, a municipal corporation and California charter city, (“Chula Vista”), and the CITY OF SAN DIEGO, a municipal corporation and California charter city, (“San Diego”). Chula Vista and San Diego are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties.” RECITALS A. On June 6, 1978, the voters of the State of California amended the California Constitution by adding Article XIIIA thereto which limited the total amount of property taxes which could be levied on property by local taxing agencies having such property within their territorial jurisdiction to one precent (1%) of full cash value. B. Subsequently, the California Legislature added Section 99 to the California Revenue and Taxation Code, which requires a city seeking to annex property to its incorporated territory and another local agency affected by such annexation to agree upon an exchange of property taxes derived from such property and available to the local agencies following annexation of the property to the incorporated territory of the city. C. San Diego will file an application with the San Diego Local Agency Formation Commission requesting its approval of the annexation of approximately 23.8 acres of real property to San Diego (the “Nakano Annexation”). D. Chula Vista and San Diego wish to work together to develop a fair and equitable approach to the sharing of real property ad valorem taxes imposed and collected as authorized by the Revenue and Taxation Code in order to encourage sound urban development and economic growth. E. The purpose of this Agreement is to serve as a Property Tax Transfer Agreement pursuant to the California Revenue and Taxation Code for the Nakano Annexation. In consideration of the exchange of tax revenue, as provided for in this Agreement, and for other good and valuable consideration, the sufficiency of which is acknowledged by the Parties, Chula Vista and San Diego agree as follows: 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meanings set forth below: a. “Annexation Area” shall mean that portion of Chula Vista designated for annexation into San Diego known as the Nakano Annexation, as more fully described in Exhibit A and depicted in Exhibit B attached hereto and incorporated herein. Page 586 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4865-1619-4399.6 -2- b. “Annexation Date” shall mean the date specified by the San Diego Local Agency Formation Commission consistent with the Cortese-Knox-Hertzberg Local Governmental Reorganization Act of 2000 (California Government Code §§ 56000, et seq.) as the effective date of the Nakano Annexation. c. “Nakano Annexation” shall mean the annexation to San Diego, as delineated in San Diego Local Agency Formation Commission Application Control Number “______________”, of which is subsequently approved and completed by the San Diego Local Agency Formation Commission as provided for in the Cortese-Knox-Hertzberg Local Governmental Reorganization Act of 2000 (California Government Code § 56000 et seq.) d. “Property Tax Revenue” shall mean revenue from “ad valorem real property taxes on real property”, as said term is used in Section 1 of Article XIIIA of the California Constitution and more particularly defined in subsection (c) of Section 95 of the California Revenue and Taxation Code, that is collected from within the Annexation Area, is available for allocation to Chula Vista and San Diego. 2. GENERAL PURPOSE OF AGREEMENT. The general purpose of this Agreement is to devise an equitable exchange of Property Tax Revenue between Chula Vista and San Diego as required by Section 99 of the California Revenue and Taxation. 3. EXCHANGE OF TAX REVENUES. Chula Vista and San Diego shall exchange Property Tax Revenue: a. On and after the Annexation Date, Chula Vista shall receive none of the Property Tax Revenue from the Annexation Area when and as such revenues are apportioned to jurisdictions in the tax rate area by the County of San Diego Auditor (“County Auditor”) pursuant to Article 2 of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code, including Revenue and Taxation Code section 96.1. b. Before the Annexation Date, San Diego does not receive and shall receive none of the annual tax increment from the Annexation Area when and as such revenues are apportioned to jurisdictions in the tax rate area by the County Auditor pursuant to Article 2 of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code, including Revenue and Taxation Code section 96.5. 4. EXCHANGE BY COUNTY AUDITOR. Chula Vista and San Diego agree that all of the exchanges of Property Tax Revenue required by this Agreement shall be made by the County Auditor. 5. DISPUTE RESOLUTION. In the event of any dispute arising out of or relating to this Agreement, the Parties shall attempt, in good faith, to promptly resolve the dispute mutually between themselves. If the dispute cannot be resolved within thirty (30) calendar days of initiating such negotiations or such other time period as may be mutually agreed to by the Parties in writing, either party may pursue its available legal and equitable remedies, pursuant to the laws of the State of California. Page 587 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4865-1619-4399.6 -3- 6. MUTUAL DEFENSE OF AGREEMENT. If the validity of this Agreement is challenged in any legal action by a party other than Chula Vista or San Diego, then Chula Vista and San Diego agree to defend jointly against the legal challenge. 7. WAIVER OF RETROACTIVE RECOVERY. If the validity of this Agreement is challenged in any legal action brought by either Party or any third party, the Parties hereby waive any right to the retroactive recovery of any Property Tax Revenues, exchanged pursuant to this Agreement prior to the date on which such legal action is filed in a court of competent jurisdiction. The remedy available in any such legal action shall be limited to a prospective invalidation of the Agreement. 8. MODIFICATION. The provision of this Agreement and all of the covenants and conditions set forth herein may be modified or amended only by a writing duly authorized and executed by both Chula Vista and San Diego. 9. REFORMATION. Chula Vista and San Diego understand and agree that this Agreement is based upon existing law, and that such law may be substantially amended in the future. In the event of an amendment of state law which renders this Agreement invalid or inoperable or which denies any party thereto the full benefit of this Agreement as set forth herein, in whole or in part, then Chula Vista and San Diego agree to renegotiate the Agreement in good faith. 10. EFFECT OF TAX EXCHANGE AGREEMENT. This Agreement shall be applicable solely to the Nakano Annexation and does not constitute either a master tax sharing agreement between the Parties or an agreement on property tax exchanges which may be required for any other annexation to San Diego. 11. ENTIRE AGREEMENT. With respect to the subject matter hereof only, this Agreement supersedes any and all previous negotiations, proposals, commitments, writings, and understandings of any nature whatsoever between Chula Vista and San Diego except as otherwise provided herein and in that certain Annexation Agreement entered into by the Parties dated ____________. 12. NOTICES. All notices, requests, certifications or other correspondence required to be provided by the Parties to this Agreement shall be in writing and shall be personally delivered or delivered by first class mail and electronic mail to the respective Parties at the following addresses: If to Chula Vista: City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Attn: City Manager Page 588 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4865-1619-4399.6 -4- With a Copy to: Office of the City Attorney City of Chula Vista 276 4th Avenue Chula Vista, California 91910 Attn: City Attorney Email: mverdugo@chulavistaca.gov If to City of San Diego: Development Services Department City of San Diego 1222 1st Avenue San Diego, California 92101 Attn: Elyse Lowe, Director With a Copy to: Planning Department City of San Diego 202 C Street, M.S. 413 San Diego, California 92101 Attn: Tait Galloway, Deputy Director – Community Planning & Housing With a Copy to: Office of the City Attorney City of San Diego 1200 Third Avenue, Suite 1620 San Diego, California 92101 Attn: Corrine Neuffer, Esq. Notice by personal delivery and electronic mail shall be effective immediately upon delivery. Notice by mail shall be effective upon receipt or three days after mailing, whichever is earlier. 13. APPROVAL, CONSENT, AND AGREEMENT. Wherever this Agreement requires a Party’s approval, consent, or agreement, the Party shall make its decision to give or withhold such approval, consent or agreement in good faith, and shall not withhold such approval, consent or agreement unreasonably or without good cause. 14. CONSTRUCTION OF CAPTIONS. Captions of the sections of this Agreement are for convenience and reference only. The words in the captions in no way explain, modify, amplify, or interpret this Agreement. Page 589 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4865-1619-4399.6 -5- 15. INCORPORATION BY REFERENCE. Exhibit A and Exhibit B, attached hereto, are incorporated into this Agreement by this reference. 16. EFFECTIVE DATE. The Parties acknowledge that this Agreement shall not become effective unless the ordinance or resolution approving the contract is approved by a two- thirds (2/3) vote of both the Chula Vista City Council and the San Diego City Council. [Signatures on Following Page] Page 590 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4865-1619-4399.6 -6- IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in the County of San Diego , State of California, on the date set forth above. CITY OF SAN DIEGO, a California municipal corporation By: Mayor Attest: By: Clerk of San Diego City of San Diego APPROVED AS TO LEGAL FORM: San Diego City Attorney CITY OF CHULA VISTA, a California municipal corporation By: City Manager Attest: By: Clerk of the City of Chula Vista APPROVED AS TO LEGAL FORM: Marco Verdugo, City Attorney Page 591 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4865-1619-4399.6 -7- EXHIBIT A LEGAL DESCRIPTION OF ANNEXATION AREA Page 592 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4865-1619-4399.6 -8- EXHIBIT B DEPICTION OF ANNEXATION AREA Page 593 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 1 -- WHEN RECORDED MAIL TO: City of San Diego 202 C. Street, 2nd Floor San Diego, California 92101 Attn: City Clerk Exempt from Filing Fees Government Code § 27383 (Space above for Recorder’s Use) ANNEXATION AGREEMENT among THE CITY OF CHULA VISTA a California Municipal Corporation, and THE CITY OF SAN DIEGO a California Municipal Corporation, and TRI POINTE HOMES IE-SD, INC, a California Corporation, [Dated as of ________________________, 2024 for reference purposes only] Page 594 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 1 -- For good and valuable consideration, including, but not limited to, the promises and mutual covenants set forth in this Annexation Agreement, the receipt and sufficiency of which is hereby acknowledged, the City of Chula Vista, the City of San Diego, and Tri Pointe Homes IE-SD, Inc. agree as follows: ARTICLE 1 PARTIES AND EFFECTIVE DATE 1.1 Parties. This Annexation Agreement (“Agreement”) is entered into among: (i) the City of Chula Vista (“Chula Vista”), a municipal corporation and California charter city; (ii) the City of San Diego (“San Diego”), a municipal corporation and California charter city; and (iii) Tri Pointe Homes IE-SD, Inc. (“Tri Pointe Homes”), a California corporation. Chula Vista, San Diego and Tri Pointe Homes are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties.” This Agreement is dated as of _______________ ___, 2024, for reference purposes only, and will become effective upon the “Effective Date” as defined in Section 1.2 below. 1.2 Effective Date. This Agreement will become effective on the first date (“Effective Date”) on which all the following have occurred: (i) this Agreement has been app roved by Tri Pointe Homes, executed by its legally authorized officers, and delivered to Chula Vista and San Diego; (ii) this Agreement has been approved by City of Chula Vista City Council (“Chula Vista City Council”) and executed by its duly authorized representative as designated by the Chula Vista City Council; and (iii) this Agreement has been approved by the City of San Diego City Council (“San Diego City Council”) and executed by its duly authorized representative as designated by the San Diego City Council. ARTICLE 2 RECITALS 2.1 Tri Pointe Homes owns 23.8 acres of uninhabited land (the “Project Property”), located in the undeveloped area of Chula Vista adjacent to the jurisdictional boundary of San Diego, as described and depicted in Exhibit A, attached hereto. 2.2 Tri Pointe Homes represents and warrants to the Parties that Tri Pointe Homes is the legal title holder and owner of record of the Project Property and that no other parties have a legal or equitable interest in the Project Property. 2.3 Tri Pointe Homes intends to develop the Nakano project (the “Project”), which, as approved by Chula Vista, consists of up to a 221-unit residential development on the Project Property. The details of the Project are described and depicted in exhibits to the Project’s vesting tentative map and its Environmental Impact Report (“EIR”), as approved and certified by Chula Vista, and are incorporated herein by this reference. 2.4 Although the Project Property is located within Chula Vista’s jurisdiction, it is situated adjacent to San Diego’s Ocean View Hills residential development to the east, Interstate 805 to the west, Kaiser Medical Center to the south and the Otay Valley River Park to the north, Page 595 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 2 -- as depicted in Exhibit A. The Project Property does not have direct access or connections to Chula Vista utilities, services and facilities, and, if developed, would need to be served by San Diego. 2.5 Prior to the Effective Date of this Agreement, Chula Vista, San Diego, and Tri Pointe Homes approved a memorandum of understanding (“MOU”) setting forth: (i) Chula Vista and San Diego’s reservation of rights to exercise their discretion as to all matters to negotiate or terminate negotiation of a binding annexation agreement; (ii) an understanding that Chula Vista would serve as the Lead Agency for purposes of compliance with the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (“CEQA”) and include an independent analysis of the environmental impacts of a scenario where the Project Property would be annexed into San Diego; and (iii) an understanding that if Chula Vista approved the Project and an annexation agreement, then San Diego would independently evaluate whether to support the Reorganization, and if so, execute a binding annexation agreement and serve as the San Diego Local Agency Formation Commission (“LAFCO”) Applicant for LAFCO purposes in processing the Reorganization through LAFCO. The original term of this MOU has been extended upon the mutual agreement of the parties. 2.6 As provided in this Agreement, the Parties agree the Project Property on which Tri Pointe Homes will construct the Project will be detached from Chula Vista and annexed into the jurisdictional boundaries of San Diego. The process by which these jurisdictional changes will occur are collectively referred to in this Agreement as the “Reorganization.” 2.7 Pursuant to the authority to enter into annexation-related contracts (Morrison Homes Corporation v. City of Pleasanton (1974) 58 Cal. App.3d 724, 733), this Agreement sets forth the process for and the terms and conditions upon which the Project Property may be detached from Chula Vista and annexed into San Diego through the Reorganization, in the event Chula Vista approves the Project. 2.8 Due to the complexity and magnitude of the Project, as well as the substantial financial investment associated with the development, Tri Pointe Homes desires for Chula Vista and San Diego to provide a sufficient degree of certainty regarding the provision of municipal services to the Project Property after Chula Vista approves the Project. Pursuant to this Agreement, Chula Vista and San Diego provide assurances to Tri Pointe Homes that it will have the right to develop the Project in accordance with the Project Entitlements (as defined herein) on the terms and conditions provided in this Agreement. ARTICLE 3 DEFINITIONS 3.1 “Affected Local Agency” has the definition provided in Government Code section 56014. 3.2 “Agreement” means this Annexation Agreement. 3.3 “Annexation” has the definition provided in Government Code section 56017 and, for this Agreement, means more specifically the addition of the Project Property to the jurisdictional boundaries of San Diego and any other Affected Local Agency. Page 596 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 3 -- 3.4 “Application” has the definition provided in Section 4.1.2 of this Agreement. 3.5 “Approval of Reorganization” means LAFCO’s adoption of a resolution making determinations to approve the Reorganization pursuant to Government Code section 56880. 3.6 “Building Codes” means standard, uniform codes governing construction, as adopted in California and/or San Diego. Examples of Building Codes include the California Building Code, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, and the Uniform Code for the Abatement of Dangerous Buildings. 3.7 “CEQA” means the California Environmental Quality Act, Public Resources Code section 21000 et seq. and the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 (“CEQA Guidelines”). 3.8 “Certificate of Completion” has the definition provided in Government Code section 56020.5. 3.9 “Chula Vista” means the City of Chula Vista, a California municipal corporation and charter city. 3.10 “Chula Vista Project Entitlements” means the discretionary approvals that may be issued by Chula Vista as part of the possible approval of the Project. The Chula Vista Project Entitlements include, but are not limited to, the certification of the EIR and related approvals required pursuant to CEQA, General Plan Amendment, Specific Plan, Vesting Tentative Subdivision Map, Rezone, Multiple Species Conservation Plan Subarea Plan Amendment, and Mitigation Monitoring and Reporting Program. Chula Vista retains and will exercise full authority, discretion, jurisdiction, and independent judgment regarding any and all discretionary decisions. Chula Vista shall not make or issue and ministerial approvals or permits regarding the Project, including but not limited to any grading permits, building permits, or certificates of occupancy or completion for the Project. 3.11 “Detachment” has the definition provided in Government Code section 56033, and, for this Agreement, means more specifically the removal of the Project Property from the jurisdictional boundaries of Chula Vista and the Otay Municipal Water District. 3.12 “Early Termination” has the definition provided in Section 8.6.2 of this Agreement. 3.13 “Effective Date” has the definition provided in Section 1.2 of this Agreement. 3.14 “EIR” means the Final Environmental Impact Report, SCH No. 2022060260, including the technical studies prepared in support of the EIR, for the Project as certified by Chula Vista, as the lead agency, and San Diego, as the responsible agency, pursuant to CEQA, and shall include, CEQA Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, as approved separately and independently by Chula Vista and San Diego. Page 597 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 4 -- 3.15 “Executive Officer” has the definition provided in Government Code section 56038 and, for this Agreement, means the Executive Officer of LAFCO. 3.16 “Expiration” has the definition provided in Section 8.6.1 of this Agreement. 3.17 “Fiscal Impact Analysis” means the fiscal study required by Section 5.3 of this Agreement. 3.18 “Initiate” or “Initiation” has the definition provided in Government Code section 56047. 3.19 “LAFCO” means the Local Agency Formation Commission of the County of San Diego, or any successor entity thereto. 3.20 “LAFCO Final Decision” means when LAFCO has recorded the Certificate of Completion with the County of San Diego Recorder’s Office and: (i) any ordinances or resolutions with respect to the Certificate of Completion have taken effect; (ii) the time has passed for any request for reconsideration or appeal of LAFCO’s Approval of Reorganization or the Certificate of Completion to any administrative agency or court with appeal jurisdiction over such approvals or appeals in connection therewith; (iii) no notice of referendum or initiative with resp ect thereto has been published or publicized within the statutory timeframes; and (iv) any appeal or litigation with respect to the Certificate of Completion or LAFCO’s Approval of Reorganization has been prosecuted and resolved in a manner which is not subject to remand to lower courts or governmental agencies. 3.21 “Landowner” has the definition provided in Government Code section 56048 and, for this Agreement, is equivalent to Tri Pointe Homes. 3.22 “Lead Agency for CEQA” has the definition provided in Public Resources Code section 21067 and section 15050 of the CEQA Guidelines, and, unless otherwise indicated, refers to Chula Vista and its efforts to process the Chula Vista Project Entitlements. 3.23 “LAFCO Applicant” refers to San Diego and its efforts to process the Reorganization through LAFCO. 3.24 “MOU” means the memorandum of understanding, as amended from time to time, by and among Chula Vista, San Diego and Tri Pointe Homes as approved by the respective Parties. 3.25 “Otay Municipal Water District” means the Otay Municipal Water District, a water district established and organized pursuant to the California Water Code. 3.26 “Parties” means, collectively, Chula Vista, San Diego and Tri Pointe Homes. 3.27 “Party” means, individually, Chula Vista, San Diego or Tri Pointe Homes. 3.28 “Permit Condition” means a condition to be included in the Project Entitlements set forth by Chula Vista that reads substantially as follows: Page 598 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 5 -- “With payment of processing fees, Tri Pointe Homes may process and complete all requirements necessary for a final map. However, a final map shall for the Project only be approved by the City of San Diego upon the satisfaction of all requirements for obtaining a final map, including the payment of all applicable processing fees.” 3.29 “Project” means the Nakano Project proposed by Tri Pointe Homes for construction on the Project Property, as is more particularly defined in Section 2.3 of this Agreement. 3.30 “Project Build-Out” means the issuance of the last permit needed to occupy and use the last structure or facility identified in the Project Entitlements or an earlier time as the Parties may mutually agree in writing. 3.31 “Project Entitlements” shall mean, collectively, Chula Vista Project Entitlements and San Diego Project Entitlements. 3.32 “Project Property” has the definition provided in Section 2.1 of this Agreement and is described and depicted in Exhibit A, attached hereto. 3.33 “Reorganization” means the Detachment of the Project Property from Chula Vista and the Otay Municipal Water District and Annexation of the Project Property into the jurisdictional boundaries of San Diego and other Affected Local Agency, as provided in Government Code section 56073 and sections 56650 et seq., as well as any required adjustments to the Chula Vista, San Diego and Otay Municipal Water District Spheres of Influence and related changes to the jurisdictional boundaries and/or Spheres of Influence of any other Affected Local Agency, as set forth in San Diego’s Resolution of Application for Reorganization. 3.34 “Reorganization Effective Date” has the definition provided in Section 5.1 of this Agreement. 3.35 “Resolution of Application for Reorganization” means the document that San Diego will approve in order to initiate the Reorganization, as provided in Government Code section 56073.1. 3.36 “San Diego” means the City of San Diego, a California municipal corporation and charter city. 3.37 “San Diego Project Entitlements” means the discretionary approvals issued by San Diego as part of the possible approval of the Project. The San Diego Project Entitlements include, but are not limited to, the review and consideration of the EIR and related approvals required pursuant to CEQA, Community Plan Amendment, General Plan Amendment, Pre-Zone, Multiple Species Conservation Plan Subarea Plan Amendment, Sewer Easement Vacation, City Council District Boundary Amendment, Resolution of Application to LAFCO, Site Development Permit for development areas currently in City of San Diego jurisdiction and Uncodified Ordinance for areas outside City of San Diego. San Diego retains and will exercise full authority, discretion, jurisdiction, and independent judgment regarding any and all discretionary decisions relating to the San Diego Project Entitlements and shall be responsible for the issuance of any related certificates. Page 599 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 6 -- 3.38 “Sphere of Influence” has the definition provided in Government Code section 56076. 3.39 “Tri Pointe Homes” means Tri Pointe Homes IE-SD, Inc. a California corporation with its principal place of business located at Irvine, California. ARTICLE 4 THE REORGANIZATION 4.1 Initiation of Proceedings. The Reorganization shall be processed in accordance with the timeline identified in Exhibit B. 4.1.1 San Diego as Proponent of Reorganization. San Diego, as the LAFCO Applicant, shall adopt a Resolution of Application for Reorganization, in substantially the form described in Exhibit C, attached hereto, within sixty (60) calendar days of the Effective Date of this Agreement. Tri Pointe Homes, Chula Vista and San Diego shall review and approve in writing all modifications to the attached Resolution of Application for Reorganization prior to adoption by San Diego and submission to LAFCO. For purposes of this paragraph only, the review and approval of modifications to the Resolution of Application may be made by the City Manager of Chula Vista, Mayor of San Diego, or their respective designees. San Diego shall process the Reorganization with LAFCO to obtain a Certificate of Completion for the Reorganization. Except as otherwise provided in this Agreement, San Diego hereby irrevocably consents to the Reorganization and agrees to not in any way object to, protest, delay, frustrate, or otherwise impede the Reorganization. Provided that Tri Pointe Homes and Chula Vista have fully complied with their obligations set forth in this Agreement, San Diego shall cooperate in every reasonable way with the requests of Tri Pointe Homes, Chula Vista, LAFCO and any other Affected Local Agency in any proceedings for the Reorganization. Notwithstanding any other provision herein, failure to adopt the applicable resolution within sixty (60) calendar days or obtain the Parties’ written mutual consent for an extension of time to adopt the applicable resolution will terminate this Agreement. 4.1.2 Timing, Form and Content of Application. San Diego shall submit an Application for Reorganization (“Application”) within sixty (60) calendar days of its approval of a Resolution of Application for Reorganization. The form and content of the Application shall be as provided in Government Code section 56652 and LAFCO policy, including any necessary information regarding an adjustment to San Diego’s Sphere of Influence or the Otay Water District Sphere of Influence, in order to serve the Project Property and shall be in substantially the form described in Exhibit D, attached hereto. Tri Pointe Homes, Chula Vista and San Diego shall review and approve in writing all modifications to the attached Application prior to submission to LAFCO. For purposes of this paragraph only, review and approval of modifications to the Application may be made by the City Manager of Chula Vista, Mayor of San Diego, or their respective designees. The Application will also include this Agreement. The Parties agree to jointly work to ensure that the Application satisfies the LAFCO form and content requirements. 4.1.3 Chula Vista Resolution of Support. Chula Vista shall adopt a Resolution of Support for San Diego’s Application within ten (10) calendar days of the Effective Date of this Agreement or concurrent with a hearing to approve this Agreement, whichever occur first. Except Page 600 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 7 -- as otherwise provided in this Agreement, Chula Vista hereby irrevocably consents to the Reorganization and agrees to not in any way object to, protest, delay, frustrate, or otherwise impede the Reorganization. Provided that Tri Pointe Homes and San Diego have fully complied with their obligations set forth in this Agreement, Chula Vista shall cooperate in every reasonable way with the requests of Tri Pointe Homes, San Diego, LAFCO and any other Affected Local Agency in any proceedings for the Reorganization. Notwithstanding any other provision herein, failure to adopt the applicable resolution within sixty (60) calendar days or obtain the parties’ written mutual consent for an extension of time to adopt the applicable resolution will terminate this Agreement. 4.1.4 Purpose of Resolutions. It is the intent of the Parties that the resolutions called for in this Section 4.1 of the Agreement shall satisfy the provisions of Government Code sections 56751(d) and 56857(e) and make the provisions of Government Code sections 56751(a)- (c) and 56857(a)-(d) inapplicable to the Reorganization. 4.1.5 Compliance with Government Code section 56375(a)(7). Government Code section 56375(a)(7) provides that LAFCO “shall require, as a condition to annexation, that a city prezone the territory to be annexed or present evidence satisfactory to the commission that the existing development entitlements on the territory are vested or are already at buildout, and are consistent with the city’s general plan.” (Emphasis added.) The Parties intend this Agreement to serve as satisfactory evidence that the Project Entitlements, as applied to the Project, are vested and consistent with San Diego’s General Plan as of the Effective Date. 4.1.6 Landowner-Owner Consent Form; Irrevocable Consent. Within thirty (30) days of the Effective Date of this Agreement, Tri Pointe Homes shall execute and cause to be submitted to San Diego in connection with the Application a Landowner-Consent Form in support of the Reorganization in the form required by LAFCO. Except as otherwise provided in this Agreement, Tri Pointe Homes hereby irrevocably consents to the Reorganization and agrees to not in any way object to, protest, delay, frustrate, or otherwise impede the Reorganization . Provided that Chula Vista and San Diego have fully complied with their obligations set forth in this Agreement, Tri Pointe Homes shall cooperate in every reasonable way with the requests of Chula Vista, San Diego, LAFCO and any Affected Local Agency and any other public agency in any proceedings for the Reorganization. Tri Pointe Homes shall also cause to be prepared all legal descriptions, parcel/plan maps and other maps required by LAFCO for the Reorganization. 4.1.7 Plan For Providing Services. A Plan for Providing Services consistent with the requirements in Government Code section 56653, in substantially the form described in Exhibit E, attached hereto, shall be submitted as part of San Diego’s Application. Tri Pointe Homes, Chula Vista and San Diego shall review and approve in writing all modifications to the attached Plan for Providing Services prior to submission to LAFCO. For purposes of this paragraph only, the review and approval of modifications to the Plan for Providing Services may be made by the City Manager of Chula Vista, Mayor of San Diego or their respective designees. 4.1.8 Environmental Document. The Parties intend that the EIR shall be the environmental documentation used by Chula Vista, San Diego, LAFCO, or other Affected Local Agency to comply with CEQA in the consideration of the Reorganization. Tri Pointe Homes shall be responsible for causing the appropriate number of copies of the EIR and related documents to be provided for the Application. If LAFCO requires additional information related to the Page 601 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 8 -- environmental documentation, the Parties shall make reasonable efforts to provide the information to LAFCO, and Tri Pointe Homes shall be solely responsible for such costs. 4.1.9 LAFCO Processing Fees. Tri Pointe Homes shall be solely responsible for providing all LAFCO processing fees pursuant to LAFCO’s standard policies or as may otherwise be required to process the Reorganization. 4.1.10 Complete Application. The Parties anticipate that LAFCO may require additional information prior to deeming the Application complete. The Parties shall make reasonable efforts to provide the information to LAFCO. 4.2 LAFCO Hearing and Decision. 4.2.1 Assistance of Parties to LAFCO Executive Officer and Staff. The Parties shall make reasonable efforts to timely respond to requests for information from the Executive Officer and LAFCO staff as necessary for the processing of the Reorganization through the LAFCO hearing process. 4.2.2 Participation in Hearing Process. The Parties shall make reasonable efforts to ensure that their appropriate representatives prepare for and attend LAFCO meetings and public hearings as necessary for the processing of the Reorganization through the hearing process. 4.3 Reorganization Processing Costs. 4.3.1 Tri Pointe Homes. Tri Pointe Homes shall be solely responsible for all costs and fees, including attorney’s fees or other obligations incurred by it for the Project, the EIR and the Reorganization. In addition, except as may otherwise be expressly provided in this Agreement, Tri Pointe Homes shall pay all costs and fees, including attorneys’ fees associated with processing the Project, the EIR and the Reorganization and other obligations of Chula Vista, San Diego and the City in connection with processing the Project, the EIR and the Reorganization. However, such costs and fees shall not include any costs and fees related to any challenge initiated or joined in by Chula Vista or San Diego to the issuance of any Project permits or approvals. Tri Pointe Homes shall establish or maintain throughout the term of this Agreement refundable deposit accounts with Chula Vista and San Diego, respectively, against which Chula Vista and San Diego may draw its reasonable costs and fees, including attorneys’ fees, and other monetary obligations. Within thirty (30) days of receipt of a written request, Tri Pointe Homes shall replenish the deposit account in accordance with Chula Vista and San Diego’s respective published deposit requirements. Tri Pointe Homes acknowledges and agrees that its failure to replenish the deposit accounts will result in suspension of work by the Party requesting that the account be replenished. 4.3.2 Chula Vista. Chula Vista shall be entitled to be fully and timely reimbursed by Tri Pointe Homes as provided in Section 4.3.1 for its reasonable costs and fees incurred in connection with processing the Project, Chula Vista Project Entitlements and the Reorganization in accordance with its published fee schedules applicable throughout its territory, and other reasonable costs and fees, and will require deposits from Tri Pointe Homes for such costs and fees in accordance with Section 4.3.1. Except as may otherwise be expressly provided in this Agreement, Chula Vista shall have no obligation for the costs and fees incurred by Tri Pointe Page 602 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 9 -- Homes, or San Diego in connection with the Project, Chula Vista Project Entitlements or the Reorganization. 4.3.3 San Diego. San Diego shall be entitled to be reimbursed by Tri Pointe Homes as provided in Section 4.3.1 for its reasonable costs and fees incurred in connection with processing the Project, San Diego Project Entitlements and the Reorganization in accordance with its published fee schedules applicable throughout its territory. Except as may otherwise be expressly provided in this Agreement, San Diego shall have no obligation for the costs and fees incurred by Tri Pointe Homes, or Chula Vista in connection with processing the Project, San Diego Project Entitlements or the Reorganization. ARTICLE 5 LAFCO TERMS AND CONDITIONS 5.1 Effective Date of Reorganization. In accordance with Government Code section 57202(a), the Parties agree, and shall include as a term and condition in the Application, a condition that the Reorganization Effective Date shall be upon the date of recordation of the Certificate of Completion with the County of San Diego Recorder’s Office, which the Parties desire to occur as soon after LAFCO Approval of the Reorganization as is reasonable possibly. 5.2 Processing of and Services to the Project 5.2.1 Role of San Diego. San Diego shall process any and all approvals necessary or related to the Reorganization, including, but not limited to, the San Diego Project Entitlements. San Diego shall also take such actions that it would otherwise take regarding the Project after the Reorganization, including issuance of Certificates of Occupancy and recordation of a final map, except as may be modified by this Agreement. Following Reorganization, San Diego shall implement and monitor the conditions of approval included in the Chula Vista Project Entitlements to the extent feasible and consistent with San Diego regulations. In the instance a condition is found to be infeasible and/or inconsistent, San Diego shall meet and confer with Chula Vista in good faith to address satisfaction of said condition. For the avoidance of doubt, the right- of-entry permit, revegetation and trail construction that is anticipated to occur within the jurisdictional boundaries of Chula Vista shall be implemented in accordance with the Otay Valley River Park Guidelines. The processing of these approvals does not limit the City of San Diego’s police powers, independent judgment, or discretion in considering these approvals. 5.2.2 Role of Chula Vista. Until the Reorganization, Chula Vista shall process the Chula Vista Project Entitlements, including the Permit Condition, in accordance with applicable policies and practices and this Agreement. Following Reorganization, Chula Vista shall process, permit and inspect any components of the Project (i.e., off-site mitigation) that are not subject to the Reorganization, in accordance with the Chula Vista Project Entitlements, including the Permit Condition, applicable codes, policies and practices and this Agreement. Chula Vista shall take such actions that it would otherwise take regarding the Project during and after the Reorganization except as may be modified by this Agreement. Page 603 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 10 -- 5.2.3 Tri Pointe Home’s Obligation; Property Maintenance. Tri Pointe Homes shall make reasonable efforts to process the Project with Chula Vista and San Diego to completion. At all times, Tri Pointe Homes shall maintain the Project Property in good condition and in compliance with reasonable maintenance standards sufficient to keep the Project Property free from fire hazards, visible defects, deterioration, dirt and debris. 5.3 Distribution of Processing Fees, Mitigation Fees, Credits, Open Space and Other Revenue from the Project and the Project Property. 5.3.1 General Intent of the Parties. The Parties intend that the Party that provides a particular service to the Project or the Project Property, or that will bear the impact for which a fee is imposed, should receive the fees or revenue associated with that service or impact. The Parties desire that this general intent guide the resolution of any future disputes about which Party should receive a fee or revenue associated with the Project on the Project Property, unless otherwise expressly provided in this Agreement. It is also the intent of the Parties to comply with Government Code sections 66000 - 66025 and not to duplicate fees charged to Tri Pointe Homes. 5.3.2 Allocation of Fees and Revenue. The Parties have agreed that San Diego will provide all services to the Project and shall receive all fees and or revenues associated with the services. 5.3.3 Fiscal Impact Analysis. The Parties have caused the preparation of a Fiscal Impact Analysis, described in Exhibit F, attached hereto, which identifies both the current and anticipated taxes, fees, assessments and other revenue associated with the Project and the Project Property and the anticipated costs for the provision of various municipal services to the Project and the Project Property. The Fiscal Impact Analysis does not identify either current or anticipated impact-related fees. 5.3.4 Distribution of Revenue and Other Items. The Parties have attempted to identify the known taxes, fees, assessments, credits, dedications and other revenue generated from the Project or the Project Property described in Exhibit G, attached hereto, and for each such item, the Parties have designated the Party entitled to receive the item. 5.3.5 Payment of Fees by Tri Pointe Homes. Prior to the issuance by San Diego of any permits for the Project, Tri Pointe Homes must pay the fees, assessments or other amount related to the Project Entitlements or permit and required to be paid prior to permit issuance to the Party entitled to receive the fee, assessment or payment. If the payment is due to Chula Vista, Tri Pointe Homes shall make such payment directly to Chula Vista. If the payment is due to San Diego, Tri Pointe Homes must make the payment directly to San Diego. 5.3.6 Payment of Local Share of Property Taxes. Tri Pointe Homes or future landowners (i.e., homeowners) within the Project Property shall satisfy their duty to pay tax revenue to the Parties identified in Exhibit G, attached hereto, through payment of applicable property taxes to the County of San Diego Assessor’s Office through the Assessor’s Office’s proscribed means. If Chula Vista receives the local government share of property taxes for the Project Property after the Reorganization Effective Date, then Chula Vista shall transfer such property taxes to the Parties identified in Exhibit G, attached hereto, in accordance with the Page 604 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 11 -- percentage of time during the annual assessment period that services were required to be provided by such Parties pursuant to this Agreement. 5.3.7 Undesignated Government Revenue. In the event that government revenue is generated from the Project or the Project Property that are not identified, in whole or in part, in this Agreement, such revenue shall be distributed in a manner consistent with the general intent expressed in Section 5.3.1 above. The City Manager of Chula Vista, Mayor of San Diego, or their respective designees, as applicable, shall , within thirty (30) days of the identification of the revenue, meet and confer in good faith to mutually agree upon that should receive such revenue. If the Parties cannot mutually agree, Chula Vista and/or San Diego (“Revenue Disputing Parties”) as applicable, shall resolve the issue by participating in at least four (4) hours of mediation prior to filing any court action. The mediation shall be held in San Diego, California, before a mediator selected by the Revenue Disputing Parties. The mediation shall be commenced by any Revenue Disputing Party making a written demand for mediation to another party. Within fifteen (15) days after such demand is made, the Revenue Disputing Parties shall mutually select a mediator. If the Revenue Disputing Parties are unable to agree on a mediator, the administrator of JAMS in San Diego, California shall select an independent mediator. The Revenue Disputing Parties to the mediation shall equally share the costs of the mediation, however, no Revenue Disputing Party shall be required to pay more than $10,000 in connection with any single mediation under this agreement unless such Revenue Disputing Party agrees to do so in writing. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until fifteen (15) days after the date of the mediation session. The Revenue Disputing Parties will take such action, if any, required to effectuate such tolling. California Evidence Code sections 1119 through 1128 shall apply to the mediation. If a Revenue Disputing Party fails to cooperate to commence and/or participate in a mediation session, then, notwithstanding anything above, the other Revenue Disputing Party shall be free to file a court action even if no mediation session has taken place . Upon resolution, the Parties shall execute an Annexation Agreement Operating Memorandum confirming the allocation. Such Annexation Agreement Operating Memorandum may be signed by the City Manager of Chula Vista, Mayor of San Diego or their respective designees. 5.3.8 Municipal Services Cost Neutrality. The provision of municipal services to the Project or Project Property is intended be on a cost neutral basis to San Diego. The Parties agree such cost neutrality is satisfied because the Parties caused the preparation of the Fiscal Impact Analysis, described in Exhibit F, attached hereto, that concludes that San Diego’s cost of services will be equal to or less than the revenue San Diego anticipates it will receive from the Project. 5.3.9 Housing Credits and Inclusionary Affordable Housing Fees. The Project shall comply with affordable housing requirements identified in the San Diego Municipal Code. San Diego shall be entitled to receive credit towards its share of the regional housing needs allocation for the number of qualifying units, if any, in the Project. 5.3.10 Mitigation of Biological Impacts, Open Space Deeds. The Parties agree that as part of the Project Entitlements, any impacts to biological resources, including t o environmentally sensitive lands and wetland deviations as identified by the San Diego Municipal Code, have been analyzed and mitigated and conditioned by the Project Entitlements to the extent feasible and that no additional permits or approvals will be required from San Diego to mitigate Page 605 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 12 -- for biological impacts. San Diego shall accept a covenant of easement to the undeveloped portions of the Property identified in the Project Entitlements, in accordance with Project Entitlements, and Chula Vista shall have no obligation related to open space lands. In addition, notwithstanding any other term of this Agreement, San Diego shall be entitled to receive any and all mitigation fees related to the open space, if applicable. 5.4 Provision of Municipal Services to the Annexation Property. 5.4.1 Water and Sewer. Upon the Reorganization Effective Date, San Diego shall provide water and sewer services to the Project Property. Tri Pointe Homes shall construct or cause the construction of all on-site public improvements and off-site public improvements necessary to connect to San Diego’s water and sewer services as required by the Project Entitlements and San Diego’s standards and approved material requirements including but not limited to the standards adopted by San Diego, San Diego’s rules and regulations, and the Contract to Make, Install and Complete Water and/or Sewer Facilities to be entered into by Tri Pointe Homes and San Diego prior to commencement of construction. All water and sewer facilities shall be inspected and tested in accordance with the standards adopted by San Diego. Tri Pointe Homes shall pay sewer and water capacity fees and other applicable fees, to San Diego in accordance and compliance with fee schedules in effect at the time of payment by Tri Pointe Homes to San Diego. San Diego shall recover all of its other expenses not associated with the sewer and water capacity fee through monthly water and sewer rates charged to users in accordance with rules and regulations applicable to San Diego. Upon the Reorganization Effective Date, San Diego shall provide water and sewer services to the Project Property at the same level of service and upon the same terms and conditions as provided to other properties within San Diego’s service area and assess such users monthly water and sewer rates in accordance the rules and regulations applicable to San Diego. 5.4.2 Fire and Life Safety. Upon the Reorganization Effective Date, San Diego shall provide or cause to be provided fire and life safety services to the Project Property. San Diego shall provide primary fire and life safety services to the Project Property on the same level of service and upon the same terms and conditions as provided other areas of San Diego. 5.4.3 Law Enforcement Services. Upon the Reorganization Effective Date, San Diego shall provide or cause to be provided primary law enforcement services to the Project Property pursuant to a “Will Serve” letter or a Mutual Aid Agreement. San Diego shall provide law enforcement services to the Project Property on the same level of service and upon the same terms and conditions as provided other areas of San Diego. 5.4.4 Other Municipal Services. Upon the Reorganization Effective Date, San Diego shall provide or cause to be provided other municipal services to the Project Property, other than the permitting and inspection services provided by Chula Vista under this Agreement, pursuant to a “Will Serve” letter. San Diego shall provide municipal services to the Project Property on the same level of service and upon the same terms and conditions as provided other areas of San Diego. Page 606 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 13 -- 5.5 Full Faith and Credit Given to Right to Develop the Project in Accordance with the Project Entitlements. 5.5.1 Full Faith and Credit of Development Rights. The Parties agree that Tri Pointe Homes shall have the right to develop the Project in accordance with the Project Entitlements, and San Diego agrees to give full faith and credit to the Chula Vista Project Entitlements on the terms and conditions as issued by Chula Vista. To the extent the Project Entitlements provide Tri Pointe Homes with vested rights to develop the Project in accordance with the Project Entitlements, San Diego agrees to give full faith and credit to those vested rights on the same terms and conditions as Chula Vista. The full faith and credit created herein is not intended to either expand or contract Tri Pointe Homes’s right to develop the Project in accordance with the Project Entitlements. The full faith and credit created herein is intended to provide Tri Pointe Homes with the assurance that San Diego will honor Tri Pointe Homes’s vested development rights in the same manner and under the same conditions as Chula Vista. The Term of this Agreement does not have any effect on any vesting of rights under the Project Entitlements or the length of time under which those rights, if any, are vested. Notwithstanding the foregoing, the Parties acknowledge that the Project’s Vesting Tentative Map is tolled for five (5) years or until a LAFCO Final Decision on the Reorganization, whichever is earlier, because this Agreement prohibits Tri Pointe Homes from obtaining a final map until Approval of Reorganization. Furthermore, full faith and credit shall be extended for any extensions of the Project Entitlements which may exist or are granted in accordance with the Chula Vista Municipal Code, Subdivision Map Act (including, but not limited to legislatively granted extensions), or other state laws. 5.5.2 Post-Chula Vista Project Entitlements Approval Actions by Tri Pointe Homes. After Chula Vista’s approval of the discretionary Chula Vista Project Entitlements, but before the Reorganization Effective Date, and with payment of processing fees, Tri Pointe Homes may concurrently process San Diego Project Entitlement applications and ministerial applications, and complete all requirements necessary for a final map. However, San Diego shall only approve a final map in accordance with the Subdivision Map Act as provided in the Permit Condition and after it and Chula Vista have received full and complete payment by Tri Pointe Homes of all applicable fees and costs conditioned upon final map approval. 5.5.3 Development of Project Property after Full Project Build-Out. Following the Reorganization Effective Date, development of the Project Property occurring after full Project Build-out that is not governed by the Project Entitlements shall conform to the then existing requirements of San Diego. San Diego shall treat any existing development that occurred in accordance with the Project Entitlements as legal non-conforming, except to the extent that compliance with San Diego requirements would not unreasonably interfere with such existing development and would be consistent with the requirements imposed by San Diego on existing development outside the Project Property. 5.5.4 Reserved Authority; Changes in Federal or State Law. Notwithstanding anything to the contrary in this Section 5.5, San Diego shall have the same rights as possessed by Chula Vista to apply land use or building requirements that may conflict with the Project Entitlements in the same manner and on the same conditions as Chula Vista, including: (a) the reasonable determination that compliance with the Project Entitlements would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health Page 607 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 14 -- or safety; or (b) as necessary to comply with state or federal law or mandates. The action chosen to implement the authority reserved under this Section 5.5.4 shall be of the minimum scope, effect, and duration necessary to accommodate the health and safety issue or higher law. 5.6 Additional Terms and Conditions. 5.6.1 Agreed to by Parties. The Parties may agree to include additional terms and conditions as part of the Resolution of Application for Reorganization and/or Application or the LAFCO process through the Annexation Agreement Operating Memorandum process identified in Section 9.15 of this Agreement. 5.6.2 Imposed by LAFCO. The Parties acknowledge that LAFCO may impose additional terms and conditions on the Reorganization beyond those set forth in this Agreement. The Parties shall reasonably consider such terms and conditions and support them unless any such LAFCO imposed term or condition is in fundamental conflict with the terms and conditions of this Agreement. ARTICLE 6 DEFAULT, BREACH, REMEDIES, MORTGAGEE PROTECTION 6.1 Default by Tri Pointe Homes. Tri Pointe Homes shall be in default of this Agreement if it does any or any combination of the following: 6.1.1 Fail to cure a material breach of this Agreement within the time set forth in a written notice of default from Chula Vista or San Diego. 6.1.2 Willfully violates any order, ruling or decision of any administrative or judicial body having jurisdiction over the Project Property or the Project. Tri Pointe Homes may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no default of this Agreement shall be deemed to have occurred unless and until there is a final, non-appealable judicial decision that Tri Pointe Homes willfully violated such obligation. 6.2 Default by Chula Vista or San Diego. Chula Vista or San Diego shall be in default of this Agreement only if they fail to cure a material breach of this Agreement within the time set forth in a written notice of default as discussed in Section 6.3 below. 6.3 Notice of Default. A Party alleging a default by the other Party shall serve written notice thereof. Each such notice shall state with specificity all of the following: 6.3.1 It is given pursuant to this Agreement. 6.3.2 The nature of the alleged default. 6.3.3 The manner in which the alleged default may be satisfactorily cured. 6.3.4 A period of time in which the default may be cured. The notice of default shall allow at least sixty (60) calendar days to cure the default. If the default is of such a nature as Page 608 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 15 -- not to be susceptible of cure within said time using the allegedly defaulting Party’s diligent efforts, then the allegedly defaulting Party shall only be deemed to have failed to cure the default if it fails diligently to commence such cure within said time or if it fails to reasonably diligently prosecute such cure to its conclusion. 6.4 Remedies for Default. The Parties acknowledge and agree that Chula Vista or San Diego would not have entered into this Agreement if they were to be liable in damages to any Party under this Agreement, or with respect to this Agreement or the application thereof. The Parties also acknowledge and agree that Tri Pointe Homes would not have entered into this Agreement without Chula Vista and San Diego’s assurances set forth in this Agreement, and that Tri Pointe Homes will invest substantial money and effort in reliance upon Chula Vista and San Diego’s assurances set forth in this Agreement. The Parties therefore acknowledge and agree that the nature of the Reorganization and the terms of this Agreement render ordinary remedies at law inadequate for a breach of this Agreement and that it would not be feasible or possible to restore the Project Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of this Agreement shall be limited to one or more of the following: 6.4.1 In general, each of the Parties may pursue any remedy at law or equity available for any breach of any provision of this Agreement (including, but not limited to, obtaining letters of credit, performance bonds, and/or withholding certain approvals), except that Chula Vista or San Diego shall not be liable in monetary damages in any form to Tri Pointe Homes, any mortgagee or lender, or to any successor in interests of Tri Pointe Homes or mortgagee or lender, or to any other person, and Tri Pointe Homes covenants on behalf of all successors in interest in the Project Property or any portion thereof, not to sue Chula Vista or San Diego for monetary damages. 6.4.2 The Parties acknowledge that monetary damages and remedies at law will, however, generally be inadequate, and that specific performance and other non-monetary remedies are particularly appropriate remedies for the enforcement of this Agreement and should be available to the Parties because (a) money damages are unavailable against Chula Vista and San Diego as provided herein; and (b) given the size, nature and scope of the Project, it is not possible to determine the sum of money that would adequately compensate Tri Pointe Homes for development of the Project. Therefore, the Parties acknowledge and agree that specific performance is the preferred remedy for any default under this Agreement. 6.5 Mortgagee Protection. 6.5.1 Right to Mortgage. Tri Pointe Homes may assign, pledge or otherwise encumber its rights and interests under this Agreement for security purposes to a Mortgagee . Nothing contained in this Agreement shall restrict Tri Pointe Homes from encumbering all or any portion of the Project Property with a mortgage, deed of trust, or other security device (collectively “Mortgage”). No breach of this Agreement shall default, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value. To the extent consistent with transferee’s rights pursuant to bankruptcy and foreclosure laws, all of the terms and conditions of this Agreement shall be binding upon and effective against any person or transferee who acquires title Page 609 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 16 -- to all or any portion of the Project Property by foreclosure, trustee’s sale, or deed in lieu of foreclosure. 6.5.2 Notice of Default. If Chula Vista or San Diego receives written notice from a Mortgagee requesting a copy of any notice of default given to Tri Pointe Homes hereunder and specifying the address for service thereof, then Chula Vista or San Diego shall deliver to such Mortgagee, concurrently with the delivery to Tri Pointe Homes, any notice given to Tri Pointe Homes with respect to any claim that Tri Pointe Homes is in default hereunder. If Chula Vista or San Diego subsequently makes a determination of noncompliance hereunder, concurrent with service to Tri Pointe Homes, Chula Vista or San Diego shall likewise serve notice of noncompliance on any Mortgagee who Tri Pointe Homes has identified in writing to Chula Vista or San Diego requires such notice. Each Mortgagee shall have the right, but not the obligations, during the same period available to Tri Pointe Homes hereunder, to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in the notice. But no Mortgagee shall have any claim, cause of action, remedy, or liability against Chula Vista or San Diego for monetary or compensatory damages, but for specific performance of this Agreement only. The failure of Chula Vista or San Diego to mail copies of said notice, or of the Mortgagee to receive such notice, shall not affect the validity of such notice or claim of default. 6.5.3 Statement of Compliance / Notice of Estoppel. Within thirty (30) calendar days after receipt of a written request from Tri Pointe Homes for a statement of compliance (or notice of estoppel), or for an additional reasonable period of time under the circumstances if Chula Vista or San Diego is diligently and in good faith pursuing compliance with the request, Chula Vista or San Diego shall execute and deliver a statement certifying: (a) that this Agreement is unmodified and in full force and effect (or identifying any modifications); (b) that there are no uncured defaults under this Agreement by the certifying Party or to the certifying Party’s knowledge, by another other Party (or specifying any such defaults) if that is the case; and (c) any other information reasonably requested regarding the status of the Agreement and performance by the Parties. The failure of Chula Vista or San Diego to provide such statement within the 30-day period, or for a longer period under the circumstances identified in this Section above, shall be conclusively deemed to constitute a certification by the non-responding Party that: (a) this Agreement is in full force and effect without modification, except as may be represented by Tri Pointe Homes; and (b) that there are no uncured defaults under this Agreement. Such statement (or certification of estoppel) may be relied upon by any purchaser, transferee, lender, title company, governmental agency, or other person; however, nothing in this Agreement shall be construed to provide any non-Party with a cause of action. ARTICLE 7 INDEMNITY AND TOLLING OF CLAIMS 7.1 Indemnity Against General Plan Litigation. Chula Vista and San Diego, as applicable, have determined that this Agreement is consistent with their respective General Plans and other applicable land use plans, and that those plans meet all requirements of law. Tri Pointe Homes has reviewed those General Plans and all other applicable land use plans and concurs with the determination of Chula Vista and San Diego. Chula Vista and San Diego shall have no liability under this Agreement for any failure to perform under this Agreement or the inability of Tri Pointe Page 610 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 17 -- Homes to develop the Project Property resulting from a judicial determination that the General Plan, applicable land use plans, or portions thereof, are, on the date each is approved, invalid or inadequate or not in compliance with law. 7.2 Indemnity Against Third Party Litigation Concerning the Agreement and the Project Entitlements and the Property Tax Exchange Agreement. Tri Pointe Homes shall fully and timely defend, with separate and independent counsel or counsels mutually acceptable to the Parties, at its sole expense, including any attorneys’ fees and costs incurred by the Parties, indemnify, reimburse, and hold harmless Chula Vista and San Diego, their agents, officers and employees from any judgment, costs, (including any costs and expenses to prepare the administrative record for any challenge to the EIR, Project Entitlements, San Diego’s approvals, and/or compiling a response to a California Public Records Act request(s) to provide the record of proceedings materials for the Project Entitlements and/or San Diego’s approvals), fees, claim, action or proceeding against Chula Vista and San Diego, their agents, officers or employees to attack, set aside, void or annul the approval of this Agreement, the Project Entitlements, and/or San Diego’s approvals or any subsequent approval or permit granted to Tri Pointe Homes pursuant to this Agreement, or regarding the Property Tax Sharing Agreement between Chula Vista and San Diego relating to the Annexation contemplated herein, regardless of whether such claim, action or proceeding is brought within the time period provided for in Government Code section 66499.37, Public Resources Code section 21167, or other applicable statute of limitations. Notwithstanding the foregoing, the indemnification obligations in this Section 7.2 shall not apply in judicially determined instances of Chula Vista or San Diego, gross negligence or willful misconduct. Chula Vista and San Diego shall promptly notify Tri Pointe Homes of any such claim, action or proceeding, and Chula Vista and San Diego shall cooperate fully in the defense. If Chula Vista or San Diego fail to cooperate fully in the defense, Tri Pointe Homes shall not thereafter be responsible to defend, indemnify, or hold Chula Vista or San Diego harmless. Counsel for the Parties will work closely and will coordinate their efforts to avoid unnecessary duplication of efforts, to reduce legal fees and costs and to present a joint defense that best uses the strengths of each Party. As the owner of the Project Property and the ultimate beneficiary of any future development of the Project, the Parties assume that Tri Pointe Homes’s legal fees and costs will generally exceed the legal fees and costs incurred by Chula Vista and San Diego, reflecting Tri Pointe Homes’s assumption of the greater legal workload in the defense. The Parties also assume, however, that Chula Vista and San Diego must, in consultation with Tri Pointe Homes, take prudent steps deemed necessary to protect their respective interests. 7.3 Environmental Assurances. Tri Pointe Homes shall fully and timely indemnify, reimburse, defend and hold Chula Vista and San Diego, their officers, agents, employees, subcontractors and independent contractors free and harmless from any liability, judgment, fees, costs, claim, action or proceeding based or asserted, upon any act or omission of Tri Pointe Homes, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Project Property, including, but not limited to, soil and groundwater conditions, save and except liability or claims arising through the judicially determined instances, if any, of gross negligence or willful misconduct of Chula Vista, and San Diego, as applicable to that Party. Tri Pointe Homes shall defend, at its expense, including attorneys’ fees, Chula Vista and San Diego, their officers, agents, employees, subcontractors and independent contractors in any action based or asserted upon any Page 611 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 18 -- such alleged act or omission, save and except liability or claims arising through the judicially determined instances, if any, of gross negligence or willful misconduct of Chula Vista and San Diego, as applicable. 7.4 General Indemnity. Tri Pointe Homes shall fully and timely indemnify, reimburse, defend and hold Chula Vista and San Diego, their officers, agents, employees, subcontractors and independent contractors free and harmless from any liability, judgment, fees (including attorneys’ fees), costs, claim, action or proceeding whatsoever, based or asserted upon any act or omission of Tri Pointe Homes, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (Tri Pointe Homes’s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated by this Agreement or the Project Entitlements, including, but not limited to, the Property Tax Exchange Agreement between Chula Vista and San Diego relating to the annexation contemplated herein, the study, design, engineering, construction, completion, failure and conveyance of private or public improvements for the Project, save and except for liability or claims arising through: (i) the judicially determined instances, if any, of gross negligence or willful misconduct of Chula Vista or San Diego as applicable to that Party; (ii) claims otherwise fully covered by the separate indemnity provided by Section 7.2 of this Agreement; (iii) claims otherwise fully covered by the separate indemnity provided by Section 7.3 of this Agreement; (iv) a Chula Vista or San Diego’s breach of this Agreement; or (v) a challenge initiated or jointed in by Chula Vista or San Diego regarding the approval of or issuance of permits for the Project. Tri Pointe Homes shall defend with separate counsel mutually acceptable to the Parties, at its expense, including attorneys’ fees, Chula Vista and San Diego, their officers, agents, employees, subcontractors and independent contractors in any legal or equitable action based upon such alleged acts or omissions, save and except liability or claims arising through: (i) the judicially determined instances, if any, of gross negligence or willful misconduct of Chula Vista and San Diego, as applicable to that Party; (ii) claims otherwise fully covered by the separate indemnity provided by Section 7.2 of this Agreement; (iii) claims otherwise fully covered by the separate indemnity provided by Section 7.3 of this Agreement; (iv) a Chula Vista and San Diego material and uncured breach of this Agreement; or (v) a challenge initiated or joined in by Chula Vista and San Diego regarding the approval of or issuance of permits for the Project. 7.5 Tolling. The Parties agree to the tolling of all applicable limitation periods with respect to any claims or causes of action that could have been filed or asserted by Chula Vista and San Diego in connection with the discretionary approvals of the Project Entitlements. Such claims or causes of action include, without limitation, all legal or equitable challenge that San Diego could have filed or asserted in connection with Chula Vista’s approval. Whether or not the applicable statute of limitations is longer or shorter, the Parties agree that all such claims shall be filed within thirty (30) days of the later of LAFCO’s decision to deny the Reorganization or denial of a hearing to reconsider a denial of the Reorganization. The Parties agree that the term of the tolling period provided in this Section 7.5 may be extended by mutual written consent through an amendment, in the discretion of the parties, to the Annexation Agreement Operating Memorandum. The Parties agree that this Agreement does not revive or expand any related claims which were time-barred or otherwise not available prior to the date of the discretionary approvals of the Page 612 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 19 -- Project Entitlements. The Parties do not intend this provision to toll applicable statutes of limitations for any person or entity not signatories to this Agreement. ARTICLE 8 USE, DENSITY/INTENSITY, HEIGHT, TERM AND TERMINATION 8.1 Permitted Uses. The permitted uses of the Project Property shall be all the permitted uses allowed pursuant to the Project Entitlements and any applicable zoning, which are hereby incorporated by reference. 8.2 Density/Intensity. The permitted density or intensity of use shall be the density and intensity allowed pursuant to the Project Entitlements and any applicable zoning, which are hereby incorporated by reference. 8.3 Maximum Height. The maximum height and size of the proposed buildings shall be the maximum height and size allowed pursuant to the Project Entitlements and any applicable zoning, which are hereby incorporated by reference. 8.4 Dedication of Land. The reservation or dedication of land shall be those portions of the Project identified in the Project Entitlements as dedicated or reserved for public purposes, which are hereby incorporated by reference. 8.5 General Site Plan. The general site plan showing the arrangement of uses and circulation is the same as those identified in Exhibit A to Tentative Map No. PCS21-0001 on file at the City of Chula Vista, and is hereby incorporated by reference. 8.6 Annexation Agreement Term. 8.6.1 Term Duration. The Term of this Agreement shall commence upon the Effective Date and shall continue in full force and effect for ten (10) years thereafter or until Project Build-Out, whichever occurs first (“Expiration”), unless terminated earlier as provided below in Section 8.6.2 (“Early Termination”). 8.6.2 Early Termination. If LAFCO decides to deny the Reorganization and denies a hearing to reconsider a denial of the Reorganization, then this Agreement shall terminate thirty (30) days after LAFCO’s decision unless Tri Pointe Homes, the Mayor of San Diego, City Manager of Chula Vista, in its discretion, or their respective designees execute an Annexation Agreement Operating Memorandum extending the term of this Agreement. 8.6.3 Effects of Early Termination; Survival. Upon Early Termination of this Agreement, no Party shall have further rights or obligations under this Agreement, except those rights and obligations provided in Article 7 of this Agreement, all of which survive Early Termination. In addition, the Parties shall execute and record in the Official Records of the County of San Diego Recorder’s Office a document confirming termination of this Agreement and removing this Agreement as an exception to title to the Project Property. Page 613 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 20 -- 8.6.4 Effects of Expiration; Survival. Upon Expiration of the Agreement, no Party shall have further rights or obligations under this Agreement, except those rights and obligations provided in Article 7, Section 4.3, and Section 5.5. San Diego and Chula Vista shall bear the general obligation of municipalities or special districts to provide services to residents within their jurisdictional boundaries and in accordance with LAFCO terms and conditions. 8.6.5 Termination of Agreement With Respect to Individual Lots Upon Sale to Public. Notwithstanding any other provision herein, the Agreement shall terminate, without the execution or recordation of any further document, but with written notice from Tri Pointe Homes to the Parties, with respect to any lot which meets the following conditions: 8.6.5.1 A lot has been finally subdivided; and 8.6.5.2 A lot has been individually (and not in “bulk”) transferred, sold or leased to a member of the public or other ultimate user. ARTICLE 9 GENERAL PROVISIONS 9.1 Relationship of Parties. This Agreement is one of independent contractors and does not create an agency relationship between the Parties. 9.2 Project as Private Undertaking. It is specifically understood by the Parties that the Project is a private development and that Chula Vista, San Diego and the District do not have an interest in or responsibilities for or duty to third parties concerning the Project. The Parties make no guarantees regarding Project Build-Out or the profits related thereto. Nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as making the Parties joint venturers or partners. 9.3 No Third-Party Beneficiaries. The Parties expressly acknowledge and agree that they do not intend, by their execution of this Agreement, to benefit any person or entities not signatory to this Agreement. No person or entity not a signatory to this Agreement will have any rights or causes of action against the Parties, or any combination thereof, arising out of or due to the Parties’ entry into this Agreement. 9.4 Governing Law. This Agreement shall be interpreted and enforced in accordance with the provisions of California law, without regard to conflicts of laws provisions. 9.5 Notice. Unless otherwise permitted by this Agreement, all notices to be given shall be in writing and may be made by personal delivery, certified mail, postage prepaid and return receipt requested. Mailed notices shall be addressed to the Parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph . Receipt will be as follows: notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated on receipt or rejection. Page 614 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 21 -- If to Chula Vista: City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Attn: City Manager With a Copy to: Office of the City Attorney City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Attn: City Attorney If to City of San Diego: Development Services Department City of San Diego 1222 1st Avenue San Diego, California 92101 Attn: Elyse Lowe, Director With a Copy to: Planning Department City of San Diego 202 C Street, M.S. 413 San Diego, California 92101 Attn: Tait Galloway, Deputy Director – Community Planning & Housing With a Copy to: Office of the City Attorney City of San Diego 1200 Third Avenue, Suite 1620 San Diego, California 92101 Attn: Corrine Neuffer, Esq. Page 615 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 22 -- If to Tri Pointe Homes: 13520 Evening Creek Drive North, Suite 300 San Diego, California 92128 Attn: Mike Taylor With a Copy to: Sheppard Mullin Richter & Hampton, LLP 501 West Broadway, 19th Floor San Diego, California 92101 Attn: Whitney Hodges, Esq. 9.6 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall constitute an original. 9.7 Entire Agreement. This Agreement and the aforementioned MOU, incorporated herein by reference, contain the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. 9.8 Cooperation/Further Assurances/Further Acts. Each Party: (a) shall deal fairly and in good faith with the other Party; (b) shall not impede the other Party’s right to receive the benefits of this Agreement; (c) shall cooperate with and provide reasonable assistance to the other Party in the performance of this Agreement; and (d) shall execute such additional documents and to take such further actions as are reasonably necessary to accomplish the objectives and intent of this Agreement. 9.9 Waiver. The failure of any Party to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or any Party’s waiver of any breach hereunder, unless in writing, shall not relieve any other Party of a ny of obligations hereunder, whether of the same or similar type. The foregoing shall be true whether the waiving Party’s actions are intentional or unintentional. 9.10 Authorization to Execute. The signatories to this Agreement warrant that they have been lawfully authorized by their respective Parties to execute this Agreement on their behalf. Upon request, Tri Pointe Homes shall deliver to Chula Vista or San Diego copies of all applicable bylaws, resolutions or other documents evidencing the signatories’ legal authority to execute this Agreement on behalf of the respective Parties. 9.11 Binding On Heirs, Successors and Assigns; Covenant Running with the Property. The benefits and obligations described herein will inure to the benefit of and be binding upon Tri Pointe Homes and any assignee or successor in interest to the Annexation Property; Chula Vista and its respective heirs, successors, grantees, transferees and permissible assigns; San Diego and its respective heirs, successors, grantees, transferees and permissible assigns. It is intended to be and shall be a covenant running with the Property. Page 616 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 23 -- 9.12 Recordation. San Diego shall cause this Agreement or notice of this Agreement to be recorded with the County of San Diego Recorder’s Office within ten (10) days of San Diego’s receipt of the last signature required by this Agreement. 9.13 Severability. If any provision or clause of this Agreement or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect other provisions of this Agreement which can be given effect without the invalid provision or application. To this end, the provisions of this Agreement are declared to be severable. 9.14 Prohibition Against Assignment. Tri Pointe Homes may not assign this Agreement or any interest in it without the prior written consent of Chula Vista and San Diego. Chula Vista and San Diego shall only withhold consent upon finding or determination that the proposed assignee is unwilling or unable to assume typical applicable conditions or commitments, financial and otherwise, related to the Project Entitlements, and/or financial obligations of performance bonds, including bonds required by the “Contract to Make, Install and Complete Water and/or Sewer Facilities” (or other substantially similar form) whether presently existing or subsequently issued, related to the construction of the Project. Upon assignment in accordance with this Section 9.14, Tri Pointe Homes shall be released of all liability and obligations related to the Project. 9.15 Operating Memorandum. The Parties acknowledge that the provisions of this Agreement require a close degree of cooperation between Chula Vista, San Diego and Tri Pointe homes, and that the refinements and further development of the Project hereunder may demonstrate that changes are appropriate with respect to the details of performance of the Parties hereunder. The Parties desire, therefore, to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. If the Parties find that such changes or adjustments are necessary or appropriate from time to time during the term of this Agreement, then the Parties shall effectuate such changes or adjustments through an “Annexation Agreement Operating Memorandum” which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further changed and amended from time to time as necessary with further approval by the Parties. No such Annexation Agreement Operating Memorandum shall require prior notice of hearing, or constitute an amendment to this Agreement; and approval of this Agreement authorizes the Mayor of San Diego, Chula Vista City Manager, or their respective designees to enter into an Annexation Agreement Operating Memorandum. Failure of the Parties to enter into any Annexation Agreement Operating Memoranda shall not affect or abrogate any of the rights, duties or obligations of the Parties hereunder or the provisions of this Agreement. 9.16 Reservation of Discretion. Nothing in this Agreement shall be interpreted as requiring the exercise of Chula Vista’s or San Diego’s police powers, independent judgment, or discretion in any particular manner. 9.17 Force Majeure. A Party shall not be deemed to be in default under this Agreement if the Party is prevented from performing an action or obligation due to causes beyond its reasonable control, such as labor unrest, epidemic, walkouts, riots, casualties, litigation, weather, war or acts of God. Page 617 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 24 -- 9.18 Construction/Interpretation. This Agreement has been reviewed and revised by legal counsel for each Party, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. 9.19 Recitals and Exhibits. All recitals and exhibits are incorporated into this Agreement by this reference. The following Exhibits are attached to this Agreement and incorporated herein: Exhibit A: Project Property Exhibit B: Annexation Application Schedule Exhibit C: Resolution of Application for the Reorganization Exhibit D: Application for Reorganization Exhibit E: Plan for Providing Services Exhibit F: Fiscal Impact Analysis Exhibit G: Distribution of Revenue and Other Items [Signatures on following page] Page 618 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda -- 25 -- CITY OF SAN DIEGO, a California municipal corporation By: Mayor Attest: By: Clerk of San Diego City of San Diego APPROVED AS TO LEGAL FORM: San Diego City Attorney CITY OF CHULA VISTA, a California municipal corporation By: Maria V. Kachadoorian, City Manager Attest: By: Kerry Bigelow Clerk of the City of Chula Vista APPROVED AS TO LEGAL FORM: Marco Verdugo, City Attorney TRI POINTE HOMES, IE-SD, INC., a California corporation By: Mike Taylor Division President Page 619 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda A-1 EXHIBIT A Project Property Page 620 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda B-1 EXHIBIT B Annexation Application Schedule Page 621 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda C-1 EXHIBIT C Resolution of Application for the Reorganization [Attached behind this page] Page 622 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda D-1 EXHIBIT D Application for Reorganization [Attached behind this page] Page 623 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda E-1 EXHIBIT E Plan for Providing Services [Attached behind this page] Page 624 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda F-1 EXHIBIT F Fiscal Impact Analysis [Attached behind this page] Page 625 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda G-1 EXHIBIT G Distribution of Revenue and Other Items [Attached behind this page] Page 626 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4857-7571-6895.14 A-1 EXHIBIT A Project Property Page 627 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda EXHIBIT A PROJECT PROPERTY THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 89°42'04" WEST, 1069.30 FEET TO THE EASTERLY LINE OF FREEWAY DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED JULY 22, 1968 AS FILE NO. 123488 OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 3°47'10" EAST, 918.10 FEET; THENCE NORTH 80°52'26" EAST, 1030.62 FEET TO THE EAST LINE OF SAID SECTION; THENCE ALONG SAID EAST LINE SOUTH 0°28'33" WEST, 1074.02 FEET TO THE POINT OF BEGINNING. Page 628 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4857-7571-6895.14 B-1 EXHIBIT B Annexation Application Schedule Page 629 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Exhibit B: Nakano Annexation Application Overview Milestone Sequence Entity Resolution of Support for Reorganization Approved as part of Chula Vista City Council Actions City of Chula Vista Resolution of Application for Reorganization Approved as part of San Diego City Council Actions City of San Diego Reorganization Application (preparation in process) In process, completed application form and all required final components to be compiled 30 Days from San Diego City Council Hearing for submission to LAFCO City of San Diego Copy of City resolution approving pre-zoning and general plan land- use designations (application component) Approved as part of San Diego City Council Actions City of San Diego Plan for Providing Services (application component) Approved as part of San Diego City Council Actions City of San Diego Completed campaign contribution disclosure form and evaluation checklist for disclosure of political expenditures (pages 7 and 8 of application) Completed as part of LAFCO application, by or before, 30 Days from San Diego City Council Hearing for submission to LAFCO City of San Diego Property-owner consent form for inclusion of property (page 9 of LAFCO application) Completed as part of LAFCO application, by or before, 30 Days from San Diego City Council Hearing for submission to LAFCO Tri Pointe Homes Completed subject agency supplemental information form from each subject agency that will gain or lose territory as a result of the proposed jurisdictional boundary change (pages 10-12 of LAFCO application) Completed as part of LAFCO application, by or before, 30 Days from San Diego City Council Hearing for submission to LAFCO City of San Diego City of Chula Vista Otay Water District LAFCO and gives notice to each affected local agency, the county committee on school district organization, and each school superintendent whose school district overlies the affected territory and gives notice to the county assessor and county auditor After receiving the application LAFCO LAFCO Executive Officer determines whether the application is complete Within 30 days of receipt of application LAFCO Page 630 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda If application is complete, the Executive Officer issues certificate of filing No sooner than 20 days after the issuance of mailed notice LAFCO LAFCO sets a Commission hearing date for the application Date of the hearing must be within 90 days after issuance of certificate of filing. LAFCO LAFCO provides notice of hearing to affected agencies by first class mail At least 21 days prior to hearing LAFCO LAFCO Executive Officer issues report At least 5 days prior to hearing LAFCO LAFCO hearing on the application Date of the hearing must be within 90 days after issuance of certificate of filing LAFCO Waiver of Protest Hearing At or immediately following hearing LAFCO Commission adopts a resolution making determinations approving, approving with conditions, or disapproving the application Within 35 days after the hearing LAFCO Certificate of Completion of Reorganization Following the satisfaction of any conditions of approval required to be completed prior to the filing of the certificate of completion LAFCO Recordation of Certificate of Completion with County Recorder’s Office Following issuance of Certificate of Completion. The date of recordation of the Certificate of Completion serves as the effective date LAFCO Filing with State Board of Equalization Following issuance and recordation of Certificate of Completion LAFCO Effective Date Upon the date of recordation of the Certificate of Completion with the Recorder's Office of the County of San Diego, which the Parties desire to occur as soon after LAFCO Approval of the Reorganization as is reasonably possible LAFCO Page 631 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Exhibit B: Nakano Annexation Application Schedule Milestone Deadline Responsible Entity Landowner Consent Form 30 days from Effective Date Tri Pointe Homes Resolution of Application of Reorganization 30 days from Effective Date San Diego Resolution of Support of Application 10 days from Effective Date Chula Vista Application of Reorganization 30 days from approval of Resolution of Application of Reorg San Diego Plan for Providing Services 30 days from approval of Resolution of Application of Reorg San Diego Notice of LAFCO Hearing 21 days prior to hearing date LAFCO Hearing As soon as reasonably possible LAFCO Waiver of Protest Hearing At or immediately following hearing LAFCO (Requires 100% landowner consent and concurrence from affected agencies) Certificate of Completion of Reorganization (Requires recordation with County Recorder’s Office and filing with State Board of Equalization) As soon as reasonably possible Issuance – LAFCO Recordation – San Diego Effective Date Upon the date of recordation of the Certificate of Completion with the Recorder's Office of the County of San Diego, which the Parties desire to occur as soon after LAFCO Approval of the Reorganization as is reasonably possible LAFCO Page 632 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4857-7571-6895.14 C-1 EXHIBIT C Resolution of Application for the Reorganization [Attached behind this page] Page 633 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -1- EXHIBIT C RESOLUTION NUMBER ______________________ DATE OF FINAL PASSAGE ____________________ RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF SAN DIEGO REQUESTING THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN DIEGO INITIATE PROCEEDINGS THE DETACHMENT OF THE PROPOSED NAKANO RESIDENTIAL DEVELOPMENT PROJECT (PROJECT NO. _________) FROM THE CITY OF CHULA VISTA AND OTAY WATER DISTRICT SPHERE OF INFLUENCE AND FOR THE ANNEXATION OF THE PROJECT SITE INTO THE JURISDICTIONAL BOUNDARIES OF THE CITY OF SAN DIEGO WHEREAS, Tri Pointe Homes IE-SD, Inc, Owner/Permittee, (Tri Pointe Homes) filed an application to obtain approvals from the City of Chula Vista for a residential development known as the Nakano project, located in proximity to Dennery Road and Ocean View Parkway, abutting the City of San Diego, and as further described in Exhibit A attached hereto; and WHEREAS, the Nakano project proposes the development of a multifamily residential project, with up to 221 units, including 22 affordable units, private open space amenity areas, and connecting trails to the Otay Valley Regional Park; and WHEREAS, the City of Chula Vista proposes to detach the project site from the City of Chula Vista’s territory and Otay Water District service district sphere of influence, and annex it into the City of San Diego’s territory; and WHEREAS, representatives of the City of San Diego, City of Chula Vista and Tri Pointe Homes have negotiated an agreement, for the independent review and approval of public agency decision-makers, identifying the rights and duties of said parties that would Page 634 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -2- facilitate orderly development of the Nakano project described herein (Annexation Agreement); and WHEREAS, the Annexation Agreement outlines the process to detach approximately 23.8 acres of the Nakano project site from the City of Chula Vista and Otay Water District, and annex the property into the jurisdictional boundaries of the City of San Diego; WHEREAS, on _______________________, the City Council of the City of Chula Vista, as Lead Agency under the California Environmental Quality Act (Pub. Res. §§ 21000 et seq.) (CEQA), certified Environmental Impact Report (Project No. _________/SCH 2022060260) (EIR) that was prepared in accordance with CEQA and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), adopted CEQA Findings and a Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program; and WHEREAS, the City of Chula Vista is, or will be, considering a Resolution of Support for the Application Requesting the Local Agency Formation Commission to Take Proceedings for the Nakano Development Project Reorganization; and WHEREAS, through this resolution, the City of San Diego desires to: (i) detach the Nakano project site, the boundaries of which are described in Exhibit A attached hereto, from the City of Chula Vista and Otay Water District; and (ii) annex said Nakano project site into the jurisdictional boundaries of the City of San Diego (the Reorganization); WHEREAS, on ________________, the Planning Commission of the City of San Diego considered Tri Pointe Homes’s request for a resolution for the Application Page 635 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -3- Requesting The Local Agency Formation Commission Of The County Of San Diego Initiate Proceedings The Detachment Of The Proposed Nakano Residential Development Project (Project No. _________) From The City Of Chula Vista And Otay Water District Sphere of Influence And For The Annexation Of The Project Site Into The Jurisdictional Boundaries Of The City Of San Diego and recommended approval; and WHEREAS, the plan for providing services prepared in accordance with the requirement of Government Code section 56653 is attached hereto as Exhibit B (Plan for Services) and as further explained in Section ____ of the Resolution; and WHEREAS, the Local Agency Formation Commission of the County of San Diego (LAFCO), is the state-mandated regulatory agency established by the Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000 (Govt. Code §§ 56000 et seq.) (Act) to review and approve proposed jurisdictional boundary changes, including annexations and detachments of certain real property to and/or from cities and special districts principally to discourage urban sprawl and to encourage the orderly and efficient provision of services; and WHEREAS, the Reorganization is consistent with the legislative intent of the Act in that it will provide for orderly development of the Nakano project site and for more efficient services to the future inhabitants of the Nakano project site through the City of San Diego as shown in the Plan for Services; and WHEREAS, Government Code section 56375(a)(7) provides that LAFCO require, as a condition to annexation, that a city prezone the area to be annexed, or, alternatively, to present evidence satisfactory to LAFCO that the existing development entitlements related to the area are vested and consistent with the city's General Plan; and Page 636 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -4- WHEREAS, this Resolution and the Annexation Agreement provide evidence that the Project entitlements are vested and consistent with the City of San Diego’s General Plan in accordance with the terms of the Annexation Agreement; and WHEREAS, through the Annexation Agreement, the City of San Diego agrees to provide full faith and credit to the vested rights of Tri Pointe upon the same terms and conditions as the City of Chula Vista; and WHEREAS, the Nakano property site subject to the Reorganization is uninhabited, NOW THEREFORE, BE IT RESOLVED, by the Council of the City of San Diego, that the recitals above are hereby incorporated by reference. BE IT FURTHER RESOLVED, by the Council of the City of San Diego, this proposal is made, and it is requested that proceedings be taken, pursuant to the Act. BE IT FURTHER RESOLVED, by the Council of the City of San Diego, this proposal is a reorganization and consists of the following changes of organization: (list all boundary changes here). A map of the affected territory is set forth in Exhibit A, attached hereto and by reference incorporated herein. BE IT FURTHER RESOLVED, by the Council of the City of San Diego, this application, Resolution and Annexation Agreement are intended to comply with the requirements of Government Code section 56375(a)(7) as recited above. BE IT FURTHER RESOLVED, by the Council of the City of San Diego, the proposal is not consistent with the Sphere of Influence of the City of San Diego. Page 637 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -5- BE IT FURTHER RESOLVED, by the Council of the City of San Diego, consent is hereby given to the waiver of conducting authority proceedings. BE IT FURTHER RESOLVED, by the Council of the City of San Diego, that it finds approval of this resolution to be consistent with the applicable land use plans because this Nakano project site is adjacent to the City of San Diego’s Ocean View Hills development, is easily accessible for purposes of the provision of services and utilities and, therefore, would be served by City of San Diego services and utilities regardless of annexation. BE IT FURTHER RESOLVED, by the Council of the City of San Diego, after considering the evidence presented in the public hearing, that the City of San Diego hereby requests LAFCO to initiate proceedings for the Reorganization as supported by the following findings and on the terms and conditions below. Capitalized terms not otherwise defined in this Resolution shall have the meaning given to them in the Annexation Agreement. 1. Effective Date of Reorganization. In accordance with Government Code section 57202(a), the effective date of the Reorganization shall be upon the date of recordation of the Certificate of Completion with the Recorder's Office of the County of San Diego, which the Parties desire to occur as soon after LAFCO Approval of the Reorganization as is reasonably possible (“Reorganization Effective Date”). 2. Processing of and Services to the Nakano Development Project Before and After the Reorganization Effective Date. Page 638 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -6- a. Role of the City of San Diego. Prior to Reorganization, the City of San Diego shall process any and all approvals necessary or related to the Reorganization, including, but not limited to, the San Diego Project Entitlements (as defined in the Annexation Agreement). The City San Diego shall also take such actions that it would otherwise take regarding the Project after the Reorganization, including issuance of Certificates of Occupancy and recordation of a final map. The City of San Diego shall provide necessary municipal services to the Project Property after the Reorganization. b. Role of the City of Chula Vista. Prior to the Reorganization, the City of Chula Vista shall process, permit and inspect the Project in accordance with the Chula Vista Project Entitlements (as defined in the Annexation Agreement), and take such actions that it would otherwise take regarding the Project during and until the Reorganization. c. Tri Pointe Homes’s Obligation; Property Maintenance. Tri Pointe Homes shall make reasonable efforts to process the Chula Vista Project Entitlements (as defined in the Annexation Agreement) with the City of Chula Vista to completion. Tri Pointe Homes shall make reasonable efforts to process the San Diego Project Entitlements (as defined in the Annexation Agreement) with the City of San Diego to completion. At all times, Tri Pointe Homes shall maintain the Project Property in good condition and in compliance with reasonable maintenance standards Page 639 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -7- sufficient to keep the Project Property free from fire hazards, visible defects, deterioration, dirt and debris. 3. Distribution of Processing Fees, Mitigation Fees, Credits, Open Space and Other Revenue from the Project and the Project Property. a. General Intent of the Parties. The Parties intend that the Party that provides a particular service to the Project or the Project Property, or that will bear the impact for which a fee is imposed, should receive the fees or revenue associated with that service or impact. The Parties desire that this general intent guide the resolution of any future disputes about which Party should receive a fee or revenue associated with the Project on the Project Property, unless otherwise expressly provided in Section 3(g) of this Resolution. It is also the intent of the Parties to comply with Government Code sections 66000 - 66025 and not to duplicate fees charged to Tri Pointe Homes. b. Annexation Agreement/Revenue Sharing Agreement. The Parties intend the Annexation Agreement to fulfill LAFCO requirements for a Revenue Sharing Agreement among the Parties. To the extent not already addressed in the Annexation Agreement, any further LAFCO-required revenue sharing shall be governed by the Tax Sharing Agreement, as mutually agreed upon by the City of Chula Vista and the City of San Diego, allocating the municipal share of property taxes and fee related revenue. The City of San Diego shall submit any further LAFCO-required revenue sharing agreement to LAFCO in accordance with legal requirements. Page 640 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -8- c. Fiscal Impact Analysis. The Parties have caused the preparation of a Fiscal Impact Analysis, attached to the Annexation Agreement as Exhibit F, which identifies both the current and anticipated taxes, fees, assessments and other revenue associated with the Project and the Project Property and the anticipated costs for the provision of various municipal services to the Project and the Project Property. The Parties intend to use the Fiscal Impact Analysis as a guide to help the Parties to: (a) properly allocate the revenue from the Project or Project Property to the Party that provides the service or bears the impact for which the revenue is provided, in accordance with the general intent of Section 3(a) of this Resolution; (b) to assist in the calculation of the annual operating deficiency, if any; (c) to avoid duplication of fees; and (d) to help satisfy any LAFCO-related information requirements. d. Distribution of Revenue and Other Items. The Parties have attempted to identify the known taxes, fees, assessments, credits, dedications and other revenue generated from the Project or the Project Property in Exhibit G of the Annexation Agreement, and for each such item, the Parties have designated the Party entitled to receive the item. e. Payment of Fees by Tri Pointe Homes. Prior to the issuance by the City of Chula Vista and/or the City of San Diego of any permits for the Project, Tri Pointe Homes must pay the fees, assessments or other amount related to the permits and required to be paid to the Party entitled to receive the fee, assessment or payment in accordance with applicable conditions of Page 641 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -9- approval, regulations and agreements. If the payment is due to the City of San Diego, Tri Pointe Homes shall make such payment directly to the City of San Diego. If the payment is due to the City of Chula Vista, Tri Pointe Homes must make the payment directly to the City of Chula Vista. Tri Pointe Homes agrees to use reasonable efforts to ensure that all required fees are paid to the Party designated to receive such payment prior to permit issuance. If a permit is issued prior to the payment of all required fees, Tri Pointe Homes is still obligated to pay the required fee to the designated Party. f. Payment of Local Share of Property Taxes. Tri Pointe Homes or other landowners within the Project Property shall satisfy their duty to pay tax revenue to the Parties identified in Exhibit G to the Annexation Agreement through payment of applicable property taxes to the County of San Diego Assessor’s Office through the Assessor’s Office’s proscribed means. If the City of San Diego receives the local government share of property taxes for the Project Property after the Reorganization Effective Date, then the City San Diego shall transfer such property taxes to the Parties identified in Exhibit G of the Annexation Agreement in accordance with the percentage of time during the annual assessment period that services were required to be provided by such Parties pursuant to the Annexation Agreement. g. Undesignated Government Revenue. In the event that government revenue is generated from the Project or the Project Property that are not identified, Page 642 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -10- in whole or in part, in the Annexation Agreement, such revenue shall be distributed in a manner consistent with the Tax Sharing Agreement, as mutually agreed upon by the City of Chula Vista and the City of San Diego, and the general intent expressed in Section 3(a) above. h. Municipal Services Cost Neutrality. The provision of municipal services to the Project or Project Property is intended be on a cost neutral basis to the City of San Diego. The Parties agree such cost neutrality is satisfied because they have caused the preparation of a Fiscal Impact Report that concludes that the City of San Diego’s cost of services will be equal to or less than the revenue the City of San Diego anticipates it will receive from the Project. Accordingly, the Parties shall implement the requirements of the Annexation Agreement. i. Housing Credits and Inclusionary Affordable Housing Fees. San Diego shall be entitled to receive credit towards its share of the regional housing needs allocation for the number of qualifying units, if any, in the Project. In addition, San Diego shall be entitled to receive any and all inclusionary housing fees associated with the Project as may be established by the Project Entitlements (as defined in the Annexation Agreement) or the jurisdiction’s rules and regulations. The anticipated amount based on the current fee and estimated square footage of the homes is identified in Exhibit G of the Annexation Agreement. For the avoidance of doubt, Chula Vista shall not collect inclusionary housing fees or condition Tri Pointe Homes to construct affordable housing units on-site or off-site. Page 643 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -11- 4. Provision of Municipal Services to the Project Property. a. Water and Sewer. Upon the Reorganization Effective Date, the City of San Diego shall provide water and sewer services to the Project Property. Tri Pointe Homes shall construct or cause the construction of all on-site public improvements and off-site public improvements necessary to connect to the City of San Diego’s water and sewer services as required by the Project Entitlements and the City of San Diego’s standards and approved material requirements adopted by the City of San Diego, City of San Diego’s rules and regulations, and the Contract to Make, Install and Complete Water and/or Sewer Facilities, to be entered into by Tri Pointe Homes and the City of San Diego prior to commencement of construction, all of which are incorporated by reference. All water and sewer facilities shall be inspected and tested in accordance with the standards adopted by the City of San Diego. Tri Pointe Homes shall pay sewer and water capacity fees and other applicable fees, to the City of San Diego in accordance and compliance with fee schedules in effect at the time of payment by Tri Pointe Homes to the City of San Diego, as identified in Exhibit G of the attached Annexation Agreement. The City of San Diego shall recover all of its other expenses not associated with the sewer and water capacity fee through monthly water and sewer rates charged to users in accordance with rules and regulations applicable to the City of San Diego. Upon the Reorganization Effective Date, the City of San Diego shall provide water and sewer services to the Project Property at the same Page 644 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -12- level of service and upon the same terms and conditions as provided to other properties within the City of San Diego’s service area and assess such users monthly water and sewer rates in accordance the rules and regulations applicable to the City of San Diego. b. Fire & Life Safety. Upon the Reorganization Effective Date, the City of San Diego shall provide or cause to be provided primary fire and life safety services to the Project Property and the City of Chula Vista shall provide or cause to be provided supplemental fire and life safety services pursuant to the terms of the any applicable automatic and mutual aid agreement(s), as currently existing or as may be amended, between the City of San Diego and the City of Chula Vista (“Mutual Aid Agreement”). The City of San Diego shall provide law enforcement services to the Project Property at the same level of service and upon the same terms and conditions as provided other areas of the City of San Diego. c. Law Enforcement Services. Upon the Reorganization Effective Date, the City of San Diego shall provide or cause to be provided primary law enforcement services to the Project Property. The City of San Diego shall provide law enforcement services to the Project Property at the same level of service and upon the same terms and conditions as provided other areas of the City of San Diego. d. Other Municipal Services. Upon the Reorganization Effective Date, the City of San Diego shall provide or cause to be provided such other municipal services to the Project Property, other than the processing of the Page 645 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -13- Chula Vista Project Entitlements (as defined by the Annexation Agreement) to be provided by the City of Chula Vista under the Annexation Agreement, as are typically provided to residential developments in the City of San Diego. 5. Full Faith and Credit Given to Right to Develop the Project in Accordance with the Project Entitlements. a. Full Faith and Credit of Development Rights. The Parties agree that Tri Pointe Homes shall have the right to develop the Project in accordance with the Project Entitlements, and the City of San Diego agrees to give full faith and credit to the Project Entitlements on the terms and conditions as issued by the City of Chula Vista. To the extent the Project Entitlements provide Tri Pointe Homes with vested rights to develop the Project in accordance with the Project Entitlements, the City of San Diego agrees to give full faith and credit to those vested rights on the same terms and conditions as the City of Chula Vista. The full faith and credit created by the Annexation Agreement is not intended to either expand or contract Tri Pointe Homes’s right to develop the Project in accordance with the Project Entitlements. The full faith and credit created herein is intended to provide Tri Pointe Homes with the assurance that the City of San Diego will honor Tri Pointe Homes’s vested development rights in the same manner and under the same conditions as San Diego. b. Post-Project Entitlements Approval Actions by Tri Pointe Homes. After the City of Chula Vista’s approval of the discretionary Project Page 646 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -14- Entitlements, but before the Reorganization Effective Date, and with payment of processing fees, Tri Pointe Homes may process and complete all requirements necessary for a final map and process the applications for the ministerial Project Entitlements. c. Development of Project Property after Full Project Build-Out. Any development of the Project Property occurring after full Project Build-out that is not governed by the Project Entitlements shall conform to the then existing requirements of the City of San Diego. The City of San Diego shall treat any existing development that occurred in accordance with the Project Entitlements as legal non-conforming, except to the extent that compliance with the City of San Diego requirements would not unreasonably interfere with such existing development and would be consistent with the requirements imposed by the City of San Diego on existing development outside the Project Property. i. The City of San Diego: Reserved Authority; Changes in Federal or State Law. The City of San Diego shall retain the same rights as possessed by the City of Chula Vista to apply land use or building requirements that may conflict with the Project Entitlements in the same manner and on the same conditions as the City of Chula Vista, including: (a) the reasonable determination that compliance with the Project Entitlements would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety; or (b) as necessary to comply with state or federal law Page 647 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -15- or mandates. The action chosen to implement this reserved authority shall be of the minimum scope, effect, and duration necessary to accommodate the health and safety issue or higher law. 6. Additional Terms and Conditions. a. Agreed to by Parties. The Parties may agree to include additional terms and conditions as part of the Application for Reorganization to be submitted by the City of San Diego to LAFCO during the LAFCO process through an Annexation Agreement Operating Memorandum. b. Imposed by LAFCO. The Parties acknowledge that LAFCO may impose additional terms and conditions on the Reorganization beyond those set forth in this Resolution. The Parties shall reasonably consider such terms and conditions and support them unless any such LAFCO imposed term or condition is in fundamental conflict with the terms and conditions of this Resolution. BE IT FURTHER RESOLVED, by the Council of the City of San Diego, the initiation of proceedings for the Reorganization is an action contemplated and analyzed in the EIR for the Project in compliance with CEQA. The EIR analyzes the environmental impacts that would result from the Project. The analysis discusses the potential impacts to Land Use, Landform Alteration/Visual Quality/Neighborhood Character, Air Quality/Odor, Biological resources, Historical resources, Human Health/Public Safety/Hazardous materials, Hydrology/Water Quality, Geology and Soils, Greenhouse Gases, Noise, Paleontological Resources, Transportation/Circulation, Public Facilities and Services, Public Utilities, and Energy Use/Conservation. The analysis concludes that Page 648 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -16- the Project would result in significant, but mitigable direct impacts associated with [INSERT IMPACTS]. Implementation of the Mitigation Monitoring and Reporting Program would reduce these environmental effects to below a level of significance. Findings of Fact and Statement of Overriding Considerations have been adopted by the City of Chula Vista as Lead Agency for the Project. Findings of Fact pertain to: 1) Findings Regarding Significant Impacts that can be Mitigated to below a Level of Significance; 2) Findings Regarding Mitigation Measures which are the Responsibility of Another Agency; 3) Findings Regarding Infeasible Mitigation Measures; 4) Findings Regarding Alternatives Considered and rejected; and 5) Findings Regarding Alternatives Considered in the EIR. The Statement of Overriding Considerations pertain to: [INSERT OVERRIDING CONSIDERATIONS]. BE IT FURTHER RESOLVED, by the Council of the City of San Diego, that it finds through its review of the EIR and other materials in the Administrative Record, the Council evaluated: (a) the present and planned land uses for the project site; (b) the present and the future need for urban services and facilities; (c) the fiscal impact of the reorganization; (d) whether the reorganization promotes an orderly and logical revision of the City’s boundaries; (e) the ability of the City of San Diego, City of Chula Vista and the Otay Water District to provide urban level services; (f) whether the organization would induce residential growth; (g) whether the proposal would provide for affordable housing; (h) whether the proposal would provide for open space; (i) the effect of reorganization on social and economic interests; and (j) the level of support on the part of affected property owners and area residents. Page 649 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4883-1031-1228.9 -17- BE IT FURTHER RESOLVED, by the Council of the City of San Diego, that it finds the level of support from the property owners and area residents in the mostly uninhabited area is adequate; and BE IT FURTHER RESOLVED, by the Council of the City of San Diego, that it finds the annexation contributes to the social and economic interests and benefits and propose an orderly and logical revision of the City of San Diego boundaries because it facilities that Nakano Project, which will provide affordable housing, and provides more efficient services to the project in exchange for applicable development fees and government revenues generated by construction and operation of the residential development. BE IT FURTHER RESOLVED, by the Council of the City of San Diego, that this Resolution of Application is hereby approved and adopted by the City of San Diego. The Local Agency Formation Commission of San Diego County is hereby requested to process the Reorganization in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 and in accordance with this Resolution. As a Responsible Agency, pursuant to CEQA Guidelines section 15096, the Council of the city of San Diego has considered and approved the certified EIR, Findings of Fact and Statement of Overriding Considerations for the Project. APPROVED: [INSERT NAME], City Attorney: By: __________________________________ [INSERT NAME] Deputy City Attorney Page 650 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4857-7571-6895.14 D-1 EXHIBIT D Application for Reorganization [Attached behind this page] Page 651 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SAN DIEGO LOCAL AGENCY FORMATION COMMISSION 9335 Hazard Way · Suite 200 · San Diego, CA 92123 (858) 614-7755 · www. sdlafco.org Updated: September 3, 2019 S AN D IEGO L OCAL A GENCY F ORMATION C OMMISSION CHANGE OF ORGANIZATION OR REORGANIZATION APPLICATION The following information must be submitted when filing a change of organization or reorganization proposal with the San Diego Local Agency Formation Commission (LAFCO); additional information may be requested during review of the proposal. 1. Completed CHANGE OF ORGANIZATION OR REORGANIZATION APPLICATION. 2. (a) A certified resolution of application from an affected city or district; or (b) A landowner or registered voter petition making application to San Diego LAFCO (available from LAFCO or http://www.sdlafco.org/forms/petition.pdf). 3. A metes-and-bounds legal description of the proposal territory perimeter for the proposed boundary change(s), a reproducible parcel/plat map, and a vicinity map. For information about mapping requirements, refer to: http://www.sdlafco.org/forms/legal_description.pdf, and contact the County Assessor’s Mapping Division at 619/531-5588. The Thomas Brother’s Guide may be used for the vicinity map. 4. Environmental documentation to comply with the California Environmental Quality Act (CEQA); submit documents for applicable category only: (a) INITIAL STUDY: Submit completed form (available from LAFCO) if no environmental review has been conducted; (b) CATEGORICAL EXEMPTION: Submit document if an agency has certified that the project qualifies for a categorical exemption from CEQA; (c) NEGATIVE DECLARATION (ND): Submit document with certifying resolution and Initial Study*; (d) ENVIRONMENTAL IMPACT REPORT (EIR): Submit 15 copies of the Final EIR and certifying resolution, plus one copy of the EIR Appendix*. * For an ND or EIR, a copy of the receipt for the fee paid to the California Department of Fish and Game must be submitted. 5. If annexation to a city is proposed, submit one copy of the city resolution approving prezoning and general plan land-use designations for the proposal territory. 6. JURISDICTIONAL CONFLICTS: If the response to question number 6 on page 3 is “Yes”, complete and sign the Policy L-107 form at http://www.sdlafco.org/forms/Legislative_Policy_L_107.pdf. 7. Completed CAMPAIGN CONTRIBUTION DISCLOSURE FORM AND EVALUATION CHECKLIST for DISCLOSURE OF POLITICAL EXPENDITURES (pages 7 and 8 of application). 8. PROPERTY-OWNER CONSENT FORM FOR INCLUSION OF PROPERTY (page 9 of application). 9. Completed SUBJECT AGENCY SUPPLEMENTAL INFORMATION FORM (pages 10-12 of application) from each subject agency. 10. LAFCO processing fees. The San Diego LAFCO FEE SCHEDULE is available at http://www.sdlafco.org/document/feeschedule.pdf, or contact LAFCO staff. ✔ ✔ ✔ ✔ Page 652 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 2 of 12 CHANGE OF ORGANIZATION OR REORGANIZATION APPLICATION The information in this application is used by LAFCO staff to evaluate proposals for changes of government organization. Please respond to all items in this form, indicating “NA” when an item does not apply. SUBJECT AGENCY(IES) (City or Special District) PROPOSED CHANGE OF ORGANIZATION/ACTION (Annexation, detachment, sphere amendment, etc.) 1. ______________________________ 1. _______________________________________ 2. ______________________________ 2. __________________________________________ 3. ______________________________ 3. __________________________________________ 4. ______________________________ 4. __________________________________________ As part of this application, the City of ________________ or the _______________________ District, ____________________________(the applicant), and/or the __________________________ (real party in interest): subject landowner and/or registered voter agrees to defend, indemnify, hold harmless, and release the San Diego LAFCO, its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against any or all of them, the purpose of which is to attack, set aside, void, or annul San Diego LAFCO’s review, approval or denial of this application or adoption of or refusal to adopt the environmental document which accompanies it or any other action San Diego LAFCO takes with respect to this application. This defense and indemnification obligation shall include, but not be limited to, attorneys’ fees, expert witness fees and other costs of defense, damages, costs, and expenses, including attorney fees payable to another party. Applicant and/or real party in interest agree that San Diego LAFCO shall have the right to appoint its own counsel to defend it and conduct its own defense in the manner it deems in its best interest and that San Diego LAFCO’s taking such action does not limit the obligations to indemnify and reimburse San Diego LAFCO’s defense costs. This defense and indemnification obligation shall apply whether or not there is concurrent passive or active negligence on the part of the San Diego LAFCO, its agents, officers, attorneys, or employee. The person signing this application will be considered the proponent for the proposed action(s) and will receive all related notices and other communications. San Diego LAFCO’s acceptance of this application is sufficient to make this agreement a binding, bilateral contract between us. I acknowledge that annexation to the city of _______________________ or the ________________________district may result in the imposition of taxes, fees and assessments existing within the (city or district) on the effective date of annexation. I hereby waive any rights I may have under Articles XIIIC and XIIID of the State Constitution (Proposition 218) to a hearing, assessment ballot proceeding or an election on those existing taxes, fees and assessments. Agreed: Signature: _______________________________________________Date: ________________________ Print/Type Name: ___________________________________________________________________________ Address: ____________________________________________________________________________ ________________________________________________________Telephone: ( ) _______________ Property Address: _____________________________________________________________________ Cross Street(s): _______________________________________________________________________ Assessor Parcel Number(s): ____________________________________Acres: _____________________ Indicate below if anyone, in addition to the person signing this application, is to receive notices of these proceedings. Name: ______________________________________________________________________________ Address: _____________________________________________________________________________ ________________________________________________________Telephone: ( ) _______________ City of Chula Vista Detachment, sphere amendment Otay Water District Detachment, sphere amendment City of San Diego Annexation, sphere amendment San Diego Tri Pointe Homes San Diego 03/01/2024 Elyse Lowe City of San Diego Development Services City Operations Building, 1222 First Avenue, San Diego, CA, 92101 (619) 446-5423 Located on the north side of Dennery Road between Regatta Lane and Golden Sky Way Bound by I-805 (west), Otay River (north), Riveredge Apartments (east) Kaiser Permanente (south) 624-071-0200 23.8 Mike Taylor, Division President, Tri Pointe Homes 13520 Evening Creek Drive North, Suite 300 San Diego , CA 92128 858-794-2500 Page 653 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 3 of 12 A. PROPOSAL DESCRIPTION/JUSTIFICATION 1. Explain in detail why the proposal is necessary at this time (e.g., condition of an approved tentative map, an existing structure requires new services, etc.). ______________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ 2. Describe the use of developed property within the proposal territory, including details about existing structures. Describe anticipated development of vacant property, including types of buildings, number of units, supporting facilities, etc., and when development is scheduled to occur. __________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ 3. Describe the topography and physical features of the proposal territory, as well as its general location in relation to communities, major freeways/highways, roads, etc. ______________________ ___________________________________________________________________________________ ___________________________________________________________________________________ _____________________________________________________________________________________ 4. How many residents live within the proposal territory? ______________________________________ 5. How many of these residents are registered voters? ________________________________________ 6. Are there any jurisdictional issues associated with the LAFCO proposal or pending LAFCO action? Ƒ NO Ƒ YES (If yes, please complete the Policy L-107 form at http://www.sdlafco.org/forms/Legislative_Policy_L_107.pdf) B. LAND USE INFORMATION GENERAL PLAN AND ZONING: If the proposal territory is not within an incorporated city, San Diego County General Plan and zoning information may be obtained by calling (858) 565-5981 or toll-free (888) 267-8770 with the Assessor Parcel Number(s) of the subject property. If the proposal territory is within a city, please call the appropriate city’s planning department for General Plan and zoning information. 1. COUNTY: (a) The territory is within the _____________________________________________ community plan. (b) The County General Plan or community plan designation and allowed density: ________________ ________________________________________________________________________________ (c) Current County zoning and allowed density: ___________________________________________ ________________________________________________________________________________ The Nakano Project does not have direct access to Chula Vista utilities, services, and facilities, and, will therefore need to be annexed into and served by San Diego. The site is currently vacant undeveloped land. Proposed development would include 215 dwelling units (221 max) consisting of 61 detached condominiums, 84 duplexes, and 70 multi-family units. Development would include roadway improvements to allow for ingress and egress, as well as several mini parks and trail connections to the Otay Valley Regional Park. Grading is intended to begin in mid- 2025 with first home closings in 2026. Located on the northside of Dennery Ranch Road between Regatta Lane and San Star Way to the east of the parcel is the River Edge Terrace apartments, to the south the Kaiser Permanente Medical Center and to the southeast is Dennery Road. The site is east of Interstate 805 and currently vacant undeveloped land. The topography of the site is sloping from south to north with hillside slopes on the southern boundary. 0 N/A NA NA NA ✔ Page 654 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 4 of 12 2. CITY: (a) The territory is within the general plan area for the City of _______________________________ (b) The City General Plan land use designation and allowed density: __________________________ ________________________________________________________________________________ (c) Current City zoning and allowed density: _____________________________________________ ________________________________________________________________________________ (d) Current City prezoning and allowed density: __________________________________________ ________________________________________________________________________________ 3. Indicate below all permits or approvals that will be needed by the County or any city to complete the project. If already granted, please note the date of approval and attach a copy of each resolution of approval. If approval is pending, please note the anticipated approval date. Type of Approval or Permit File No. Approval Date Is Resolution Attached? Tentative Subdivision Map YES NO Tentative Parcel Map YES NO Major Use Permit YES NO City/County General Plan Amendment YES NO City Prezoning YES NO County Rezone YES NO (Other) YES NO 4. Describe the land uses surrounding the proposal territory (e.g., residential, commercial, agricultural, industrial, open space, etc.). North: ________________________________________East:_________________________________ South: ________________________________________West:________________________________ 5. Indicate with a DDif any portion of the proposal territory contains the following: _____Agricultural land uses _____Agricultural Preserve _____Open Space Easement _____Slopes greater than 25% _____Sewer moratorium area _____Coastal Permit Zone _____Unusual features such as:________________________________________________________ 6. For city annexation proposals: Is any part of the proposal territory under a Williamson Act contract? If yes, please contact the LAFCO office for special instructions regarding petition/resolution of application requirements. YES NO Chula Vista Project site designated Project site designated as Specific Plan – Residential Medium Project site designated as Specific Plan – Residential Medium TBD TBD TBD Agriculture (SD County)RM-2-4 (City of San Diego) CC-1-3 (City of San Diego) AR-1-1 (City of San Diego) as Specific Plan – Residential Medium to allow residential development at a density range of 6.1 to 11 dwelling units per acre to allow residential development at a density range of 6.1 to 11 dwelling units per acre to allow residential development at a density range of 6.1 to 11 dwelling units per acre ✔ ✔ ✔ ✔ ✔ Page 655 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 5 of 12 C.PUBLIC SERVICES INFORMATION SEWER SERVICE: 1.(a) Is the proposal territory within a district or city that provides public sewer service? (b)If yes, which agency? _______________________________________________ YES NO 2. (a) Is a developed parcel in need of annexation due to failed septic system? (b)If yes, include a copy of any letters from the San Diego County Department of Environmental Health or private septic-system company. (c)If no, is annexation for sewer service part of this application? YES NO YES NO 3.If annexation for sewer service is proposed, which district or city would serve the territory if this jurisdictional change is approved? ____________________________ 4.(a) Has the agency that will be providing service issued a letter of sewer availability? (b)If yes, please provide a copy of the letter with this application. (This documentation should be completed by the agency no longer than 6 months prior to submittal to LAFCO.) YES NO 5. (a) Will the agency be prepared to furnish sewer service upon annexation? (b)If no, please explain:________________________________________________ ___________________________________________________________________ YES NO WATER SERVICE: 1.(a) Is the proposal territory within a district or city that provides public water service? (b)If yes, which agency? _______________________________________________ YES NO 2. Is a well or other on-site water system currently used on the property?YES NO 3. Is an on-site system proposed to be used when the property is developed?YES NO 4. (a) Is annexation for water service part of this application? (b)If yes, which district or city would serve the territory if this jurisdictional change is approved? __________________________________________________________ (c) Will the agency that will be providing service be prepared to furnish water service upon annexation? YES NO YES NO 5. (a) Has the agency that will be providing service issued a letter of water availability? (b)If yes, please provide a copy of the letter with this application. (This documentation should be completed by the agency no longer than 6 months prior to submittal to LAFCO.) YES NO City of Chula Vista and the Otay Water District City of San Diego - Otay Valley Trunk Sewer Otay Water District City of San Diego ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ Page 656 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 6 of 12 FIRE PROTECTION SERVICES: NOTE: Complete the following section only if annexation to a fire protection service provider is proposed—or if the current fire protection service provider is proposed to change. 1. (a) Is the proposal territory currently within an agency that provides fire protection? (b)If yes, provide name and address/location of current fire service provider ___________________________________________________________________ ___________________________________________________________________ (c) Provide estimated response times to the proposal territory: priority_______ minutes; non-priority_______ minutes YES NO 2. Is annexation for fire protection service part of this application?YES NO 3.Which city or district would serve the proposal territory if this jurisdictional change is approved? ___________________________________________________________________ (a) Location/address of the proposed fire service provider: ___________________ ___________________________________________________________________ (b) Estimated response times to the proposal territory: Priority______ minutes; non-priority______ minutes POLICE PROTECTION SERVICES: NOTE: Complete the following section only if the police protection provider is proposed to change. 1. Which police agency currently serves the proposal territory? _________________________________________________________________________________ (a) Location/address of nearest police station: ____________________________________________ _________________________________________________________________________________ (b) Estimated response times to the proposal territory: priority____ minutes; non-priority____ minutes 2. Which police agency would serve the proposal territory if this jurisdictional change is approved? _________________________________________________________________________________ (a) Location/address of nearest police station:____________________________________________ _________________________________________________________________________________ (b) Estimated response times to the proposal territory: Priority______ minutes; non-priority______ minutes 6HHVHFWLRQRI3ODQIRU6HUYLFHV 6HHVHFWLRQRI3ODQIRU6HUYLFHV 6HHVHFWLRQRI3ODQIRU6HUYLFHV 6HHVHFWLRQRI3ODQIRU6HUYLFHV The project is currently within the City of Chula Vista, but does not have access to Chula Vista emergency services. It does not have direct access to Chula Vista utilities, services, and facilities. It's adjacent to City of San Diego Otay Mesa Community Plan area. City of San Diego Currently, San Diego Fire Station No. 6 is the closest station to the project site and would provide the primary response in a fire or medical emergency See section 4.0 of Plan for Services City of San Diego See section 4.0 of Plan for Services ✔ ✔ The project is currently within the City of Chula Vista, but does not have access to Chula Vista emergency services. Page 657 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 7 of 12 CAMPAIGN CONTRIBUTION DISCLOSURE PROVISIONS LAFCOs are subject to the campaign disclosure provisions detailed in Government Code Section 84308, and the Regulations of the Fair Political Practices Commission (FPPC), Section 18438. Please carefully read the following information to determine if the provisions apply to you. If you determine that the provisions are applicable, the Campaign Disclosure Form must be completed and returned to San Diego LAFCO with your application. 1. No LAFCO commissioner shall accept, solicit, or direct a contribution of more than $250 from any party 1 or agent 2 while a change of organization proceeding is pending, and for three months subsequent to the date a final decision is rendered by LAFCO. This prohibition commences when your application has been filed, or the proceeding is otherwise initiated. 2. A party to a LAFCO proceeding shall disclose on the record of the proceeding any contribution of more than $250 made to any commissioner by the party, or agent, during the preceding 12 months. No party to a LAFCO proceeding, or agent, shall make a contribution to a commissioner during the proceeding and for three months following the date a final decision is rendered by LAFCO. 3. Prior to rendering a decision on a LAFCO proceeding, any commissioner who received contribution of more than $250 within the preceding 12 months from any party, or agent, to a proceeding shall disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any commissioner receives a contribution that otherwise would require disqualification, and returns the contribution within 30 days of knowing about the contribution and the relevant proceeding, that commissioner shall be permitted to participate in the proceeding. 1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding. 2 “Agent” is defined as a person who represents a party in connection with a proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents. When a closed corporation is a party to a proceeding, the majority shareholder is subject to these provisions. To determine whether a campaign contribution of more than $250 has been made by you or your agent to a commissioner within the preceding 12 months, all contributions made by you or your agent during that period must be aggregated. Names of current LAFCO commissioners are available at http://www.sdlafco.org/document/CommRoster.pdf. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact San Diego LAFCO at 9335 Hazard Way, Suite 200, San Diego, CA 92123, (858) 614-7755. CAMPAIGN CONTRIBUTION DISCLOSURE FORM (a) Proposed change(s) of organization: ________ ___________________________________ ___________________________________ (b) Name and address of any party, or agent, who has contributed more than $250 to any commissioner within the preceding 12 months: 1. __________________________________ ___________________________________ ___________________________________ 2. __________________________________ ___________________________________ ___________________________________ (c) Date and amount of contribution: Date __________________ Amount $ _____________ Date __________________ Amount $ _____________ (d) Name of commissioner to whom contribution was made: 1. __________________________________ 2. __________________________________ (e) I certify that the above information is provided to the best of my knowledge. Printed Name ___________________________ Signature ______________________________ Date __________________ Phone ________________ To be completed by LAFCO: Proposal: Ref. No. City of Chula Vista and Otay Water District Detachment, Sphere Amendment City of San Diego, Annexation, Sphere Amendment N/A, Applicant is a municipality, City of San Diego No contributions have been made. N/A N/A N/A N/A N/A N/A N/A Elyse Lowe 03/01/2024 619) 446-5423 Page 658 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 8 of 12 DISCLOSURE OF POLITICAL EXPENDITURES Effective January 1, 2008, expenditures for political purposes, which are related to a change of organization or reorganization proposal that will be or has been submitted to LAFCO, are subject to the reporting and disclosure requirements of the Political Reform Act of 1974 and the Cortese-Knox-Hertzberg Act of 2000. PP l e a s e c a re fu l l y re a d th e fol l ow i n g i n for m a ti on to d e te r m i n e i f re p or ti n g a n d d i s c l os u re p rovi s i on s a p p l y to y ou . Any person or combination of persons who, for political purposes, directly or indirectly contributes $1,000 or more, or expend $1,000 or more in support of, or in opposition to a proposal for a change of organization or reorganization that will be submitted to the Commission, shall disclose and report to the Commission to the same extent and subject to the same requirements of the Political Reform Act of 1974 (Government Code Section 81000 et seq.) as provided for local initiative measures, and Section 56700.1 of the Cortese-Knox-Hertzberg Act of 2000. Pursuant to Government Code Section 57009, any person or combination of persons who directly or indirectly contributes $1,000 or more, or expends $1,000 or in support of, or in opposition to, the conducting authority proceedings for a change of organization or reorganization, must comply with the disclosure requirements of the Political Reform Act of 1974, (Government Code section 81000 et seq.). Applicable reports must be filed with the Secretary of State and the appropriate city or county clerk. Copies of the report must also be filed with the Executive Officer of San Diego LAFCO. A roster of current San Diego LAFCO commissioners is available from the LAFCO office: 9335 Hazard Way, Suite 200, San Diego, CA 92123, (858) 614-7755, or from http://www.sdlafco.org/document/CommRoster.pdf EVALUATION CHECKLIST FOR DISCLOSURE OF POLITICAL EXPENDITURES The following checklist is provided to assist you in determining if the requirements of Government Code Sections 81000 et seq. apply to you. For further assistance contact the Fair Political Practices Commission at 428 J Street, Suite 450, Sacramento, CA 95814, (866) 275-3772 or at http://www.fppc.ca.gov. 1.Have you directly or indirectly made a contribution or expenditure of $1,000 or more related to the support or opposition of a proposal that has been or will be submitted to LAFCO? Yes No Date of contribution____________________ Amount $ _________ Name/Ref. No. of LAFCO proposal _________________________ ____________________________________________________ Date proposal submitted to LAFCO _________________________ 2.Have you, in combination with other person(s), directly or indirectly contributed or expended $1,000 or more related to the support or opposition of a proposal that has been or will be submitted to LAFCO? Yes No Date of contribution____________________ Amount $ _________ Name/Ref. No. of LAFCO proposal _________________________ ____________________________________________________ Date proposal submitted to LAFCO _________________________ If you have filed a report in accordance with FPPC requirements, has a copy of the report been filed with San Diego LAFCO? Yes1$ No1$ ✔ N/A N/A Pending from LAFCO Pending ✔ N/A N/A Pending from LAFCO Pending Page 659 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 9 of 12 PROPERTY-OWNER CONSENT FORM FOR INCLUSION OF PROPERTY Note: Processing of jurisdictional boundary change proposals, which involve uninhabited1 territory, can be expedited by approximately 60 days if all affected landowners consent to the proposal. If you wish to take advantage of this option, please return the completed PROPERTY-OWNER CONSENT FORM FOR INCLUSION OF PROPERTY to San Diego LAFCO with your application for a jurisdictional boundary change. If consenting signatures of 100% of the affected property owners are affixed and LAFCO does not receive any opposition from subject agencies, the Commission may consider the proposal without public notice, public hearing and/or an election. 1 Territory included within a proposed boundary change that includes less-than12 registered voters is considered uninhabited (Government Code 56045). The undersigned owners(s) of property hereby consent(s) to inclusion of that property within a proposed change of organization or reorganization consisting of: (Please list all proposed actions) Annexation to: 1. ______________________________________________________________ 2. ______________________________________________________________ 3. ______________________________________________________________ Detachment from: 1.______________________________________________________________ 2. ______________________________________________________________ 3. ______________________________________________________________ Date Signature Assessor’s Parcel Number(s) 1. ____________________________________________________________________________ 2. ____________________________________________________________________________ 3. ____________________________________________________________________________ 4. ____________________________________________________________________________ 5. ____________________________________________________________________________ Attach additional sheets if necessary City of San Diego City of Chula Vista Otay Water District 03/01/2024 624-071-0200 Page 660 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 10 of 12 SUBJECT AGENCY SUPPLEMENTAL INFORMATION FORM NOTE: A copy of this form must be completed and signed by each local agency that will gain or lose territory as a result of the proposed jurisdictional boundary change. Attach additional sheets if necessary. _____________________________________ _____________________________________________ Signature of agency representative Print name _____________________________________________________________________________________ Title _____________________________________ _____________________________________________ Telephone Date A. JURISDICTIONAL INFORMATION: Name of agency: ____________________________________________________________________ 1. Is the proposal territory within the agency’s sphere of influence? Yes No 2. Upon annexation, will the proposal territory be included within an assessment district and be subject to assessment for new or extended services? Yes No 3. Does the agency have plans to establish any new assessment district that would include the proposal territory? Yes No 4. Will the proposal territory assume any existing bonded indebtedness? If yes, indicate any taxpayer cost: $_______________________________________ Yes No 5. Will the proposal territory be subject to any special taxes, benefit charges, or fees? If yes, please provide details of all costs: ___________________________________ ____________________________________________________________________ Yes No 6. Is the agency requesting an exchange of property tax revenues as a result of this proposal? Yes No 7. Is this proposed jurisdictional change subject to a master property tax agreement or master enterprise district resolution? Yes No 8. FOR CITY ANNEXATIONS: Does the proposal territory contain existing commercial development that generates retail sales of ten million dollars or more per year? Yes No 9. FOR CITY ANNEXATIONS: If any part of the proposal territory is under a Williamson Act contract, please contact the LAFCO office for special instructions regarding petition or resolution of application requirements. EXPEDITED PROPOSAL PROCESSING: Processing of jurisdictional boundary change proposals can be expedited by approximately 60 days if all affected landowners consent to the waiver of protest and termination (conducting authority) proceedings and subject agencies do not oppose the waiver. If you do NOT want to waive these proceedings, then attach a written statement to the subject agency information form containing a signature, date, and declaration of opposition to a waiver of such proceedings. (619) 446-5423 Elyse Lowe City of San Diego, Director, Development Services Department 03/01/2024 City of San Diego N/A Maintenance Assessment District ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ Page 661 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 11 of 12 B. SEWER SERVICE: 1. What is the agency’s current wastewater treatment capacity (expressed in million gallons per day and equivalent dwelling units)? _____________________________ ___________________________________________________________________ 2. What is the average volume of influent currently being treated by the agency (expressed in million gallons per day and equivalent dwelling units)? ____________ ___________________________________________________________________ 3. (a) What is the agency’s peak flow volume (expressed in million gallons per day)? __________________________________________________________________ (b) What is the agency’s peak flow capacity (expressed in million gallons per day)? ___________________________________________________________________ (c) Has the agency exceeded the flow (peak) capacity within the past two years? (d) If yes, please describe the frequency and volume of incidents that exceeded the agency’s peak capacity: _______________________________________________ ____________________________________________________________________ YES NO 4. (a) Has the agency issued a letter of sewer availability for the proposal territory? (b) If yes, please provide a copy of the letter. (This documentation should be completed by the agency no longer than 6 months prior to submittal to LAFCO.) YES NO 5. (a) How many future equivalent dwelling units have been reserved or committed for proposed projects? __________________________________________________ (b) Can all projects that have received commitments of sewer availability (e.g., “will serve letters”) be accommodated with planned capacity? YES NO 6. (a) Does the agency have the necessary contractual and/or operational treatment capacity to provide sewer service to the proposal territory? (b) If yes, please specify the proposal territory ’s estimated sewer demand and the agency’s available sewer capacity (expressed in million gallons per day and equivalent dwelling units): ____________________________________________________________________ ____________________________________________________________________ (c) If no, please describe the agency’s plans to upgrade capacity to resolve any capacity related issues: _________________________________________________ ____________________________________________________________________ YES NO 7. Will the proposal territory be annexed to a sewer improvement district? YES NO 8. (a) The distance for connection of the proposal territory to the agency’s existing sewer system is __________ feet. (b) Describe the location of the connection to the agency’s existing sewer system: ___________________________________________________________________ Metro Capacity: 255 mgd (~900,000 EDUs) Metro: 175 mgd (~630,000 EDUs) Not applicable, the City's WDR states flow only in an average monthly effluent limitation. Not applicable, the City's WDR states flow only in an average monthly effluent limitation. Equivalent to the ~80 mgd current extra capacity. 43,438 gpd proposed sewer generation ~80 mgd current extra capacity N/A 0 Existing sewer onsite ✔ ✔ ✔ ✔ ✔ Page 662 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SAN DIEGO LAFCO—CHANGE OF ORGANIZATION or REORGANIZATION APPLICATION Page 12 of 12 C. WATER SERVICE: 1. (a) Does the subject agency have adequate water supply and sufficient contractual and/or operational capacity available to serve the proposal territory? (b) If yes, describe the proposal territory’s estimated water demand and the agency’s available water supply and capacity (expressed in acre-feet or million gallons per day): ___________________________________________________________________ (c) If no, what plans does the agency have to increase its water capacity? ___________________________________________________________________ YES NO 2. Specify any improvements (on and off-site) that will be necessary to connect and serve the anticipated development. Indicate the total cost of these improvements and method of financing (e.g., general property tax, assessment district, landowner or developer fees): ______________________________________________________ ____________________________________________________________________ YES NO 3. (a) Has the agency issued a letter of water availability for the proposal territory? (b) If yes, please provide a copy of the letter. (This documentation should be completed by the agency no longer than 6 months prior to submittal to LAFCO.) YES NO 4. (a) The distance for connection of the proposal territory to the agency’s existing water system is _____________feet. (b) Describe the location of the connection to the agency’s existing water system: ___________________________________________________________________ 5. (a) Is the agency currently under any drought-related conditions and/or restrictions? (b) If yes, describe the conditions and specify any related restrictions: ___________________________________________________________________ YES NO 6. (a) Will the proposal territory utilize reclaimed water? (b) If yes, describe the proposal territory’s reclaimed water use and the agency’s available reclaimed water supply and capacity (expressed in acre-feet or million gallons per day): ___________________________________________________________________ (c) The distance for connection of the proposal territory to the agency’s existing reclaimed water system is _____________feet. (d) Describe the location of the connection to the agency’s existing reclaimed water system:_____________________________________________________________ (e) If no, has the agency considered availability of reclaimed water to the proposal territory? (f) What restrictions prevent use of reclaimed water? _________________________ ___________________________________________________________________ YES NO YES NO 7. Will the proposal territory be annexed to an improvement district? YES NO 116,025 gpd (449.4 mgd City capacity) 400 ft offsite 12-inch water line extension in Dennery Road Cost unknown, will be paid and constructed by developer Adjacent Adjacent 12-inch water line, additional 12-inch water line will be constructed for redundancy Distance to existing pipelines ✔ ✔ ✔ ✔ ✔ ✔ ✔ Page 663 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 619-691-5002 Laura Black City of Chula Vista, Director, Development Services Department 0/0/202 City of Chula Vista Page 664 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Project is annexing out of City of Chula Vista. Metro Capacity: 255 mgd (~900,000 EDUs) Metro: 175 mgd (~630,000 EDUs) Not applicable, the City's WDR states flow only in an average monthly effluent limitation. Not applicable, the City's WDR states flow only in an average monthly effluent limitation. Equivalent to the ~80 mgd current extra capacity. 43,438 gpd proposed sewer generation ~80 mgd current extra capacity N/A 0 Not applicable, project is connecting to City of San Diego sewer facilities (annexing out of Chula Vista). Page 665 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Not applicable, Chula Vista is not a direct water purveyor. City of San Diego will provide water service to the project per the City of San Diego Will Serve Letter. Project is annexing out of City of Chula Vista. Not applicable, Chula Vista is not a direct water purveyor. City of San Diego will provide water service to the project per the City of San Diego Will Serve Letter. Not Applicable Not applicable, Chula Vista is not a direct water purveyor. City of San Diego will provide water service to the project per the City of San Diego Will Serve Letter. Distance to existing pipelines Page 666 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda $%*q '&']Iq ! 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"&' ' 'A<\q %!' &'%!&'q & 'PIq ' !'$ ' !' !' !'m<RkEaq ]Iq ! !' !!'"!'"!!&' '<\Cq " !' ''!' '!'m<QkEa q '&"' '$!'!'$#'! ' ' !'!!'<q $!!' !!!' !'!' " !'&'! I]aZq !'<q !"'!''!'' !'!'<qm<RkEaq]Iq "' '>LFq Xqq^Jqq Page 667 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda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Z=Z &#?Z&22ZFVZPQBZ 387M E2/M ?A=?=C+8MF/AA4F=BKM,/M+;;/J/.MF=M+MC/I/BM4:?B=H/:/;FM.3CFB4-F +M2/M .3CF+;-/M 0=AM-=;;/-E3=;M=0M F2/M ?B=?=C+8ME/AB3F=AKME=M E2/M +1/;-KCM /J3CF4;1 C/I/AM CKCF/:M3CM#$$$*M0//F , /C-A3,/M E2/M7=-+F4=;M=0M F2/M -=;;/-F3=;MF=M F2/M +1/;-KCM/J3CF3;1MC/I/BMCKCF/: ?RZ@@6-7Z &RYZ?!Z>Z&#?ZX&52Z@F?V&ZLXBZMGV&ZS?ZP$Z@B?0PZ@BZ R$Z &PYZ?"Z=Z&#?Z&56ZIVZTOEZ % % %%%"$% %% !% % # % % Page 668 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 9b "N=Wb XA=b W\:E=;Yb 9@=K;`bA9]=b9<=Q\9X=b ^9Y=RbW\PPF`b 9K>C;C=KYb;NKXS9;Y\9F 9K<NSbNP=R9YBNK9Fb;9P9;BX`b 9]9CF9:F=bXNb W=S]=b XA=b PSNPNW9FbY=SSCYNS` :<=W;RB:=b YA=b PRNPNW9Fb X=SRCXNS`Wb=WXCI9X=<b^9X=Rb<=I9K<b9K<bXA=b9@=K;`W 9]9BF9:F=b^9Y=RbW\PPF`b9K==XbNRbIBFFBNKb @9FFNKWbP=R <9` <,< <'<,"5;<N+<+,-5"+)&<'")<5+<4-9"<,&))<9&+,')5< ;MO b^A9Xb PF9KWb <N=Wb YA=b9@=K;`bA9]=bXNbBK;S=9W=bCXWb ^9X=Sb ;9P9;CY` )P=;C>`b 9K`b CIPRN]=I=KXWb NKb 9K>WBX=b YA9Yb^CFFb :=b K=;=WW9S`b XNb ;NKK=;Yb 9K< W=R]=bYA=b9KXC;BP9X=b >CK9K;CK@b =@ b@=K=S9FbPRNP=RY`b X9_ b 9WW=WWI=KYb <BWXSC;Y b F9K<N^K=RbNS <=]=FNP=Rb?==Wb '< ;< 2*<12*2<#(+'7#$31< ,<*)5.<(*'2<1< %%9%<'52<'< ;< 2+<12-3< 6;<+<(< +<: %%<,-+8 <:6-<31!<6+<5<,0+#5<,-<6< 5;<+<(< "+<"&%<1<65. 9b$9WbXA=b9@=K;`bBWW\=<b9bG=XX=RbN>b^9X=Sb9]9CG9:CHBX`b >NRbYA=bPSNPNW9GbX=VSBYNR` :PF=9W=b PSN]B<=b 9b ;NP`b N?b XA=b F=XX=Sb *ACWb <N;\I=KX9XCNKb WAN\F==X : "=W;SC:=b YA=b FN;9XCNKb N>b XA=b ;NKK=;XCNKb YNb YA=b 9@=K;`Wb =_CWXCK@b ^9X=Sb W`WX=I '2< (( !< 2;<'< %<'<8!!<(.'7<8 2*<1/7<2'<2<(*'3<(+<3<4;<'< %<'<!!<0<22+< 9b&Wb XA=b 9@=K;`b;\RR=KYF`b\K<=Rb 9K`b <RN\@AX S=F9Y=<b;NK<BXCNKWb 9K<NSb S=WXRC;YBNKW :<=W;SC:=b YA=b ;NK<CXCNKWb 9K<b WP=;B?`b 9K`b S=F9X=<b S=WXSB;YBNKW 9b+CFFbXA=bPSNPNW9FbX=RSCXNR`b\XCFCa=bR=;F9CI=<b^9Y=R :<=W;SC:=bYA=b PSNPNW9Fb X=RSCXNS`WbS=;F9BI=<b^9X=Sb\W=b 9K<bXA=b9@=K;`W 9]9BF9:F=b S=;F9CI=NSb ;NKK=;XCNKb N?b YA=b PRNPNW9Fb X=SSCXNS`b XNb XA=b 9@=K;`Wb =_CWXBK@ R=;G9BI=<b^9X=Rb W`WY=IbBWb 1222223b>==X < "=W;RC:=bXA=bFN;9XCNKbN>bYA=b;NKK=;XCNKbXNbYA=b9@=K;`Wb=_BWXCK@b R=;F9CI=<b^9X=S W`WZ=Jb4...52222222..--6...//////..-7b8 =MO bA9Wb XA=b 9@=K;`b;NKWC<=S=bR=;F9BI=<b^9X=SbXNb YA=bPSNPNW9F X=SRBYNS` b > + A 9 X b R=WXSC;XCNKWbPS=]=KYb\W=bN>b R=;F9CI=<b^9X=R b *'3<1< %%:&<'63<'< " ;< 2/<13*3< 6;<+<)< +<: &&<,-+9 <:6-<42 <6+<6<,/+$7<,-<6< 6;<+<*< +< &&<2<56-< +DFFb [A=b PTNPNW9Fb[=RRC[NU`b:=b9KL=_=<b[Nb9KbCIPRN]=I=KXb<BW[RC;[ && &&&#%& && " & &$!& & Page 669 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 670 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 671 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Development Services Department Engineering Division, Water & Sewer Section January 19, 2023 Page 1 Mr. Allen Kashani Senior Project Manager Tri Pointe Homes 13520 Evening Creek Drive North, Suite 300 San Diego, CA 92128 Dear Mr. Kashani, Subject: Will Serve Letter – Location: Northside of Dennery Road between Regatta Lane and Sand Star Way. Project Name: Nakano The legal description is attached. This letter is to confirm that the subject property is within the City of San Diego water and sewer service area. New water service connections and sewer lateral connections are available as noted below. New connections are permitted in accordance with the required demand. WATER: There is an existing 12” PVC (HGL 365) water main in Dennery Road as shown on City improvement drawing 32972-D. SEWER: There is an existing 8” PVC sewer main in Dennery Road as shown on City improvement drawing 28875-D. There is an existing 27” PVC sewer main in a sewer easement as shown on City improvement drawing 21305-D. There is an existing 18” PVC sewer main in a sewer main as shown on City improvement drawing 27113-D. A hydraulic analysis and condition assessment of the existing utilities is required to determine the availability of water service and sewer laterals. These connections are requested based upon required demand/flow of the project. All services are governed by city ordinances and regulations concerning connections, constructions, charges/permit fees and matters pertaining thereto. Page 672 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 2 Mr. Allen Kashani January 19, 2023 If you have any additional questions or concerns, please contact me at (619) 446-5454. Sincerely, Gary Nguyen Assistant Engineer - Civil Enclosure: Legal Description (1) Sincerely, Gary Nguyen Page 673 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 674 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4857-7571-6895.14 E-1 EXHIBIT E Plan for Providing Services [Attached behind this page] Page 675 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Plan for Services Proposed “Nakano” Reorganization To the City of San Diego PRJ-No. 1076302 March 2024 Prepared for: City of San Diego Environmental Policy & Public Spaces Division Planning Department Prepared by: Leppert Engineering Corporation 5190 Governor Drive, Suite 205 San Diego, CA 92122 Job Number: OM 8.09-12.10 Page 676 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 i Table of Contents 1.0 Preface ............................................................................................................. 2 2.0 Introduction ...................................................................................................... 2 3.0 Description of Reorganization Area ................................................................ 3 3.1 Description of Project ................................................................................ 3 3.2 Purpose for Reorganization ........................................................................ 8 3.2.1 Dennery Ranch Precise Plan ................................................................ 9 4.0 Discussion of Facility Needs ........................................................................... 9 4.1 Emergency Services ................................................................................... 9 4.1.1 Police .................................................................................................... 9 4.1.2 Fire ..................................................................................................... 10 4.2 Transportation/Circulation ....................................................................... 12 4.2.1 Existing Conditions ............................................................................ 13 4.2.2 Conditions Following Reorganization ............................................... 16 4.3 Public Utilities .......................................................................................... 17 4.3.1 Water .................................................................................................. 17 4.3.2 Sewer .................................................................................................. 18 4.4 Population-based Improvements .............................................................. 19 4.4.1 Libraries ............................................................................................. 19 4.4.2 Park Improvements ............................................................................ 19 5.0 Conclusion ..................................................................................................... 20 Page 677 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 2 1.0 Preface Much of the information contained in this report was already addressed in the following reports prepared for the site: Nakano Specific Plan, prepared by Rick Engineering in November 2022, Fire Protection Plan Nakano, prepared by Dudek in June 2022, Sewer Study for the Nakano project, prepared by Dexter Wilson Engineering on June 21, 2022, Local Mobility Analysis Report, prepared by LOS Engineering on November 2, 2022, Water System Analysis for the Nakano project, prepared by Dexter Wilson Engineering on June 21, 2022 as well as the Environmental Impact Report that was prepared in conjunction with the reorganization application. The discussion of public services was included as part of the comprehensive analysis of the proposed project. The Environmental Impact Report (EIR) is titled Nakano Project, EIR (City of Chula Vista EIR no. EIR 22-0001; SCH No. 202260260) and was prepared for the City of San Diego by Recon. These reports and the EIR mentioned above discussed at length many of the topics required by this report and provided supporting documentation to support the information that is included in this report. Consequently, much of the information included in this report is taken, with permission, directly from the mentioned reports and the EIR. 2.0 Introduction This Plan for Services is for the 23.8-acre parcel located on the east side of I-805, northwest of Dennery Road and south of the Otay River Valley, to be detached from the City of Chula Vista and the Otay Water District (OWD) and annexed to the City of San Diego. The property is illustrated in Figure 1 on page 4. As detailed in the Memorandum of Understanding (MOU) between the City of San Diego and the City of Chula Vista, approved on December 7, 2021, both agencies have long considered the property eligible for reorganization of jurisdictional boundaries. This Plan has been prepared for the City of San Diego for submission to the Local Agency Formation Commission for San Diego County (LAFCO) as part of the reorganization application (Reorganization No. xxxx-xx). A reorganization includes any two or more changes of organizations initiated in a single proposal (i.e. detachment and annexation). The Plan provides the City of San Diego, LAFCO, affected property owners, residents and other interested persons with information regarding existing and proposed local government services for the proposed reorganization. As discussed in Government Code Section 56653, the following information is provided in this report: • An enumeration and description of the services to be extended to the affected territory. • The level and range of those services. • An indication of when those services can feasibly be extended to the affected territory. • An indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions the local agency would impose or require within the affected territory if the change of organization or reorganization is completed. • Information with respect to how those services will be financed. Page 678 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 3 The information provided in this Plan is for informational purposes only and shall not in any way limit the City of San Diego’s jurisdiction to require the provision of additional facilities and services with respect to any land use approvals within the reorganization area. 3.0 Description of Reorganization Area 3.1 Description of Project The project consists of a reorganization of jurisdiction boundaries and a series of land use plan and zoning amendments which would allow approximately 23.8 acres of land designated as open space and zoned for agriculture (A-8) in the City of Chula Vista to be detached and annexed into the City of San Diego, and designated for future residential uses. The Nakano project is expected to add up to 221 new residential dwelling units. Access to the site would be via a proposed private street (local street classification), which would connect to Dennery Road located offsite to the southeast in the City of San Diego. A detailed description of the proposed project is located in Section 3.0 of the Nakano Program EIR. Page 679 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 4 Page 680 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 5 Page 681 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 6 A number of discretionary actions would be required to implement the project as planned. The required discretionary actions are listed below by agency, in the general order the various actions would occur. City of Chula Vista • Certify the Nakano Project EIR. • Amend to the City of Chula Vista General Plan to remove the Open Space (OS) designation and designate the project site as Specific Plan – Residential Medium to allow residential development at a density range of 6.1 to 11 dwelling units per acre. • Adopt the City of Chula Vista Nakano Specific Plan to establish the land use, intensity, development regulations, design standards, and primary infrastructure components needed to support development of the site. • Approve a Tentative Map to subdivide the property as a condominium project as defined by Section 4125 of the Civil Code of the State of California and as filed pursuant to the Subdivision Map Act. • Adopt CEQA Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. • Adopt a Resolution of Support for City of San Diego’s Application to LAFCO consenting to the Reorganization. • Approve an Annexation Agreement outlining the process by which the Nakano Project would be processed and annexed into San Diego. This is a legislative act to be accomplished by Ordinance with related additional public noticing requirements. City of San Diego After approval of the Chula Vista discretionary actions, the City of San Diego could proceed with the following actions, prior to LAFCO approvals: • Adopt a Prezoning Ordinance delineating the zoning territory not yet incorporated into the City of San Diego as Residential Multiple Unit 1-1 (RM-1-1). The Prezone would be initiated by and receive a recommendation from the Planning Commission. The Prezone Ordinance would require City Council approval and would not be effective until after the effective date of the LAFCO approval of the Nakano Reorganization. • Amend the City of San Diego General Plan to designate the site Residential. • Amend the Otay Mesa Community Plan to designate the site as Residential – Low Medium. • Adopt Site Development Permit (SDP) Findings as required by SDMC Section 126.0505 for the off-site primary and secondary emergency only access roads currently within the City of San Diego. • Approve Multiple Species Conservation Program Subarea Plan Amendment to include the property within the City of San Diego Subarea Plan, which is solely a City of San Diego administrative amendment. • Approve a Resolution of Application to LAFCO. • Approve an Annexation Agreement outlining the process by which the Nakano Project would be processed and annexed into San Diego. • Approve a City of San Diego sewer easement vacation pursuant to Section 66434(G) of the Subdivision Map Act. Page 682 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 7 • Adopt an uncodified ordinance allowing site development to proceed after annexation. The uncodified ordinance would ensure project consistency with the Land Development Code and applicable City of San Diego requirements including: o SDP Findings as required by SDMC 126.0505 for the project site. o Approval of deviations from the SDMC for the RM-1-1 Zone regulation to allow: ▪ A 10-foot side yard setback where up to 50 percent of the length of the building envelope on one side of the premises may observe the minimum 5-foot side setback, provided the remaining percentage of the building envelope length observe at least the standard side setback of feet 5 feet or 10 percent of the lot width (100 feet), whichever is greater pursuant to SDMC 131.0443(d)(2)(A). ▪ Retaining wall heights outside the required yard of up to 24 feet where the maximum allowed is 12 feet pursuant to SDMC 142.0340(e). • Wetland Deviation findings based on the Biologically Superior Option in accordance with SDMC Section 143.0150 for the portion of the project site. • Amend the City of San Diego City Council District Boundary to incorporate the project site into District 8. • Annex the site into the Ocean View Hills Maintenance Assessment District. LAFCO • Approve a City of San Diego, City of Chula Vista and Otay Water District Sphere of Influence Revision. • Approve a resolution to detach the site from the City of Chula Vista and Otay Water District. • Remove the site from the City of Chula Vista and annex the site to the City of San Diego. OWD • Prior to submittal of a LAFCO application OWD to provide a Resolution or Letter of Support to remove the property from the Otay Water District boundaries and annex the property into the City of San Diego for water services. SAN DIEGO GAS & ELECTRIC • Approve SDG&E easement vacations along the northern and eastern property line as shown on the Tentative Map. Easement vacations would be vacated pursuant to Section 66434(G) of the Subdivision Map Act. Page 683 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 8 3.2 Purpose for Reorganization Topographically, the annexation of the property to the City of San Diego is a logical extension of City Services due to environmental constrains that would limit the City of Chula Vista’s ability to directly service the property. Referring back to Figure 1 on page 4 above, the property is located on the south side of the Otay River Valley and is without adequate access across the river to the property from the improved areas located on the north side of the river in the City of Chula Vista. A bridge or other improvement would need to be constructed in order to cross the river and provide direct access to the City of Chula Vista. Such improvements would impact environmentally sensitive lands. Emergency services would also be most likely to be dispatched by the City of San Diego since their resources are located much closer to the property. Existing Land Use Onsite The site has historically been used for agriculture (crops), but has been vacant since approximately 2006. The existing A-8 zoning permits agricultural and other related uses. The northern two-thirds of the 23.8 acres site contains former agricultural land, building foundations and dirt roads. Diegan coastal sage scrub and disturbed habitat occur in the southern portion of the site, southern willow scrub and mule fat scrub occur along the drainage in the southeastern quarter of the site, and eucalyptus trees occur along the western perimeter of the site. Several utilities and their easements exist onsite. A 30-inch reclaimed water line exists along the eastern boundary. An SDG&E above-ground power line also extends along the southern boundary. A 27-inch sewer pipeline extends from the northeast corner in a southwest direction to the former location of buildings onsite, and an existing 18” sewer pipeline along the western site boundary. A 12-inch abandoned water line is located offsite adjacent to the eastern site boundary. The majority of the site is located on the Otay River terrace and is relatively flat. The southern section of the study area is an uphill slope. Elevations within the proposed development area range from approximately 97 feet above mean sea level (AMSL) in the northern section to approximately 180 feet AMSL in the southern portion. Steep hillsides (i.e., greater than 25 percent and over 50 feet vertical elevation) are located in the southern area of the site. Surrounding Land Use As shown on Figure 1 on page 4, surrounding land uses include multi-family homes to the east, medical offices to the south, I-805 to the west and vacant property to the north. The former Shinohara II burn ash site is located to the northeast of the project in the City of Chula Vista along the Otay River. The Shinohara II site was used to dispose of 34,000 cubic yards of lead- contaminated burn ash from the South Bay Municipal Refuse Site, an old burn dump located at the intersection of Palm Avenue and I-805 (California Integrated Waste Management Board 2000). 1Other properties in the vicinity, including the Davies property directly north of the 1 Adjacent to or within the proximity of the Nakano site is the Shinohara II burn ash site, which is comprised of APNs 644-042-10-00 and 644-042-02-00. These parcels are owned by a trust and the City of Chula Vista, respectively, and are neither part of the Nakano site nor subject to the contemplated annexation. Ownership of these parcels, and any and all associated responsibilities to/from the proximity of the referenced burn site, including but not limited to site maintenance, inspections, regulatory or financial oversight, shall remain the responsibility of these owners, and not Tri Pointe Homes. Page 684 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 9 proposed site, also used burn ash for fill. The Otay River is located approximately 340 feet north of the northwestern corner of the site and 570 feet north of the northeastern corner of the site. 3.2.1 Dennery Ranch Precise Plan The Dennery Ranch Precise Plan established the standards, guidelines and procedures for developing approximately 245 acres of land located east of the subject property in the City of San Diego; the project site currently lies immediately adjacent but outside the boundaries of the Precise Plan. The Precise Plan allows for a mix of land uses. The adopted Precise Plan entitled up to 1,329 residential units, a neighborhood park, an elementary school, and 65 acres of open space that includes 50 acres of natural open space. With the exception of the population-based public facilities, those being parks, libraries, and those recreational facilities located at the community park sites, the infrastructure required to support the development approved with the Dennery Ranch Precise Plan was sized based on the anticipated development identified in the Precise Plan. This infrastructure would include streets, freeway interchanges, backbone water and sewer facilities, police and local fire facilities. While the adopted Precise Plan allowed for 1,329 residential units, the actual buildout of the Precise Plan area has resulted in fewer units being constructed. Currently, there are 1,191 units constructed, including the 73 units identified as Las Casitas. Consequently, the total number of residential units in the Precise Plan area is 138 units less than what was originally entitled. 4.0 Discussion of Facility Needs 4.1 Emergency Services As discussed below, the changes required to serve fire and police protection demand related to the proposed project would be associated with additional staff rather than the expansion of existing facilities or the construction of new ones. In the absence of physical changes in the environment, Sections 15126.2(a) and 15382 of the CEQA Guidelines do not require environmental impacts associated with these two services be addressed in the EIR. However, the following discussion is included to assist LAFCO in evaluating the reorganization application. 4.1.1 Police Upon annexation into the City of San Diego, the proposed project would be located in the City of San Diego’s community of Otay Mesa and would be serviced by the San Diego Police Department. The proposed project would be within Beat 725 of the Police Department’s Southern Division. Southern Division provides police services to the following communities: Tijuana River Valley, San Ysidro, Otay Mesa, Border, Egger Highlands, Nestor, Otay Mesa West, Palm City, and Ocean Crest. Police Operational Requirements The Police Department currently utilizes a five-level priority dispatch system, which includes priority E (Emergency), One, Two, Three and Four. The calls are prioritized by the phone Page 685 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 10 dispatcher and routed to the radio operator for dispatch to the field units. The priority system is designed as a guide, allowing the phone dispatcher and the radio dispatcher discretion to raise or lower the call priority as necessary based on the information received. Priority “E” and priority One calls involve serious crimes in progress or those with a potential for injury. The 2009 average response time for Beat 725 are 6.41 minutes for emergency calls, and 12.74 minutes for priority one calls, 23.61 minutes for priority two calls, 64.38 minutes for priority three calls and 64.43 minutes for priority four calls. The department’s goal response times are 7 minutes for emergency calls, 14 minutes for priority one calls, 27 minutes for priority two calls, 80 minutes for priority three calls and 90 minutes for priority four calls. The FY 2022 citywide average response time for the same period were 6.7 minutes for emergency calls, 38.1 minutes for priority one calls, 133.3 minutes for priority two calls, 216.6 minutes for priority three calls and 97.6 minutes for priority four calls during that same time period. The department strives to maintain the response time goals as one of various other measures used to assess the level of service to the community. The current budgeted staffing ratio for police officers to population is 1.45 officers per 1,000 residents based on 2010 estimate residential population of 1,376,173 and a budgeted strength of 1,991 police officers (FY2011). The department goal is to have 1.45 officers per 1,000 residents. The ratio is calculated using the department total to take into account the support and investigative positions within the department. This ratio does not include the significant population increase resulting from employees who commute to work in the community or those visiting. A new police substation is included in the Otay Mesa Public Facilities Financing Plan (PFFP) Fiscal Year 2014 as Project No. PO-2. The FY 2014 version of the PFFP projected that this police station would be constructed in FY 2044/45. This future project would include a 20,000 square-foot police substation. The Otay Mesa FBA/DIF fees collected from the Nakano project will be used, in part, to finance this new police substation and to contribute its fair share of the cost of the existing substation for Southern Division. 4.1.2 Fire The City of San Diego Fire Department provides fire protection and emergency medical services within the City of San Diego and would provide any fire and emergency medical service associated with the proposed project. Fire Facility Requirements Currently, San Diego Fire Station No. 6 is the closest station to the project site and would provide the primary response in a fire or medical emergency. [If the subject property was improved without reorganization, it is most likely that the City of San Diego would still be the first responder to any emergency call because of the property’s proximity to the City of San Diego’s facilities.] The subject station is located approximately 1.4 miles from the proposed site. Fire Station No. 6 has a three-person Engine Company per each 24-hour shift. The fire equipment at this station includes a fire engine which is a pumper which usually carries 500 gallons of water, hose, pump and 48 feet of ground ladders. Page 686 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 11 Fire and emergency medical services are also provided by other agencies within the area. Mutual aid agreements are in place with neighboring fire agencies which typically include interdependencies and are primarily associated with the peripheral edges of each agency’s boundary. Chula Vista Fire Departments Stations No. 9 and No. 5 as well as San Diego Fire Station no. 29 are available to provide secondary response to the Project. Based on the Nakano Fire Protection Plan, prepared by Dudek in June 2022, the following tables are taken from that report and show Project Emergency Response times for all four fire stations. The response times were calculated by Dudek using the Speed Limit Formula and using the ISO Formula as shown in the tables below: Emergency Response Analysis using the Speed Limit Formula Station Travel distance to project Travel time to project Max. travel distance Maximum Travel time Total Response Time Station 6 1.0 mile 1 min 43 sec 1.4 miles 2 min 24 sec 4 min 24 sec Station 9 2.6 miles 4 min 28 sec 3.0 miles 5 min 8 sec 7 min 8 sec Station 29 3.2 miles 5 min 29 sec 3.6 miles 6 min 10 sec 8 min 10 sec Station 5 3.5 miles 6 min 3.9 miles 6 min 41 sec 8 min 41 sec Emergency Response Analysis using the ISO Formula Station Travel distance to project Travel time to project Max. travel distance Maximum Travel time Total Response Time Station 6 1.0 mile 2 min 21 sec 1.4 miles 3 min 2 sec 5 min 2 sec Station 9 2.6 miles 5 min 4 sec 3.0 miles 5 min 45 sec 7 min 45 sec Station 29 3.2 miles 6 min 5 sec 3.6 miles 6 min 46 sec 8 min 46 sec Station 5 3.5 miles 6 min 36 sec 3.9 miles 7 min 17 sec 9 min 17 sec Page 687 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 12 All response calculations are based on an average response speed of 35mph, consistent with nationally recognized National Fire Protection Association (NFPA) 1710. Based on these calculations, the Project would meet the City of San Diego response time standards for existing fire stations. Proposed Fire Station The adopted Public Facilities Financing Plan for Otay Mesa identifies a new fire station, Fire Station no. 49, to be built in Otay Mesa. This new station, identified as project no. F-2 in the Financing Plan, would relocate Fire Station No. 6 to a site on Ocean View Hills Parkway, just east of the intersection of Playa Del Sol Boulevard. This new station, together with its rolling stock, equipment, and furnishings, is to be fully funded by the DIF/ Facilities Benefit Assessment (FBA) which is imposed on all new development. This new station will be located even closer to the subject property than existing Station No. 6. The proposed project must comply with the following City of San Diego and Fire Department requirements per the Municipal Code and standard City procedures: (1) the Fire Department will approve all project plans, including fire hydrant spacing, emergency vehicle access and circulation/parking accommodations on-site and brush management; (2) access to fire hydrants and fire flows/emergency water supply will be maintained to the satisfaction of the Fire Department in order to respond to a fire emergency during project construction; and (3) the Fire Prevention Bureau will visit the site to determine if the proposed project site plan generally complies with the City fire code. The proposed project would result in the occurrence of some level of additional calls for service to the City of San Diego Fire Department. The City of San Diego acquired the fire station site from Tri Pointe Homes in 2022. Based on the CIP sheet from the Fiscal Year 2022 Adopted Budget, design is anticipated to begin in FY 2023 contingent upon the identification of funds and construction will be scheduled after design is complete. This project provides for an approximately 13,000 sf double house fire station and will accommodate 3 apparatus bays and one fire engine and have a training room. The Otay Mesa FBA/DIF fees collected from the Nakano project will be used, in part, to finance this new Fire Station no. 49 and to contribute its fair share of the cost of constructing existing Fire Station no. 43. 4.2 Transportation/Circulation A local mobility analysis for the proposed residential use project was prepared by Los Engineering, Inc. on November 2, 2022. The analysis evaluates the proposed project’s impact on traffic and circulation. The results and conclusions are summarized herein. Dennery Road would provide access to and from the project site. Dennery Road is classified as a 4-Lane Collector, between Regatta Lane and Red Fin Lane, located southeast of the project site and provides access to Palm Avenue, a major road, and to I-805. Within the project site, a series of private drives (A through F, and H) is planned to provide internal circulation. Private Drive A would be the main private drive running through the Specific Plan Area and would connect to Dennery Road with right-in/right-out movements. A San Diego Gas and Electric access road is Page 688 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 13 proposed from Private Drive A, to allow access to San Diego Gas and Electric facilities. Private Drives B through E would branch off of Private Drive A in easterly and westerly directions. Private Drive F would be an east-west roadway that would connect to Private Drives E and H. Secondary, emergency only, access would be provided via an accessible 20-foot-wide emergency use road located in the northeastern portion of the project site that would enable emergency-only travel to the east through the adjacent residential community in the City of San Diego. The emergency access road would be gated with fire department approved gates that allow entry for fire personnel at all times. 4.2.1 Existing Conditions Existing Roadway Facilities The proposed project is located to the northwest of Dennery Road, north of Palm Avenue/Ocean View Hills Parkway and east of I-805. Access to the site would be gained via a new connection with Dennery Road. Existing Street Segment Operations Existing street segment operations in the project vicinity are characterized based on an analysis of level of service (LOS). Roadway LOS is a term used to describe operating conditions with respect to criteria including vehicle speeds, travel time, maneuverability and safety. The determination of LOS for individual roadway segments is based on the number of lanes and 24- hour traffic volumes, represented as average daily traffic (ADT). LOS designations range from A to F, with LOS A representing the best-case scenario and LOS F representing the worst-case scenario. Generally, LOS A through C represents free-flowing traffic conditions with little or no delay. LOS D represents limited congestion and some delay that is acceptable to most people. LOS E and F represent significant delays on local streets that are generally unacceptable for urban design purposes. Palm Avenue Palm Avenue is located south of the project site and is an east-west roadway that runs from the Pacific Ocean, located approximately 5.5 miles to the west of the site, to its intersection with Dennery Road, where it then turns into Ocean View Hills Parkway. Palm Avenue from I-805 SB ramps to I-805 NB ramps is classified as a 6-Lane Prime in the City of San Diego Otay Mesa- Nestor Community Plan, December 1996. Palm Avenue from I-805 NB ramps to Dennery Road is classified as a 7-Lane Prime in the City of San Diego Otay Mesa Community Plan Update, March 2014. Palm avenue from I-805 SB ramps to I-805 NB ramps is constructed as a four lane undivided roadway with a center double-double yellow striping. There are Class II bike lanes in each direction. On street parking is prohibited on both sides. From I-805 NB ramps to Dennery Road, Palm Avenue is currently constructed as a 7 lane divides roadway. There are Class II bike lanes in each direction and on street parking is prohibited on both sides. A posted speed limited was not observed, however west of the I-805 the posted speed limit is 35 mph. From I-805 NB Page 689 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 14 ramps to Dennery Road, this roadway currently operates at LOS C. From I-805 SB ramps to I- 805 NB ramps, the roadway operates at LOS E. Dennery Road Dennery Road traverses generally north-south from its southern terminus at Del Sol Boulevard to the project site, where it turns and continues in a generally east-west direction to Topsail Drive. Dennery Road is classified as a 4-Lane Major between Palm Avenue and Regatta Lane and as a 4-Lane Collector between Regatta Lane and Red Fin Lane/ Red Coral Lane in the Otay Mesa Community Plan Update, March 2014. Dennery Road between Palm Avenue and Red Fin Lane/ Red Coral Lane is constructed as a four-lane divided roadway with Class II bike lanes in each direction. On street parking is prohibited on both sides of the roadway and the posted speed limit is 35mph. Dennery Road currently operates at LOS A between Red Coral Lane and Palm Avenue/Ocean View Hills Parkway. Page 690 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 15 Page 691 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 16 Existing Intersection Operations As required by the City of San Diego, the analysis of peak hour intersection performance was based on 6th Edition Highway Capacity Manual (HCM) operational analysis procedures. Intersection LOS is based on the total estimated seconds of vehicle delay, and is given a designation between A and F, with A representing the least delay and F representing the greatest delay. As described in the LOS Engineering, Inc. 2022 LMA Study, some analyzed intersections operate at LOS D or better during the AM and/or PM peak hour periods, which is considered acceptable. The intersection at Palm Avenue and Dennery Road operates at LOS E during AM and PM peak hours. Under existing conditions, all but two analyzed intersections and roadway segments operate at LOS D or better. The signalized intersection at Palm Avenue and Dennery Road operates at LOS E and the existing street segment of Palm Avenue between the I-805 SB ramps and NB ramps also operates at LOS E. These conditions are summarized in the Local Mobility Study. 4.2.2 Conditions Following Reorganization Proposed Condition without Project in opening year 2024 Under proposed conditions in the opening year without the Nakano project, all but three analyzed intersections and roadway segments operate at LOS D or better. The signalized intersection at Palm Avenue and Dennery Road will operate at LOS E in the morning and at LOS F in the afternoon. The intersections of Palm Avenue and I-805 SB ramps and Palm Avenue at NB ramps will operate at a LOS E in the afternoon and the street segment of Palm Avenue between I-805 SB ramps to NB ramps will operate at LOS E. Proposed Condition with Project in opening year 2024 Under the proposed condition in the opening year with the project , the project adds more than 50 peak hour turn moves or more than 500 daily trips to the study locations forecasted to operate at LOS E/F; and/or has the potential to exceed the existing turn lane storage capacities at the following locations: 1) Intersection of Palm Ave/I-805 SB Ramps: a) Project would add 9PM Westbound lefts under LOS E and exceed existing storage under the Opening Year 2024 plus Project and under Horizon Year 2062 plus Project conditions. b) No improvements are proposed because Caltrans has a circulated Environmental Assessment and a Ready to List (RTL) date of 6/1/2023. 2) Intersection of Palm Ave/Dennery Road. a) Project would add 25AM & 109 PM Eastbound lefts under LOS F and exceed failing storage under Opening Year 2024 plus Project and Horizon Year 2062 plus Project conditions. b) Project would add 100AM & 47 PM Southbound rights under LOS F and exceed existing storage under Opening Year 2024 plus Project and Horizon Year 2062 plus Project conditions. c) City criteria states if project adds traffic and causes the 95th percentile queue to exceed storage, then consider lengthening the pocket. The Owner/Permittee proposes to extend Page 692 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 17 the left turn bay storage by an additional 80 feet to accommodate the forecasted 95th percentile queue. No improvement is proposed for the existing SB single right-turn lane because the total peak hour right turns do not exceed the City’s criteria of 800 right turns to consider adding second right turn lane. 3) Intersection of Dennery Road/Red Coral Lane/Red Fin Lane: a) Project would add 130PM peak hour EB U-turning vehicles and is forecasted to exceed the left turn storage bay of approximately 190 feet under Horizon Year 2062 plus Project conditions. b) The Owner/Permittee proposes to extend the left turn bay storage by an additional 50 feet to accommodate the forecasted 95th percentile queue 4) Segment of Palm Ave between I-805 SB Ramps and I-805 NB Ramps: a) Project adds 932 daily trips (2.5% of the total daily volume) under forecasted LOS E conditions on the existing 4 lane roadway under with Project Opening Year conditions. b) Project adds 932 daily trips (2% of the total daily volume) under forecasted LOS F conditions after the Caltrans bridge widening under with Project Horizon Year conditions. c) A fair share of 2.5% is proposed toward planned Caltrans Palm Avenue bridge widening to a 5 Lane Major configuration anticipated to be completed after year 2024. d) No improvements are proposed because Caltrans has a circulated Environmental Assessment and a Ready to List (RTL) date of 6/1/2023. In addition to these improvements that will be conditions of the Nakano project, the Otay Mesa FBA/DIF fees collected from the Nakano project will be used, in part, to finance the network of road improvements identified in the Otay Mesa Public Facilities Financing Plan and to contribute its fair share of the cost of constructing the roadway improvements completed to date. 4.3 Public Utilities The following discussion is based on the Water System Analysis for the Nakano project, prepared by Dexter Wilson Engineering, Inc. on June 21, 2022 and the Sewer Study for the Nakano project, prepared by Dexter Wilson on June 21, 2022. 4.3.1 Water Existing Conditions The proposed project site is currently within the OWD. Physically, the OWD receives potable water from Pipeline Number (No.) 4 of the Second San Diego County Aqueduct and the La Mesa Sweetwater Extension (LMSE). The Otay WD potable water infrastructure consists of five primary operating systems; La Presa, Hillsdale, Regulatory, Central Area, and Otay Mesa Systems. Although the project site is located outside of these service systems, it would most likely be served by the Otay Mesa System. The Otay Mesa System potable water demand is projected to increase from 35,288 acre-feet per year (afy) in 2005 to 75,108 afy in 2030. According to the Integrated Resource Plan OWD 2007), there is currently sufficient capacity to meet all OWD future demands through purchases of imported water from SDCWA. Page 693 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 18 As shown on the site plan, a 12-inch water line in the 365 Zone exists in Dennery Road. There is also 42-inch diameter transmission water line located in Dennery Road. However, this 42-inch transmission line is in the 490 Zone. A 12-inch water line extends along the eastern site boundary that was previously used to transfer water between the City of San Diego 42-inch line and OWD in emergency situations. Following Reorganization The City of San Diego would provide potable water service for the site upon annexation. As described on the Water System Analysis for the Nakano project in the City of Chula Vista, prepared on June 21, 2022 by Dexter Wilson Engineering, Inc., about 400 feet of a new 12 inch 365 Zone public water main will be constructed in Dennery Road from the existing water regulating station that is located at Sand Star Way to the entrance of the Nakano project. This 12 inch main will tie into the existing 12 inch main in Dennery Road, located east of Sand Star Way. The proposed parallel 12 inch water main is necessary because the existing public water system is unable to supply the required fire hydrant flow. With the proposed parallel 12 inch water main, the fire flow requirement for the Nakano project will be satisfied. Within the Nakano subdivision, a private domestic water system will be constructed that will consist of 8 inch, 6 inch and 4 inch water mains that will tie into the existing 12 inch water main in Dennery Road. The private fire protection system will consist of a dual 8 inch fire service pipes that will tie into the existing 12inch water main and the new 12 inch water main in Dennery Road. The Nakano project would not have a significant impact on water supply or facilities for the city of San Diego. 4.3.2 Sewer Upon annexation into the City of San Diego, the proposed project sewage waste would be conveyed to the Otay Mesa Trunk Sewer, which is operated by the City of San Diego. A sewer line currently extends east to west across the northern portion of the proposed site. Project Sewer Existing Conditions The existing public sewer facilities that are located in the vicinity of the Nakano project include the City of San Diego Otay Valley Trunk Sewer which consists of a 27 inch gravity sewer main and an 18 inch gravity line which are located within the project site. Proposed Conditions Based on the sewer study for the Nakano project, prepared by Dexter Wilson Engineering, dated June 21, 2022, upon annexation to the City of San Diego and de-annexation from the City of Chula Vista and the Otay Water District, the proposed onsite 12 inch private sewer system would connect into the City of San Diego 27 inch Otay Valley Trunk Sewer which crosses the Otay River and extends onto the project site. A portion of the existing 18 inch and 27 inch gravity Otay Valley Trunk Sewer will have to be relocated into an easement along the north side of the Page 694 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 19 project boundary. Wastewater from the site would gravity flow from the proposed 12 inch private sewer to the proposed public sewer. Based on current METRO regionwide Otay Mesa and Otay Valley sewer analyses, the Otay Valley Trunk Sewer has enough capacity available for the Nakano project to connect. 4.4 Population-based Improvements 4.4.1 Libraries Library improvements are a “population-based” public improvement. In Otay Mesa, based on the adopted algorithm for public facility financing plans, only residential development is called upon to finance new library improvements. Otay Mesa is currently served by the existing library in the adjacent community of Nestor. Almost $2,000,000 in FBA funds from Otay Mesa have already been expended to expand this library facility. In addition, the Public Facilities Financing Plan has identified a new library project, project no. L-2, which calls for a new Branch Library for Otay Mesa. This project will be funded entirely by FBA funds collected from new residential development. Following annexation, the Otay Mesa FBA/DIF fees collected from the Nakano project, will be used, in part, to finance this new branch library and to contribute its fair share of the cost of improvements to the existing library at Nestor. 4.4.2 Park Improvements Park improvements, like libraries, are also “population-based” public improvements. As such, only residential development is called upon to finance new park improvements. Numerous park improvements are planned for the Otay Mesa community. One such park project is the Dennery Ranch Neighborhood Park, which is included in the Otay Mesa Public Facilities Financing Plan as project no. P-2. This neighborhood park is currently under design and will be located just east of the Nakano project on Dennery Road. To satisfy the population-based park requirements, the Project would pay the Citywide Park Development Impact Fee (CPDIF) to the City of Diego. Based on the residential unit mix of the project, the CPDIF would range from $13,841 to $15,379, depending on the square footage of each unit. The project would emphasize trail connections to the OVRP for both residents and members of the surrounding community. An existing trail connection running along the western side of the project site would be retained and enhanced with decomposed granite surfacing to provide connection to the OVRP trail system. This existing trail would be separated from the development area by a small retaining wall and a composite split rail fence. Within the project site, a sidewalk would parallel the existing trail access adjacent to the private drive. In addition to the north-south trail connection, the project would provide connections to an east-west connection to the OVRP trail system. In addition to the existing western trail access that would remain, the project would provide two additional trail connections to the east-west trail north of the project boundary. Page 695 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano - Plan for Services March 2024 20 5.0 Conclusion The proposed reorganization of the Nakano Property can be accomplished without the need to expand any public facilities serving this area of the Otay Mesa Community in the City of San Diego. Approval of the Nakano Reorganization will help to provide additional housing opportunities and support the implementation of the OVRP. All circulation element roadways are existing and have been constructed to their ultimate width requirements. Police and Fire facilities are existing and adequate to provide service to the subject property. While the project itself would not directly lead to the need for new Fire facilities, the project would contribute to the cumulative environmental impact related to fire service. This contribution is considered less than significant since the Nakano project would be required to contribute a fair share contribution toward the DIF/ Facilities Benefit Assessment that would fund the needed fire station improvements. Water and Sewer mains are also existing and adequate in size to support the proposed project. Population-based public improvements, e.g. parks and libraries, are currently programmed in the Otay Mesa Public Facilities Financing Plan. Page 696 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4857-7571-6895.14 F-1 EXHIBIT F Fiscal Impact Analysis [Attached behind this page] Page 697 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Memorandum To: Allen Kashani, TriPointe Homes From: Peter Piller, Managing Principal Date: April 2024 Re: Nakano – Executive Summary of Fiscal Impact Analysis The proposed Nakano project (the “Project”) is a for-sale residential development consisting of 221 units. It is anticipated that the Project entitlements will be processed through the City of Chula Vista. The site is located alongside the 805 freeway at the southern edge of the City of Chula Vista, along the southern side of the Otay River, north of Palm Avenue along Dennery Road. At the request of TriPointe Homes, the Project applicant (“Developer”), DPFG prepared a fiscal impact analysis using the City of Chula Vista’s time phased fiscal impact analysis model, dated November 2, 2023 (“City Model”) to estimate the fiscal impact of the Project on the City of Chula Vista (“City”) General Fund over a twenty-year time frame. For purposes of preparing the most accurate fiscal impact analysis, the model analyzes development of all 221 residential units. The City Model was adjusted to incorporate the following assumptions: • An increase in the assessed value of residential property due to turnover (resale) was estimated using an annual escalation factor of 3.5% which is consistent with the historical average of several recognized indices, including Case Shiller, California Association of Realtors, Federal Reserve and Zillow. Average turnover (resale) of eight (8) years was assumed for all residential units for the purpose of adjusting the assessed values to calculate property taxes. In addition to typical turnover, in order to reflect similar assessed value increases over the seven-year buildout of the residential portion of the Project, the initial (year 1) home price assumption is increased by 3.5% until the initial year of sale for each unit which is then assumed to be the initial base year value. Over the next 7 years the initial base year value escalates by 2% over the prior year, consistent with California Constitution Article XIII A Section 2(b). In year eight, the initial base year value is reset (second base year value) assuming a reset of the assessed value based on an annual escalation factor of 3.5% for 8 years applied to the initial base year value. This process of resetting the base year value repeats every eight years. • A total reduction of 50% was used based on the location of nearby commercial centers located in the City of San Diego and the lack of direct access to commercial centers located in the City of Chula Vista. It is common for a fiscal impact analysis to adjus t the capture percentage of the off- site sales tax when a project is located near the border of the City being analyzed as it is highly likely that the City will not capture all of the sales tax generated. For this analysis a majority of the commercial needs for the site will be addressed by local retail directly south of the Project which is located in the City of San Diego. Residents of the Project would also have to travel south and then go onto the freeway heading north to access City retail. Because of this we used a conservative 50% capture within the City of Chula Vista. Based on this the estimated sales tax amount generated of $56,113 has been reduced by 50% to $28,056. Page 698 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda • An adjustment to the fiscal impact analysis was made to reflect the additional anticipated costs to the Cities public safety category. Based on the location of the Project, if the City was responsible for serving the site, the most likely City fire station for service is Chula Vista Fire Department Station 9. This station is located significantly further away than the San Diego Fire-Rescue Department Station 6 which is located just on the other side of the 805 Freeway. We are also not aware of any current routes to patrol the site as it is undeveloped, and the route would require fire or police responders to leave the City of Chula Vista and enter the City of San Diego before reaching the Project. For these reasons we researched response times and the distance traveled. Per google maps the closest Chula Vista fire station is approximately 8 minutes away from the site with a total estimated travel time outside of the City of Chula Vista to be approximately 3 minutes. In order for the City of Chula Vista to service the site there would be an additional mile that the responders would need to travel outside of Chula Vista in order to reach the Project. This would result in an increase of approximately 33% of the total travel distance being outside of the City of Chula Vista. Because of this increase in travel distance outside the City of Chula Vista we used the same percentage increase in estimated cost. We then rounded the result to nearest 10th digit to derive a 30% increase. This additional burden to meet the required service levels is not reflected in the current City model and so an increase of 30% of the City Model anticipated public safety expenditures was added. Based on this, the estimated public safety budget of $144,840 has been increased by $43,452 for a total of $188,292 to account for additional costs to serve the Project. The results generated by the City Model, with the adjustments outlined above, indicate that the Project will be a burden and will generate a fiscal surplus for the first year but a deficit for the remaining 18 years resulting in a cumulative deficit over the 20-year projection period the City Model. Exhibits: Exhibit A: Nakano Summary of Adjusted Chula Vista Fiscal Impact Analysis Model Exhibit B: City of Chula Vista Fiscal Impact Analysis Model Exhibit C: Nakano Site Plan Page 699 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Exhibit A: Nakano Summary of Adjusted Chula Vista Fiscal Impact Analysis Model Page 700 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano Summary of Adjustment to CV Fiscal Impact Analysis Model December 8, 2023 Year 1 2 3 4 5 6 7 8 9 10 Cumulative Residential AV - Inflated per CV Model $78,305,058 $133,884,619 $136,562,311 $139,293,557 $142,079,428 $144,921,017 $147,819,437 $150,775,826 $153,791,343 $156,867,169 Revised Inflation Assuming 8 year Turnover (a)78,305,058 134,678,934 137,372,513 140,119,963 142,922,362 145,780,810 148,696,426 164,835,265 177,346,438 180,893,366 Difference in Assessed Value $0 $794,316 $810,202 $826,406 $842,934 $859,793 $876,989 $14,059,439 $23,555,095 $24,026,197 Total Residential Property Tax Increase Due to City [1]$0 $1,001 $1,021 $1,041 $1,062 $1,083 $1,105 $17,715 $29,679 $30,273 Total Residential Projected Net Revenue Before Turnover Adj.[2]$87,623 $122,251 $104,841 $97,074 $95,181 $93,442 $91,197 $89,386 $88,173 $90,726 Total Residential Projected Net Revenue After Turnover Adj.= [1] + [2]$87,623 $123,252 $105,862 $98,116 $96,243 $94,525 $92,302 $107,100 $117,852 $120,999 Sales Tax Revenue Adjustment 50%($28,056)($47,622)($48,291)($48,981)($49,693)($50,426)($51,182)($51,960)($52,760)($54,343) Public Safety Expenditure Adjustment 30%($43,452)($81,364)($88,648)($93,063)($95,645)($98,247)($101,064)($103,804)($106,425)($109,159) Total Projected Net Rev. After Turnover and Sales Tax Adj. (b)$16,115 ($5,734)($31,076)($43,929)($49,095)($54,149)($59,944)($48,663)($41,333)($42,502) Commercial Projected Net Revenue $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Project Projected Net Adjusted Revenue $16,115 ($5,734)($31,076)($43,929)($49,095)($54,149)($59,944)($48,663)($41,333)($42,502) Cumulative Adjusted Net Revenues $16,115 $10,381 ($20,696)($64,625)($113,719)($167,868)($227,812)($276,475)($317,808)($360,311) Footnotes: Total Project Net Revenue (Residential Turnover based on DPFG Turnover Model - Assumes 3.5% Escalation in new Home Pricing) (a) Assumes 8 year turnover with 2.00% annual escalation and 3.50% escalation when re-assessed. (b) Analysis assumes 50% of City model Sales tax is captured within the City of Chula Vista due to difficulties of access by Project Residents to City commercial sites. Draft Page 701 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano Summary of Adjustment to CV Fiscal Impact Analysis Model December 8, 2023 Year Cumulative Residential AV - Inflated per CV Model Revised Inflation Assuming 8 year Turnover (a) Difference in Assessed Value Total Residential Property Tax Increase Due to City [1] Total Residential Projected Net Revenue Before Turnover Adj.[2] Total Residential Projected Net Revenue After Turnover Adj.= [1] + [2] Sales Tax Revenue Adjustment 50% Public Safety Expenditure Adjustment 30% Total Projected Net Rev. After Turnover and Sales Tax Adj. (b) Commercial Projected Net Revenue Total Project Projected Net Adjusted Revenue Cumulative Adjusted Net Revenues Footnotes: Total Project Net Revenue (Residential Turnover based on DPFG Turnover Model - Assumes 3.5% Escalation in new Home Pricing) (a) Assumes 8 year turnover with 2.00% annual escalation and 3.50% escalation when re-assessed. (b) Analysis assumes 50% of City model Sales tax is captured within the City of Chula Vista due to difficulties of access by Project Residents to City commercial sites. 11 12 13 14 15 16 17 18 19 20 $160,004,513 $163,204,603 $166,468,695 $169,798,069 $173,194,030 $176,657,911 $180,191,069 $183,794,891 $187,470,788 $191,220,204 184,511,234 188,201,458 191,965,488 195,804,797 199,720,893 218,682,100 233,531,392 238,202,020 242,966,060 247,825,381 $24,506,721 $24,996,855 $25,496,792 $26,006,728 $26,526,863 $42,024,189 $53,340,323 $54,407,129 $55,495,272 $56,605,177 $30,878 $31,496 $32,126 $32,768 $33,424 $52,950 $67,209 $68,553 $69,924 $71,323 $93,366 $95,615 $97,729 $99,895 $102,082 $104,289 $106,534 $108,805 $111,058 $113,358 $124,244 $127,111 $129,855 $132,664 $135,506 $157,240 $173,742 $177,358 $180,982 $184,681 ($55,973)($57,652)($59,382)($61,163)($62,998)($64,888)($66,835)($68,840)($70,905)($73,032) ($111,943)($114,935)($118,056)($121,254)($124,540)($127,916)($131,383)($134,946)($138,608)($142,370) ($43,672)($45,476)($47,584)($49,754)($52,033)($35,564)($24,476)($26,428)($28,532)($30,722) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 ($43,672)($45,476)($47,584)($49,754)($52,033)($35,564)($24,476)($26,428)($28,532)($30,722) ($403,982)($449,459)($497,042)($546,796)($598,829)($634,393)($658,869)($685,297)($713,829)($744,550) Draft Page 702 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 1 27,036,000$ 51,269,058$ 78,305,058$ 2 47,008,845 87,670,089 134,678,934 3 47,949,022 89,423,491 137,372,513 4 48,908,002 91,211,961 140,119,963 5 49,886,162 93,036,200 142,922,362 6 50,883,886 94,896,924 145,780,810 7 51,901,563 96,794,862 148,696,426 8 57,484,978 107,350,287 164,835,265 9 61,901,672 115,444,766 177,346,438 10 63,139,705 117,753,661 180,893,366 11 64,402,499 120,108,734 184,511,234 12 65,690,549 122,510,909 188,201,458 13 67,004,360 124,961,127 191,965,488 14 68,344,448 127,460,350 195,804,797 15 69,711,337 130,009,557 199,720,893 16 76,273,072 142,409,027 218,682,100 17 81,512,681 152,018,711 233,531,392 18 83,142,935 155,059,085 238,202,020 19 84,805,793 158,160,267 242,966,060 20 86,501,909 161,323,472 247,825,381 December 8, 2023 Total Single Family Assessed Value After Turnover Total Multi-Family Assessed Value After Turnover Total Assessed ValueYear Nakano Total Assessed Value After Turnover Draft Page 703 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 1 -$ -$ 27,036,000$ 2 - - 47,008,845 3 - - 47,949,022 4 - - 48,908,002 5 - - 49,886,162 6 - - 50,883,886 7 - - 51,901,563 8 - - 57,484,978 9 - - 61,901,672 10 - - 63,139,705 11 - - 64,402,499 12 Assess - - 65,690,549 13 - Assess - 67,004,360 14 - - 68,344,448 15 - - 69,711,337 16 - - 76,273,072 17 - - 81,512,681 18 - - 83,142,935 19 - - 84,805,793 20 Assess - - 86,501,909 1 -$ -$ 51,269,058$ 2 - - 87,670,089 3 - - 89,423,491 4 - - 91,211,961 5 - - 93,036,200 6 - - 94,896,924 7 - - 96,794,862 8 - - 107,350,287 9 - - 115,444,766 10 - - 117,753,661 11 - - 120,108,734 12 Assess - - 122,510,909 13 - Assess - 124,961,127 14 - - 127,460,350 15 - - 130,009,557 16 - - 142,409,027 17 - - 152,018,711 18 - - 155,059,085 19 - - 158,160,267 20 Assess - - 161,323,472 Footnotes: Assessed Value and Reassessment Year - Breakdown by Absorption Year December 8, 2023 Nakano Total SF Assessed Value After TurnoverCurrent Year Final Assessed Value Final Assessed Value Year 5 Units (0 Units)Year 6 Units (0 Units) MULTIFAMILY UNITS SINGLE FAMILY UNITS Reassessment Year Reassessment Year (a) Turnover calculations based on 3.50% escalation and turnover occuring every 8 years. Assumes 2.00% escalation when no turnover event occurs. Current Year Final Assessed Value Year 6 Units (0 Units) Final Assessed Value Total MF Assessed Value After Turnover Year 5 Units (0 Units) Reassessment Year Reassessment Year Draft Page 704 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Year 1 2 3 4 5 6 7 8 9 10 Single Family SF Unit Absorption 36 25 - - - - - - - - SF AV of Single unit 751,000$ 777,285$ 804,490$ 832,647$ 861,790$ 891,952$ 923,171$ 955,482$ 988,924$ 1,023,536$ Multi-Family MF Unit Absorption 96 64 - - - - - - - - MF AV of Single unit 534,053$ 552,745$ 572,091$ 592,114$ 612,838$ 634,287$ 656,487$ 679,464$ 703,245$ 727,859$ December 8, 2023 Nakano Initial Home Value by Year Assumes 3.50% Annual Appreciation Draft Page 705 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Exhibit B: City of Chula Vista Fiscal Impact Analysis Model Page 706 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Year 1 2 3 4 5 6 7 Single Family Residential 101 171 171 171 171 171 171 Multi-Family Residential 269 448 448 448 448 448 448 Total (Per Capita Base)370 619 619 619 619 619 619 Employment Population 18 31 31 31 31 31 31 Totals 388 650 650 650 650 650 650 Single Family Residential 36 61 61 61 61 61 61 Multi-Family Residential 96 160 160 160 160 160 160 Totals 132 221 221 221 221 221 221 Year 1 2 3 4 5 6 7 General Fund Revenues Tax Revenues Property Tax AV 98,664$ 168,695$ 172,069$ 175,510$ 179,020$ 182,600$ 186,252$ Sales and Use Tax Per Capita 56,113 95,243 96,582 97,962 99,386 100,853 102,363 Sales and Use Tax - Project Specific Project Specific - - - - - - - Transient Occupancy Tax Per Capita 11,456 19,425 19,474 19,528 19,587 19,651 19,720 Property Tax In-Lieu of VLF Project Specific 68,086 116,648 118,987 121,373 123,808 126,290 128,823 Franchise Fees Per Capita 18,143 30,496 30,624 30,760 30,904 31,056 31,215 Other Taxes Per Capita 8,398 14,331 14,238 14,013 13,840 13,673 13,510 Subtotal Tax Revenues 260,859 444,836 451,973 459,147 466,545 474,123 481,884 Other Revenues Per Capita 4,768 3,398 3,505 3,647 3,592 3,539 3,487 Licenses and Permits Per Capita 2,444 3,593 3,608 3,625 3,570 3,517 3,466 Fines, forfeitures, penalties Per Capita 1,286 2,825 2,837 2,850 2,807 2,766 2,725 Use of Money & Property Per Capita 4,756 7,837 7,716 7,598 7,484 7,373 7,266 Charges for Services No Forecast - - - - - - - Intergovernmental Per Capita 1,997 4,869 4,889 4,911 4,837 4,766 4,696 Subtotal Other Revenues 15,250 22,523 22,555 22,631 22,291 21,961 21,641 Total General Fund Revenues 276,110$ 467,359$ 474,529$ 481,777$ 488,835$ 496,084$ 503,524$ General Fund Expenditures General Government Per Capita 5,433$ 9,408$ 9,523$ 9,637$ 9,769$ 9,889$ 10,002$ Community Development (20%)Per Capita 592 1,025 1,037 1,050 1,064 1,077 1,089 Public Works/Engineering (20%)Per Capita 5,197 9,000 9,110 9,219 9,345 9,460 9,568 PC/EMP Base Drainage Management System 26.50$ 9,966 16,686 16,686 16,686 16,686 16,686 16,686 Building Management System 4.10 1,540 2,579 2,579 2,579 2,579 2,579 2,579 Parks Management System 15.68 5,895 9,870 9,870 9,870 9,870 9,870 9,870 Open Space Management System 6.72 2,527 4,230 4,230 4,230 4,230 4,230 4,230 Fleet Management System 3.73 1,404 2,350 2,350 2,350 2,350 2,350 2,350 Pavement Annual (PMP)14.18 5,334 8,930 8,930 8,930 8,930 8,930 8,930 General Govt Management System 0.65 246 411 411 411 411 411 411 Urban Forestry Management System 6.72 2,527 4,230 4,230 4,230 4,230 4,230 4,230 78.28$ 29,438 49,287 49,287 49,287 49,287 49,287 49,287 Community Services Per Capita 2,987 5,174 5,237 5,299 5,372 5,438 5,500 Public Safety: Police Services Project Specific 87,997 171,100 164,954 173,349 178,226 183,147 188,482 Fire Services Project Specific 52,146 91,980 122,306 128,530 132,146 135,795 139,751 Animal Control Services Per Capita 4,697 8,134 8,233 8,332 8,446 8,550 8,647 Total Public Safety 144,840 271,214 295,493 310,211 318,818 327,491 336,881 Total General Fund Expenditures 188,487$ 345,108$ 369,687$ 384,703$ 393,654$ 402,642$ 412,327$ Projected Net Revenues/(Shortfall)$87,623 $122,251 $104,841 $97,074 $95,181 $93,442 $91,197 Population Number of Homes Page 707 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Year Single Family Residential Multi-Family Residential Total (Per Capita Base) Employment Population Totals Single Family Residential Multi-Family Residential Totals Year General Fund Revenues Tax Revenues Property Tax AV Sales and Use Tax Per Capita Sales and Use Tax - Project Specific Project Specific Transient Occupancy Tax Per Capita Property Tax In-Lieu of VLF Project Specific Franchise Fees Per Capita Other Taxes Per Capita Subtotal Tax Revenues Other Revenues Per Capita Licenses and Permits Per Capita Fines, forfeitures, penalties Per Capita Use of Money & Property Per Capita Charges for Services No Forecast Intergovernmental Per Capita Subtotal Other Revenues Total General Fund Revenues General Fund Expenditures General Government Per Capita Community Development (20%)Per Capita Public Works/Engineering (20%)Per Capita PC/EMP Base Drainage Management System 26.50$ Building Management System 4.10 Parks Management System 15.68 Open Space Management System 6.72 Fleet Management System 3.73 Pavement Annual (PMP)14.18 General Govt Management System 0.65 Urban Forestry Management System 6.72 78.28$ Community Services Per Capita Public Safety: Police Services Project Specific Fire Services Project Specific Animal Control Services Per Capita Total Public Safety Total General Fund Expenditures Projected Net Revenues/(Shortfall) Population Number of Homes 8 9 10 11 12 13 14 15 171 171 171 171 171 171 171 171 448 448 448 448 448 448 448 448 619 619 619 619 619 619 619 619 31 31 31 31 31 31 31 31 650 650 650 650 650 650 650 650 61 61 61 61 61 61 61 61 160 160 160 160 160 160 160 160 221 221 221 221 221 221 221 221 8 9 10 11 12 13 14 15 189,978$ 193,777$ 197,653$ 201,606$ 205,638$ 209,751$ 213,946$ 218,224$ 103,919 105,520 108,686 111,946 115,305 118,764 122,327 125,997 - - - - - - - - 19,793 19,871 20,468 21,082 21,714 22,365 23,036 23,728 131,406 134,041 136,728 139,469 142,265 145,117 148,026 150,993 31,382 31,556 32,503 33,478 34,482 35,516 36,582 37,679 13,352 13,199 13,595 14,003 14,423 14,856 15,302 15,761 489,830 497,965 509,632 521,584 533,827 546,370 559,219 572,382 3,437 3,389 3,490 3,595 3,703 3,814 3,928 4,046 3,416 3,368 3,469 3,573 3,680 3,790 3,904 4,021 2,686 2,648 2,727 2,809 2,894 2,980 3,070 3,162 7,161 7,060 7,272 7,490 7,715 7,946 8,184 8,430 - - - - - - - - 4,629 4,563 4,700 4,841 4,986 5,136 5,290 5,449 21,330 21,027 21,658 22,308 22,977 23,667 24,377 25,108 511,160$ 518,992$ 531,290$ 543,892$ 556,805$ 570,036$ 583,595$ 597,490$ 10,122$ 10,240$ 10,482$ 10,743$ 11,007$ 11,279$ 11,559$ 11,848$ 1,102 1,115 1,142 1,170 1,199 1,228 1,259 1,290 9,683 9,796 10,027 10,277 10,530 10,790 11,058 11,334 16,686 16,686 16,686 16,686 16,686 16,686 16,686 16,686 2,579 2,579 2,579 2,579 2,579 2,579 2,579 2,579 9,870 9,870 9,870 9,870 9,870 9,870 9,870 9,870 4,230 4,230 4,230 4,230 4,230 4,230 4,230 4,230 2,350 2,350 2,350 2,350 2,350 2,350 2,350 2,350 8,930 8,930 8,930 8,930 8,930 8,930 8,930 8,930 411 411 411 411 411 411 411 411 4,230 4,230 4,230 4,230 4,230 4,230 4,230 4,230 49,287 49,287 49,287 49,287 49,287 49,287 49,287 49,287 5,566 5,631 5,764 5,907 6,053 6,202 6,356 6,515 193,668 198,509 203,472 208,559 213,773 219,117 224,595 230,210 143,595 147,388 151,329 155,296 159,826 164,653 169,593 174,681 8,751 8,853 9,062 9,288 9,516 9,751 9,994 10,243 346,014 354,750 363,863 373,143 383,115 393,521 404,181 415,134 421,774$ 430,819$ 440,564$ 450,526$ 461,190$ 472,307$ 483,700$ 495,408$ $89,386 $88,173 $90,726 $93,366 $95,615 $97,729 $99,895 $102,082 Page 708 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Year Single Family Residential Multi-Family Residential Total (Per Capita Base) Employment Population Totals Single Family Residential Multi-Family Residential Totals Year General Fund Revenues Tax Revenues Property Tax AV Sales and Use Tax Per Capita Sales and Use Tax - Project Specific Project Specific Transient Occupancy Tax Per Capita Property Tax In-Lieu of VLF Project Specific Franchise Fees Per Capita Other Taxes Per Capita Subtotal Tax Revenues Other Revenues Per Capita Licenses and Permits Per Capita Fines, forfeitures, penalties Per Capita Use of Money & Property Per Capita Charges for Services No Forecast Intergovernmental Per Capita Subtotal Other Revenues Total General Fund Revenues General Fund Expenditures General Government Per Capita Community Development (20%)Per Capita Public Works/Engineering (20%)Per Capita PC/EMP Base Drainage Management System 26.50$ Building Management System 4.10 Parks Management System 15.68 Open Space Management System 6.72 Fleet Management System 3.73 Pavement Annual (PMP)14.18 General Govt Management System 0.65 Urban Forestry Management System 6.72 78.28$ Community Services Per Capita Public Safety: Police Services Project Specific Fire Services Project Specific Animal Control Services Per Capita Total Public Safety Total General Fund Expenditures Projected Net Revenues/(Shortfall) Population Number of Homes 16 17 18 19 20 171 171 171 171 171 448 448 448 448 448 619 619 619 619 619 31 31 31 31 31 650 650 650 650 650 61 61 61 61 61 160 160 160 160 160 221 221 221 221 221 16 17 18 19 20 222,589$ 227,041$ 231,582$ 236,213$ 240,937$ 129,777 133,670 137,680 141,810 146,065 - - - - - 24,439 25,173 25,928 26,706 27,507 154,020 157,107 160,256 163,467 166,743 38,810 39,974 41,173 42,408 43,681 16,234 16,721 17,222 17,739 18,271 585,868 599,685 613,840 628,344 643,204 4,168 4,293 4,421 4,554 4,691 4,142 4,266 4,394 4,526 4,662 3,257 3,354 3,455 3,559 3,666 8,683 8,943 9,212 9,488 9,773 - - - - - 5,612 5,780 5,954 6,132 6,316 25,861 26,637 27,436 28,259 29,107 611,729$ 626,322$ 641,276$ 656,603$ 672,311$ 12,146$ 12,448$ 12,758$ 13,088$ 13,420$ 1,323 1,356 1,389 1,425 1,462 11,619 11,908 12,204 12,520 12,838 16,686 16,686 16,686 16,686 16,686 2,579 2,579 2,579 2,579 2,579 9,870 9,870 9,870 9,870 9,870 4,230 4,230 4,230 4,230 4,230 2,350 2,350 2,350 2,350 2,350 8,930 8,930 8,930 8,930 8,930 411 411 411 411 411 4,230 4,230 4,230 4,230 4,230 49,287 49,287 49,287 49,287 49,287 6,679 6,845 7,015 7,197 7,380 235,965 241,864 247,911 254,109 260,461 179,921 185,319 190,878 196,604 202,503 10,501 10,762 11,030 11,315 11,603 426,387 437,945 449,819 462,028 474,566 507,440$ 519,788$ 532,472$ 545,545$ 558,953$ $104,289 $106,534 $108,805 $111,058 $113,358 Page 709 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Year 1 2 3 4 5 6 7 Property Tax Analysis Residential Units Single Family Residential Total Cumulative SFR Units 61 36 61 61 61 61 61 61 Total Cumulative Residents 2.80 101 171 171 171 171 171 171 Percentage Complete 59%100%100%100%100%100%100% Constructed Assessed Values $45,811,000 $27,036,000 $45,811,000 $45,811,000 $45,811,000 $45,811,000 $45,811,000 $45,811,000 Multi-Family Residential - Attached Townhomes Total Cumulative MFR Units 160 96 160 160 160 160 160 160 Total Cumulative Residents 2.80 269 448 448 448 448 448 448 Percentage Complete 60%100%100%100%100%100%100% Constructed Assessed Values $85,448,430 $51,269,058 $85,448,430 $85,448,430 $85,448,430 $85,448,430 $85,448,430 $85,448,430 Total Cumulative Residents 370 619 619 619 619 619 619 Commercial Percentage Complete 0%0%0%0%0%0%0% Constructed Assessed Values -$ -$ -$ -$ -$ -$ -$ -$ Industrial Percentage Complete 0%0%0%0%0%0%0% Constructed Assessed Values -$ -$ -$ -$ -$ -$ -$ -$ Office Percentage Complete 0%0%0%0%0%0%0% Constructed Assessed Values -$ -$ -$ -$ -$ -$ -$ -$ Hotel Percentage Complete 0%0%0%0%0%0%0% Constructed Assessed Values -$ -$ -$ -$ -$ -$ -$ -$ Constructed Assessed Values Total Current Period Assessed Value Additions 78,305,058$ 131,259,430$ 131,259,430$ 131,259,430$ 131,259,430$ 131,259,430$ 131,259,430$ Inflation Factor 2.00%100.00%102.00%104.04%106.12%108.24%110.41%112.62% Total AV - Inflated $78,305,058 $133,884,619 $136,562,311 $139,293,557 $142,079,428 $144,921,017 $147,819,437 Cumulative AV (w/o Prior Years Inflation)$78,305,058 $133,884,619 $136,562,311 $139,293,557 $142,079,428 $144,921,017 $147,819,437 Prior Years AV Inflation Factor 2.00%0.00%2.00%2.00%2.00%2.00%2.00%2.00% Prior Years AV Inflation Amount $0 $0 $0 $0 $0 $0 $0 Cumulative Residential AV - Inflated $78,305,058 $133,884,619 $136,562,311 $139,293,557 $142,079,428 $144,921,017 $147,819,437 Property Tax Revenue Estimate Ad-Valorem 1.00%783,051$ 1,338,846$ 1,365,623$ 1,392,936$ 1,420,794$ 1,449,210$ 1,478,194$ Total AV Tax Due to City 12.60%$98,664 $168,695 $172,069 $175,510 $179,020 $182,600 $186,252 Page 710 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Year Property Tax Analysis Residential Units Single Family Residential Total Cumulative SFR Units Total Cumulative Residents Percentage Complete Constructed Assessed Values Multi-Family Residential - Attached Townhomes Total Cumulative MFR Units Total Cumulative Residents Percentage Complete Constructed Assessed Values Total Cumulative Residents Commercial Percentage Complete Constructed Assessed Values Industrial Percentage Complete Constructed Assessed Values Office Percentage Complete Constructed Assessed Values Hotel Percentage Complete Constructed Assessed Values Constructed Assessed Values Total Current Period Assessed Value Additions Inflation Factor Total AV - Inflated Cumulative AV (w/o Prior Years Inflation) Prior Years AV Inflation Factor Prior Years AV Inflation Amount Cumulative Residential AV - Inflated Property Tax Revenue Estimate Ad-Valorem Total AV Tax Due to City 8 9 10 11 12 13 14 61 61 61 61 61 61 61 171 171 171 171 171 171 171 100%100%100%100%100%100%100% $45,811,000 $45,811,000 $45,811,000 $45,811,000 $45,811,000 $45,811,000 $45,811,000 160 160 160 160 160 160 160 448 448 448 448 448 448 448 100%100%100%100%100%100%100% $85,448,430 $85,448,430 $85,448,430 $85,448,430 $85,448,430 $85,448,430 $85,448,430 619 619 619 619 619 619 619 0%0%0%0%0%0%0% -$ -$ -$ -$ -$ -$ -$ 0%0%0%0%0%0%0% -$ -$ -$ -$ -$ -$ -$ 0%0%0%0%0%0%0% -$ -$ -$ -$ -$ -$ -$ 0%0%0%0%0%0%0% -$ -$ -$ -$ -$ -$ -$ 131,259,430$ 131,259,430$ 131,259,430$ 131,259,430$ 131,259,430$ 131,259,430$ 131,259,430$ 114.87%117.17%119.51%121.90%124.34%126.82%129.36% $150,775,826 $153,791,343 $156,867,169 $160,004,513 $163,204,603 $166,468,695 $169,798,069 $150,775,826 $153,791,343 $156,867,169 $160,004,513 $163,204,603 $166,468,695 $169,798,069 2.00%2.00%2.00%2.00%2.00%2.00%2.00% $0 $0 $0 $0 $0 $0 $0 $150,775,826 $153,791,343 $156,867,169 $160,004,513 $163,204,603 $166,468,695 $169,798,069 1,507,758$ 1,537,913$ 1,568,672$ 1,600,045$ 1,632,046$ 1,664,687$ 1,697,981$ $189,978 $193,777 $197,653 $201,606 $205,638 $209,751 $213,946 Page 711 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Year Property Tax Analysis Residential Units Single Family Residential Total Cumulative SFR Units Total Cumulative Residents Percentage Complete Constructed Assessed Values Multi-Family Residential - Attached Townhomes Total Cumulative MFR Units Total Cumulative Residents Percentage Complete Constructed Assessed Values Total Cumulative Residents Commercial Percentage Complete Constructed Assessed Values Industrial Percentage Complete Constructed Assessed Values Office Percentage Complete Constructed Assessed Values Hotel Percentage Complete Constructed Assessed Values Constructed Assessed Values Total Current Period Assessed Value Additions Inflation Factor Total AV - Inflated Cumulative AV (w/o Prior Years Inflation) Prior Years AV Inflation Factor Prior Years AV Inflation Amount Cumulative Residential AV - Inflated Property Tax Revenue Estimate Ad-Valorem Total AV Tax Due to City 15 16 17 18 19 20 61 61 61 61 61 61 171 171 171 171 171 171 100%100%100%100%100%100% $45,811,000 $45,811,000 $45,811,000 $45,811,000 $45,811,000 $45,811,000 160 160 160 160 160 160 448 448 448 448 448 448 100%100%100%100%100%100% $85,448,430 $85,448,430 $85,448,430 $85,448,430 $85,448,430 $85,448,430 619 619 619 619 619 619 0%0%0%0%0%0% -$ -$ -$ -$ -$ -$ 0%0%0%0%0%0% -$ -$ -$ -$ -$ -$ 0%0%0%0%0%0% -$ -$ -$ -$ -$ -$ 0%0%0%0%0%0% -$ -$ -$ -$ -$ -$ 131,259,430$ 131,259,430$ 131,259,430$ 131,259,430$ 131,259,430$ 131,259,430$ 131.95%134.59%137.28%140.02%142.82%145.68% $173,194,030 $176,657,911 $180,191,069 $183,794,891 $187,470,788 $191,220,204 $173,194,030 $176,657,911 $180,191,069 $183,794,891 $187,470,788 $191,220,204 2.00%2.00%2.00%2.00%2.00%2.00% $0 $0 $0 $0 $0 $0 $173,194,030 $176,657,911 $180,191,069 $183,794,891 $187,470,788 $191,220,204 1,731,940$ 1,766,579$ 1,801,911$ 1,837,949$ 1,874,708$ 1,912,202$ $218,224 $222,589 $227,041 $231,582 $236,213 $240,937 Page 712 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Exhibit C: Nakano Site Plan and Site Utilization Summary Page 713 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P3.1P1.1 B P2.1 P1.1 A P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4A P3 P2 P1 P4BRP3RP2RP1RP3RP3P4AP3P2P1P4BRP3RP2RP1RP3RP3 P4AP2P1 P4BR P3R P2R P1R P4AP2P1 P4BR P3R P2R P1R P4AP3P2P1 P4BR P3R P2R P1R P4A P3 P2P1 P4BR P3R P2R P1R P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P2.2P3.1 C P2.1P1.1 A P3.1P1.1 B P2.2 P3.1 C P2.1P1.1 A P3.1P1.1 B P2.2 P3.1 C P2.1P1.1 A P2.2 P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P3.1 P1.1 B P2.2P3.1 C P2.1 P1.1 A P2.1 P1.1 AP3.1 P1.1 B P2.2P3.1 CP2.1 P1.1 A P2.2P3.1 C P2.1P1.1 A P3.1 P1.1 B P2.2 P3.1 C P2.1 P1.1 A P2.2 P3.1 C P3.1P1.1 BP2.2 P3.1 C P2.1P1.1 AP2.2 P3.1 C P3.1P1.1 B CIVIL SENSE INC 13475 Danielson Street, Suite 150 | Poway, CA 92064 Office: 858-842-4353 No. 63686 Exp. 09-30-22 CIV I LS T ATE OF CA L I F O R N I A R EG I STER E D P R O F ESSIONA L E N G I N EER HEN R Y H . P E N G Page 714 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda SMRH:4857-7571-6895.14 G-1 EXHIBIT G Distribution of Revenue and Other Items [Attached behind this page] Page 715 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Exhibit G Distribution to City of San Diego December 5, 2022 Below is a summary of the anticipated fees to be paid by the project as well as the parties involved. Per the City of San Diego, the fees below may be subject to change pending the forthcoming citywide development impact fee program. Item Current Rate / Estimated Amount Party Paying Party Receiving FY 2025 DIF Fee The total current fee of $3,695,739 based on $34,219.80 per dwelling unit which is calculated using the City 2023 Fee Calculator assuming a 2.00% yearly markup. Includes 108 Units. Tri Pointe City of San Diego FY 2026 DIF Fee The total current fee of $3,734,749 based on $34,904.19 per dwelling unit which is calculated using the City 2023 Fee Calculator assuming a 2.00% yearly markup. Includes 107 Units. Tri Pointe City of San Diego City of San Diego Water Capacity Fee – Single Family Fee to be calculated based on rate in place and time of issuance of building permit. The total current anticipated fee is $185,867 based on 61 Single Family Units at $3,047 per Unit. Tri Pointe City of San Diego City of San Diego Water Capacity Fee – Duplex Fee to be calculated based on rate in place and time of issuance of building permit. The total current anticipated fee is Tri Pointe City of San Diego Page 716 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda $243,151 based on 84 Units at $2,894.65 per Unit. City of San Diego Water Capacity Fee – Multi-Family Fee to be calculated based on rate in place and time of issuance of building permit. The total current anticipated fee is $199,462 based on 70 Units at $2,848.95 per Unit. Tri Pointe City of San Diego San Diego County Water Authority Capacity Fee (2) 3” Meters Fee to be calculated based on rate in place and time of issuance of building permit. The total current anticipated fee is $106,000 based on 2 3” Meters at $53,000 per Meter. Tri Pointe San Diego County Water Authority City of San Diego Sewer Capacity Fee – Single Family Fee to be calculated based on rate in place and time of issuance of building permit. The total current anticipated fee is $314,394 based on 61 Units at $5,154 per Unit. Tri Pointe City of San Diego City of San Diego Sewer Capacity Fee – Duplex Fee to be calculated based on rate in place and time of issuance of building permit. The total current anticipated fee is $411,289 based on 84 Units at $4,896.30 per Unit. Tri Pointe City of San Diego City of San Diego Sewer Capacity Fee – Multi-Family Fee to be calculated based on rate in place and time of issuance of building permit. The total current anticipated fee is Tri Pointe City of San Diego Page 717 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda $337,329 based on 70 Units at $4,818.99 per Unit. Inclusionary Housing Fee Fee of $20.09 per Sq. Ft. of habitable space to be satisfied by development of on- site affordable housing. Tri Pointe City of San Diego Municipal Share of Property Taxes Final City of San Diego share of the 1% ad valorem tax is to be determined through the LAFCO process. The current share of the 1% in the tax rate area adjacent to the Property (TRA-01287) is 16.113707%. Owners of legal lots within the Property Taxes collected by the County and distributed to the City of San Diego Property Transfer Fee Calculated at rate in place at time of transfer. Currently, rate is $0.55 for every $1,000 of real estate property sales value. Owners of legal lots within the Property Collected by the County and distributed to the City of San Diego Municipal Share of Property Tax in-lieu of VLF This payment is based on the increase in assessed valuation. Total tax amount to be determined once Project is completed. Owners of the legal lots within the Property Collected by the County and distributed to the City of San Diego Page 718 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Municipal Share of Sales Tax 1.0% of taxable retail sales in City of San Diego related to Residential Development Project. Residents of legal lots within Property pay sales tax to merchants in the City of San Diego, who pay the tax to the State, who distributes it to the City of San Diego City of San Diego Municipal Share of Gas Tax Apportioned by State from gasoline tax collections to cities primarily on a per- capita basis. Consumers of gasoline, some of whom are Residents of legal lots within the Property City of San Diego Franchise Fees – Refuse Hauling Payable in accordance with then current Franchise Agreement. Payable by franchisee from fees charged to users of waste hauling services within the Property City of San Diego Franchise Fees – SDG&E Payable in accordance with then current Franchise Agreements for natural gas and electricity. Payable by SDG&E from fees charged to users of electrical service within the Property City of San Diego Franchise Fees – Communication Providers Payable in accordance with State law. Payable by communication providers from fees charged to users of communication services within the Property City of San Diego Page 719 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. 2024-15 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL MAKE CERTAIN FINDINGS OF FACT, ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND CERTIFY ENVIRONMENTAL IMPACT REPORT EIR22-0001 FOR THE NAKANO PROJECT; APPROVE AMENDMENTS TO THE CHULA VISTA GENERAL PLAN FOR THE NAKANO PROJECT (MPA21-0016); ADOPT THE NAKANO SPECIFIC PLAN (MPA21-0017); PLACE AN ORDINANCE ON FIRST READING APPROVING A ZONE CHANGE FOR THE NAKANO PROJECT; APPROVE A TENTATIVE MAP FOR THE NAKANO PROJECT (PCS21-0001); APPROVE A PROPERTY TAX EXCHANGE AGREEMENT AND ANNEXATION AGREEMENT FOR THE NAKANO PROJECT; AND ADOPT A RESOLUTION OF SUPPORT FOR THE PROPOSED REORGANIZATION OF THE NAKANO PROJECT SITE FROM THE CITY OF CHULA VISTA’S JURISDICTION INTO THE JURISDICTION OF THE CITY OF SAN DIEGO WHEREAS, the area of land that is the subject of this Resolution is, for the purpose of general description, the 23.77 acres located south of the Otay River, north of Dennery Road, east of Interstate 805 (“I-805”), and west of the RiverEdge Terrace residential subdivision in the City of San Diego (“Nakano Property” or “Project Site”); and WHEREAS, the Project Site is bounded on the east, south, and west by the City of San Diego and can only be accessed via Dennery Road; and WHEREAS, the Project Site does not have direct access or connections to City of Chula Vista (“City”) utilities, services, and/or facilities, and, if developed, would need to be served by the City of San Diego (“San Diego”); and WHEREAS, Tri Pointe Homes (“Applicant” or “Property Owner”) wishes to develop the Nakano Property for residential use with infrastructure and public services provided by San Diego, thus requiring reorganization of the Project Site from the City into San Diego; and WHEREAS, on December 7, 2021, San Diego and the City entered into a Memorandum of Understanding (“MOU”) acknowledging that both have substantial claims to be the Lead Agency in the annexation process, that the City would serve as the Lead Agency since the Nakano Specific Plan will be processed within its jurisdiction, and San Diego would serve as a Responsible Agency; and WHEREAS, on September 16, 2021, a duly verified application was filed with the City’s Development Services Department by the Applicant requesting approval of amendments to the Docusign Envelope ID: 48565194-0132-48E4-AE9B-C38F269D58C5 Page 720 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. 2024-15 Page No. 2 Chula Vista General Plan (MPA21-0016) changing the land use designation of the Project Site from Open Space (OS) to Medium Residential (RM), adoption of the Nakano Specific Plan (MPA21-0017), and approval of a Tentative Map for the Nakano Project (PCS21-0001) (“Project”); and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project may have a significant effect on the environment and, therefore, requires the preparation of Environmental Impact Report (“EIR”) EIR22-0001; and WHEREAS, City staff recommends that the Planning Commission adopt this Resolution recommending to the City Council that it certify EIR22-0001 and approve the Nakano Project, including amendments to the Chula Vista General Plan for the Nakano Project, the Nakano Specific Plan, a Tentative Map for the Nakano Project, a Property Tax Exchange Agreement, an Annexation Agreement, and a Resolution of Support for the reorganization of the Nakano Property from the jurisdiction of the City into the jurisdiction of San Diego; and WHEREAS, the Director of Development Services set the time and place for a hearing before the Planning Commission to consider the staff recommendation, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the Planning Commission held a duly noticed public hearing to consider said recommendation to the City Council on October 9, 2024, at 6:00 P.M. in the City Council Chambers, 276 Fourth Avenue, and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City that it hereby recommends that the City Council adopt a resolution approving EIR22-0001 with a Statement of Overriding Considerations, amending the General Plan, adopting the Nakano Specific Plan, approving a Tentative Map for the Nakano Project, approving a Property Tax Exchange Agreement, approving an Annexation Agreement, and adoption of a Resolution of Support for the reorganization of the Nakano Property; the Planning Commission further recommends that the City Council place an Ordinance on first reading approving the proposed Zone Change for the Project. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 48565194-0132-48E4-AE9B-C38F269D58C5 Page 721 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. 2024-15 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 9th day of October 2024, by the following vote: AYES: Commissioners: Burroughs, Combs, Sanfilippo, and De La Rosa NOES: Commissioners: Torres ABSENT: Commissioners: Felber, Leal ___________________________ Michael De La Rosa, Chair ATTEST: ___________________________ Mariluz Zepeda, Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Mariluz Zepeda, Deputy City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2024-15 was duly passed, approved, and adopted by the Planning Commission at a regular meeting of the Planning Commission held on the 9th day of October 2024. Executed this 9th day of October 2024. Mariluz Zepeda, Deputy City Clerk Docusign Envelope ID: 48565194-0132-48E4-AE9B-C38F269D58C5 For Page 722 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Development Services Department Planning Division Development Processing List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier). If any person* identified in section 1. above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation/partnership) entity. If any person* identified in section 1. above is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No If yes, briefly describe the nature of the financial interest the official** may have in this contract. 1. 2. 3. 4. 5. Disclosure Statement Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interest, payments, and campaign contributions must be filed. The following information must be disclosed: 276 Fourth Avenue Chula Vista California 91910 (619) 691.5101 4of9 APPLICATION APPENDIX B Form 320 Rev 0.14 Allen Kashani - Sr. Project Manager and Assistant Secretary, Tri Pointe Homes IE-SD MayKia Vang - Leppert Engineering Elizabeth Hansen - Southwest Strategies Brooke Peterson - Rick Engineering ✔ Page 723 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Development Services Department Planning Division Development Processing Disclosure Statement - Page 2 Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past (12) months to a current member of the City of Chula Vista Council ? Yes No if yes which council member? Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in the past (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes No If yes, which official** and what was the nature of the item provided? Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past (12) months? Yes No If yes, which official** and the nature of the item provided? Date Signature of Contractor/Applicant Print or type name of Contractor/Applicant Person is identified as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission or committee of the City, and City employee or staff members. This disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by legislative body. Last Updated: March 16, 2010 6. 7. 8. * ** *** 276 Fourth Avenue Chula Vista California 91910 (619) 691.5101 5of9 APPLICATION APPENDIX B Form 320 Rev 0.14 ✔ ✔ ✔ Allen Kashani, Sr. Project Manager Tri Pointe Homes IE-SD 9/24/24 Page 724 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. 2024-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS OF FACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND CERTIFYING ENVIRONMENTAL IMPACT REPORT EIR22-0001 FOR THE NAKANO PROJECT; APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN FOR THE NAKANO PROJECT (MPA21-0016); ADOPTING THE NAKANO SPECIFIC PLAN (MPA21- 0017); APPROVING A TENTATIVE MAP FOR THE NAKANO PROJECT (PCS21-0001); APPROVING A PROPERTY TAX EXCHANGE AGREEMENT AND ANNEXATION AGREEMENT FOR THE NAKANO PROJECT; AND SUPPORTING THE PROPOSED REORGANIZATION OF THE NAKANO PROJECT SITE FROM THE CITY OF CHULA VISTA’S JURISDICTION INTO THE JURISDICTION OF THE CITY OF SAN DIEGO AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO WHEREAS the area of land that is the subject of this Resolution is, for the purpose of general description, the 23.77 acres located south of the Otay River, north of Dennery Road, east of Interstate 805 (“I-805”), and west of the RiverEdge Terrace residential subdivision in the City of San Diego (“Nakano Property” or “Project Site”) (APN: 624-071-02); and WHEREAS the Project Site is bounded on the east, south, and west by the City of San Diego and can only be accessed via Dennery Road; and WHEREAS the Project Site does not have direct access or connections to the City of Chula Vista (“City”) utilities, services and/or facilities, and, if developed, would need to be served by the City of San Diego (“San Diego”); and WHEREAS Tri Pointe Homes (“Applicant” or “Property Owner”) wishes to develop the Nakano Property for residential use with infrastructure and public services provided by San Diego, thus requiring reorganization of the Project Site from the City into San Diego; and WHEREAS, on September 16, 2021, a duly verified application was filed with the City’s Development Services Department by the Applicant requesting approval of amendments to the Chula Vista General Plan (MPA21-0016) changing the land use designation of the Project Site from Open Space (OS) to Medium Residential (RM), adoption of the Nakano Specific Plan (MPA21-0017), and approval of a Tentative Map for the Nakano Project (PCS21-0001) (“Project”); and WHEREAS, on December 7, 2021, San Diego and the City entered into a Memorandum of Understanding (“MOU”) acknowledging that both have substantial claims to be the Lead Agency in the annexation process, that the City would serve as the Lead Agency since the Nakano Specific Plan will be processed within its jurisdiction, and San Diego would serve as a Responsible Agency; and Page 725 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CC Resolution No. 2024-XX Page 2 WHEREAS the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project may have a significant effect on the environment and, therefore, requires the preparation of Environmental Impact Report (“EIR”) EIR22-0001; and WHEREAS a Draft EIR for the Project was issued for public review on April 26, 2024, and was processed through the State Clearinghouse and issued clearinghouse number 2022060260; and WHEREAS, in consideration of the comments received on the Draft EIR and the requirements of CEQA, a Final EIR was prepared for the Project; and WHEREAS EIR22-0001 incorporates all comments and recommendations received on the Draft EIR, a list of all persons, organizations, and public agencies commenting on the Draft EIR, and the City’s responses to all “significant environmental points” raised by public and agency comments submitted during the review and consultation process, in accordance with CEQA Guidelines Section 15132; and WHEREAS revisions to EIR22-0001 did not result in modifications to conclusions regarding the significance of impacts or the addition of significant new information that would require recirculation of the EIR pursuant to CEQA Guidelines Section 15088.5; and WHEREAS the Director of Development Services set the time and place for a hearing before the Planning Commission, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and WHEREAS City staff recommended that the Planning Commission adopt a Resolution recommending to the City Council that it certify EIR22-0001 and approve the Project, including amendments to the Chula Vista General Plan for the Project, a Specific Plan, a Tentative Map (PCS21-0001) for the Project, a Property Tax Exchange Agreement, an Annexation Agreement, and support for the reorganization of the Nakano Property from the jurisdiction of the City of Chula Vista into the jurisdiction of the City of San Diego; and WHEREAS, after review and consideration of the Staff Report and related materials for the Project, the Planning Commission hearing on the Project was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 4-1 to recommend to the City Council approval of the subject actions, and the hearing was thereafter closed; and WHEREAS the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on October 9, 2024, and the Minutes and Resolution resulting therefrom are incorporated into the record of this proceeding; and Page 726 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. 2024-XX Page 3 WHEREAS the City Clerk set the time and place for a hearing before the City Council on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for the Project, the duly called and noticed public hearing on the Project was held before the City Council in the City Council Chambers, 276 Fourth Avenue, to hear public testimony with regard to the same, and the proceedings and any documents submitted to the City Council as the decision- makers shall comprise the entire record of the proceedings. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista, after hearing public testimony and staff’s presentation and after reviewing all the subject documents, does hereby find, determine, and resolve as follows: I. CERTIFICATION AND COMPLIANCE WITH CEQA Pursuant to Section 15164 of the CEQA Guidelines, the City Council considered EIR22- 0001 and associated documents for the Project and hereby adopts the proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project and EIR22-0001 held on October 9, 2024, and the minutes and resolutions resulting therefrom are hereby incorporated into the record of this proceeding pursuant to Public Resources Code Section 21167.6 and that EIR22-0001 is prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City. The City Council, in the exercise of its independent review and judgment, therefore, certifies EIR22-0001 and all associated documents specific in Section III of this Resolution, copies of which are incorporated herein by this reference and on file in the office of the City Clerk. II. EIR CONTENTS That EIR22-0001 consists of the following: A. Final Environmental Impact Report EIR22-0001, SCH #2022060260. B. Appendices (A through U) to EIR22-0001. C. Technical studies and information incorporated in the responses to comments. III. FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS Page 727 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CC Resolution No. 2024-XX Page 4 A. Adoption of Findings of Fact The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact attached to this Resolution. B. Mitigation Measures Feasible and Adopted As more fully identified and set forth in EIR22-0001 for the Nakano Project and in the Findings of Fact and MMRP for this Project, the City Council hereby finds, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in the above-referenced documents are feasible. C. Infeasibility of Alternatives As is also noted in the above-referenced environmental documents, one or more alternatives to the Project which were identified as potentially feasible in the EIR were found not to be feasible. D. Adoption of the Mitigation Monitoring and Reporting Program As required by Public Resources Code Section 21081.6, the City Council herby adopts the Nakano Project MMRP as set forth in EIR22-0001. The City Council hereby finds that the MMRP is designed to ensure that during Project implementation, the Applicant and any other responsible parties implement the Project components and comply with the feasible mitigation measures identified in the Findings of Fact and the MMRP. E. Statement of Overriding Considerations Even after adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the Project, or cumulatively, will remain. Therefore, the City Council hereby is sues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in the attachment to this Resolution, a copy of which is filed with the City Clerk’s office and numbered official City document ___________, identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. IV. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the Chula Vista General Plan, as amended, is internally consistent and shall remain internally consistent following amendments thereof by this Resolution as discussed and determined in the Nakano General Plan Amendment Justification Report for the Project (Appendix B to the N akano Specific Plan, a copy of which is filed with the City Clerks’ office and numbered official City document _________). Page 728 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. 2024-XX Page 5 V. ADOPTION OF GENERAL PLAN AMENDMENTS In light of the findings above, the Chula Vista General Plan amendments, specifically changing the land use designation of the Project Site from Open Space (“OS”) to Medium Residential (“RM”), are hereby approved and adopted in substantially the form presented to the City Council and incorporated herein and on file with the office of the City Clerk. VI. NAKANO SPECIFIC PLAN FINDINGS A. That the Nakano Specific Plan is in conformance with the City’s 2005 General Plan based on the following: The proposed Nakano Specific Plan is in conformance with and implements the 2005 Chula Vista General Plan. The Nakano Specific Plan is based on the vision and objectives of the General Plan for the East Area Plan section of the General Plan. The General Plan largely focuses on the revitalization and redevelopment of the western portion of Chula Vista. Section 10.0 of the Land Use and Transportation Element of the General Plan outlines the vision for the East Area Plan which is further subdivided into six subareas. The Project Site is located in the East Main Street subarea section of the East Area Plan. Section 10.4.4 of the General Plan sets forth the objectives and policies to implement the General Plan’s vision. The General Plan’s vision for the East Main Street subarea focuses mostly on the car dealerships along Main Street east of I- 805 and the entertainment facilities, namely the amphitheater and water park, and the desire to keep the commercial activities separate from the residential areas to avoid a conflict of land usage. Given the Nakano Property is adjacent to existing residential uses located in San Diego, the Nakano Specific Plan has been prepared pursuant to the General Plan’s vision and serves as an implementing regulatory document serving as the primary source for policies, guidelines, and regulations that implement the community’s vision for the Nakano Property. Based on the above the City Council does hereby find that the proposed Nakano Specific Plan is consistent with the 2005 General Plan and that the public necessity conveniences general welfare and good planning and zoning practice support its approval and implementation. B. That the Nakano Specific Plan has been prepared in accordance with the CVMC and the California Government Code provision governing specific plans based on the following findings of fact: Chula Vista Municipal Code Chapter 19.07 (Specific Plans) and the California Government Code Title 7 Division 1 Chapter 3 Article 8 Sections 65450 through 65457 establish the statutory authority for specific plans. As provided in CVMC Chapter 19.07, specific plans may be implemented through the adoption of standard zoning ordinances and the planned community zone as provided in Title 19 or by plan Page 729 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CC Resolution No. 2024-XX Page 6 effectuation standards incorporated within the text of an individual specific plan. The method of implementing an individual specific plan shall be established and expressed by its adopting resolution or ordinance. The Nakano Specific Plan is being adopted by this Resolution. All zoning related portions of the Nakano Specific Plan (i.e. land use matrix, permitted uses, and development regulations) are prepared to serve as regulatory provisions and supersede other regulations and ordinances of the City for the control of land use and development within the Nakano Specific Plan boundaries. The Nakano Specific Plan has been prepared as an implementing document for future land uses, public improvements and programs as provided for in the 2005 General Plan. The new zoning regulations proposed in the Nakano Specific Plan would replace existing CVMC zoning classifications for the Project Site and introduce residential uses which would be permitted in the East Main Street subarea, consistent with the 2005 General Plan. The City Council does hereby find that the Nakano Specific Plan has been prepared pursuant to the authority granted in CVMC Chapter 19.07 (Specific Plans) and the California Government Code Title 7 Division 1 Chapter 3 Article 8 Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451. C. That a financing program has been prepared which identifies the methods of funding for those facilities and services and ensures that the funds are spent on said facilities pursuant to the phasing schedule based on the following findings of fact: The Chula Vista General Plan 2005 update focused on the revitalization and redevelopment of western Chula Vista. New growth is planned around smart growth principles such as industrial/commercial business parks that concentrate infill and redevelopment to select focus areas and corridors to protect stable single-family neighborhoods, better utilize land resources, reduce environmental impacts and make more efficient use of existing infrastructure. The Chula Vista General Plan calls for the preparation and adoption of specific plans to carry out the vision of the General Plan in an organized and orderly fashion. The Nakano Specific Plan implements the policies and objectives of the Chula Vista General Plan to direct a portion of the residential growth expected to occur in the City over the next few years to the East Main Street subarea by providing zone changes, development regulations and design guidelines to accommodate the anticipated future growth on the Project Site. The Nakano Specific Plan includes an assessment of the proposed distribution location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities that would be located within the area covered by the plan and needed to support the land uses described in the plan. In addition, the Nakano Specific Plan and the Tentative Map (PCS21-0001) for the Project Site includes a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the plan. Page 730 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. 2024-XX Page 7 Specifically, Chapter 5 of the Nakano Specific Plan and EIR22-0001, including the MMRP, provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development. As described in the Nakano Specific Plan, Tentative Map (PCS21-0001) and EIR, subsequent new development would be required to provide adequate public services and facilities commensurate with their impact. VII. TENTATIVE SUBDIVISION MAP FINDINGS AND APPROVAL A. Tentative Subdivision Map (PCS21-0001) for the Project is approved and adopted, subject to the conditions stated herein. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map (PCS21-0001), as conditioned herein, is in conformance with the elements of the City’s General Plan, based on the following: 1. Land Use and Circulation The proposed Project is adjacent to existing San Diego communities that provide a variety of residential, commercial, parks, open space, and school uses, as well as public and private improvements to serve the community. The proposed Project is consistent with the policies and objectives of the Chula Vista General Plan related to land use and circulation. 2. Economic Development The Nakano Project is designed to help achieve the Chula Vista General Plan’s objectives that seek to promote a variety of job and housing opportunities to improve the City’s jobs/housing balance, provide a diverse economic base, and encourage the growth of small businesses. The proposed Project is consistent with those objectives. 3. Public Facilities and Services Sewer Sewer capacity needs are conditioned under this Resolution. Parks Parks, recreation, and open space obligations are conditioned under this Resolution and other regulatory documents for this Project. Construction of any applicable park, recreation and open space identified in this Resolution are the responsibility of the Applicant. Page 731 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CC Resolution No. 2024-XX Page 8 4. Housing The Nakano Specific Plan is consistent with the Housing Element of the City’s General Plan by providing for high-quality multifamily residential opportunities in the southeastern portion of the City. 5. Environmental EIR22-0001 addressed the goals and policies of the Environmental Element of the Chula Vista General Plan and found development of this site to be consistent with those goals and policies. The proposed Project may have a significant effect on the environment. Accordingly, the City Council, in the exercise of its independent review and judgment, adopts the Statement of Overriding Considerations, and certifies the Project EIR (EIR22-0001) and associated MMRP, which are all incorporated herein by this reference and on file in the office of the City Clerk. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the site’s configuration, orientation, and topography allow for optimal lot siting to maximize natural and passive heating and cooling. The project site’s development will undergo site plan and architectural review to ensure the fullest utilization of these opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. Pursuant to Government Code Section 66474 (a-g) of the Subdivision Map Act, the proposed Project meets the following requirements: 1. The proposed Project is consistent with applicable Chula Vista General Plan provisions as specified in Section 65451 because the Nakano Specific Plan is consistent with the Chula Vista General Plan’s land use designations for the East Plan Area. 2. Project design or improvement is consistent with the Chula Vista General Plan land use designations, as amended, and intended circulation for the East Area Plan. 3. The Project Site is suitable for the proposed density of development. 4. The Project Site is physically suitable for the type of development. The proposed Project is surrounded by existing and entitled residential communities to the east and southeast, commercial development to the south, I-805 freeway to the west, and the Otay Valley Regional Park (“OVRP”) open space to the north and will have available access and infrastructure to serve the proposed Project. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems because the proposed Project has been designed to have Page 732 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. 2024-XX Page 9 suitable separation between structures and parcels and is able to be served by fire and emergency services. 6. The subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of property, within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The proposed Project’s roadways and utilities are within the Project and are not in conflict with existing easements. E. The Project Site is physically suited for development and will be developed in conformance with the Nakano Specific Plan and EIR22-0001, its MMRP and Addendums, which ensure that the Project Site is developed in a manner consistent with the standards established by the City for a planned community. F. The conditions herein imposed on the proposed Project are approximately proportional both in nature and extent to the impacts created by the Project, based upon the City’s police powers and evidence provided by the record of the proceedings of EIR22-0001. VIII. TENTATIVE SUBDIVISION MAP CONDITIONS OF APPROVAL The following shall be implemented and enforced by the City unless the proposed Project is annexed into the jurisdiction of San Diego. Additional requirements may be imposed resulting from new standards or regulations established at the time of development and/or application submittal. If the proposed Project is annexed into and developed within San Diego, the Applicant shall comply with all conditions, findings, resolutions, and ordinances adopted by San Diego as part of the San Diego Project Entitlements (as defined by the Annexation Agreement). Unless otherwise specified, the following shall be accomplished to the satisfaction of the Director of Development Services or their designee prior to issuance of building permits: Planning 1. Prior to issuance of any grading permit(s), the applicant shall obtain a Service Plan Agreement from San Diego to allow the Project to be developed in the City of Chula Vista. 2. Prior to issuance of the first grading permit and/or prior to approval of the first final map, an out-of-service agreement shall be executed with the Local Agency Formation Page 733 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CC Resolution No. 2024-XX Page 10 Commission for San Diego County (“LAFCO”) for the Project's additional wastewater generation contributing to the City’s existing Metro Flow share and allocation. Sewer shall be served by the City Wastewater Department through connections to San Diego’s Otay Valley Trunk Sewer. 3. Where Alternative Compliance is implemented, the Applicant shall provide a six-foot radiant heat wall consisting of two feet of CMU block and four feet of fire-rated glass or six feet of CMU block. All habitable structures shall be fire-rated with upgraded opening protection of dual-glazed/dual-tempered windowpanes including a 10-foot perpendicular return along the adjacent wall faces of the structures, per the note on Sheet 17 of the Fuel Modification Plan. 4. Prior to issuance of any grading permit(s), the Applicant shall obtain a right-of-way permit for grading that encroaches on property owned by the City. Immediately following the completion of grading within the encroachment area, the Applicant shall revegetate the native habitat that was removed for such activity. 5. Prior to the final inspection for the first residential building permit (exclusive of model homes), the Applicant shall construct the proposed trails and landscape improvements in accordance with the Otay Valley Regional Park Design Guidelines and provide public access to the trails. Land Development 6. The Project and Applicant shall comply with all applicable requirements and guidelines of the CVMC, the Chula Vista Subdivision Manual, the Chula Vista Design and Construction Standards, the Development Storm Water Manual for Development and Redevelopment Projects, the Chula Vista Grading Ordinance (No. 1797), and the Subdivision Map Act. 7. Prior to issuance of any grading permit, the Applicant shall obtain resource agency permits from applicable agencies, which may include the U.S. Army Corps of Engineers (CWA Section 404 Permit), the California Department of Fish and Wildlife (CDFW Section 1600 Streambed Alteration Agreement), and a Regional Water Quality Control Board (CWA Section 401 Certification). 8. Prior to approval of a grading plan and issuance of a grading permit that includes offsite grading, the Applicant shall provide the City with Letters of Permission from affected property owners. 9. The on-site sewer and storm drain systems shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City-maintained public facilities. 10. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required as necessary. Page 734 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. 2024-XX Page 11 11. All proposed sidewalks, walkways, pedestrian ramps, and accessible parking shall be designed to meet the City Design Standards, Americans with Disabilities Act standards, and California Building Code Title 24 standards as applicable. 12. All driveways shall conform to the City’s sight distance requirements in accordance with CVMC Section 12.12.120 and Chula Vista Standard Drawing RWY-05 (Sight Distance Requirements). Neither landscaping, street furniture, nor signs shall obstruct the visibility of drivers at street intersections or driveways. 13. Prior to issuance of a construction permit, the Applicant shall obtain an encroachment permit for any private facilities, temporary or permanent, within the public right -of- way or a City easement. 14. Prior to issuance of any building permit within the Project, the Applicant shall provide the City with proof of pad certification. 15. Areas affected by the proposed remedial grading shall be restored to pre-project conditions/elevations and confirmed with an as-built survey after the grading has occurred. 16. Prior to approval of the first final map or issuance of the first building permit, whichever occurs first, the Applicant shall provide will-serve letters from San Diego addressing water and sewer service. 17. Prior to approval of the first final map, the Applicant shall provide a letter from San Diego allowing vehicular access to Dennery Road and accepting the increase in traffic volumes generated from the Project. 18. Private Street “A” shall be designed to meet public street standards based on the average daily trips (“ADT”) generated, except that a minimum centerline radius of 170 feet shall be utilized. 19. The Applicant shall provide a 40-foot-wide access easement to the City over portions of Private Street “A” from Dennery Road to the Project boundary. A termination clause shall be included in the easement deed to self-extinguish if/when the Project is annexed into San Diego. 20. Prior to issuance of any grading permit, the Applicant shall submit a Letter of Permission for any proposed grading within the SDG&E easement. 21. Prior to grading permit issuance, the Applicant shall obtain approval from San Diego for the relocation of its existing sewer mains and facilities affected by the Project. Page 735 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CC Resolution No. 2024-XX Page 12 22. Prior to approval of a final map, the existing San Diego sewer easement shall be vacated. 23. The Applicant shall obtain grading and right-of-way permits from San Diego for any offsite work associated with Private Street “A” and Dennery Road. 24. Prior to approval of a final map, the Applicant shall provide offsite private easements for access, utility, and storm water maintenance. 25. Prior to approval of a final map, all streets within the Project shall be labeled as private streets. 26. The Project shall include a top-of-slope vehicle barrier for Access Road and Private Street “A” where large downslope conditions are proposed. 27. Prior to issuance of grading, construction, and/or building permits, the Applicant shall document compliance with the requirements pertaining to storm water best management practices (“BMP”) on applicable plans. The Applicant shall develop and implement post-construction BMPs in accordance with the most recent regulations at the time of grading, construction and building permit issuance. 28. The Project’s Storm Water Quality Management Plan is considered conceptually complete and provides adequate information on the project BMP’s objectives to move forward with construction drawings. Additional requirements may be imposed at the time of development and/or when a Land Development permit application is submitted, depending upon the final plans submitted for review and approval. Prior to approval of the grading plans, the Applicant shall submit a final Storm Water Quality Management Plan based on the latest BMP Design Manual to the City for review and approval. 29. The Project’s Drainage Report is considered conceptually complete and provides adequate information on the project’s drainage objectives to move forward with construction drawings. Additional requirements may be imposed at the time of development and/or when a Land Development permit application is submitted, depending upon the final plans submitted for review and approval. Prior to approval of the grading plans, the Applicant shall submit a final Drainage Report based on the latest requirements set forth in the City’s Subdivision Manual for review and approval. 30. Prior to issuance of the first of the grading, construction, or building permit(s), the Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement with the City for the perpetual maintenance and funding of all post- construction permanent BMP facilities within the Project to the satisfaction of the City Engineer. 31. The Applicant shall submit a detailed operation and maintenance (O&M) plan for all permanent BMPs as required by the City to preserve the intended pollution control and/or flow control performance of the BMP(s). Upon completion of the BMPs/project, Page 736 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. 2024-XX Page 13 the Applicant shall update/finalize the plan to reflect constructed structural BMPs with as-built plans and baseline photos. 32. The Applicant shall provide a letter of approval from San Diego for the Project’s proposed direct connection to the existing 27-inch San Diego Otay Valley Trunk Sewer and for the relocation of a portion of said pipe. 33. The Applicant shall meet San Diego’s requirements regarding the payment of fees and construction costs related to the connection to San Diego’s sewer main. 34. If it is determined that a sewage metering station is needed for the Project, the Applicant shall pay all direct and incidental costs for the installation and maintenance of the sewage metering station at the proposed connection to San Diego’s sewer main. 35. The Applicant shall agree not to protest formation of or inclusion in a maintenance district or zone for the maintenance of landscape medians, scenic corridors along streets, and/or public parks within or adjacent to the Project. 36. As a safety measure, prior to issuance of any building permit, the Applicant shall construct speed bumps throughout the Project to the satisfaction of the City Engineer. 37. With the approval of any grading and public or private improvement plan, the Applicant shall upload digital files in a format such as AutoCAD DWG or DXF (AutoCAD version 2000 or above), ESRI GIS shapefile, or personal geodatabase (ArcGIS version 9.0 or above) using the city's digital submittal file upload website: http://www.chulavistaca.gov/goto/GIS. (The data upload site only accepts zip-formatted files.) 38. If it is determined that the Cities of Chula Vista and San Diego must enter into an agreement for the provision of sewer service to the Project, the agreement shall be executed prior to approval of the improvement plans for the Project. Housing 41. Prior to issuance of the first building permit, the Applicant shall execute an affordable housing agreement for the Project compliant with the City's inclusionary requirements at the time of execution of the regulatory agreement. Transportation 42. The Applicant shall enter into an agreement with San Diego to complete the following improvements and provide the fair share contribution(s) specified in the Project’s Local Mobility Analysis (“LMA”) and in accordance with San Diego requirements. Demonstration of compliance with these conditions shall be provided to the City prior to issuance of any building permit(s) unless indicated otherwise. Page 737 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CC Resolution No. 2024-XX Page 14 a. The Applicant shall permit and bond the removal and replacement of the existing driveway on Dennery Road with full-height curb, gutter, and non-contiguous sidewalk and construct a new 25-foot-wide driveway as shown on Exhibit ‘A’ per current San Diego standards, satisfactory to San Diego’s Engineer. All improvements shall be completed and operational prior to final inspection for the first building permit. b. Prior to the issuance of any building permit, the Owner/Permittee shall assure by permit and bond with San Diego completion of the improvements specified in the Local Mobility Analysis and shall provide a fair share contribution of 2.5 percent to San Diego towards the bridge widening as part of the Palm Ave-Interstate 805 Interchange / S00869 Project within San Diego, satisfactory to San Diego’s City Engineer. c. At the intersection of Palm Avenue/Dennery Road, the Applicant shall permit and bond the following per San Diego standards, satisfactory to San Diego’s City Engineer. All improvements shall be completed and operational prior to final inspection for the first building permit: 1) Installation of pedestrian countdown signal heads and installation of backplates with retroreflective borders on all approaches via a traffic signal modification plan; 2) Extension of the exclusive eastbound dual left turn lanes with 280 feet of storage per lane by an additional 85 feet of storage per lane with appropriate taper to provide a total storage length of 365 feet per lane via improvement plans and signing and striping plans; 3) Extension of the exclusive southbound right turn lane with 95 feet of storage by an additional 50 feet of storage with appropriate taper to provide a total storage length of 145 feet via improvement plans and signing and striping plans; and 4) Installation of audible countdown pedestrian heads for each pedestrian phase and upgrading the traffic controller to a 2070 controller including software update and communications equipment. d. At the intersection of Dennery Road/Red Fin Lane, the Applicant shall permit and bond the following per San Diego standards, satisfactory to San Diego’s City Engineer. All improvements shall be completed and operational prior to final inspection for the first building permit: 1) Extension of the exclusive eastbound left turn lane with 190 feet of storage by an additional 50 feet to provide a total storage length of 240 feet via improvement plans and signing and striping plans; and Page 738 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. 2024-XX Page 15 2) Upgrade of the existing bicycle loop detectors along Dennery Road and install Type E Modified front loops on all approaches via a traffic signal modification plan. e. The Applicant shall record an access easement in favor of all affected parcels within the Project Site, satisfactory to the City’s City Engineer. All improvements shall be completed and operational prior to final inspection for the first building permit. f. The Applicant shall pay the Active Transportation In Lieu fee to San Diego. g. The Applicant shall construct a secondary emergency-only access, as shown on Tentative Map (PCS21-0001), to the satisfaction of the City’s City Engineer and Fire Marshal. All improvements shall be completed and operational prior to final inspection for the first building permit. Fire 43. The Project shall comply with the CVMC, California Fire Code, National Fire Protection Association Standards, and Chula Vista Fire Department’s Fire Safety Engineering Standard Details and Requirements in effect at the time of permit application and plan submittal. 44. The Project shall comply with the approved Fire Protection Plan and all provisions set forth within the Fire Protection Plan. Landscape Architecture 45. No wall footings nor utilities shall be placed within the parkway of Private Street “A” in locations that would inhibit the ability to plant street trees at approximately equal spacing as depicted in the approved Landscape Concept Plan. This shall be documented on the Project’s grading and public improvement plans. 46. Prior to the second submittal of the building permit set, the Applicant shall submit a complete set of landscape improvement plans for review and approval by the Director of Development Services or their designee. Said plans shall conform to the following City documents including but not limited to: a. Landscape Water Conservation Ordinance (LWCO), CVMC Chapter 20.12 b. City of Chula Vista Landscape Manual c. City of Chula Vista Shade Tree Policy (576-19) 47. Prior to the final building inspection, in accordance with CVMC Chapter 17.10, as amended by City Council Ordinance Nos. 2010-3163 and 2014-3324, the Property Page 739 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CC Resolution No. 2024-XX Page 16 Owner shall pay the generated Parkland Acquisition and Development (“PAD”) fees for new dwelling units, in accordance with the City’s current Master Fee Schedule. 48. Prior to the final building inspection, the Property Owner shall have installed landscape improvements and have had said improvements inspected by City staff, per the approved landscape improvement plans, to the satisfaction of the Director of Development Services or their designee. Environmental Services 49. The Project shall comply with the City Recycling and Solid Waste Planning Manual (https://www.chulavistaca.gov/home/showdocument?id=5211) as well as CVMC Section 19.58.340, CVMC Chapter 8.24, and CVMC Chapter 8.25 for food waste/organics diversion, recycling, and trash requirements. Facilities Financing 50. If LAFCO does not approve annexation into San Diego, the Planned Facilities Financing Program (“PFFP”) shall be revised to determine whether there are impacts to City facilities or public services. IX. ANNEXATION AGREEMENT The City Council hereby approves the Annexation Agreement among the City, San Diego, and the Applicant for the Nakano Property (a copy of which is on file in the City Clerk’s office), finding it consistent with the California Government Code, adopted City policies, and the Chula Vista General Plan. X. TAX SHARING AGREEMENT The City Council hereby approves the Tax Sharing Agreement among the City and San Diego for the Nakano Property (a copy of which is on file in the City Clerk’s office), finding it consistent with the California Government Code, adopted City policies, and the Chula Vista General Plan. XI. REORGANIZATION; DETACHMENT; CITY SUPPORT The City Council hereby orders that the Nakano Specific Plan, EIR22-0001, MMRP, Findings of Fact, Statement of Overriding Considerations, Annexation Agreement, Tax Sharing Agreement, and all other associated and appropriate documents, be submitted to LAFCO for official adoption in furtherance of such reorganization action to detach the Nakano Property from the City and annex the same to San Diego, including such changes in the City’s sphere of influence affecting the property. Pursuant to the provisions of the Annexation Agreement, the City Council also irrevocably consents to the reorganization and will cooperate in every reasonable way with the Applicant and San Diego’s application to LAFCO related to the annexation of the Project Site into San Diego. Page 740 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. 2024-XX Page 17 Consistent with Section 4.1.3 of the Annexation Agreement, within ten (10) calendar days of the Effective Date of the Annexation Agreement (as defined in Section 1.2 of such Agreement), or as soon thereafter as practicable, the City of Chula Vista shall adopt a Resolution of Support for the City of San Diego’s Application with LAFCO for a Reorganization regarding the Nakano Project and Nakano Property. XII. CITY IMPLEMENTATION, ENFORCEMENT OF PROJECT CONDITIONS OF APPROVAL AND CVMC, AND DEFENSE OF PROJECT APPROVALS. The following ongoing conditions shall apply to the Project Site for as long as it relies upon this approval: 1. Approval of the Project shall not waive compliance with any provisions of the CVMC nor any other applicable City Ordinances in effect at the time of permit issuance. 2. The Property Owner and Applicant shall and do agree to fully and completely reimburse, indemnify, protect, defend (with counsel approved by the City in writing) and hold harmless the City, its City Council members, Planning Commission members, officers, employees, attorneys, and representatives, at its sole cost and with separate and independent counsel identified by the City, from and against any and all liabilities, judgments, losses, damages, demands, claims, and costs, including court costs and attorney’s fees (collectively, liabilities), (including any costs and expenses to prepare the administrative record for any challenge to the Project Entitlements and/or compiling a response to a California Public Records Act request(s) to provide the record of proceedings materials for the Project Entitlements), incurred by the City arising, directly or indirectly, from (a) the City’s approval of the Project, (b) the City’s actions on any environmental document concerning this Project, and (c) the City’s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use(s) contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated below. The Property Owner’s and Applicant’s compliance with this provision shall be binding on any and all of the Property Owner’s and Applicant’s successors and assigns. 3. All terms, covenants, and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns, and representatives of the Applicant as to any or all of the property. 4. The Applicant shall comply with all requirements and guidelines of the City General Plan, the CVMC, the Chula Vista Landscape Manual, the Chula Vista Subdivision Manual, the Chula Vista Design and Construction Standards, the Chula Vista Greenbelt Master Plan, and relevant Precise Plan(s), the any relevant Public Facilities Financing Plan(s) Air Quality Improvement Plan, the Chula Vista Page 741 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CC Resolution No. 2024-XX Page 18 Development Storm Water Manual, the Chula Vista Parks and Recreation Master Plan, the Water Conservation Ordinance, and applicable Chula Vista City Council policies, all as amended from time to time, unless specifically modified by the Director of Development Services, except as otherwise provided by the Annexation Agreement, as adopted, applicable to the Project Site. 5. If any of the terms, covenants, or conditions contained herein shall fail to occur timely, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right, in its sole discretion and notwithstanding any other provisions or holding of the law, to immediately stop or cease the inspection or issuance of any form or type of permits or certificates of occupancy relating to the Project; to revoke or modify all approvals herein granted, including issuance of building permits; to deny or further condition the subsequent approvals that are derived from the approvals herein granted; to institute and prosecute litigation to compel their compliance with said conditions; and/or to seek damages for their violation. The Applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 6. The Applicant shall comply with all applicable provisions of the Chula Vista General Plan and adopted Nakano Specific Plan, as may be amended from time to time, except as otherwise provided by the Annexation Agreement, as adopted, applicable to the Project Site. XIII. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90-day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this Resolution begins on the effective date of this Resolution and any such protest must be in a manner that complies with Government Code Section 66020(a). Failure to timely follow this procedure will bar any subsequent legal action to attack, set aside, void, or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the Project, and it does not apply to any fees, dedication, reservations, or other exactions that have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. XIV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood, and agreed to the conditions contained herein and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped Page 742 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. 2024-XX Page 19 copy returned to the City Clerk. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant’s desire that the Project and subsequent permit applications be held in abeyance without approval. ________________________________ _____________________ Allen Kashani Date for Tri Pointe Homes IE-SD, Inc. Applicant/Property Owner XV. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City’s Subdivision Manual, CVMC Chapter 18.12, and the requirements of the Zoning Ordinance. XVI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this Resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Attachments: 1. Statement of Overriding Considerations Page 743 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CC Resolution No. 2024-XX Page 20 Exhibits: A. Tentative Map PCS21-0001 Page 744 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda ORDINANCE NO. 2024- ORDINANCE OF THE CITY OF CHULA VISTA CHANGING THE ZONING FOR THE NAKANO PROPERTY WHEREAS the area of land that is the subject of this Ordinance is, for the purpose of general description, the 23.77 acres located south of the Otay River, north of Dennery Road, east of Interstate 805 (“I-805”), and west of the RiverEdge Terrace residential subdivision in the City of San Diego (“Nakano Property” or “Project Site”) (APN: 624-071-02); and WHEREAS Tri Pointe Homes (“Applicant” or “Property Owner”) wishes to develop the Nakano Property for residential use with infrastructure and public services provided by the City of San Diego (“San Diego”), thus requiring reorganization of the Project Site from the City of Chula Vista (“City”) into San Diego; and WHEREAS, on September 16, 2021, a duly verified application was filed with the City Development Services Department by the Applicant requesting approval of amendments to the Chula Vista General Plan (MPA21-0016) changing the land use designation of the Project Site from Open Space (“OS”) to Medium Residential (“RM”), adoption of the Nakano Specific Plan (MPA21-0017), and approval of a Tentative Map for the Nakano Project (PCS21-0001) (“Project”); and WHEREAS, on December 7, 2021, San Diego and the City entered into a Memorandum of Understanding (“MOU”) acknowledging that both have substantial claims to be the Lead Agency in the annexation process, that the City would serve as the Lead Agency since the Nakano Specific Plan will be processed within its jurisdiction, and San Diego would serve as a Responsible Agency; and WHEREAS the final decision on whether the Project Site will be annexed into San Diego will remain with the San Diego County Local Agency Formation Commission (“LAFCO”); and WHEREAS, should LAFCO decide not to allow for the Project Site to be annexed into San Diego, the City still has an interest in the entitlement of the property pursuant to the City’s development procedures, standards and goals; and WHEREAS the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project may have a significant effect on the environment and, therefore, requires the preparation of Environmental Impact Report (“EIR”) EIR22-0001; and WHEREAS City staff recommended that the Planning Commission adopt a Resolution recommending that the City Council approve a Zoning Change from Agricultural (A-8) to Residential Medium (R-3), allowing for the development of the Project Site in accordance with the Nakano Specific Plan; and Page 745 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. 2024- Page 2 of 4 WHEREAS the Director of Development Services set the time and place for a hearing before the Planning Commission to consider the staff recommendation, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for the Project, the hearing on the Project was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 4-1 to recommend to the City Council approval of the subject Zoning Change; and WHEREAS the City Clerk set the time and place for a hearing on the Project, including a Zoning Change from Agricultural (A-8) to Residential Medium (R-3), and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for the Project, a duly noticed public hearing was held before the City Council to consider the Project, including a Zoning Change from Agricultural (A-8) to Residential Medium (R-3). NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission during its October 9, 2024, public hearing on the Project and the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings. II. COMPLIANCE WITH CEQA Immediately prior to this action, the City Council reviewed, considered, approved, and certified EIR22-0001 with a Statement of Overriding Considerations regarding the Project. III. GENERAL PLAN AMENDMENT The City Council hereby approves the amendment of the Chula Vista General Plan to reflect a change in the land use designation for the Project Site from Open Space (“OS”) to Medium Residential (“RM”). Page 746 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. 2024- Page 3 of 4 IV. ACTION The City Council hereby adopts an Ordinance approving the Zoning Change for the Nakano Property to allow a change from Agricultural (A-8) to Residential Medium (R-3). The City Council also finds the zoning change consistent with the California Government Code, adopted City policies, and the General Plan as amended. V. 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 mo re other sections, sentences, clauses, or phrases of the Ordinance be declared invalid, unenforceable, or unconstitutional. VI. 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. VII. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VIII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Page 747 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. 2024- Page 4 of 4 Presented by: Approved as to form by: Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 748 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Nakano Project City Council Item 7.1 December 3, 2024 Page 749 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2VICINITY MAP City of San Diego Palm Avenue City of San Diego City of Chula Vista City of Chula Vista Main Street N PROJECT SITE Page 750 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3LAND USE Palm Avenue Medical Multifamily ResidentialOpen Space (OVRP) Open Space (OVRP) Single-family Residential Single-family Residential PROJECT SITE Residential Commercial Main Street N Page 751 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4PROJECT SITE –EXISTING CONDITIONS Project Site N Page 752 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 5NAKANO PROJECT Single-Family Homes Legend –Site Plan Townhomes Duplex Twin Homes Park Areas Exclusive Use Areas 1 Main Entrance Road 1 2 Emergency Exit Road 2 3 Trail to Otay Valley Regional Park 3 N Page 753 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 6REQUIRED ACTIONS Certification of EIR22-0001 General Plan Amendment Nakano Specific Plan Nakano Tentative Map Interlocal Agreements Page 754 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 7 EIR22-0001 identifies project objectives, project alternatives, significant effects to the environment, and responsive mitigation measures. Objectives: •Develop underutilized property to provide housing of varying types in response to regional housing needs. •Provide efficient public services through reorganization (annexation) into the City of San Diego. •Provide access to regional recreational uses by connecting to the Otay Valley Regional Park (OVRP). ENVIRONMENTAL REVIEW Page 755 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 8ENVIRONMENTAL REVIEW Project Scenarios Scenario 1: No annexation Scenario 2a: Development after annexation into San Diego •Entitled in Chula Vista •Grading and development permits issued by San Diego Scenario 2b: Development before annexation into San Diego •Entitled in Chula Vista •Grading and development permits issued by Chula Vista Page 756 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 9ENVIRONMENTAL REVIEW Significant Environmental Impacts •Land Use and Planning •Biological Resources •Geological and Paleontological Resources •Greenhouse Gas Emissions •Health and Safety/Hazardous Materials •Historical Resources •Transportation •Tribal Cultural Resources •Hydrology and Water Quality Page 757 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 10 ENVIRONMENTAL REVIEW CEQA Guidelines Section 15093: Statement of Overriding Considerations Although the project as proposed would result in significant and unavoidable impacts in the aforementioned areas, benefits to the public that would override such impacts include: •Public service efficiencies •Creation and maintenance of regional recreational amenities •Biological resource preservation •Regional/statewide housing production Page 758 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 11ANNEXATION AGREEMENT Based on a Memorandum of Understanding approved December 7, 2021 CEQA Compliance: •One environmental document for the project, though two jurisdictions have a substantial claim to be the Lead Agency Local Agency Formation Commission (LAFCO) Application: •City of San Diego will serve as Applicant •City of Chula Vista will support through resolution •Applicant will submit a landowner consent form Chula Vista will process entitlements, and San Diego will process development permits and record the Final Map after annexation. Page 759 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 12PROPERTY TAX EXCHANGE AGREEMENT Required by Section 99 of the California Revenue and Taxation Code •Chula Vista will receive all property tax revenues generated by the project site before the annexation date set by LAFCO •San Diego will receive all property tax revenues generated by the project site after the annexation date set by LAFCO Page 760 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 13PUBLIC PARTICIPATION December 14, 2023 OVRP Citizens’ Advisory Committee (City and County of San Diego, City of Chula Vista) recommends approval March 20, 2024 Otay Mesa Community Planning Group (City of San Diego) recommends approval April 26, 2024 –June 26, 2024 Draft EIR circulated for public review and comment Page 761 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 14PLANNING COMMISSION October 9, 2024 Voted 4-1 to recommend approval Discussion about City benefit from annexation and whether alternatives to annexation had been considered Page 762 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RECOMMENDATIONS A)Adopt a resolution: 1.Certifying EIR22-0001 2.Approving the project under Annexation Scenario 2a of EIR22-0001 i.Amending the General Plan changing the land use designation from Open Space (OS) to Medium Residential (RM) ii.Approving the Nakano Specific Plan iii.Approving Tentative Map PCS21-0001 iv.Approving the Annexation Agreement v.Approving the Property Tax Exchange Agreement vi.Supporting the reorganization of the Nakano Property into San Diego B)Place a zone change ordinance on first reading Page 763 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 0 5 P a g e | 1 December 3, 2024 ITEM TITLE Grant Application and Appropriation: Authorize Submittal of a State of California Permanent Local Housing Allocation (PLHA) Grant Application, Approve an Amended Plan, and Appropriate Funds Report Number: 24-0299 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Conduct the public hearing and adopt resolutions: A) Authorizing the 2024 annual application for funds of the Permanent Local Housing Allocation (PLHA) grant from the State of California Department of Housing and Community Development (HCD) and approving an amended five-year Plan to comply with new program requirements; and B) Authorizing the acceptance and appropriation of PLHA Program Grant Funds. (4/5 Vote Required) SUMMARY In February 2020, the California Department of Housing and Community Development (HCD) issued a Notice of Funding Availability under the Permanent Local Housing Allocation (PLHA) Grant Program. As an entitlement jurisdiction, the City of Chula Vista applied for the funds in July 2020 and submitted an initial Plan for use of the funds. The PLHA Grant Program requires annual application and additionally requires that the City’s Plan be amended (the “Plan Amendment”) if funding priorities change. This action requests approval of the Plan Amendment, authorization to apply for the 2024 fund allocation of $696,170, and acceptance and appropriation of funds once received. Page 764 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 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 State CEQA Guidelines. Thus, no environmental review is required. Although environmental review is not required at this time, once the scope of potential project(s) has been defined, environmental review will be required for each project and the appropriate environmental determination will be made. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Senate Bill 2 Planning Grants Program (SB 2) was passed by California Legislature in 2017 establishing a permanent source of funding to increase affordable housing in California. This program is funded by certain real estate transactions and estimated to generate between $250 and $300 million annually to be distributed among local jurisdictions throughout the State. The City of Chula Vista is an entitlement jurisdiction and is therefore allocated a certain percentage of funding from the program per year, with an estimated 5-year allotment of $6,356,898. In 2020, the State required that the City apply and provide a plan for how the funds would be spent (the “Plan”). City submitted an initial application in July 2020 and subsequently submitted an amended Plan for how the funds would be spent. In accordance with the program requirements, the City is required to submit an additional streamlined application in each of the remaining five years for funds allocated in previous years. The City’s 2024 streamlined application requesting additional PLHA fund year allocations is attached as Attachment 1. The amount ultimately awarded to City for each allocation year depends on the amount of State funds available. To date, the City has been awarded funding in the amount of $5,426,749 from the 2019, 2020, 2021 and 2022 fund allocations. The initial Plan submitted by City to HCD in July 2020 outlined the City’s intent to use the funds for 3 different activities: 1) Bridge Shelter Operations; 2) Permanent Supportive Housing development; and 3) Accessory Dwelling Unit financing for Chula Vista homeowners. These funding priorities were identified through public participation for the City’s Housing Element 2021-2029 goals. The City was then able to identify alternative funding methods for activities 2 and 3 through the HOME American Rescue Plan and San Diego Association of Governments Housing Acceleration Program funds. As a result of these changes, staff determined that it would be appropriate to amend the City’s initial Plan to allow for the allocation of the full PLHA Grant award amount for activities related to emergency and transitional shelter operations and associated wrap-around services in pursuit of placing unsheltered individuals and families into permanent housing. Thus, the second amendment of the Plan outlined for funds to only be used for Homelessness related activities for all five award years. Page 765 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 3 Since then, the City has been notified through the 2024 NOFA released on October 15, 2024 that every allocation moving forward must have 40% of funds (approximately $264,545) designated for Affordable Owner-Occupied Workforce Housing (AOWH). There are specific activities that are eligible to meet this criteria, which include: 1. Predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120% AMI, or 150% AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. 2. Matching portions of funds placed into Local or Regional Housing Trust Funds. 3. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. 4. Accessibility modifications in lower-income owner-occupied housing. 5. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. After review of the requirements and restrictions of the eligible activities, the allocated amount for 2024, and in an effort to bridge gaps in services provided, staff is developing a program which provides accessibility modifications for lower-income owner-occupied housing. Working in partnership with the current Community Housing Improvement Program (CHIP) which provides a loan for housing quality standards repairs, homeowners would be able to receive a grant up to a specified amount to make necessary accessibility modifications to their homes. These modifications may include, but are not limited to mobility ramps, widening of doorways and hallways, handrails, grab bars, replacing doorknobs with lever handles, kitchen modifications to lower cabinets and countertops, etc. Not only would this provide a much needed and often costly service, but it will also improve the quality of life of many Chula Vista residents. This program also helps the City get one step closer to a goal outlined in the Age-Friendly Action Plan which plans for a home audit program to provide resources and education to promote “Aging in Place.” By giving grants to homeowners to make necessary accessibility modifications to their homes, we are allowing residents to enjoy a healthier lifestyle and keeps Chula Vista residents in Chula Vista. This program will ease the burden of identifying a way to finance costly services and it is expected to assist at least 13 households with the 2023 funding allocation. The Plan Amendment, Attachment 2, now outlines funds to be used as follows: Plan Amendment Funding Allocation by Year Activities & Funding Commitment 2019 2020 2021 2022 2023 Emergency Shelter 100% Emergency Shelter 100% Emergency Shelter 100% Emergency Shelter 100% Emergency Shelter 60% AOWH 40% This report is being presented in a public hearing which takes place in the middle of a public comment period. The public hearing was publicly noticed in compliance with Section 302(c)(5) of the Permanent Local Housing Allocation Final Guidelines. Given the State’s guidance that future allocations will be required to Page 766 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 4 provide AOWH activities, staff will evaluate the effectiveness of this program and based on future allocation amounts, may propose a different eligible activity in the future. Approval of proposed Resolution A authorizes the 2024 annual application for funds of the Permanent Local Housing Allocation (PLHA) grant from the State of California Department of Housing and Community Development (HCD) and approves a Plan Amendment that complies with new PLHA program requirements. Approval of proposed Resolution B authorizes the acceptance and appropriation of PLHA Program Grant Funds. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact to the General Fund as a result of accepting this grant as funding for this project will come from HCD and will completely offset the project costs. ONGOING FISCAL IMPACT The PLHA Grant will be used to continue funding operations and wrap-around services for emergency housing and for an accessibility modification grant program. Additionally, if the application is successful, these funds may provide program administration costs of up to five percent. This allowable administration allocation provides funding for City staff costs that are needed to carry out the proposed activities. The total 5-year allocation will be $6,122,919, as identified below. This action further authorizes the acceptance and appropriation of the 2023 allocation. 5-Year PLHA Allocation Allocation Year Amount 2019 $1,059,483 2020 $1,646,765 2021 $1,812,214 2022 $908,287 2023 $696,170 TOTAL $6,122,919 ATTACHMENTS 1. PLHA 2024 Annual Streamlined Application 2. Amended PLHA 2019-2023 Allocation Plan Staff Contact: Stacey Kurz, Director of Housing and Homeless Services Dania Gonzalez, Principal Management Analyst Page 767 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND AMENDING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM WHEREAS, the Department is authorized to provide up to $296 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq.(Chapter 364, Statutes of 2017 (SB 2)); and WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability(“NOFA”) dated 10/15/2024 under the Permanent Local Housing Allocation Program (“PLHA Program”); and WHEREAS, the City of Chula Vista is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; and WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, PLHA Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that if the City of Chula Vista receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City of Chula Vista is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA $6,356,898 in accordance with all applicable rules and laws. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City of Chula Vista hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all PLHA Program requirements, Guidelines, other rules, and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that pursuant to Sections 302(c)(4) and 302(c)(5) of the Guidelines, the City of Chula Vista’s PLHA Plan Amendment for the 2020-2023 Allocations is attached to this resolution as Exhibit 1, and Page 768 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. Page 2 the City of Chula Vista hereby adopts this PLHA Plan Amendment and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that pursuant to the City of Chula Vista’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City of Chula Vista shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Manager is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents that are related to the PLHA Program, PLHA Program Application, or the PLHA grant awarded to Applicant, as the Department may deem appropriate. Presented by Approved as to form by Stacey Kurz Marco A. Verdugo Housing and Homeless Services City Attorney Page 769 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, AMENDING THE FISCAL YEAR 2024-25 BUDGET, AND APPROPRIATING FUNDS THEREFOR WHEREAS, the State of California Department of Housing and Community Development (“Department”) is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated 12/29/2023 and amended 10/15/2024 under the Permanent Local Housing Allocation (“PLHA”) Program; and WHEREAS, the City of Chula Vista is an eligible Local government who has applied for program funds to administer one or more eligible activities; and WHEREAS, the Department may approve funding allocations for PLHA Program (“Program”), subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts $696,170.00 from the State of California Department of Housing and Community Development and amends the fiscal year 2024/25 budget by appropriating $661,361.00 to the Supplies and Services category and $34,809.00 to the Personnel Services category of the State Grants Fund. BE IT FURTHER RESOLVED, that the City Manager, or designee, is authorized to enter into and execute an agreement with the State of California Department of Housing and Community Development, any amendments, extensions, or renewals of the agreement, and any and all documents necessary and appropriate to implement this resolution. BE IT FURTHER RESOLVED, that the City Manager, or designee, is authorized to take all necessary action to administer, monitor, manage, and ensure compliance with the Program, and further to enter into and execute contracts with third parties to implement the Program or use Program funds, as appropriate. Page 770 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. Page 2 Presented by Approved as to form by _________________________________ _________________________________ Stacey Kurz Marco A. Verdugo Housing and Homeless Services City Attorney Page 771 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Allocation Years New & Streamlined Submission Deadline 5-Year Plan Amendment Submission Deadline Year 1 (2019) n/a n/a Year 2 (2020) n/a n/a Year 3 (2021)02/28/2025 06/30/2025 Year 4 (2022)02/28/2026 06/30/2026 Year 5 (2023)02/28/2027 06/30/2027 Business, Consumer Services and Housing Agency Permanent Local Housing Allocation (PLHA) Formula Allocation Notice of Funding Availability (NOFA) October 15, 2024 2024 Application for Previous Awardees State of California Gavin Newsom, Governor Website: Permanent Local Housing Allocation Program (PLHA) Tomiquia Moss, Secretary Department of Housing and Community Development Gustavo Velasquez, Director Program Design and Implementation, PLHA Program 651 Bannon Street, Sacramento, CA 95811 Email: PLHA@hcd.ca.gov Page 772 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda End of Document Page 773 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Threshold items are indicated in "blue" cells. Sponsor must complete the following worksheets in the PLHA Formula Allocation Application. Formula Allocation Application "Red" shaded cells indicate the Sponsor has failed to meet a requirement of the program. Cells in the worksheet shaded in "red" indicate that the Applicant has failed to meet the minimum required. Urban County Checklist IncludedX Application and Adopting the PLHA Plan (2021-2023 Allocations) Reso Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2021-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines. Document DescriptionElectronic File Name Disclosure of Application (California Public Records Act Statutes of 1968 Chapter 1473): Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act Statutes of 1968 Chapter 1473. As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank accounts, personal phone numbers and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request." Included? Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and 'save as' .xls or .xlsx. Do not 'save as' .xlsm or .pdf format. For application errors please fill out the Application Support worksheet and email the entire workbook to Application Support for application errors at PLHA@hcd.ca.gov. General Instructions (Additional instructions and guidance are given throughout the Formula Allocation Application in "red" text and in cell comments. Guideline references are made with "§" and the corresponding guideline section number. "Yellow" cells are for Sponsor input. Failure to provide the required attachments and documentation may disqualify your application from consideration. An Applicant must submit a complete application and other documents consistent with the deadlines stated in this NOFA. Applications submitted in response to this NOFA must meet the threshold requirements set forth in this section and in PLHA Guidelines Section 302. Required attachments are indicated in "orange" throughout the Streamline Application. Failure to provide the required attachments and documentation may disqualify your application from consideration. Electronically attached files must use the naming convention in the PLHA Application. For Example: "App1 Tin" or "Reuse Plan". Instructions Rev. 10/10/24 When opening this file, a yellow banner at the top may appear with a button that says "Enable Content". It is essential that you click this box so that the macros are enabled. Enabling macros is necessary for full worksheet functionality. Macros do not work with Microsoft's Excel version for Apple Mac. This NOFA will remain open to eligible applicants through June 30, 2027. Applications must be submitted electronically to the Department’s HCD Portal Sign In website. To receive an award of CY 2021 funds, applicants are required to submit an application and demonstrate a fully compliant Housing Element and submittal of the applicable Annual Progress Report(s) no later than February 28, 2025. All CY 2021 funds must be awarded by June 30, 2025 or they will revert to the Housing Rehabilitation Loan Fund per statute. Not Applicable Included §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. PLHA webpage for Plan Adoption Resolution Document , located under our Forms tab. If you are not amending your plan with this application this should be the last resolution executed. If you are amending you plan with this application you must submit a new resolution that was executed adopting the new plan. Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301. Provide a copy of the signed application. Signature can be typed into the Excel workbook, PDF with Docusigned signature or PDF with wet ink signature in blue ink preferred. Included Threshold Requireme X Reuse Plan X Executed Application X App1 TIN X Plan Adoption Reso Included X Applicant Delegation Agreement Legally binding agreement between Delegating and Administering Local Governments.Not Applicable Provide a signed Gov't TIN Form PLHA Page 3 Instructions & ChecklistPage 774 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda No Yes Yes End of Document ***Please note the following changes were made in the Amended NOFA*** All Applicants requesting funds must submit a plan amendment with this application if 40% of each allocation being requested is NOT already allocated to an ownership activity. All Applicants requesting an amendment to the 5-Year Plan with this application must redirect 40% of each allocation towards a homeownership Activity. Ownership activities are 2,3,4,7,8,9 (activities 2,3,4, & 8 will only count as ownership if the funds will go towards ownership sub activities as opposed to rental housing sub activities including ADU's) $45,414 Chula Vista 2021 PLHA Formula Allocation Amount:n/a §300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments. Applicant: City of Chula Vista Which Allocation(s) are you applying for with this application?2023 Only n/a $908,287 $696,170 Allowable Local Admin (5%): Allowable Local Admin (5%): Allowable Local Admin (5%): Admin requested? Eligible Applicant Type: Entitlement Local Government Recipient of PLHA Formula Allocation: Admin requested? Admin requested?2023 PLHA Formula Allocation Amount:$34,809 2022 PLHA Formula Allocation Amount: §302(c)(5) Is the applicant submitting a plan amendment with this application? (If you wish to or are required to reallocate more than 10 percent of funds among Activities from the previously approved 5-Year Plan included in the PLHA program Standard Agreement, Exhibit E you must submit an updated plan and resolution approving the new plan) 40% of each allocation being changed must go towards an ownership activity. Yes CA dgonzalez@chulavistaca.gov Maria Kachadoorian City: Address: County: Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to another Local Government in any prior round, the Applicant (for which information is required below) continues to be the administering Local Government, which received the award. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement. §300 Eligible Applicants 276 Fourth Ave §503(b) Applicant certifies that they are in compliance with the State Grants Management Section and are current with any required PLHA Annual Reporting Requirements.Yes Zip Code: 276 Fourth AveAddress: Dania Gonzalez CA City:91910 Yes §302(a) Housing Element compliance: Applicant and Delegating Local Government's if applicable Housing Element was adopted by the Local Government’s governing body by the application submittal date and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585. Chula Vista Yes Contact Name: Address: Local Government Formula Allocation for Returning Applicants Rev. 10/10/24 This streamlined application form is limited to Applicants who applied for and received an award under one or more of the previous Formula Allocation NOFA's (2020, 2021, 2022, or 2023). Yes If a reallocation of more than 10 percent of funds was made (and Applicant is amending their plan with this application) Applicant has attached an amended Plan and resolution that has been discussed and approved at a publicly-noticed meeting of the governing body. CA Zip:91910 San Diego State: §302(c)(2) Applicant certifies that submission of the application was authorized by the governing board of the Applicant. §302 Threshold Requirements Title: 91910 §302(b) Applicant or Delegating Local Government has submitted the Annual Progress Report(s) to the Department of Housing and Community Development pursuant to Government Code Section 65400 for the allocations being requested.Yes Did Applicant receive an award under one or more of the previous NOFA's? (2020, 2021, 2022 or 2023) Title:Principal Management Analyst State: Contact Email: City Manager 276 Fourth Ave (619) 407-3575 Date Certifications Maria Kachadoorian Authorized Representative Printed Name Title On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block. Signature §302(c)(8) If a program income reuse plan was not submitted with the 2020 application, has Applicant attached a program income reuse plan describing how repaid loans and/or accrued interest will be reused for eligible activities specified in Section 301? File Name:Application and Plan Adoption Reso Chula Vista Auth Rep. Email: Phone: Yes File Name:Reuse Plan Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301.Uploaded to HCD? Auth Rep Name: N/A N/A §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. PLHA webpage for Application and Plan Adoption Resolution Document Uploaded to HCD? Contact Phone: Chula VistaCity: Yes Zip Code:State: PLHA Page 4 Formula Allocation Application Page 775 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Rev. 10/10/24 List the cities that are part of your Urban County. Are they opting in to receive a portion of the PLHA award? List the amount of the allocation being applied for that will be shared with this city. EXAMPLE: City of Trees Yes $20,000.00 If you are an Urban County, please complete the following table if you are planning on sharing your allocation with cities within your jurisdiction who do not have their own PLHA allocation: URBAN COUNTY Page 776 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda End of Document Page 777 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda End of Document Organization: Email: Contact Phone: Application Development Team (ADT) Support Form Rev. 10/10/24 Please complete the "yellow" cells in the form below and email a copy to: PLHA@hcd.ca.gov. A member of the Application Development Team will respond to your request within ASAP. Full Name: Date Requested: Application Version Date: Justification: Issue #Program Name & Tab Section Cell# Update/Comment Urgency ADT Status Status Date 2 PLHA Supp App 1 PLHA Supp App 3 PLHA Supp App 4 PLHA Supp App 6 PLHA Supp App 5 PLHA Supp App 7 PLHA Supp App 8 PLHA Supp App 10 PLHA Supp App 9 PLHA Supp App 11 PLHA Supp App 12 PLHA Supp App 14 PLHA Supp App 13 PLHA Supp App 15 PLHA Supp App 16 PLHA Supp App 18 PLHA Supp App 17 PLHA Supp App 19 PLHA Supp App 20 PLHA Supp App 22 PLHA Supp App 21 PLHA Supp App 23 PLHA Supp App 24 PLHA Supp App 25 PLHA Supp App PLHA Page 7 Application SupportPage 778 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Allocation Years New & Streamlined Submission Deadline 5-Year Plan Amendment Submission Deadline Year 1 (2019) n/a n/a Year 2 (2020) n/a n/a Year 3 (2021)02/28/2025 06/30/2025 Year 4 (2022)02/28/2026 06/30/2026 Year 5 (2023)02/28/2027 06/30/2027 Website: Permanent Local Housing Allocation Program (PLHA) Tomiquia Moss, Secretary Department of Housing and Community Development Gustavo Velasquez, Director Program Design and Implementation, PLHA Program 651 Bannon Street, Sacramento, CA 95811 Email: PLHA@hcd.ca.gov Business, Consumer Services and Housing Agency Permanent Local Housing Allocation (PLHA) Formula Allocation Notice of Funding Availability (NOFA) October 15, 2024 2024 Application for 5-Year Plan Amendment State of California Gavin Newsom, Governor Page 779 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda End of Document Page 780 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Disclosure of Application (California Public Records Act Statutes of 1968 Chapter 1473): Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act Statutes of 1968 Chapter 1473. As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank accounts, personal phone numbers and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request." X Reuse Plan Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301. Not Applicable X Executed Application Provide a copy of the signed application. Signature can be typed into the Excel workbook, PDF with Docusigned signature or PDF with wet ink signature in blue ink preferred.Included X Applicant Delegation Agreement Legally binding agreement between Delegating and Administering Local Governments.Not Applicable X Plan Adoption Reso §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content. PLHA webpage for Plan Adoption Resolution Document , located under our Forms tab. Included X Application and Adopting the PLHA Plan (2021-2023 Allocations) Reso Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2021-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines. Included X App1 TIN Provide a signed Gov't TIN Form Included Threshold Requireme Electronic File Name Document Description Included? General Instructions (Additional instructions and guidance are given throughout the Formula Allocation Application in "red" text and in cell comments. Guideline references are made with "§" and the corresponding guideline section number. "Yellow" cells are for Sponsor input. Failure to provide the required attachments and documentation may disqualify your application from consideration. An Applicant must submit a complete application and other documents consistent with the deadlines stated in this NOFA. Applications submitted in response to this NOFA must meet the threshold requirements set forth in this section and in PLHA Guidelines Section 302. Required attachments are indicated in "orange" throughout the Streamline Application. Failure to provide the required attachments and documentation may disqualify your application from consideration. Electronically attached files must use the naming convention in the PLHA Application. For Example: "App1 Tin" or "Reuse Plan". Threshold items are indicated in "blue" cells. "Red" shaded cells indicate the Sponsor has failed to meet a requirement of the program. Cells in the worksheet shaded in "red" indicate that the Applicant has failed to meet the minimum required. Sponsor must complete the following worksheets in the PLHA Formula Allocation Application. Formula Allocation Application Urban County Checklist Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and 'save as' .xls or .xlsx. Do not 'save as' .xlsm or .pdf format. For application errors please fill out the Application Support worksheet and email the entire workbook to Application Support for application errors at PLHA@hcd.ca.gov. Instructions Rev. 10/10/24 When opening this file, a yellow banner at the top may appear with a button that says "Enable Content". It is essential that you click this box so that the macros are enabled. Enabling macros is necessary for full worksheet functionality. Macros do not work with Microsoft's Excel version for Apple Mac. Applications must be submitted electronically to the Department’s HCD Portal Sign In website. To receive an award of CY 2021 funds, applicants are required to submit an application and demonstrate a fully compliant Housing Element and submittal of the applicable Annual Progress Report(s) no later than February 28, 2025. All CY 2021 funds must be awarded by June 30, 2025 or they will revert to the Housing Rehabilitation Loan Fund per statute. This NOFA will remain open to eligible applicants through June 30, 2027. PLHA Page 3 Instructions & ChecklistPage 781 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.No §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.No §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing.No §301(a) Eligible activities are limited to the following:Select below: §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies.No §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. No §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance.No §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. Yes §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing.Yes §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.No File Name:Gov TIN Provide a signed Gov't TIN Form Uploaded to HCD? Yes File Name:Applicant Delegation Agreement Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 19, column AH)Uploaded to HCD? N/A File Name: Application and/or Adopting the PLHA Plan (2020-2023 Allocations) Reso Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2020-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines. Yes Uploaded to HCD?Yes Zip Code: 91910 §300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds?No §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300(c) and (d)? A sample agreement can be found by double clicking on the icon to the right N/A Address:276 Fourth Ave City:Chula Vista State:CA Zip Code: 91910 Contact Name: Dania Gonzalez Title: Principal Management Analyst Contact Email: dgonzalez@chulavistaca.gov Contact Phone:(619) 407-3575 Address:276 Fourth Ave City:Chula Vista State:CA County: San Diego Auth Rep Name: Maria Kachadoorian Title: City Manager Auth Rep. Email: mkachadoorian@chulavistaca.gov Phone:619-691-5263 City: Chula Vista State: CA Zip: 91910 No Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to a Local Housing Trust Fund or to another Local Government, the Applicant (for which information is required below) is the Local Housing Trust Fund or administering Local Government. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement. The 302(c)(4) Plan template worksheet requires first choosing one or more of the Eligible Activities listed below. If "Yes" is clicked, the 302(c)(4) Plan worksheet opens a series of questions about what precise activities are planned. Some specific activities, such as providing downpayment assistance to lower-income households for acquisition of an affordable home, could be included under either Activity 2 or 9. Please only choose one of those Activities; don't list the downpayment assistance under both Activities. Please note that 40% of each allocation you are requesting to amend with this application MUST be allocated to an activity that supports Homeownership in accordance with the NOFA. Ownership activities are 2,3,4,7,8,9 (activities 2,3,4, & 8 will only count as ownership if the funds will go towards ownership sub activities as opposed to rental housing sub activities including ADU's) If the PLHA funds are used for the same Activity but for different Area Median Income (AMI) level, select the highest AMI level the Activity will serve (you can always go lower than what is listed but you may not serve higher than what is listed without completing a plan amendment in the future). For each year (2021-2023), allocations must equal 100% annually including the allowable administrative costs of up to 5%. §300 Eligible Applicants §300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments. Applicant: City of Chula Vista Address: 276 Fourth Ave 2023 PLHA Formula Allocation Amount:n/a 2022 Allowable Local Admin (5%):n/a Admin requested?No §301 Eligible Activities PLHA Formula - Amendment for years 2021, 2022, 2023 Rev. 10/10/24 Eligible Applicant Type: Entitlement Local Government Recipient of PLHA Formula Allocation: Chula Vista 2022 PLHA Formula Allocation Amount:n/a 2021 Allowable Local Admin (5%):n/a Admin requested?No 2021 PLHA Formula Allocation Amount:n/a 2020 Allowable Local Admin (5%):n/a Admin requested? Document PLHA Page 4 Formula Allocation Application Page 782 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. No PLHA Page 5 Formula Allocation Application Page 783 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda §302(c)(4)(E)(ii) Unmet share of the RHNA at the AMI Level Note: complete for years 2021, 2022, 2023 only 1346 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. The homeless bridge shelter was completed in May 2023 and has since provided 8,442 bed nights with 66 clients currently enrolled. Clients are provided with restroom, shower, laundry, and meals as well as case management and housing navigation services. In September 2024, the shelter operator held various skill-building seminars for the residents at the shelter with success seen in the resume-building workship as 3 clients gained employment in that month alone. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. Type of Affordable Housing Activity Accessibility modifications in Lower-income Owner- Occupied Housing Funding Allocation Year 2023 §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. Type of Affordable Housing Activity Operating and Capital Costs for Emergency Shelters Funding Allocation Year 2023 §302(c)(4) Plan Rev.10/10/2024 §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities. The City of Chula Vista is proposing 60% of its PLHA funding towards housing opportunities for those earning up to 30 percent of the San Diego County Area Median Income (AMI) through funding of a minimum 65 bed Bridge Shelter as well as associated wrap-around services for homeless persons. Chula Vista will continue to seek funding for these activities to leverage and make the most efficient and effective use of various funding sources that may be available at a given time. Use of PLHA funds for this unmet housing need through beds in a Bridge Shelter is consistent with the City’s 2013-2021 Certified Housing Element. Additionally, the City is proposing to use 40% of funds towards an accessibility modification program (mobility ramps, widening of doorways and hallways, handrails, grab bars, replacing doorknobs with lever handles, kitchen modifications to lower cabinets and countertops, etc.), consistent with the new AOWH requirements to serve low-income homeowners. While the program may assist with households up to 150% of the area median income as San Diego County is a high-cost area, priority will be given to low-income homeowners with a priority to those areas identified in the 2021-2029 Housing Element as disadvantaged. It is the City's goal to extend these resources through grants to households who may be in need of accessibility modifications so that they may age in place and have a good quality of life. The program will be leveraged and supplement the City's existing rehabilitation loan program which focuses on health and safety improvements as further discussed below. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI). PLHA funding will be allocated to 1. Homeless shelter operations seeking to benefit households that are homeless with household incomes at or less than 30% of the Area Median Income services and, as such, serving the homeless meets the requirement to prioritize investments that increase the supply of housing for households with incomes at or below 60% AMI; and 2. accesibility modifications for households earning 80% or below, with priorities given to households earning 60% of the AMI or below. The City has experience in leveraging HOME funds and Housing Successor funds to support acquisition and rehabilitation and new construction projects serving households at 30% to 60% AMI that have been funded with tax credits, Multifamily Housing Revenue bonds, State Multifamily Housing funds and other state and county funds. This existing plan will be utilized for administering PLHA funds as well. The City and its Housing Authority proposes to combine its available CDBG, ESG, HOME and remaining Housing Successor funds with PLHA funds to maximize the services and beds available. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element. As outlined within Chula Vista's 2021-2029 Housing Element, Housing Policy 2.16 specifically calls for the City to "Encourage sufficient short and long-term supportive housing and facilities for people experiencing homelessness throughout the City, especially sites that are co- located with support services for health, mental health, and workforce development and that are located near transit." With over 650 homeless persons within Chula Vista as of the 2024 Point in Time Count and 77% of those being unsheltered and as further detailed within the Housing Element there is a significant gap of the number of unsheltered within the community and the beds available for the general population of homeless. Of the policies and programs in Chula Vista's Housing Element, Program 1.2 states that the City will "continue implementation of the City’s Community Housing Improvement Program (CHIP), which provides favorable loans to low-income homeowners to fund improvements to correct unsafe, unsanitary, or illegal housing conditions, reduce barriers to accessibility, and improve energy efficiency, water conservation, and lead-based paint abatement." While this is a loan program, these funds can be leveraged to meet other needs that an accessibility modification grant might not and work together to meet the needs of the whole household, and not limit the repairs to what can be afforded at the time. Activities Detail (Activities Detail (Must make a selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. Funding will be allocated to support the operations of the homeless bridge shelter and/or other emergency housing and wrap-around supportive services, which may include case management, street outreach, housing navigation, meals, laundry, bathroom/shower and laundry facilities as well as coordinated service linkages. Improvements include the installation of water, sewer, electrical, grading and foundation. For the remainder of the years, funding will be allocated to support the operations of the homeless bridge shelter wrap-around supportive services with include case management, housing navigation, meals, laundry, bathroom/shower and laundry facilities as well as coordinated service linkages. Complete the table below for each proposed Activity to be funded with 2021-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the highest AMI to be served. §302(c)(4)(E)(ii) Area Median Income Level Served 30%TOTAL §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 60% 1346 §302(c)(4)(E)(ii) Projected Number of Households Served 65 65 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) N/A §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. Working in partnership with the current Community Housing Improvement Program which provides a loan for housing quality standards repairs, homeowners will now be able to apply to receive a grant up to $20,000 to make necessary accessibility modifications to their homes. These modifications may include, but are not limited to mobility ramps, widening of doorways and hallways, handrails, grab bars, replacing doorknobs with lever handles, kitchen modifications to lower cabinets and countertops, etc. Not only would this provide a much needed and often costly service, but it will also improve the quality of life of many Chula Vista residents. Low-income homeowners will apply for this program, go through the eligibility process, identify an eligible contractor, and the City would issue funds to the contractor directly. This grant program would require homeowners to reside in the home for 2 years following the modifications. Complete the table below for each proposed Activity to be funded with 2021-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the highest AMI to be served. §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 40% §302(c)(4)(E)(ii) Area Median Income Level Served 80%TOTAL What Percentage of the Percentage Above Will be Used for Ownership Housing?40% §302(c)(4)(E)(ii) Unmet share of the RHNA at the AMI Level Note: complete for years 2021, 2022, 2023 only 1378 1378 §302(c)(4)(E)(ii) Projected Number of Households Served 13 13 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity N/A §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. It is the City's goal, that if the plan amendment is approved, the implementation of this program can begin in January 2024. File Name:Plan Adoption Reso §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content.Uploaded to HCD? Yes Total Percentage of Funds Allocated Calculator (2021 - 2023) 2021 Allocation 2022 Allocation 2023 Allocation PLHA Page 6 302(c)(4) Plan Page 784 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Funds Allocated 100% Total Percentage of Funds Allocated for 2021 0%Total Percentage of Funds Allocated for 2022 0%Total Percentage of Funds Allocated for 2023 100% End of Document Admin 0%Admin 0%Admin 0% Funds Allocated 0%Funds Allocated 0% PLHA Page 7 302(c)(4) Plan Page 785 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda End of Document 25 PLHA Supp App 24 PLHA Supp App 23 PLHA Supp App 22 PLHA Supp App 21 PLHA Supp App 20 PLHA Supp App 19 PLHA Supp App 18 PLHA Supp App 17 PLHA Supp App 16 PLHA Supp App 15 PLHA Supp App 14 PLHA Supp App 13 PLHA Supp App 12 PLHA Supp App 11 PLHA Supp App 10 PLHA Supp App 9 PLHA Supp App 8 PLHA Supp App 7 PLHA Supp App 6 PLHA Supp App 5 PLHA Supp App 4 PLHA Supp App 3 PLHA Supp App 2 PLHA Supp App 1 PLHA Supp App Issue #Program Name & Tab Section Cell# Update/Comment Urgency ADT Status Status Date Organization: Email: Contact Phone: Application Development Team (ADT) Support Form Rev. 10/10/24 Please complete the "yellow" cells in the form below and email a copy to: PLHA@hcd.ca.gov. A member of the Application Development Team will respond to your request within ASAP. Full Name: Date Requested: Application Version Date: PLHA Page 8 Application SupportPage 786 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES Item 7.2 Public Hearing: Permanent Local Housing Allocation Plan Amendment Presented by: Dania Gonzalez,Principal Management Analyst Page 787 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda HOUSING & HOMELESS SERVICES •Solicit public input on Chula Vista’s Permanent Local Housing Allocation (PLHA) proposed plan amendment Purpose of Public Hearing Page 788 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda HOUSING & HOMELESS SERVICES New Requirements •Every allocation moving forward must have 40% of funds designated for Affordable Owner- Occupied Workforce Housing (AOWH). Page 789 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda HOUSING & HOMELESS SERVICES Entitlement Block Grant 5-Year PLHA Allocation Allocation Year Amount 2019 $1,059,483 2020 $1,646,765 2021 $1,812,214 2022 $908,287 2023 $696,170 TOTAL $6,122,919 Page 790 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda HOUSING & HOMELESS SERVICES New Program •Grant Program for accessibility modifications •Available for low-income homeowners •Modifications may include, but are not limited to: •mobility ramps, widening of doorways and hallways, handrails, grab bars, replacing doorknobs with lever handles, kitchen modifications to lower cabinets and countertops, etc. Page 791 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda HOUSING & HOMELESS SERVICES Summary Plan Amendment Funding Allocation by Year Activities & Funding Commitment 2019 2020 2021 2022 2023 Emergency Shelter 100% Emergency Shelter 100% Emergency Shelter 100% Emergency Shelter 100% Emergency Shelter 60% AOWH 40% Page 792 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda HOUSING & HOMELESS SERVICES Public Hearing Permanent Local Housing Allocation Plan Amendment Page 793 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 0 5 P a g e | 1 December 3, 2024 ITEM TITLE City Employee Benefits: Adopt the 2025 Cafeteria Benefits Plan Reflecting Health Insurance and Voluntary Insurance Benefits for Eligible City Employees and a Fourth Amendment to the IAFF Memorandum of Understanding Report Number: 24-0298 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 resolutions: A) Adopting the 2025 Cafeteria Benefits Plan and B) Adopting the Fourth Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180, covering the period of July 1, 2022 to December 31, 2024. SUMMARY The Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan offered by the City to its employees be in a written document and that the document be formally adopted by the City Council on or before the first day of the plan year. Staff is requesting Council’s approval to adopt the 2025 Cafeteria Benefits Plan document by resolution to fulfill the City’s obligation for the 2025 plan year. Staff is also recommending the adoption of a resolution approving the Fourth Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 covering the period of July 1, 2022 to December 31, 2024 which amends a medical benefit plan cost-sharing for calendar year 2025. ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Page 794 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION 2025 Cafeteria Benefits Plan In June 1998, the City established its first Section 125 Cafeteria Benefits Plan. In compliance with Internal Revenue Code §125(d) the City Council annually adopts a written plan document prior to the first day of the plan year. The first day of the City’s 2025 plan year is January 1, 2025. This Cafeteria Plan Document is a written plan that describes how the City offers eligible employees certain benefits on a pretax basis (such as health insurance) while having the option to choose among at least one taxable benefit (such as cash). Having an approved written plan is critical under cafeteria plan regulations. Without a written Plan or if the written Plan does not comply with applicable requirements regarding content and timing of adoption, the Plan is not a Section 125 Cafeteria Plan and employees’ benefit elections will be taxable. The City timed its open enrollment period in 2024 to comply with these regulations and to meet provider cutoff deadlines for enrollment which will ensure employees have benefits coverage without interruption. The City’s Plan includes the following required information and incorporates all of the operating rules prescribed in Code §125 and the regulations thereunder.  Description of available benefits  Participation rules  Benefit election procedures  Plan Year  Manner of contributions  Maximum amount of contributions  Plan provisions for complying with flexible spending accounts (FSAs) Specific health plans offered and their structure are not part of this Cafeteria Plan Document and instead defined in what is known as the Summary of Benefits and Coverage (SBC). Employees are provided the SBCs as part of open enrollment materials to assist them in making their benefits elections. The determination of the health plans available and their structure are based on an annual review after our broker, Marsh and McLennan Agency, LLC., extensively markets with benefit plan providers for coverage comparable to the prior year while keeping the increase in costs to the City and its benefited employees to a minimum. All employee groups are advised of the offers and the plan structures that will provide the least increase in premium costs. Cafeteria Benefits Flex Allotments for unrepresented employees and elected officials are included in both the Cafeteria Plan Document and the Compensation Summary for Unrepresented Employees. Staff is requesting Council’s approval to adopt the 2025 Cafeteria Benefits Plan document by resolution to fulfill the City’s obligation for the 2025 plan year (Attachments 1-4). Fourth Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 The City and the International Association of Fire Fighters, Local 2180 (“Local 2180”) entered into a Page 795 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 3 Memorandum of Understanding (“MOU”) covering the period of July 1, 2022, to December 31, 2024, regarding wages, hours, and other terms and conditions of employment. The City and Local 2180, after meeting and conferring in good faith pursuant to the Meyers-Milias-Brown Act (MMBA), wish to enter into a Fourth Amendment to the 2022-2024 MOU amending the medical benefit plans for calendar year 2025. The existing MOU states that employees enrolled in the lowest cost, non-Kaiser, limited network Health Maintenance Organization (HMO)/limited network alternative plan will pay $50 per month. For the 2025 benefits plan year, the non-Kaiser, limited network HMO/limited network alternative plan premium is less than the Kaiser HMO plan. The Fourth Amendment provides that the $50 per month premium for IAFF employees enrolled in the lowest cost, non-Kaiser, limited network HMO/limited network alternative plan will be waived for the 2025 benefits plan year if the Aetna Whole Health (AWH) Southern California HMO is elected. Adoption of Resolution B will approve the Fourth Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180. 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 adoption of this plan is not anticipated to result in an additional fiscal impact as increases based on the preliminary information provided by the City's insurance broker were included in the fiscal year 2024-25 budget. ONGOING FISCAL IMPACT Flex Allotments are negotiated with the City’s bargaining groups. Unrepresented employees and elected officials also receive Flex Allotments. With the exception of Public Safety bargaining groups, the City shares the cost of medical insurance premium increase on a 50/50 basis. The 50/50 cost sharing formula utilizes the average cost increase of family premiums of non-indemnity health plans. Then to determine the next plan year’s Flex Allotment, 50% of the average increase is added to the current year’s Flex Allotment amount. For Public Safety bargaining groups, the City assumes the full cost of the medical premium increases. As a result of the negotiated premium changes for the 2025 Benefits Plan Year, the 2025 Flex Allotments are increasing by an annual amount of $1,656. This increase will not impact Flex Allotments for employees who waive medical insurance or elect Employee Only medical coverage since those amounts are capped at amounts specified in the Compensation Summary or Memorandum of Understanding. The tables below illustrate the Cafeteria Flex Allotments for the 2025 Plan Year. The impact to future budgets and the five-year financial forecast will depend on the outcome of negotiations with the City’s bargaining groups and the changes in medical insurance premiums. Page 796 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 4 2025 Flex Allotments (Non-Safety Employees) Group/Bargaining Unit Employees Who Cover Dependents on Medical Insurance Employees Who Waive or Elect Employee Only Medical Insurance Association of Chula Vista Employees (ACE) $18,080 $13,024 Confidential (CONF) $18,580 $13,024 Elected Officials (CATY, CL, MY) $21,356 $15,162 Executives, City Manager, and City Clerk (EXEC, CMGR, CCLK) $21,356 $15,162 2025 Flex Allotments (Non-Safety Employees) Group/Bargaining Unit Employees Who Cover Dependents on Medical Insurance Employees Who Waive or Elect Employee Only Medical Insurance Middle Managers and Professionals (MM/PROF) $19,456 $12,762 Confidential and Unclassified Middle Managers and Professionals (MMUC,MMCF,PRUC,PRCF) $19,456 $12,762 Non-Safety IAFF (NIAF) $18,080 $13,024 Senior Managers (SM) $19,956 $13,762 Western Council of Engineers (WCE) $18,956 $13,024 ATTACHMENTS 1. 2025 City of Chula Vista Cafeteria Benefits Plan Document 2. Exhibit A – 2025 Health Care & Dependent/Child Care Flexible Spending Accounts 3. Exhibit B – Hartford Voluntary Insurance Plan 4. Exhibit C – Employee Assistance Program (EAP) 5. Fourth Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 covering the period of July 1, 2022 to December 31, 2024 Staff Contact: Tanya Tomlinson, Director of Human Resources/Risk Management Page 797 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda CAFETERIA BENEFITS PLAN FOR THE CITY OF CHULA VISTA Amended and Restated as of January 1, 2025 Established June 1998 Human Resources Department City of Chula Vista Page 798 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2 SECTION 125 CAFETERIA BENEFIT PLAN ADOPTION AGREEMENT The undersigned Employer hereby adopts the Section 125 Cafeteria Benefit Plan for those Employees who shall qualify as Participants hereunder. The Employer hereby selects the following Plan Specifications: A. EMPLOYER INFORMATION Name of Employer: City of Chula Vista Address: 276 Fourth Ave. Chula Vista, CA 91910 Employer Tax ID: 95-6000690 Nature of Business: Municipal Government Name of Plan: City of Chula Vista Cafeteria Benefits Plan B. EFFECTIVE DATE Original Effective Date of Plan: June 1998 Effective Date of Amendment: January 1, 2025 C. ELIGIBILITY REQUIREMENTS FOR PARTICIPATION Eligibility requirements for each component plan under this Section 125 document will be applicable and, if different, will be listed in Item F. Employee Status: (1) Benefits-Eligible (Permanent) Employees: Directly employed by the City of Chula Vista in a full- or part-time benefited status. Part- time benefits- eligible employees must be authorized to work at least half-time or 40 hours biweekly. (2) Full-time Hourly Employees: Directly employed by the City of Chula Vista who are expected and scheduled to work 30 or more hours per week. (3) Eligible Variable-Hour Hourly Employees: Variable-hour Hourly employees as defined by the Affordable Care Act (ACA) working an average of 30 or more creditable service hours per Page 799 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3 week during the Standard Measurement Period. Eligibility is determined annually. Length of Service: (1) Benefits-Eligible (Permanent) and Full- time Hourly Employees: First day of employment in a benefited status. (2) Eligible, Variable-Hour Hourly Employees: First of the month which occurs 60 days following the City’s Measurement Period. D. PLAN YEAR The current plan year will begin on January 1, 2025, and end on December 31, 2025. E. EMPLOYER CONTRIBUTIONS Non-Elective Contributions: (Benefits-Eligible (Permanent) Employees, except members of POA and IAFF bargaining groups) Non-Elective Contributions (POA and IAFF members): Flexible Plan Allotment The maximum amount available to each Participant for the purchase of certain elected benefits (Group Medical Insurance, Group Dental Insurance, Group Vision, Health Care and Dependent/Child Care Flexible Spending Accounts, and Cash Payment Option) are outlined per the MOU or Unrepresented Compensation Summary with non-elective contributions will be: ACE $18,080 CONF $18,580 EXEC, CMGR, CCLK $21,356 Elected Officials $21,356 MM, PROF $19,456 MMCF,MMUC,PRCF,PRUC $19,456 Non-Safety IAFF $18,080 SM $19,956 WCE $18,956 Employees represented by POA: The employer pays the full cost of the Kaiser Permanente Plan for employees and their dependents. Employees enrolled in any non-Kaiser plan are responsible for paying any amount greater than the cost of the Kaiser plan. Page 800 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 Non-Elective Contributions (Eligible Hourly Employees): Elective Contributions (Salary Reduction): Employees represented by IAFF: The employer pays the full cost of the Kaiser Permanente Plan for employees and their dependents. Employees enrolled in the lowest cost, non-Kaiser, limited network HMO/limited network alternative plan will pay $50 per month and the City will pay the balance of the premium. For the 2025 benefits plan year only, this $50 per month premium will be waived if the Aetna Whole Health (AWH) Southern California HMO is elected. Employees enrolled in the non- Kaiser Full HMO plan will pay $250 per month and the City will pay the balance of the premium. Employees enrolled in the PPO shall receive the value equal to that of employees enrolled in the non-Kaiser Full HMO plan and employees will be responsible for the balance. Employees represented by POA and IAFF: For dental coverage, the employer will pay an amount equal to the HMO dental premium for the coverage level elected. The annual maximum amount available for each employee for the purchase of group “Employee Only” medical insurance coverage is based on an Affordability Test under the Affordable Care Act. Other plan components of this Section 125 are not available. Each Participant may authorize the Employer to reduce his or her compensation by the amount needed for the purchase of benefits elected, less the amount of non-elective contributions. An election for salary reduction will be made via online enrollment through Munis Employee Self-Service (ESS). Page 801 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 5 F. AVAILABLE BENEFITS Each of the following components should be considered a plan that comprises this Plan. 1. Group Medical Insurance Mandatory for all Benefits- Eligible (Permanent) Employees in the POA and IAFF classifications. Benefits-Eligible (Permanent) Employees in all other groups can waive medical insurance if they are covered by their City Employee Spouse or they can provide evidence of Other Qualified Group Coverage. Medical enrollment is optional for Eligible Hourly Employees. The terms, conditions, and limitations for the Group Medical Insurance will be as set forth in the insurance policy or policies described below. (See Section V of the Plan Document). 2. Group Dental Insurance Optional for all Benefits- Eligible Employees. Group dental insurance is not available to Eligible Hourly Employees. 3. Group Vision Insurance Optional for all Benefits- Eligible Employees. Group vision insurance is not available to Eligible Hourly Employees. The terms, conditions and limitations for the Group Dental Insurance will be as set forth in the insurance policy or policies described below. (See Section V of the Plan Document). The terms, conditions and limitations for the Group Vision Insurance will be as set forth in the insurance policy or policies described below. (See Section V of the Plan Document). Page 802 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 6 4. Health Care Flexible Spending Account Optional for all Benefits-Eligible Employees. Health Care Flexible Spending Accounts are not available to Eligible Hourly Employees. The terms conditions and limitations for the Health Care Flexible Spending Account will be as set forth in Section VI of the Plan Document and described below: Minimum Coverage: $24 per Plan Year Maximum Contribution: $3,300 from all sources per Plan Year. Recordkeeper: HealthEquity 5. Dependent Care Flexible Spending Account Optional for all Benefits-Eligible (Permanent) Employees. Dependent Care Flexible Spending Accounts are not available to Eligible Hourly Employees. The terms conditions and Limitations for the Dependent Care Flexible Spending Account will be as set forth in Section VII of the Plan Document and described below: Minimum coverage: $24 per Plan Year Maximum Coverage: $5,000 per plan year from all sources ($2,500 per plan year from all sources for a married employee filing separate tax returns) Recordkeeper: HealthEquity 6. Cash Payment Option Optional for Benefits-Eligible (Permanent) Employees. Cash Payment Option is not available to Eligible Hourly Employees. 7. The following benefits are only available through Elective Contributions (Salary Reduction) for eligible Benefits- Eligible Employees: Hartford plans are not available to Eligible Hourly Employees Eligible Flex Plan Allotment remaining after electing mandatory medical coverage may be allotted to this taxable option. Eligibility and limits for the cash option is based on the employee’s Compensation Summary or Memorandum of Understanding (MOU). Hartford Group Critical Illness Hartford Group Hospital Indemnity Plan Hartford Group Accident Plan The terms condition and limitations for the Hartford programs will be as set forth in Section VIII of the Plan Document. Administered by: The Hartford Page 803 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 7 8. Employee Assistance Program This free and confidential service is available to benefits-eligible employees and their household members. The terms condition and limitations for the EAP program will be set forth in Section IX of the Plan Document. Administered by: Health and Human Resource Center, Inc. (dba Aetna Resources for Living) The Plan shall be construed, enforced, administered, and the validity determined in accordance with the applicable provisions of the Employee Retirement Income Security Act of 1974 (as amended) if applicable, the Internal Revenue Code of 1986 (as amended), and the laws of the State of California. Should any provision be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will continue to operate, and for purposes of the jurisdiction of the court only, will be deemed not to include the provision determined to be void. This Plan is hereby adopted the 3rd Day of December 2024. By: JOHN MCCANN Title: City Mayor Page 804 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 8 SECTION 125 CAFETERIA BENEFITS PLAN SECTION 1 PURPOSE The Employer is establishing this Cafeteria Benefits Plan in order to make a broad range of benefits available to its Employees and their Dependents. The Plan allows Employees to choose among different types of benefits and select the combination best suited to their individual goals, desires, and needs. These choices inclu de an option to receive certain benefits in lieu of taxable compensation. In establishing this Plan, the Employer desires to attract, reward, and retain highly qualified, competent employees, and believes this Plan will help achieve that goal. It is the intent of the Employer to establish this Plan in conformity with Section 125 of the Internal Revenue Code of 1986, as amended, and in compliance with applicable rules and regulations issued by the Internal Revenue Service. This Plan will grant to eligible Employees an opportunity to purchase qualified benefits, which when purchased alone by the Employer, would not be taxable. SECTION II DEFINITIONS The following words and phrases appear in this Plan and will have the meaning indicated below unless a different meaning is plainly required by the context: “Administrator” means the Human Resources Department of the City of Chula Vista, or other such person or entity that it appoints as its designee. “Annual Enrollment Period” means the period designated by the Administrator which precedes the commencement of each Plan Year during which Eligible Employees can elect or modify the amount contributed for Benefits. “Applicable Law” means the Internal Revenue Code of 1986, and the same as may be amended from time to time, plus all regulations promulgated with respect thereto. Reference to any section or subsection of the Code includes reference to any comparable or succeeding provision of any legislation which amends, supplements or replaces such section or subsection. “Benefit Package Option” means a qualified benefit under Code Section 125 (f) that is offered under the Cafeteria (Flexible) Benefits Plan, or an option for coverage under an underlying health plan (such as an HMO or PPO option under a health plan). Page 805 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 9 “Benefits” or “Qualified Benefits” means the following benefits available under the Flex Plan: (a) Group Medical Insurance (b) Group Dental Insurance (c) Group Vision Insurance (d) Health Care Flexible Spending Account (e) Dependent Care Flexible Spending Account (f) Cash Payment Option (Post-Tax) (g) Health Premiums for Non-Tax Qualified Dependents (Post- Tax) (h) Certain Hartford Plans available via salary reduction only In order for a benefit to be qualified, a participant must also meet federal and/or state tax requirements, including Code Section 152, etc. “Child” means for these purposes will include (1) a natural child, (2) a stepchild, (3) a legally adopted child, (4) a child placed with the employee for legal adoption, (5) a foster child and (6) a child placed under the legal guardianship of the employee. In addition and in order to comply with OBRA 1993: a child will include a child for whom the employee or covered dependent spouse or Life Partner is required to provide coverage due to a Medical Child Support Order. A Qualified Medical Child Support Order (QMCSO) will also include a judgment, decree or order issued by a court of competent jurisdiction or through an administrative process established under state law and having the force and effect of law. “Code” means the Internal Revenue Code of 1986, as amended. “Dependent” means an individual including: (a) Participant’s legal spouse; (b) Life Partner (see definition of Life Partner) (c) Child of the employee, spouse, or Life Partner who is under 26 years of age; And (d) Unmarried child of any age of the employee, spouse or Life Partner who is incapable of self-support due to mental or physical handicap and such handicap began before attainment of limiting age “Dependent Care Flexible Spending Account” shall have the same meaning assigned to it by Section 7.02 of the Plan Attached hereto as Exhibit A. “Effective Date” of this Flex Plan was June 1998. “Eligible Employee” means any active, full- or part-time employee of the City of Chula Vista employed in a benefits-eligible (permanent) status. “Eligible Hourly Employee” means full-time hourly employee as defined by the Affordable Care Act. Page 806 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 10 “Employee” means an individual that the Employer classifies as active, full-time or part-time, who is on the Employer’s W-2 payroll, include elected and appointed officials but does not include the following: (a) any leased employee or an individual classified as a contract worker, independent contractor, temporary employee or casual employee for the period during which such individual is so classified, whether or not any such individuals are on the Employer’s W -2 payroll or determined by the IRS or others to be common-law employees of the Employer; (b) any individual who performs services for the Employer but who is paid by a temporary or other employment or staffing agency for the period during which such individual is paid by such agency, whether or not such individual is determined by the IRS or others to be common -law employees of the Employer. “Employer” means the City of Chula Vista. “Enrollment Period” means the period designated by the Administrator which allows employees to select Benefits for the Plan Year. For new hires, the Enrollment Period shall be the first 30 days following each new Eligible Employee’s hire date. For existing employees, the window during which they may add or drop their health insurance, or make changes to their coverage is called the Open Enrollment Period. “Entry Date” shall mean the date that an Eligible Employee shall become a Participant: (a) on the first day of the Plan Year if the Eligible Employee’s elections are made during the annual Enrollment Period, or (b) on the first day of employment or as provided in the employee’s MOU, provided the new hire makes such request within 30 days after the date of employment, or (c) on the first day coinciding with the date of satisfying the plan’s eligibility requirements. “FMLA” means the Family and Medical Leave Act of 1993, as amended. “Plan Year” means the twelve-month period commencing on January 1 and ending on December 31. “Health Care Flexible Spending Account” shall have the meaning assigned to it by Section 6.01 of the Plan attached hereto as Exhibit A. “Health Plan” means the group medical, dental and vision plans maintained by the City for its employees, as amended from time to time and are automatically incorporated by reference under this Cafeteria Benefits Plan. A Participant may request a copy of the plan(s) from the Human Resources Benefits Division. “HIPAA” Means the Health Insurance Portability and Accountability Act of 1996 as amended. Page 807 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 11 “Life Partner” means: both the employee and his/her partner are eighteen (18) years of age or older and are capable of consenting to the domestic partnership; neither can be married to another or be a member of another domestic partnership; cannot be related by blood in a way that would prevent them from being married to each other in this state; they must share the same principal place of abode, with the intent to continue doing so indefinitely (this means that both partners share the same residence, however, it is not necessary that the legal right to possess the common residence be in both names); They are jointly financially responsible for “basic living expenses; defined as basic food, water, shelter, and any other basic living expenses. Life partners do not need to contribute equally to the cost of these expenses as long as they agree that both are responsible for the cost; neither have had a different domestic partner in the last six (6) months unless a previous domestic partnership terminated by death. “Non-elective Contribution(s)” means any amount which the Employer, pursuant to Labor Agreements, contributes on behalf of each Participant to provide benefits for such Participant and his or her Dependents, if applicable, under one or more of the Benefit Plan Options offered under the Plan. The amount shall be calculated for each plan year in a uniform and nondiscriminatory manner and in the case of POA and IAFF employees will be based upon the Participant’s elected coverage dependent status, and for all others may be based on the commencement or termination date of the Participant’s employment during the Plan Year, and such other factors as the Employer shall prescribe. To the extent set forth in the enrollment material, the Employer may make non-elective contribution available to Participants and allow Participants to allocate the Non-elective Contributions among the various Benefit Plan Options offered under the Plan in a manner set forth in the enrollment material. In no event will any Non-elective Contribution be disbursed to a Participant in the form of additional, taxable Compensation except as otherwise provided in the enrollmen t material. “Other Qualifying Medical Coverage” means other employer-sponsored medical benefits that provide Minimum Essential Coverage as defined in the Affordable Care Act (ACA), and does not include Medicare, Medi-Cal, TriCare, and benefits purchased through an Exchange as established under the ACA. “Participant” means an eligible employee. “Period of Coverage” means that portion of the Flex Plan Year for which one is a Participant. In no event shall the period of coverage commence prior to, nor terminate after, the commencement and ending dates of the Flex Plan Year. “Qualified Benefits” means any benefit excluded from the Employee’s taxable income under Chapter 1 of the Code other than Sections 106 (b), 117,124, 127 or 132 and any other benefit permitted by the Income Tax Regulations (i.e. any premiums for Life Partners who are not otherwise tax qualified dependents). Long Term Care is not a “Qualified Benefit.” Page 808 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 12 SECTION III ELGIBILITY, ENROLLMENT, AND PARTICIPATION 3.01 ELIGIBILITY: Each Employee of the Employer who has met the eligibility requirements of Item C of the Adoption Agreement will be eligible to participate in the Plan on the entry date specified or the effective date of the Plan, whichever is later. The Employer must notify the Employee of his eligibility to participate in the Plan so that the Employee shall complete the necessary enrollment forms on or before the entry date. 3.02 ENROLLMENT: An eligible Employee may enroll (or re-enroll) in the Plan by online enrollment through Munis ESS, during an Enrollment Period, which specifies his or her benefit elections for the Plan Year and which meets such standards for completeness and accuracy as the Employer may establish. A Participant’s online enrollment shall be completed prior to the beginning of the Plan Year, and shall not be effective prior to the date such form is submitted to the Employer. Any online enrollment by a Participant in accordance with this Section shall remain in effect until the earlier of the following dates: the date the Participant terminates participation in the Plan; or, the effective date of a subsequently completed online enrollment. A Participant’s right to elect certain benefit coverage shall be limited hereunder to the extent such rights are limited in the Policy. Furthermore, a Participant will not be entitled to revoke an election after a period of coverage has commenced and to make a new election with respect to the remainder of the period of coverage unless both the revocation and the new election are on account of and consistent with a change in status, or other allowable events, as determined by Section 125 of the Code and the regulations thereunder. Notwithstanding anything to the contrary herein, to the extent required by the Health Ins urance Portability and Accountability Act of 1996, the Plan shall permit special enrollment period for employees who have previously declined coverage under the Plan; a new dependent may also justify a special enrollment period. 3.03 DEFAULT ENROLLMENT: Except for POA and IAFF employee groups, all new hire Benefit s-Eligible (Permanent) employees who fail to make their elections within 30 days of their hire date will automatically be enrolled in the City’s least costly medical plan with Employee Only coverage. POA and IAFF employees will be automatically enrolled in the Kaiser “Employee Only” plan. During Open Enrollment, employees who do not complete enrollment within the Open Enrollment period will have their current medical and life insurance automatically continued into the next Plan year as if the Employee elected to keep them. All other coverage, including Health Care and Dependent Care Page 809 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 13 Flexible Spending Accounts will stop. Eligible non-IAFF and non-POA employees may have eligible Flex Plan Allotment funds remaining after the health coverage election placed in the taxable Cash Payment Option as provided in the employee’s Compensation Summ ary or Memorandum of Understanding (MOU). 3.04 TERMINATION OF PARTICIPATION: A Participant’s coverage will stop on the last day of the month in which eligibility ends for any of the following reasons: a. The date the Participant terminates employment by death, disability, retirement, or other separation from service; or b. The date the Participant ceases to work for the Employer as an eligible Employee; c. The date of termination of the Plan; d. The first date a Participant fails to pay required contributions while on a leave of absence with benefits, or e. The date an employee begins a leave of absence without benefits. Dependent coverage will end the earlier of: the last day the employee’s coverage ends or on the last day of the month in which he or she is no longer an eligible Dependent. 3.05 SEPARATION FROM SERVICE: The Employer shall, on a reasonable and consistent basis, permit an Employee who separates from the employment service of the Employer during a Plan Year to revoke his existing elections and terminate the receipt of benefits for the remaining portion of the Plan Year. 3.06 QUALIFYING LEAVE UNDER FAMILY AND MEDICAL LEAVE ACT: Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying paid or unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to maintain the Participant’s existing coverage under the Plan with respect to the benefits under Section V and Section VI of the Plan on the same terms and conditions as though they were still an active Employee. If the Employee fails to return to work after such leave for any reason other than the serious illness of the employee or the family member for whom the leave was granted or through no fault of the employee, they will be required to pay all Cafeteria Benefits Plan monies paid to them, or on their behalf during the absence. 3.07 COVERAGE WHILE ON A LEAVE OF ABSENCE WITH BENEFITS: Employees who are authorized to take a leave of absence with benefits (e.g. Military Leave as approved by the City Council) will continue to be covered under the Plan until the expiration of their leave. 3.08 COVERAGE WHILE ON A LEAVE OF ABSENCE WITHOUT BENEFITS: Employees on an unpaid leave of absence for any reason other than those Page 810 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 14 under Section 3.06 and 3.07 are no longer eligible for participation in the Plan. If an employee returns from an unpaid leave of absence without benefits, the date the coverage is reinstated will depend on the employee’s date of return. If the employee returns to work on or before the 15 th of the month, coverage will be reinstated retroactive to the first of the month. If an employee returns after the 15th of the month, coverage will be reinstated the first of the following month. SECTION IV CONTRIBUTIONS 4.01 EMPLOYER CONTRIBUTIONS: The Employer may pay the costs of the benefits elected under the Plan with funds from the sources indicated in Item E of the Adoption Agreement. The Employer Contribution may be made up of Non-Elective Contributions and/or Elective Contributions authorized by each Participant. 4.02 IRREVOCABILITY OF ELECTIONS: A Participant may complete online enrollment before the end of the current plan year revising the rate of his/her contributions or discontinuing such contributions effective as of the first day of the following Plan Year. The Participant’s Elective Contributions will automatically terminate the date his employment terminates. Except as provided in this Section 4.02 and Section 4.03, a Participant’s election under the Plan is irrevocable for the duration of the Plan Year to which it relates. The exceptions to the irrevocability requirement which would permit a mid -year election change in benefits and the salary reduction amount elected are set out in the Treasury regulations promulgated under Code Section 125, which include the following: (a) Change in Status: A Participant may change or revoke his election under the Plan upon the occurrence of a valid change in status, but only if such change or termination is made on account of, and is consistent with, the change in status in accordance with the Treasury regulations promulgated under Section 125. The Employer, in its sole discretion as Administrator, shall determine whether a requested change is on account of and consistent with a change in status, as follows: (1) Change in Employee’s legal marital status, including marriage, divorce, death of spouse, legal separation, and annulment; (2) Change in number of Dependents, including birth, adoption, placement for adoption, ineligibility based on reaching the dependent status age limit, and death; (3) Change in employment status, including any employment status change affecting benefit eligibility of the Employee, spouse or Dependent, such as termination or commencement of employment, change in hours, strike or lockout, a commencement or return from an unpaid leave of Page 811 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 15 absence and change in work site. If the eligibility for either the Cafeteria Plan or any underlying benefit plans of the Employer of the Employee, spouse or Dependent relies on the employment status of that individual, and there is a change in that individual’s employment status resulting in gaining or losing eligibility under the Plan, this constitutes a valid change in status. This category only applies if the benefit eligibility is lost or gained as a result of the event. If an Employee terminates and is rehired within 30 days, the Employee is required to step back into his/her previous election. If the Employee terminates and is rehired after 30 days, the Employee may either step back into the previous election or make a new election; (4) Dependent satisfies, or ceases to satisfy, Dependent eligibility requirements; and (5) Residency change of Employee, spouse or Dependent, affecting the Employee’s eligibility for coverage as specified in the insurance policy. (b) Special HIPAA Enrollment Rights. If a Participant or a Participant’s Dependent enrolls in the health insurance plan pursuant to special enrollment rights under HIPAA, the Participant may make a corresponding change in election under this Plan. Special enrollment rights under the health insurance plan will be determined by the terms of the health insurance plan. (c) Certain Judgments, Decrees or Orders. If a judgment, decree or order resulting from a divorce, legal separation, annulment or change in legal custody (including a qualified medical child support order [QMCSO]) requires accident or health coverage for a Participant’s child or for a foster child who is a dependent of the Participant, the Participant may have a mid-year election change to add or drop coverage consistent with the Order. (d) Entitlement to Medicare or Medicaid. If a Participant or a Participant’s Dependent who is enrolled in a medical plan of the Employer becomes entitled to Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines), the Participant may cancel or reduce health coverage under the Employer’s Plan. Loss of Medicare or Medicaid entitlement would allow the Participant to add health coverage under the Employer’s Plan. However, if an employee chooses to purchase coverage through Medicare or Medicaid instead through the City, the employee will lose his/her Flex Allotment to any health benefits plan offered by the City. (e) Family and Medical Leave Act. If an Employee is taking leave under the rules of the Family and Medical Leave Act, the Employee may revoke previous elections and re-elect benefits upon return to work. 4.03 OTHER EXCEPTIONS TO THE IRREVOCABILITY OF ELECTIONS. Other exceptions to the irrevocability of election requirement permit mid-year Page 812 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 16 election changes and apply to all qualified benefits except for a Health Care Flexible Spending Account, as follows: (a) Change in Cost. If the cost of a benefit package option under the Plan significantly increases during the Plan Year, Participants may (i) make a corresponding increase in their salary reduction amount, (ii) revoke their elections and make a prospective election under another benefit option offering similar coverage, or (iii) revoke election completely if no similar coverage is available, including in spouse or Dependent’s plan. If the cost significantly decreases, employees may elect coverage even if they had not previously participated and may drop their previous election for a similar coverage option in order to elect the Benefit Package Option that has decreased in cost during the year. If the increased or decreased cost of a Benefit Package Option under the Plan is insignificant, the Participant’s salary reduction amount shall be automatically adjusted. (b) Significant curtailment of coverage. (i.) With no loss of coverage. If the coverage under a Benefit Package Option is significantly curtailed or ceases during the Plan Year, affected Participants may revoke their elections for the curtailed coverage and make a new prospective election for coverage under another Benefit Package Option providing similar coverage. (ii.) With loss of coverage. If there is a significant curtailment of coverage with loss of coverage, affected Participants may revoke election for curtailed coverage and make a new prospective election for coverage under another Benefit Package Option providing similar coverage, or drop coverage if no similar Benefit Package Option is available. (c) Addition or Significant Improvement of Benefit Package Option. If during the Plan Year a new benefit package option is added or significantly improved, eligible employees, whether currently participating or not, may revoke their existing election and elect the newly added or newly improved option. (d) Change in Coverage of a Spouse or Dependent Under Another Employer’s Plan. If there is a change in coverage of a spouse, former spouse, or Dependent under another employer’s plan, a Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of the spouse or Dependent. This rule applies if (1) mandatory changes in coverage are initiated by either the insurer of spouse/dependent’s plan or by the spouse/dependent’s employer, or (2) option changes are initiated by the spouse/dependent’s employer or by the spouse/dependent through open enrollment. Page 813 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 17 (e) Loss of coverage under other group health coverage . If during the Plan Year coverage is lost under any group health coverage sponsored by a governmental or educational institution, a Participant may prospectively change his or her election to add group health coverage for the affected Participant or his or her dependent. (a) Coverage through Covered California Plan. An employee may revoke election under the City group health plan if the employee qualifies for Special Enrollment Period under the Covered California Plan (Marketplace). The employee’s revocation must correspond to his or her intended enrollment. The Covered California Plan must begin by the day immediately following the last day of the revoked coverage. However, if an employee chooses to purchase coverage through Covered California instead through the City, the employee will lose his/her Flex Allotment to any health benefits plan offered by the City. 4.04 CASH PAYMENT OPTION: Available eligible amounts not used for the purchase of benefits under this Plan may be considered a cash benefit under the Plan payable to the Participant as taxable income to the extent indicated in Item E of the Adoption Agreement and as specified in the Participant’s MOU or Compensation Summary. 4.05 PAYMENT FROM EMPLOYER’S GENERAL ASSETS: Payment of benefits under this Plan shall be made by the Employer from Elective Contributions which shall be held as part of its general assets. 4.06 EMPLOYER MAY HOLD ELECTIVE CONTRIBUTIONS: Pending payment of benefits in accordance with the terms of this Plan, Elective Contributions may be retained by the Employer in a separate account, or if elected by the Employer and as permitted or required by regulations of the Internal Revenue Service, Department of Labor or other governmental agency, such amounts of Elective Contributions may be held in a trust pending payment. 4.07 MAXIMUM EMPLOYER CONTRIBUTIONS: With respect to each Participant, the maximum amount made available to pay benefits for any Plan Year shall not exceed the Employer’s Contribution specified in the Adoption Agreement and as provided in this Plan. SECTION V GROUP HEALTH INSURANCE BENEFIT PLAN 5.01 PURPOSE: These benefits provide the group health insurance benefits to Participants. 5.02 ELIGIBILITY: Eligibility will be required in Items F(1), F(2), and F(3) of the Adoption Agreement. Page 814 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 18 5.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in items F(1), F(2), and F(3) of the Adoption Agreement. 5.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions and limitations of the benefits offered shall be as specifically described in the Policy identified in the Adoption Agreement. 5.05 COBRA: To the extent required by Section 4980B of the Code and Sections 601 through 607 of ERISA, Participants and Dependents shall be entitled to continued participation in this Group Health Insurance Benefit Plans by contributing monthly (subject to taxation) 102% of the amount of the premium for the desired benefits during the period that such individual is entitled to elect continuation coverage, provided, however, in the event the continuation period is extended to 29 months due to disability, the premium to be paid for the continuation coverage for the 11 month extension period shall be 150% of the applicable premium. 5.06 SECTION 105 AND 106 PLAN: It is the intention of the Employer that these benefits shall be eligible for exclusion from the gross income of the Participants covered by this benefit plan, as provided in Code Sections 105 and 106, and all provisions of this benefit plan shall be construed in a manner consistent with that intention. It is also the intention of the Employer to comply with the provision of the Consolidated Omnibus Budget Reconciliation Act of 1985 as outlined in the policies identified in the Adoption Agreement. However, eligibility for tax qualified benefits will be subject to all state and federal regulations. In order to receive tax free benefits, a participant must meet all other state and federal eligibility guidelines. 5.07 CONTRIBUTIONS: Contributions for these benefits will be provided by the Employer on behalf of a Participant as provided for in Item E of the Adoption Agreement. 5.08 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT: Notwithstanding anything to the contrary herein, the Group Medical Insurance Benefit Plan shall comply with the applicable provision of the Uniformed Services Employment and Reemployment Rights Act of 1994. SECTION VI HEALTH CARE FLEXIBLE SPENDING ACCOUNT PLAN 6.01 The Plan Document for this option is included in the attached Exhibit A and is incorporated by reference. Page 815 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 19 SECTION VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT PLAN 7.01 The Plan Document for this option is included in the attached Exhibit A and is incorporated by reference. SECTION VIII HARTFORD GROUP CRITICAL ILLNESS, GROUP HOSPITAL INDEMNITY AND GROUP ACCIDENT INSURANCE 8.01 The Plan Document for these options is included in the attached Exhibit B and is incorporated by reference. SECTION IX EMPLOYEE ASSISTANCE PROGRAM 9.01 The Plan Document for this benefit is included in the attached Exhibit C and is incorporated by reference. SECTION X AMENDMENT AND TERMINATION 10.01 AMENDMENT: The Employer shall have the right at any time, and from time to time, to amend, in whole or in part, any or all of the provisions of this Plan, provided that no such amendment shall change the terms and conditions of payment of any benefits to which Participants and covered Dependents otherwise have become entitled to under the provisions of the Plan, unless such amendment is made to comply with federal or local laws or regulations. The Employer also shall have the right to make any amendment ret roactively, which is necessary to bring the Plan into conformity with the Code. In addition, the Employer may amend any provision or any supplements to the Plan and may merge or combine supplements or add additional supplement to the Plan, or separate existing supplements into an additional number of supplements. 10.02 TERMINATION: The Employer shall have the right at any time to terminate this Plan, provided that such termination shall not eliminate any obligations of the Employer which therefore have arisen under the Plan. Page 816 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 20 SECTION XI ADMINISTRATION 11.01 NAMED FIDUCIARIES: The Administrator shall be the fiduciary of the Plan. 11.02 APPOINTMENT OF RECORDKEEPER: The Employer may appoint a Reimbursement Recordkeeper which shall have the power and responsibility of performing recordkeeping and other ministerial duties arising under the Health Care Flexible Spending Account Plan and the Dependent Care Flexible Spending Account Plan provisions of this Plan. The Reimbursement Recordkeeper shall serve at the pleasure of, and may be removed by, the Employer without cause. The Recordkeeper shall receive reasonable compensation for its services as shall be agreed upon from time to time between the Administrator and the Recordkeeper. 11.03 POWERS AND RESPONSIBILITIES OF ADMINISTRATOR: a. General. The Administrator shall be vested with all powers and authority necessary in order to amend and administer the Plan, and is authorized to make such rules and regulations as it may deem necessary to carry out the provisions of the Plan. The Adminis trator shall determine any questions arising in the administration (including all questions of eligibility and determination of amount, time and manner of payments of benefits), construction, interpretation and application of the Plan, and the decision of the Administrator shall be final and binding on all persons. b. Recordkeeping. The Administrator shall keep full and complete records of the administration of the Plan. The Administrator shall prepare such reports and such information concerning the Plan and the administration thereof by the Administrator as may be req uired under the Code or ERISA and the regulation promulgated thereunder. c. Inspection of Records. The Administrator shall, during normal business hours, make available to each Participant for examination by the Participant at the principal office of the Administrator a copy of the Plan and such records of the Administrator as may pertain to such Participant. No Participant shall have the right to inquires as to or inspect the accounts or records with respect to other Participants. 11.04 COMPENSATION AND EXPENSES OF ADMINISTRATOR: The Administrator shall serve without compensation for services as such. All expenses of the Administrator shall be paid by the Employer. Such expenses shall include any expense incident to the functioning of the Plan, including, but not limited to, attorneys’ fees, accounting and clerical charges, actuary fees and other costs of administering the Plan. Page 817 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 21 11.05 LIABILITY OF ADMINISTRATOR: Except as prohibited by law, the Administrator shall not be liable personally for any loss or damage or depreciation which may result in connection with the exercise of duties or of discretion hereunder or upon any other act or omission hereunder except when due to willful misconduct. In the event the Administrator is not covered by fiduciary liability insurance or similar insurance arrangements, the Employer shall indemnify and hold harmless the Administrator from any and all claims, losses, damages, expenses, (including reasonable counsel fees approved by the Administrator) and liability (including any reasonable amounts paid in settlement with the Employer’s approval) arising from any act or omission of the Administrator, except when the same is determined to be due to the willful misconduct of the Administrator by a court of competent jurisdiction. 11.06 DELEGATION OF RESPONSIBILITY: The Administrator shall have the authority to delegate, from time to time, all or any part of its responsibilities under the Plan to such person or persons as it may deem advisable and in the same manner to revoke any such delegation of responsibility which shall have the same force and effect for all purposes hereunder as if such action had been taken by the Administrator. The Administrator shall not be liable for any acts or omissions of any such delegate. The delegate shall report periodically to the Administrator concerning the discharge of the delegated responsibilities. 11.07 RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION: The Administrator may release or obtain any information necessary for the application, implementation and determination of this Plan or other Plans without consent or notice to any person. This information may be released to or obtained from any insurance company, organization, or person subject to applicable law. Any individual claiming benefits under this Plan shall furnish to the Administrator such information as may be necessary to implement this provision. 11.08 CLAIM FOR BENEFITS: To obtain payment of any benefits under the Plan a Participant must comply with the rules and procedures of the particular benefit program elected pursuant to this Plan under which the Participant claims a benefit. 11.09 PROTECTED HEALTH INFORMATION: The provisions of this Section shall be effective on April 14, 2004 or at such other date required by 45 CFR Section 164.534. The Plan may disclose PHI to employees of the Employer with employee benefits responsibility or to employees with oversight responsibility for third party administrator claims administration. Access to and use by such individual must be restricted to plan administration functions that the plan sponsor performs for the Plan. The applicable claims procedures under the Plan shall be used to resolve any issues of non-compliance by such individuals. The Plan may disclose PHI to such individual only if the Employer certifies that Page 818 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 22 the Plan documents have been amended to incorporate the following specific provisions, and the Employer agrees to comply with them. The Employer will: • Not use or further disclose PHI other than as permitted by the plan documents or as required by law; • Ensure that any agents or subcontractors to whom it provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Employer; • Not use or disclose PHI for employment-related actions or in connection with any other employee benefit plan; • Report to the Plan any use of disclosure of the information that is inconsistent with the permitted uses or disclosures; • Make available to Plan participants, consider their amendments, and upon their request, provide them with an accounting of PHI disclosures; • Make its internal practices and records relating to the use and disclosure of PHI received from the Plan available to the Department of Health and Human Services upon request; and • Will, if feasible, return or destroy all PHI received from the Plan that the Employer still maintains in any form and retain no copies of such information when no longer needed for the purposes for which the disclosure was made, except that, if such return or destruction is not feasible, limit further uses no disclosure to those purposes that make the return or discretion of the information infeasible. For purposes of this Section, “PHI” is “Protected Health Information” as defined in 45 CFR Section 164.501, which is individually identifiable health information that is maintained or transmitted any a covered entity, as defined in 45 CFR Section 16.4104. SECTION XII MISCELLANEOUS PROVISIONS 12.01 FORMS AND PROOFS: Each Participant or Participant’s Beneficiary eligible to receive any benefit hereunder shall complete such forms and furnish such proofs, receipts, and release as shall be required by the Administrator. 12.02 NON-ASSIGNABILITY: No benefit under the Plan shall be liable for any debt, liability, contract, engagement or tort of any Participant or his Beneficiary, nor be subject to charge, anticipation, sale, assignment, transfer, encumbrance, Page 819 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 23 pledge, attachment, garnishment, execution or other voluntary or involuntary alienation or other legal or equitable process, nor transferability by operation of law. 12.03 CONSTRUCTION: (a) Words used herein in the masculine or feminine gender shall be construed as the feminine or masculine gender, respectively where appropriate. (b) Words used herein in the singular or plural shall be construed as the plural or singular, respectively, where appropriate. 12.04 NONDISCRIMINATION: In accordance with Code Section 125(b)(1), (2), and (3), this Plan is intended not to discriminate in favor of Highly Compensated Participants (as defined in Code Section 125(e)(1) as to contributions and benefits nor to provide more that 25% of all qualified benefits to Key Employees. If, in the judgment of the Administrator, more than 25% of the total non-taxable benefits are provided to Key Employees, or the Plan discriminates in any other manner (or is at a risk of possible discrimination), then notwithstanding any other provision contained herein to the contrary, and in accordance with the applicable provision of the Code, the Administrator shall, after written notification to affected Participants, reduce or adjust such contributions and benefits under the Plan as shall be necessary to insure that, in the judgment of the Administrator, the Plan shall not be discriminatory. 12.05 ERISA: The Plan shall be construed, enforced, and administered and the validity determined in accordance with the applicable provision of the Employee Retirement Income Security Act of 1974 (as amended), the Internal Revenue Code of 1986 (as amended), and the laws of the State indicated in the Adoption Agreement. Notwithstanding anything to the contrary herein, the provisions of ERISA will not apply to this Plan if the Plan is exempt from coverage under ERISA. Should any provisions be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will continue to operate, and for purposes of the jurisdiction of the court only will be deemed not to include the provision determined to be void. Page 820 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda ATTACHMENT 2 HEALTH CARE & DEPENDENT/CHILD CARE FLEXIBLE SPENDING ACCOUNTS PLAN DOCUMENT Amended and Restated as of January 1, 2025 Human Resources Department City of Chula Vista Page 821 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda i CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION TABLE OF CONTENTS CAFETERIA PLAN COMPONENT SUMMARY .................................................................................. 2 Q-1. What is the purpose of the Cafeteria Plan? ............................................................................. 2 Q-2. Who can participate in the Cafeteria Plan? ............................................................................. 2 Q-3. How do I become a participant? ............................................................................................. 2 Q-4. When does my participation in the Cafeteria Plan end? ......................................................... 3 Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? .............. 3 Q-6. What are the election periods for entering the Cafeteria Plan?............................................... 4 Q-7. Under what circumstances can I change my election during the Plan Year?.......................... 5 Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? ....................... 5 Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? .......6 Q-10. How long will the Cafeteria Plan remain in effect? ................................................................ 7 Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? ..................... 7 HEALTH CARE SPENDING ACCOUNT COMPONENT SUMMARY.............................................. 8 Q-1. Who can participate in the Health Care Spending Account? .................................................. 8 Q-2. How do I become a Participant? ............................................................................................. 8 Q-3. What is my Health Care Spending Account? ......................................................................... 9 Q-4. When does my coverage under the Health Care Spending Account end? .............................. 9 Q-5. Can I ever change my Health Care Spending Account election?............................................ 9 Q-6. What happens to my Health Care Spending Account if I take an approved leave of absence? ............................................................................................................................... 10 Q-7. What is the maximum annual Health Care Spending Account amount that I may elect under the Health Care Spending Account, and how much will it cost?................................ 10 Q-8. How are Health Care Spending Account benefits paid for under this Plan? ........................ 10 Q-9. What amounts will be available for Health Care Spending Account Reimbursement at any particular time during the Plan Year? ............................................................................ 10 Q-10. How do I receive reimbursement under the Health Care Spending Account? ...................... 11 Q-11. Medical E ..............................................................................11 Q-12. When must the expenses be incurred in order to receive reimbursement? ........................... 12 Q-13. What if the Medical I incur during the Plan Year are less than the annual amount I have elected for the Health Care Spending Account Reimbursement? ..... 13 Q-14. Q-15. Q-16. Q-17. Q-18. What happens if a Claim for Benefits under the Health Care Spending Account is denied? ................................................................................................................................. 13 What happens to unclaimed Health Care Spending Account Reimbursements? .................. 14 What is continuation coverage? ........................................................................................... 14 Will my health information be kept confidential? ................................................................ 16 How long will the Health Care Spending Account remain in effect? ................................... 16 DEPENDENT CARE SPENDING ACCOUNT COMPONENT SUMMARY .................................... 18 Page 822 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda ii Q-1. Who can participate in the Dependent Care Spending Account? ......................................... 18 Q-2. How do I become a Participant? ........................................................................................... 18 Q-3. Spending .............................................................................. 18 Q-4. When does my coverage under the Dependent Care Spending Account end? ..................... 18 Q-5. Can I ever change my Dependent Care Spending Account election? ................................... 19 Q-6. What happens to my Dependent Care Spending Account if I take an unpaid leave of absence? ............................................................................................................................... 19 Q-7. What is the maximum annual Dependent Care Spending Account Reimbursement that I may elect under the Dependent Care Spending Account? .................................................... 19 Q-8. How do I pay for Dependent Care Spending Account Reimbursements? ............................ 20 Q-9. - claim a reimbursement? .................................................................................................................... 20 Q-10. How do I receive reimbursement under the Dependent Care Spending Account? ............... 21 Q-11. When must the expenses be incurred in order to receive reimbursement? ........................... 22 Q-12. - less than the annual amount of coverage I have elected for Dependent Care Spending Account Reimbursement? .................................................................................................... 23 Q-13. Will I be taxed on the Dependent Care Spending Account benefits I receive? .................... 23 Q-14. If I participate in the Dependent Care Spending Account, will I still be able to claim the household and dependent care credit on my federal income tax return? ............................. 23 Q-15. What is the household and dependent care credit? ............................................................... 23 Q-16. What happens to unclaimed Dependent Care Spending Account Reimbursements? ........... 24 Q-17. What happens if my claim for reimbursement under the Dependent Care Spending Account is denied? ............................................................................................................... 24 Q-18 How long will the Dependent Care Spending Account remain in effect? ............................ 24 PLAN INFORMATION SUMMARY ..................................................................................................... 25 A. Employer/Plan Sponsor Information .................................................................................... 25 B. Cafeteria Plan Component Information ................................................................................ 26 C. Health Care Spending Account Component Information ..................................................... 27 D. Dependent Care Spending Account Component Information .............................................. 30 APPENDIX I CLAIMS REVIEW PROCEDURE .............................................................................. 31 APPENDIX II TAX ADVANTAGES EXAMPLE .............................................................................. 32 APPENDIX III ELECTION CHANGE CHART ............................................................................... 33 Page 823 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 1 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN City of Chula Vista (the “Employer”) is pleased to sponsor an employee benefit program known as a “Flexible Benefits Plan” (the “Plan”) for you and your fellow employees. It is so-called because it lets you choose from several different employee benefit plans (which we refer to as “Benefit Plan Options”) according to your individual needs, and allows you to use pretax dollars to pay for them by entering into a salary reduction arrangement with the Employer. This Plan helps you because the benefits you elect are nontaxable (e.g., you save social security and income taxes on the amount of your salary reduction). Alternatively, to the extent described in your enrollment materials, you may choose to pay for any of the available benefits with After-tax Contributions as deductions from your salary. This Plan has three components: i. A Cafeteria Plan Component. The Cafeteria Plan Component allows you to pay your share of Contributions. ii. amount of Pretax Contributions to be used for reimbursement of Eligible Medical Expenses. The HCSA is intended to qualify as a Code Section 105 self-insured medical reimbursement Plan. iii. The Dependent Care Spending Account (“DCSA”). The DCSA allows you to elect to use a specified amount of Pretax Contributions to be used for reimbursement of Eligible Employment- Related Expenses. The DCSA is intended to qualify as a Code Section 129 dependent care assistance plan. Each of the three components is summarized in this document. Information relating to the Plan that is specific to your Employer is described in the Plan Information Summary. For example, you can find the identity of the Third Party Administrator, the Employer, and the Plan Administrator in the Plan Information Summary as well as the Plan Number and any applicable contact information. Each summary and the attached Appendices constitute the Summary Plan Description for the Cafeteria Plan. The SPD operates, and how you can get the maximum advantage from it. The Plan is also established pursuant to a plan document into which this SPD has been incorporated. However, if there is a conflict between the official plan document and the SPD, the plan document will govern. Certain terms in this Summary are capitalized. Capitalized terms reflect important terms that are specifically defined in this Summary or in the Plan Document into which this Summary is incorporated. You should pay special attention to these terms as they play an important role in defining your rights and responsibilities under this Plan. Participation in the Plan does not give any Participant the right to be retained in the employment of his or her Employer or any other right not specified in the Plan. If you have any questions regarding your rights and responsibilities under the Plan, you may also contact the Plan Administrator (who is identified in the Plan Information Summary). Page 824 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Cafeteria Plan Component Summary Q-1. What is the purpose of the Cafeteria Plan? The purpose of the Cafeteria Plan is to allow eligible Employees to pay for certain benefit plans called which you may contribute with Pretax Contributions under this Cafeteria Plan are described in the Plan Information Summary. Pretax Contributions are described in more detail below. Q-2. Who can participate in the Cafeteria Plan? Each Employee of the Employer (or an Affiliated Employer listed in the Plan Information Summary) who (i) satisfies the Cafeteria Plan Eligibility Requirements and (ii) is also eligible to participate in any of the Benefit Plan Options, will be eligible to participate in this Cafeteria Plan. If you meet these requirements, you may become a Participant on the Cafeteria Plan Eligibility Date. The Cafeteria Plan Eligibility Requirements and Eligibility Date are described in the Plan Information Summary. Those Employees who actually participate in the Cafeteria Plan are called The terms of eligibility of this Cafeteria Plan do not override the terms of eligibility of each of the Benefit Plan Options. In other words, if you are eligible to participate in this Cafeteria Plan, it does not necessarily mean you are eligible to participate in the Benefit Plan Options. For the details regarding eligibility provisions, benefit amounts, and premium schedules for each of the Benefit Plan Options, please refer to the plan summary of each of the Benefit Plan Options. If you do not have a summary for each of the Benefit Plan Options, you should contact the Plan Administrator for information on how to obtain a copy. You may only pay for the coverage of yourself and your tax dependents; however, for health plan purposes and the Health Care Spending Account), a Dependent is any child of yours who as of the end of the taxable year has not attained age twenty-seven (27)), even if he/she is married or is not a tax dependent. Q-3. How do I become a Participant? If you have otherwise satisfied the Cafeteria Plan Eligibility Requirements, you become a Participant by you agree to pay for the Benefit Plan Options that you choose with Pretax Contributions. You will be provided with a Salary Reduction Agreement or Election Form on or before your Cafeteria Plan Eligibility Date. You must complete the form and submit it to the Plan Administrator or its designated Third Party Administrator (as indicated on or with the Salary Reduction Agreement), during one of the election periods described in Q-6 below. You may also enroll during the year if you previously elected not to participate and you experience a change described below that allows you to become a Participant during the year. If that occurs, you must complete an Election Change Form during the Election Change Period described in Q-7 below. In no event can you become a Participant in this Cafeteria Plan prior to the date you complete and properly submit the Salary Reduction Agreement to the appropriate person(s). Page 825 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3 In some cases, the Employer may require you to pay your share of the Benefit Plan Option coverage that you elect with Pretax Contributions. If that is the case, your election to participate in the Benefit Plan Options(s) will constitute an election under this Cafeteria Plan. Enrollment may also be accomplished via telephone, voice response technology, electronic communication, web or online enrollment systems, or any other method prescribed by the Plan Administrator. Q-4. When does my participation in the Cafeteria Plan end? Your coverage under the Cafeteria Plan ends on the earliest of the following to occur: a. The date that you make an election not to participate in accordance with this Cafeteria Plan Component Summary; b. The date you no longer satisfy the Eligibility Requirements of this Cafeteria Plan or all of the Benefit Plan Options; c. The date that you terminate employment with the Employer; or d. The date that the Cafeteria Plan is either terminated or amended to exclude you or the class of Employees of which you are a member. If your employment with the Employer is terminated during the Plan Year or you otherwise cease to be eligible, your active participation in the Cafeteria Plan will automatically cease, and you will not be able to make any more Pretax Contributions under the Cafeteria Plan except as otherwise provided pursuant to Employer policy or individual arrangement (e.g., a severance arrangement where the former Employee is permitted to continue paying for a Benefit Plan Option out of severance pay on a pretax basis). If you are rehired within the same Plan Year and are eligible for the Cafeteria Plan (or you become eligible again), you may make new elections, if you are rehired or become eligible again more than 30 days after you terminated employment or lost eligibility (subject to any limitations imposed by the Benefit Plan Option(s)). If you are rehired or again become eligible within 30 days or less of your termination date, your Cafeteria Plan elections that were in effect when you terminated employment or stopped being eligible will be reinstated and remain in effect for the remainder of the Plan Year (unless you are allowed to change your election in accordance with the terms of the Plan). Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? You save both federal income tax and FICA (Social Security) taxes by participating in the Cafeteria Plan. There is an example in Appendix II that illustrates the tax savings you might experience as a result of participating in the Cafeteria Plan. Participation in the Cafeteria Plan will reduce the amount of your taxable compensation. Accordingly, there could be a decrease in your Social Security benefits and/or other benefits (e.g., pension, disability, and life insurance) that are based on taxable compensation. Page 826 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 Q-6. What are the election periods for entering the Cafeteria Plan? Change in Status Event. The following is a summary of the Initial Election Period and the Annual Election Period. Q-6a. What is the Initial Election Period? If you want to participate in the Cafeteria Plan when you are first hired, you must enroll during an election during the Initial Election Period, your participation in this Cafeteria Plan will begin on the later of your Eligibility Date or the first pay period coinciding with or next following the date that your election is received by the Plan Administrator (or its designated Third Party Administrator). The effective date of coverage under the Benefit Plan Options will be effective on the date established in the governing documents of the Benefit Plan Options. The election that you make during the Initial Election Period is effective for the remainder of the Plan Year and generally cannot be changed during the Plan Year unless you have a Change in Status Event described in Q-7 below. If you do not make an election during the Initial Election Period, you will be deemed to have elected not to participate in this Cafeteria Plan for the remainder of the Plan Year. Failure to make an election under this Cafeteria Plan generally results in no coverage under the Benefit Plan Options; however, the Employer may provide coverage under certain Benefit Plan Options automatically. These automatic benefits are called “Default Benefits.” Any Default Benefit provided by your Employer will be identified in the enrollment materials. In addition, your share of the contributions for such Default Benefits may be automatically withdrawn from your pay on a pretax basis. You will be notified in the enrollment materials whether there will be a corresponding Pretax Contribution for such default benefits. Q-6b. What is the Annual Election Period? did not enroll during the Initial Election Period or change your elections for the next Plan Year. The Annual Election Period will be identified in the enrollment materials distributed to you prior to the Annual Election Period. The election that you make during the Annual Election Period is effective the first day of the next Plan Year and cannot be changed during the entire Plan Year unless you have a Change in Status Event described in Q-7 below. If you fail to complete, sign, and file a Salary Reduction Agreement during the Annual Election Period, you may be deemed to have elected to continue participation in the Cafeteria Plan with the same Benefit Plan Option elections that you had on the last day of the Plan Year in which the Annual Election period occurred (adjusted to reflect any increase/decrease in applicable Administrator may deem you to have elected not to participate in the Cafeteria Plan for the next Plan Year if you fail to make an election during the Annual Election Period. The consequences of failing to make an election during the Annual Election Period are described in the Plan Information Summary. Page 827 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 5 The Plan Year is generally a 12-month period (the initial or last Plan Year of the Plan could be an exception). The beginning and ending dates of the Plan Year are described in the Plan Information Summary. Q-7. Under what circumstances can I change my election during the Plan Year? Generally, you cannot change your election under this Cafeteria Plan during the Plan Year. There are, however, a few exceptions. First, your election will automatically terminate if you terminate employment or lose eligibility under this Cafeteria Plan or under all of the Benefit Plan Options that you have chosen. Second, you may voluntarily change your election during the Plan Year if you satisfy the following conditions (prescribed by federal law): a. You experience a of Status that affects your eligibility under this Cafeteria Plan and/or Benefit Plan Option; or b. You experience a significant Cost or Coverage Change; and c. You complete and submit a written Election Change Form within the Election Change Period described in the Plan Information Summary. Change in Status Events and Cost or Coverage Changes recognized by this Cafeteria Plan, and the rules surrounding election changes in the event you experience a Change in Status Event or Cost or Coverage Change are described in Appendix III - Election Change Chart. Third, an election under this Cafeteria Plan may be modified downward during the Plan Year if you are a Key Employee or Highly Compensated Individual (as defined by the Internal Revenue Code), if necessary to prevent the Cafeteria Plan from becoming discriminatory within the meaning of the applicable federal income tax law. If coverage under a Benefit Plan Option ends, the corresponding Pretax Contributions for that coverage will automatically end. No election is needed to stop the contributions. Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? You may be given a choice to pay for any Benefit Plan Option coverage that you elect with Pretax or After- tax Contributions. The enrollment materials you receive will indicate whether you have an option to choose to pay with Pretax or After-tax Contributions. When you elect to participate both in a Benefit Plan Option and this Cafeteria Plan, an amount equal to your share of the annual cost of those Benefit Plan Options that you choose divided by the applicable number of pay periods you have during that Plan Year is deducted from each paycheck after your election date. If you have chosen to use Pretax Contributions (or it is a Plan requirement), the deduction is made before any applicable federal and/or state taxes are withheld. An Employer may choose to pay for a share of the cost of the Benefit Plan Options you choose with Non- elective Employer Contributions. The amount of Non-elective Employer Contributions that is applied by the Employer towards the cost of the Benefit Plan Option(s) for each Participant and/or level of coverage Page 828 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 6 is subject to the sole discretion of the Employer and it may be adjusted upward or downward in the -elective Employer Contribution amount will be calculated for each Plan Year in a uniform and nondiscriminatory manner and may be based upon your dependent status, commencement or termination date of your employment during the Plan Year, and such other factors that the Employer deems relevant. In no event will any Non-elective Employer Contribution be disbursed to you in the form of additional taxable compensation except as otherwise provided in the enrollment material or the Plan Information Summary. Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? The following is a general summary of the rules regarding participation in the Cafeteria Plan (and the Benefit Plan Options) during a leave of absence. The specific election changes that you can make under this Cafeteria Plan following a leave of absence are described in the Election Change Chart and the rules regarding coverage under the Benefit Plan Options during a leave of absence will be described in the Benefit Plan Option summaries. If there is a conflict between the Election Change Chart/Benefit Plan Option Summaries and this Q-9, the Election Change Chart or Benefit Plan Option summary, whichever is applicable, will control. a. If you go on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), the Employer will continue to maintain your Benefit Plan Options that provide health coverage on the same terms and conditions as though you were still active to the extent required by FMLA (e.g., the Employer will continue to pay its share of the contribution to the extent you opt to continue coverage). b. Your Employer may elect to continue all health coverage for Participants while they are on paid leave (provided Participants on non-FMLA paid leave are required to continue coverage). If so, you will pay your share of the contributions by the method normally used during any paid leave (for example, with Pretax Contributions if that is what was used before the FMLA leave began). c. In the event of unpaid FMLA leave (or paid leave where coverage is not required to be continued), if you opt to continue your group health coverage, you may pay your share of the contribution in one of the following ways: i. With After-tax Contributions while you are on leave. ii. You may pre-pay all or a portion of your share of the contribution for the expected duration of the leave with Pretax Contributions from your pre-leave compensation by making a special election to that effect before the date such compensation would normally be made available to you. However, pre-payments of Pretax Contributions may not be utilized to fund coverage during the next Plan Year. iii. By other arrangements agreed upon between you and the Plan Administrator (for example, the Plan Administrator may fund coverage during the leave and withhold amounts from your compensation upon your return from leave). The payment options provided by the Employer will be established in accordance with Code absence and will be applied uniformly to all Participants. Alternatively, the Employer may require all Participants to continue coverage during the leave. If so, you may elect to discontinue Page 829 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 7 your share of the required contributions until you return from leave. Upon return from leave, you will be required to repay the contribution not paid during the leave in a manner agreed upon with the Plan Administrator. The Election Change Chart will let you know whether you are able to drop your coverage or whether you are required to continue coverage during the leave. d. If your coverage ceases while on FMLA leave (e.g., for non-payment of required contributions), you will be permitted to re-enter the Cafeteria Plan and the Benefit Plan Option upon return from such leave on the same basis as you were participating in the plans prior to the leave, or as otherwise required by the FMLA. Your coverage under the Benefit Plan Options providing health coverage may be automatically reinstated provided that coverage for Employees on non- FMLA leave is automatically reinstated upon return from leave. e. The Employer may, on a uniform and consistent basis, continue your group health coverage for the duration of the leave following your failure to pay the required contribution. Upon return from leave, you will be required to repay the contribution in a manner agreed upon by you and the Employer. f. If you are commencing or returning from unpaid FMLA leave, your election under this Cafeteria Plan for Benefit Plan Options providing non-health benefits shall be treated in the same manner that elections for non-health Benefit Plan Options are treated with respect to Participants commencing and returning from unpaid non-FMLA leave. g. If you go on an unpaid non-FMLA leave of absence (e.g., personal leave, sick leave, etc.) that does not affect eligibility in this Cafeteria Plan or a Benefit Plan Option offered under this Cafeteria Plan, then you will continue to participate and the contribution due will be paid by pre- payment before going on leave, by After-tax Contributions while on leave, or with catch-up contributions after the leave ends, as may be determined by the Plan Administrator. If you go on an unpaid leave that affects eligibility under this Cafeteria Plan or a Benefit Plan Option, the election change rules described herein will apply. The Plan Administrator will have discretion to determine whether taking an unpaid non-FMLA leave of absence affects eligibility. Q-10. How long will the Cafeteria Plan remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the Plan or any of its component programs at any time for any reason. Plan amendments and terminations will be conducted in accordance with the terms of the Plan document. Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? You will have the right to a full and fair review process. You should refer to Appendix I for a detailed summary of the Claims Procedures under this Cafeteria Plan. Page 830 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 8 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Health Care Spending Account Component Summary Q-1. Who can participate in the Health Care Spending Account? Each Employee who satisfies the HCSA Eligibility Requirements is eligible to participate on the HCSA Eligibility Date. The HCSA Eligibility Requirements and Eligibility Date are described in the Plan Information Summary. Q-2. How do I become a Participant? If you have otherwise satisfied the HCSA Eligibility Requirements, you become a Participant in the HCSA by electing Health Care Savings Account benefits during the Initial or Annual Election Periods as described in the Cafeteria Plan Component Summary). Your participation in the HCSA will be effective on the date that you make an election or on your HCSA Eligibility Date, whichever is later. See the Plan Information participate during the next Plan Year, you must make an election during the Annual Election Period, even if you do not change your current election. Evergreen Elections do not apply to HCSA elections. You may also become a Participant if you experience a Change in Status Event or Cost or Coverage Change that permits you to enroll mid-year (See Q-7 of the Cafeteria Plan Component Summary for more details regarding mid-year election changes and the effective date of those changes). Once you become a Participant, your "Eligible Dependents" also become covered. For purposes of the HCSA, Eligible Dependents are the following: (i) Your legal Spouse (as determined by state law to the extent consistent with the federal Defense of Marriage Act) and (ii) Any other individuals who would qualify as a tax Dependent, including any child of yours who as of the end of the taxable year has not attained age twenty-seven (27). If the Plan Administrator receives a qualified medical child support order (QMCSO) relating to the HCSA, to medical child support. A medical child support order is a QMCSO to the extent it satisfies certain conditions required by law. Before providing any coverage to an alternate recipient, the Plan Administrator must determine whether the medical child support order is a QMCSO. If the Plan Administrator receives a medical child support order relating to your HCSA, it will notify you in writing, and after receiving the order, it will inform you of its determination of whether or not the order is qualified. Upon request to the oes not Page 831 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 9 Plan Administrator, you may obtain, without charge, a copy of the Plan’s procedures governing qualified medical child support orders. Q-3. What is my Health Care Spending Account? If you elect to participate in the HCSA, the Employer will establish a keep a record of the reimbursements you are entitled to, as well as the contributions you elected to withhold for such benefits during the Plan Year. No actual account is established; it is merely a bookkeeping account. Be forth in the Plan Information Summary. Q-4. When does my coverage under the Health Care Spending Account end? Your coverage under the HCSA ends on the earlier of the following to occur. See the Plan Information a. The date you elect not to participate in accordance with the Cafeteria Plan Component Summary; b. The last day of the Plan Year unless you make an election during the Annual Election Period; c. The date you no longer satisfy the HCSA Eligibility Requirements; d. The date you terminate employment; or e. The date the Plan is terminated or you or the class of eligible Employees of which you are a member are specifically excluded from the Plan. You may be entitled to elect Continuation Coverage (as described in Q-16 below) under the HCSA once your coverage ends because you terminate employment or experience a reduction in hours of employment. Coverage for your Eligible Dependents ends on earliest of the following to occur: a. The date your coverage ends; b. The date that your Dependents cease to be eligible Dependents (e.g., you and your Spouse divorce); or c. The date the Plan is terminated or amended to exclude the individual or the class of Dependents of which the individual is a member from coverage under the HCSA. You and/or your covered Dependents may be entitled to continue coverage if coverage is lost for certain reasons. The Continuation of Coverage provisions are described in more detail below. Q-5. Can I ever change my Health Care Spending Account election? You can change your election under the HCSA in the following situations: a. For any reason during the Annual Election Period. You can change your election during the Annual Election Period for any reason. The election change will be effective the first day of the Plan Year following the end of the Annual Election Period. b. Following a Change in Status Event. You may change your HCSA election during the Plan Year only if you experience an applicable Change in Status Event. See Q-7 of the Cafeteria Plan Component Summary for more information on election changes. NOTE: You may not make HCSA election changes as a result of any Cost or Coverage Changes. Page 832 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 10 Q-6. What happens to my Health Care Spending Account if I take an approved leave of absence? Refer to the Cafeteria Plan Component Summary and the Election Change Chart to determine what, if any, specific changes you can make during a leave of absence. If your HCSA coverage ceases during an FMLA leave, you may, upon returning from FMLA leave, elect to be reinstated in the HCSA at either: a. The same coverage level in effect before the FMLA leave (with increased contributions for the remaining period of coverage); or b. At the same coverage level that is reduced pro-rata for the period of FMLA leave during which you did not make any contributions. Under either scenario, expenses incurred during the period that your HCSA coverage was not in effect are not eligible for reimbursement under this HCSA. Q-7. What is the maximum annual Health Care Spending Account amount that I may elect under the Health Care Spending Account, and how much will it cost? You may elect any annual reimbursement amount subject to the maximum annual HCSA amount and the minimum reimbursement amount described in the Plan Information Summary. You will be required to pay the annual contribution equal to the coverage level you have chosen reduced by any Non-elective Employer Contributions allocated to your HCSA. Any change in your HCSA election also will change the maximum available reimbursement for the period of coverage after the election. Such maximum available reimbursements will be determined on a prospective basis only by a method determined by the Plan Administrator that is in accordance with applicable law. The Plan Administrator (or its designated Third Party Administrator) will notify you of the applicable method when you make your election change. Q-8. How are Health Care Spending Account benefits paid for under this Plan? When you complete the Salary Reduction Agreement or Election Form, you specify the amount of HCSA reimbursement you wish to pay for with Pretax Contributions and/or Non-elective Employer Contributions, to the extent available. Your enrollment materials will indicate if Non-elective Employer Contributions are available for HCSA coverage. Thereafter, each paycheck will be reduced by an amount equal to pro-rata share of the annual contribution, reduced by any Non-elective Employer Contributions allocated to your HCSA. Q-9. What amounts will be available for Health Care Spending Account Reimbursement at any particular time during the Plan Year? So long as coverage is effective, the full, annual amount of Health Care Spending Account reimbursement you have elected, reduced by the amount of previous HCSA reimbursements received during the Plan Year, will be available at any time during the Plan Year, without regard to how much you have contributed. Page 833 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 11 Q-10. How do I receive reimbursement under the Health Care Spending Account? If you elect to participate in the HCSA, you will have to take certain steps to be reimbursed for your Eligible Medical Expenses. When you incur an Eligible Medical Expense, you file a claim with the Plan's Third Party Administrator by completing and submitting a Request for Reimbursement Form. You may obtain a Request for Reimbursement Form from the Plan Administrator or the Third Party Administrator. You must include with your Request for Reimbursement Form a written statement from an independent third party (e.g. a receipt, EOB, etc.) associated with each expense that indicates the following: a. The nature of the expense (e.g. what type of service or treatment was provided). If the expense is for an over the counter drug, the written statement must indicate the name of the drug; b. The date the expense was incurred; and c. The amount of the expense. The Third Party Administrator will process the claim once it receives the Request for Reimbursement Form from you. Reimbursement for expenses that are determined to be Eligible Medical Expenses will be made as soon as possible after receiving the claim and processing it. If the expense is determined to not be an for reimbursement for Eligible Medical Expenses during the Plan Year in which they were incurred or during the Run Out Period. The Run Out Period is described in the Plan Information Summary. Q- Dependents that satisfies the following conditions: a. Th and b. The expense has not been reimbursed by any other sources, and you will not seek reimbursement for the expense from any other source. amounts incurred to diagnose, treat, or prevent a specific medical condition or for purposes of affecting any function or structure of the body. Not every health- beneficial health of you and/or your eligible Dependents (e.g., vitamins or nutritional supplements that are not taken to treat a specific medical condition) or for cosmetic purposes, unless necessary to correct a deformity arising from illness, injury, or birth defect. You may, in the discretion of the Third Party Administrator/Plan Administrator, be required to provide additional documentation from a health care provider showing that you have a medical condition and/or the particular item is necessary to treat a medical condition. Expenses for cosmetic purposes are also not reimbursable unless they are necessary to correct an abnormality caused by illness, injury, or birth defect. not reimbursable under any Health Care Spending Account (per Treasury regulations): a. Health insurance premiums; Page 834 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 12 b. Expenses incurred for qualified long-term care services; c. Effective January 1, 2011, expenses for a medicine or drug unless such medicine or drug is a prescribed drug (determined without regard to whether such drug is available without a prescription) or is insulin; and d. Any other expenses that are specifically excluded by the Employer. For a list of Eligible Medical Expenses, go to www.healthequity.com/qme and enter your user name and password. If you have opted for the HSA-Compatible or Limited Purpose Health Care Spending Account, then only those eligible dental and vision expenses may be paid under the Plan while your limited coverage is effective. Q-12. When must the expenses be incurred in order to receive reimbursement? Eligible Medical Expenses must be incurred during the Plan Year and while you are a Participant in the pay for an expense before you are provided the service or treatment, the e until you have been provided the service or treatment. Except as provided below, you may not be reimbursed for any expenses arising before the HCSA becomes effective, before your Salary Reduction Agreement or Election Form becomes effective, or for any expenses incurred after the close of the Plan Year, or, after a separation from service or loss of eligibility (except for expenses incurred during an applicable continuation period). Your Employer has established a “Grace Period” for the HCSA offered under the Flexible Benefits Plan that follows the end of the Plan Year during which amounts you have allocated to the HCSA that is unused at the end of the Plan Year may be used to reimburse Eligible Medical Expenses incurred during the grace period. The Grace Period will begin on the first day of the Plan Year following the effective date and will end two (2) months and fifteen (15) days later. For example, if the Plan Year ends December 31, 2025, the Grace Period begins January 1, 2026 and ends March 15, 2026. In order to take advantage of the Grace Period, you must be A Participant in the HCSA on the last day of the Plan Year to which the Grace Period relates, or A Qualified Beneficiary who is receiving continuation coverage under the HCSA on the last day of the Plan Year to which the Grace Period relates. The following additional rules will apply to the Grace Period: Eligible Medical Expenses incurred during a Grace Period and approved for reimbursement will be paid first from available amounts that were remaining at the end of the Plan Year to which the Grace Period relates and then from any amounts that are available to reimburse expenses incurred during the current Plan Year. Page 835 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 13 For example, assume that $200 remains in the HCSA sub-account at the end of the 2025 Plan Year and further assume that you have elected to allocate $2,400 to the HCSA for the 2025 Plan Year. If you submit for reimbursement an Eligible Medical Expense of $500 that was incurred on March 15, 2026, $200 of your claim will be paid out of the unused amounts remaining in the HCSA from the 2025 Plan Year and the remaining $300 will be paid out of amounts allocated to your HCSA for 2026. Expenses incurred during a Grace Period must be submitted before the end of the Run-Out Period described in this SPD. This is the same Run-Out Period for expenses incurred during the Plan Year to which the Grace Period relates. Any unused amounts from the end of a Plan Year to which the Grace Period relates that are not used to reimburse Eligible Medical Expenses incurred either during the Plan Year to which the Grace Period relates or during the Grace Period will be forfeited if not submitted for reimbursement before the end of the Run-Out Period. You may not use HCSA amounts to reimburse Eligible Employment Related Expenses and DCSA amounts may not be used to reimburse Eligible Medical Expenses. Q-13. What is the “Eligible Medical Expenses” I incur during the Plan Year are less than the annual amount I have elected for the Health Care Spending Account Reimbursement? You will not be entitled to receive any direct or indirect payment of any amount that represents the difference between the actual Eligible Medical Expenses you have incurred and the annual coverage level you have elected. Any amount allocated to a HCSA shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide reimbursement for Eligible Medical Expenses incurred during the Plan Year that are submitted for reimbursement within the Run-Out Period described in the Plan Information Summary. Amounts so forfeited shall be used to offset administrative expenses and future costs, and/or applied in a manner that is consistent with applicable rules and regulations (per the Plan Administrator’s sole discretion. The Plan Administrator will determine what this amount is on a uniform basis, consistent with applicable law and IRS interpretations. Notwithstanding any other provision of this Plan, an individual who has selected a Qualified Reservist Distribution shall be considered to have made such election as an alternative to continuation coverage or USERRA coverage continuation for the HCSA (except as may otherwise be required by applicable law). Q-14. What happens if a Claim for Benefits under the Health Care Spending Account is denied? You will have the right to a full and fair review process. You should refer to Appendix I for a detailed summary of the Claims Procedures under this Plan. Page 836 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 14 Q-15. What happens to unclaimed Health Care Spending Account Reimbursements? Any HCSA reimbursement benefit payments that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Eligible Medical Expense was incurred shall be forfeited. Q-16. What is Continuation Coverage? Federal law requires most private and governmental employers sponsoring group health plans to offer employees and their families the opportunity for a temporary extension of health care coverage (called otherwise end. These rules apply to this HCSA, unless the Employer sponsoring the HCSA is not subject - a church plan). The Plan Administrator can tell you whether the Employer is subject to federal continuation rules (thus subject to the following rules). These rules are intended to summarize the continuation rights set forth under federal law. If federal law changes, only the rights provided under applicable federal law will apply. To the extent that any greater rights are set forth herein, they shall not apply. When Coverage May Be Continued Only “Qualified Beneficiaries” are eligible to elect Continuation Coverage if they lose coverage as a result of a “Qualifying Event”. A “Qualified Beneficiary” is the Participant, covered Spouse and/or covered Dependent Child at the time of the Qualifying Event. A Qualified Beneficiary has the right to continue coverage if he or she loses coverage as a result of certain Qualifying Events. The table below describes the qualifying events that may entitle a Qualified Beneficiary to continuation coverage: Covered Employee Covered Spouse Covered Dependent employment or reduction in hours of employment X X X 2. Divorce or Legal Separation X 3. Child ceasing to be an eligible Dependent X 4. Death of the covered Employee X X There are special rules pertaining to Health Care Spending Accounts that determine when continuation coverage is extended. Continuation Coverage is only extended when year-to-date deposits exceed year-to- date claims paid. Type of Continuation Coverage If you choose Continuation Coverage, you may continue the level of coverage you had in effect immediately preceding the Qualifying Event. However, if Plan benefits are modified for similarly situated active Employees, then they will be modified for you and other Qualified Beneficiaries as well. Page 837 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 15 After electing Continuation Coverage, you will be eligible to make a change in your benefit election with respect to the HCSA upon the occurrence of any event that permits a similarly situated active Employee to make a benefit election change during a Plan Year. If you do not choose Continuation Coverage, your coverage under the HCSA will end with the date you would otherwise lose coverage. Notice Requirements You or your covered Dependents (including your Spouse) must notify the continuation coverage Administrator identified in the Plan Information Summary in writing of a divorce, legal separation, or a child losing Dependent status under the Plan within 60 days of the later of the date of the event or the date on which coverage is lost because of the event. Your written notice must identify the Qualifying Event, the date of the Qualifying Event, and the Qualified Beneficiaries impacted by the qualifying event. When the continuation coverage Administrator is notified that one of these events has occurred, the Plan Administrator will in turn notify you that you have the right to choose Continuation Coverage by sending you the appropriate election forms. Notice to an Employee's Spouse is treated as notice to any covered Dependents who reside with the Spouse. You may be required to provide additional supporting documentation. An Employee or covered Dependent is responsible for notifying the continuation coverage Administrator if he or she becomes covered under another group health plan. Election Procedures and Deadlines Each Qualified Beneficiary is entitled to make a separate election for continuation coverage under the Plan if they are not otherwise covered as a result of another Qualified Beneficiary’s election. In order to elect Continuation Coverage, you must complete the Election Form(s) within 60 days from the date you would lose coverage for one of the reasons described above or the date you are sent notice of your right to elect Continuation Coverage, whichever is later and send it to the continuation coverage Administrator identified in the Plan Information Summary. Failure to return the election form within the 60-day period will be considered a waiver of your Continuation Coverage rights. Cost You will have to pay the entire cost of your Continuation Coverage. The cost of your Continuation Coverage will not exceed 102% of the applicable premium for the period of Continuation Coverage. The first contribution after electing Continuation Coverage will be due 45 days after you make your election. Subsequent contributions are due the first day of each month; however, you have a 30-day grace period following the due date in which to make your contribution. Failure to make contributions within this time period will result in automatic termination of your Continuation Coverage. When Continuation Coverage Ends The maximum period for which coverage may be continued is the end of the Plan Year in which the Qualifying Event occurs. However, in certain situations, the maximum duration of coverage may be 18 or 36 months from the Qualifying Event (depending on the type of qualifying event and the level of Non- Page 838 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 16 elective Contributions provided by the Employer). You will be notified of the applicable maximum duration of Continuation Coverage when you have a Qualifying Event. Regardless of the maximum period, Continuation Coverage may end earlier for any of the following reasons: a. If the contribution for your Continuation Coverage is not paid on time or it is significantly insufficient (Note: if your payment is insufficient by the lesser of 10% of the required premium, or $50, you will be given 30 days to cure the shortfall); b. If you become covered under another group health plan and are not actually subject to a pre- existing condition exclusion limitation; c. If you become entitled to Medicare; or d. If the Employer no longer provides group health coverage to any of its Employees. Q-17. Will my health information be kept confidential? health privacy policies. Q-18. How long will the Health Care Spending Account remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the Plan or any of its Component Programs at any time and for any reason. as the HCSA and the Page 839 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 17 Group health plans and health insurance issuers generally may not, under federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, federal law generally does not prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours, as applicable). In any case, plans and issuers may not, under federal law, require that a provider obtain authorization from the plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). Page 840 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 18 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Dependent Care Spending Account Component Summary Q-1. Who can participate in the Dependent Care Spending Account? Each Employee who satisfies the DCSA Eligibility Requirements is eligible to participate in the DCSAon the DCSA Eligibility Date. The DCSA Eligibility Requirements and Eligibility Date are described in the Plan Information Summary. Q-2. How do I become a Participant? If you have otherwise satisfied the DCSA Eligibility Requirements, you become a Participant in the DCSA by electing Dependent Care Reimbursement benefits during the Initial or Annual Election Periods described in Q-6 of the Cafeteria Plan Component Summary. Your participation in the DCSA will be effective on the date that you make the election or your DCSA Eligibility date, whichever is later. See the Plan Information d you want to participate during the next Plan Year, you may be required to make an election during the Annual Election deemed to have elected to continue your Benefit Plan Option elections in affect as of the end of the Plan Year in which the Annual Election Period took place. You may also become a Participant if you experience a Change in Status Event or Cost or Coverage Change that permits you to enroll mid-year (See Q-7 of the Cafeteria Plan Component Summary for more details regarding mid-year election changes and the effective date of those changes). Q- If you elect t to keep a record of the reimbursements you are entitled to, as well as the contributions you elected to withhold for such benefits during the Plan Year. No actual account is established; it is merely a bookkeeping account. Q-4. When does my coverage under the Dependent Care Spending Account end? Your coverage under the DCSA ends on the earlier of the following to occur. See the Plan Information Summary for your Empl a. The date you elect not to participate in accordance with the Cafeteria Plan Component Summary; b. The last day of the Plan Year unless you make an election during the Annual Election Period; c. The date you no longer satisfy the DCSA Eligibility Requirements; d. The date you terminate employment; or Page 841 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 19 e. The date the Plan is terminated or you or the class of eligible Employees of which you are a member are specifically excluded from the Plan. Q-5. Can I ever change my Dependent Care Spending Account election? You can change your election under the DCSA in the following situations: a. For any reason during the Annual Election Period. You can change your election during the Annual Election Period for any reason. The election change will be effective the first day of the Plan Year following the end of the Annual Election Period. b. Following a Change in Status Event or Cost or Coverage Change . You may change your DCSA election during the Plan Year only if you experience an applicable Change in Status Event or there is a significant Cost or Coverage change. See Q-7 of the Cafeteria Plan Component Summary for more information on election changes. Q-6. What happens to my Dependent Care Spending Account if I take an unpaid leave of absence? Refer to the Cafeteria Plan Component Summary and the Election Change Chart to determine what, if any specific changes you can make during a leave of absence. Q-7. What is the maximum annual Dependent Care Spending Account Reimbursement that I may elect under the Dependent Care Spending Account? The annual amount cannot exceed the maximum DCSA reimbursement amount specified in Internal Revenue Code Section 129. The IRS Code Section 129 maximum amount is currently $5,000 percalendar year if you: a. Are married and file a joint return; b. Are married, but your Spouse maintains a separate residence for the last 6 months of the calendar year, you file a separate tax return, and you furnish more than one-half the cost of maintaining those Dependents for whom you are eligible to receive tax-free reimbursements under the DCSA; or c. Are single. If you are married and reside together, but file a separate federal income tax return, the maximum Dependent Care Spending Account Reimbursement that you may elect is $2,500. In addition, the amount of reimbursement that you receive on a tax-free basis during the Plan Year cannot exceed the lesser of the earned income (as defined in Code Section 32) or your Spouse earned income. Your Spouse will be deemed to have earned income of $250 if you have one Qualifying Individual and $500 if you have two or more Qualifying Individuals (described below), for each month in which your Spouse is: a. Physically or mentally incapable of caring for himself or herself; or b. A full-time student (as defined by Code Section 21). Page 842 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 20 Q-8. How do I pay for Dependent Care Spending Account Reimbursements? When you complete the Salary Reduction Agreement or Election Form, you specify the amount of DCSA Reimbursement you wish to pay for with Pretax Contributions and/or Non-elective Employer Contributions, to the extent available. Your enrollment material will indicate if Non-elective Contributions are available for DCSA coverage. Thereafter, each paycheck will be reduced by an amount equal to a pro- rata share of the annual contribution, reduced by any Non-elective Employer Contributions allocated to your DCSA. Q-9. - a reimbursement? You may be reimbursed for work-r -Related all of the following conditions for it to be an Eligible Employment Related Expense: a. The expense is incurred for services rendered after the date of your election to receive DCSA reimbursement benefits and during the calendar year to which it applies. b. Individual is: (i) An individual age 12 or under who is a "qualifying child" of the Employee as definedin Code Section 152(a)(1). Generally speaking, a "qualifying child" is a child (including a brother, sister, step sibling) of the Employee or a descendant of such child (e.g. a niece, nephew, grandchild) who shares the same principal place of abode with you for more than half the year and does not provide over half of his/her support. (ii) A Spouse or other tax Dependent (as defined in Code Section 152) who is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as you for more than half of the year. Note: There is a special rule for children of divorced parents. If you are divorced, the child Code Section 152); c. The expense is incurred for the care of a Qualifying Individual (as described above), or for related household services, and is incurred to enable you (and your Spouse, if applicable) to be gainfully employed. Expenses for overnight stays or overnight camps are not eligible. Tuition expenses for kindergarten (or above) do not qualify. d. If the expense is incurred for services outside your household and such expenses are incurred for the care of a Qualifying Individual who is age 13 or older, such Dependent must regularly spend at least 8 hours per day in your home. e. If the expense is incurred for services provided by a dependent care center (i.e., a facility that provides care for more than 6 individuals not residing at the facility), the center complies with all applicable state and local laws and regulations. Page 843 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 21 f. is under age 19 the entire year in which the expense is incurred or an individual for whom you or your Spouse is entitled to a personal tax exemption as a Dependent. g. You must supply the taxpayer identification number for each dependent care service provider to the IRS with your annual tax return by completing IRS Form 2441. for further guidance as to what is or is not an Eligible Employment-Related Expense if you have any doubts. In order to exclude from income the amounts you receive as reimbursement for dependent care expenses, you are generally required to provide the name, address, and taxpayer identification number of the dependent care service provider on your federal income tax return. Q-10. How do I receive reimbursement under the Dependent Care Spending Account? Under this DCSA, you have two reimbursement options. You can complete and submit a written Claim request payment directly to your work. When you incur an Eligible Employment-Related Expense, you file a claim with the Plan's Third Party Administrator by completing and submitting a Claim Form. You may obtain a Claim Form at www.healthequity.com. Simply enter your username and password, or select First Time User to complete the online registration process to access your account online. You must include with your Pay Me Back Claim Form a written statement from an independent third party (e.g., a receipt, etc.) associated with each expense that indicates the following: a. The date(s) the expense was incurred; b. The nature of the expense (e.g., what type of service was provided); and c. The amount of the expense. The Third Party Administrator will process the claim once it receives the Pay Me Back Claim Form from you. Reimbursement for expenses that are determined to be Eligible Employment-Related Expenses will be made as soon as possible after receiving the claim and processing it. If the expense is determined to not be an - must submit all claims for reimbursement for Eligible Employment-Related Expenses during the Plan Year in which they were incurred or during the Claim-It-By or Run-Out Period. The Run-Out Period is described in the Plan Information Summary. If your claim was for an amount that was more than your current DCSA balance, the excess part of the claim will be carried over into following months, to be paid out as your balance becomes adequate. without regard to whether you have paid for the service. Payments for advance services are not reimbursable because they have not yet been incurred. For example, Employee A pays the monthly day care fee on January 1 and then submits a copy of the receipt on January 3. The expense for the entire month is not reimbursable until the services for that month have been performed. In addition, you must certify with each claim that you have not been reimbursed for the expense(s) from any other source and you will not seek reimbursement from any other source. Page 844 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 22 Q-11. When must the expenses be incurred in order to receive reimbursement? Eligible Employment-Related Expenses must be incurred during the Plan Year. You may not be reimbursed for any expense arising before the DCSA become effective, before your Salary Reduction Agreement or Election Form becomes effective, or for any expenses incurred after the close of the Plan Year and unless noted otherwise in the Plan Information Summary, after your participation the DCSA ends. that follows the end of the Plan Year during which amounts you have allocated to the DCSA that is unused at the end of the Plan Year may be used to reimburse Eligible Employment Related Expenses incurred during the Grace Period. The Grace Period will begin on the first day of the Plan Year following the effective date and will end two (2) months and fifteen (15) days later. For example, if the Plan Year ends December 31, 2025, the Grace Period begins January 1, 2025 and ends March 15, 2026. In order to take advantage of the Grace Period, you must be a Participant in the DCSA on the last day of the Plan Year to which the Grace Period relates. The following additional rules will apply to the Grace Period: Eligible Employment Related Expenses incurred during a Grace Period and approved for reimbursement will be paid first from available amounts that were remaining at the end of the Plan Year to which the Grace Period relates and then from any amounts that are available to reimburse expenses incurred during the current Plan Year. For example, assume that $200 remains in the DCSA sub-account at the end of the 2025 Plan Year and further assume that you have elected to allocate $2,400 to the DCSA for the 2025 Plan Year. If you submit for reimbursement an Eligible Employment Related Expense of $500 that was incurred on the March 15, 2026, $200 of your claim will be paid out of the unused amounts remaining in the DCSA from the 2025 Plan Year and the remaining $300 will be paid out of amounts allocated to your DCSA for 2026. Expenses incurred during a Grace Period must be submitted before the end of the Run-Out Period described in this SPD. This is the same Run-Out Period for expenses incurred during the Plan Year to which the Grace Period relates. Any unused amounts from the end of a Plan Year to which the Grace Period relates that are not used to reimburse Eligible Employment Related Expenses incurred either during the Plan Year to which the Grace Period relates or during the Grace Period will be forfeited if not submitted for reimbursement before the end of the Run-Out Period. You may not use DCSA amounts to reimburse Eligible Medical Expenses and HCSA amounts may not be used to reimburse Eligible Employment Related Expenses. Page 845 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 23 Q- - than the annual amount of coverage I have elected for Dependent Care Spending Account Reimbursement? You will not be entitled to receive any direct or indirect payment of any amount that represents the difference between the actual Eligible Employment-Related Expenses you have incurred, on the one hand, and the annual DCSA reimbursement you have elected and paid for, on the other. Any amount credited to a DCSA shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide the elected reimbursement for any Plan Year by the end of the Claim-It-By or Run-Out Period following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used to offset reasonable administrative expenses and future costs and/or otherwise permitted under applicable law. Q-13. Will I be taxed on the Dependent Care Spending Account benefits I receive? You will not normally be taxed on your DCSA reimbursements so long as your family aggregate DCSA reimbursement (under this DCSA and/or ano reimbursement limits described above. However, to qualify for tax-free treatment, you will be required to list the names and taxpayer identification numbers on your annual tax return of any persons who provided you with dependent care services during the calendar year for which you have claimed a tax-free reimbursement. Q-14. If I participate in the Dependent Care Spending Account, will I still be able to claim the household and dependent care credit on my federal income tax return? You may not claim any other tax benefit for the tax-free amounts received by you under this DCSA, although the balance of your Eligible Employment-Related Expenses may be eligible for the dependent care credit. Q-15. What is the household and dependent care credit? The household and dependent care credit is an allowance for a percentage of your annual, Eligible Employment-Related Expenses as a credit against your federal income tax liability under the U.S. Tax Code. In determining what the tax credit would be, you may take into account $3,000 of such expenses for one Qualifying Individual, or $6,000 for two or more Qualifying Individuals. Depending on your adjusted gross income (AGI), the percentage could be as much as 35% of your Eligible Employment- Related Expenses (to a maximum credit amount of $1,050 for one Qualifying Individual or $2,100 for two or more Qualifying Individuals), to a minimum of 20% of such expenses. The maximum 35% rate must be reduced by 1% (but not below 20%) for each $2,000 portion (or any fraction of $2,000) of your adjusted gross incomes over $15,000 for taxable years beginning after 2002 and before 2013. Illustration: Assume you have one Qualifying Individual for whom you have incurred Eligible Employment-Related Expenses of $3,600, and that your adjusted gross income is $21,000. Since only one Qualifying Individual is involved, the credit will be calculated by applying the appropriate percentage to the first $3,000 of the expenses. The percentage is, in turn, arrived at by subtracting one percentage point from 35% for each $2,000 of your adjusted gross income over $15,000. The calculation is: 35% -- [$21,000 15,000)/$2,000 x 1% = 32%. Thus, your tax credit would be $3,000 x 32% = $960. If you Page 846 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 24 had incurred the same expenses for two or more Qualifying Individuals, your credit would have been $3,600 x 32% = $1,152, because the entire expense would have been taken into account, not just the first $3,000. Q-16. What happens to unclaimed Dependent Care Spending Account Reimbursements? Any DCSA reimbursements that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Eligible Employment-Related Expense was incurred shall be forfeited. Q-17. What happens if my claim for reimbursement under the Dependent Care Spending Account is denied? You will have the right to a full and fair review process. You should refer to Appendix I for a detailed summary of the Claims Procedures under this Plan. Q-18 How long will the Dependent Care Spending Account remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the program at any time for any reason. Page 847 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 25 PLAN INFORMATION SUMMARY TO THE CITY OF CHULA VISTA PLAN SUMMARY PLAN DESCRIPTION This Appendix provides information specific to the City of Chula Vista Cafeteria Plan. A. Employer/Plan Sponsor Information 1. Name, address and phone number of Plan Sponsor: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 619-691-5096 2. Name, address and phone number of Plan Administrator: The Plan Administrator shall have the exclusive right to interpret the Plan and to decide all matters arising under the Plan, including the right to make determinations of fact, and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and the SPD issued in connection with the Plan. City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 619-691-5096 3. Federal Tax Identification 95-6000690 4. Controlling Law: California 5. Plan Number: 501 6. Initial Effective Date: This is the date that the Plan was first established. Prior to 1991 7. Amended and Restated Date: January 1, 2025 8. Initial Plan Year: January 1 through December 31 9. All subsequent Plan Years (If different from 8) -- 10. Affiliated Employers participating in the Plan: N/A 11. Third Party Administrator: HealthEquity/ WageWorks, Inc. 1100 Park Place 4th Floor San Mateo, CA 94403 Page 848 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 26 B. Cafeteria Plan Component Information (a) Cafeteria Plan Eligibility Requirements and Eligibility Date. Each Employee who is a regular full-time or part-time Employee working a minimum of 20 hours per week and who is eligible for coverage or participation under any of the Benefit Plan Options (“Cafeteria Plan Eligibility Requirements”) will be eligible to participate in this Plan on the first day of their benefits eligibility date. The Employee’s commencement of participation in the Plan is conditioned on the Employee properly completing and submitting a Salary Reduction Agreement or Election Form as summarized in this SPD. Eligibility for coverage under any given Benefit Plan Option shall be determined not by this Plan but by the terms of that Benefit Plan Option. (b) Cafeteria Plan Annual Election Rules. With respect to Benefit Plan Option elections, including the HCSA and DCSA elections, failure to make an election during the Annual Election Period will result in the following deemed election(s): HCSA and DCSA - The Employee will be deemed to have elected not to participate during the subsequent plan year. Coverage under the Benefit Plan Options offered under the Plan will end the last day of the Plan Year in which the Annual Election Period occurred. Medical, Dental, and Vision - The Employee will be deemed to have elected to continue his Benefit Plan Option elections in effect as of the end of the plan Year in which the Annual Election Period took place, unless Employee notifies the company in writing of a qualifying status change or at any time before the end of the Plan Year for the following (c) Change of Election Period. If you experience a Change in Status Event or Cost or Coverage Change as described in the Cafeteria Plan Component Summary and in the Election Change Chart, you may make the permitted election changes described in the Election Change Chart either by submitting an Election Change Form within 30 days after the date of the event. If you are participating in an insured arrangement that provides a longer Election Change Period, the Election Change Period described in the insurance policy will apply. (d) Benefits Plan Options: The Employer elects to offer to eligible Employees the following Benefit Plan Option(s) subject to the terms and conditions of the Plan and the terms and conditions of the Benefit Plan Options. These Benefit Plan Option(s) are specifically incorporated herein by reference. The maximum Pretax Contributions a Participant can contribute via the Salary Reduction Agreement is the aggregate cost of the applicable Benefit Plan Options selected reduced by any Non-elective Contributions made by the Employer. It is intended that such Pretax Contribution Page 849 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 27 amounts will, for tax purposes, constitute an Employer contribution, but may constitute Employee contributions for state insurance law purposes. 1. Premium Expense Plan (Medical, Dental, Vision) 2. Health Care Spending Account 3. Dependent Care Spending Account C. Health Care Spending Account Component Information (a) HCSA Eligibility Requirements and Eligibility Date. Each Employee who is a regular full- time or part-time Employee working a minimum of 20 hours per week (HCSA Eligibility Requirements) is eligible to participate in the HCSA on their benefit eligibility date as defined in the employee’s Compensation Summary or MOU. (b) Annual Health Care Spending Account Amount. The maximum annual HCSA reimbursement may not exceed the lesser of the HCSA reimbursement amount elected for that year or $3,300. Effective January 1, 2025, the maximum annual HCSA reimbursement may not exceed the lesser of the HCSA reimbursement amount elected for that year or $3,300. (This amount is indexed to reflect any anticipated cost of living adjustment as assigned by the IRS). The minimum reimbursement amount that may be elected under the HCSA is $0. (c) Coverage Effective Date for Qualified Changes Coverage following a qualified life change will begin on the 1st day of the month following your request for new enrollment or change in enrollment. (d) Coverage End Date for Qualified Changes If coverage is revoked following a qualified life change, coverage will end on the last day of the current month of the request to revoke coverage. (e) Coverage End Date Under the Health Care Spending Account Coverage will end immediately upon cessation of participation under the HCSA. (f) Run-Out Period (Claim-It-By Date). The Claim-It-By Date/Run-Out Period is the deadline date in which expenses incurred during a coverage period must be submitted to be eligible for reimbursement. Claims must be received by this date to be eligible for reimbursement from the Plan. a. The Mid-Year Run-Out Period for terminated Employees ends 3 months after their termination date. b. The End-of-Plan Run-Out Period for an Employee who is covered through the end of the Plan Year ends 3 months after the end of the Plan Year. (g) Grace Period. The Grace Period is the two months and fifteen day period after the end of the Plan Page 850 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 28 Year for which Eligible Medical Expenses can continue to be incurred should a balance remain ithe account as of the last day of the Plan Year. Each Plan Year the Grace Period will begin January 1 and end March 15. All expenses incurred during the Grace Period with the intent to use up any monies from the previous Plan Year, must be submitted within the End-of-Plan Run-Out Period. (h) Continuation Coverage Administrator. The Continuation Coverage administrator for the HCSA is City of Chula Vista is HealthEquity/WageWorks. (i) Method of Funding. HCSA are paid from the Employer’s general assets. D. Dependent Care Spending Account Component Information (a) DCSA Eligibility Requirements and Eligibility Date. Each Employee who is a regular full-time or part-time Employee working a minimum of 20 hours per week (DCSA Eligibility Requirements) on their benefit eligibility date as defined in the employee’s Compensation Summary or MOU. (b) Annual Dependent Care Spending Account Amount. The maximum annual DCSA reimbursement each calendar year may not exceed the lesser of the DCSA reimbursement amount elected for that year or $5,000 (or $2,500 for married filling separate returns). The minimum reimbursement amount that may be elected under the DCSA is $0. (c) Coverage End Date Under the Dependent Care Spending Account. Coverage will end immediately upon cessation of participation under the DCSA. (d) Run-Out Period (Claim-It-By Date). The Claim-It-By Date/Run-Out Period is the deadline date in which expenses incurred during a coverage period must be submitted to be eligible for reimbursement. Claims must be received by this date to be eligible for reimbursement from the Plan. a. The Mid-Year Run-Out Period for terminated Employees ends 3 months after their termination date. b. The End-of-Plan Run-Out Period for Employees who are covered through the end of the Plan Year ends 3 months after the end of the Plan Year. (e) Method of Funding. DCSA benefits are paid from the Employer’s general assets. Page 851 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 29 APPENDIX I CLAIMS REVIEW PROCEDURE The Plan has established the following claims review procedure in the event you are denied a benefit under this Plan. The procedure set forth below does not apply to benefit claims filed under the Benefit Plan Options other than the Health Care Spending Account and Dependent Care Spending Account. Step 1: Notice of denial is received from Third Party Administrator. If your claim is denied, you will receive written notice from the Third Party Administrator that your claim is denied as soon as reasonably possible, but no later than 30 days after receipt of the claim. For reasons beyond the control of the Third Party Administrator, the Third Party Administrator may take up to an additional 15 days to review your claim. You will be provided written notice of the need for additional time prior to the end ofthe 30-day period. If the reason for the additional time is that you need to provide additional information, you will have 45 days from the notice of the extension to obtain that information. The time period during which the Third Party Administrator must make a decision will be suspended until the earlier of the date that you provide the information or the end of the 45-day period. Step 2: Review your notice carefully. Once you have received your notice from the Third Party Administrator, review it carefully. The notice will contain: a. The reason(s) for the denial and the Plan provisions on which the denial is based; b. A description of any additional information necessary for you to perfect your claim, why the information is necessary, and your time limit for submitting the information; c. A description of the appeal procedures and the time limits applicable to such procedures; and d. A right to request all documentation relevant to your claim. Step 3: If you disagree with the decision, file an appeal. If you do not agree with the decision of the Third Party Administrator, you may file a written appeal. Your appeal must be received within 180 days of the date you received notice that your claim was denied. You should submit all information identified in the notice of denial as necessary to perfect your claim and any additional information that you believe would support your claim to: WageWorks Claims Appeal Board, P.O. Box 991, Mequon, WI 53092-0991 or fax to 877-220-3248. The Appeal Review Process is documented at www.wageworks.com/hcdcappeals.pdf. Step 4: Second notice of denial is received from Third Party Administrator. If the claim is again denied, you will be notified in writing by the Third Party Administrator as soon as possible but no later than 30 days after receipt of the appeal. Step 5: Review your notice carefully. You should take the same action that you take in Step 2 described above. The notice will contain the same type of information that is provided in the first notice of denial provided by the Third Party Administrator. Step 6: the Plan Administrator. If you st to appeal, you must file a written appeal with the Plan Administrator within the time period set forth in the first level appeal denial notice from the Third Party Administrator. You should gather any Page 852 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 30 additional information that is identified in the notice as necessary to perfect your claim and any other information that you believe will support your claim. If the Plan Administrator denies your second level appeal, you will receive notice within 30 days after the Plan Administrator receives your claim. The notice will contain the same type of information that was referenced in Step 1 above. Important Information Other important information regarding your appeals: a. Health Care Spending Account Only: Each level of appeal will be independent from the previous level (i.e., the same person(s) or subordinates of the same person(s) involved in a prior level of appeal will not be involved in the appeal); b. On each level of appeal, the Third Party Administrator will review relevant information that you submit even if it is new information; and c. You cannot file suit in federal court until you have exhausted these appeals procedures. Page 853 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 32 APPENDIX II TAX ADVANTAGES EXAMPLE As indicated in the SPD, participating in the Plan can actually increase your take home pay. Consider the following example: You are married and have one child. The Employer pays for 80% of your medical insurance premiums, but only 40% for your family. You pay $2,400 in premiums ($400 for your share of the Employee-only premium, plus $2,000 for family coverage under the Employer's major medical insurance plan). Youearn $50,000 and your Spouse (a student) earns no income. You file a joint tax return. If you participate in the Cafeteria Plan If you do not participate in the Cafeteria Plan 1. Gross Income $50,000 $50,000 2. Salary Reductions for Premiums $2,400 (pretax) $0 3. Adjusted Gross Income $47,600 $50,000 4. Standard Deduction ($9,700) ($9,700) 5. Exemptions ($9,300) ($9,300) 6. Taxable Income $28,600 $31,000 7. Federal Income Tax (Line 6 x applicable tax schedule) ($3,590) ($3,904) 8. FICA Tax (7.65% x Line 3 Amount ($3,641) ($3,825) 9. After-tax Contributions ($0) ($2400) 10. Pay After Taxes and Contributions $40,365 $39,821 11. Take Home Pay Difference $544 Page 854 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 33 APPENDIX III ELECTION CHANGE CHART The following is a summary of the election changes that are permitted under this Plan. However, please note that election changes that are permitted under this Plan may not be permitted under the Benefit Plan Option (e.g., the insurance carrier may not allow a change). If a change is not permitted under a Benefit Plan Option, no election change is permitted under the Plan. Likewise, a Benefit Plan Option may allow an election change that is not permitted by this Plan. In that case, your pretax reduction may not be changed even though a coverage change is permitted. First, we describe the general rules regarding election changes that are established by the IRS. Then, you should look to the chart to determine under what circumstances you are permitted to make an election under this Plan and the scope of the changes you may make. 1. Change in Status. Dependent experiences one of the Change in Status Events set forth in the chart. The election change must be on account of and correspond with the Change in Status Event as determined by the Plan Administrator (or its designated Third Party Administrator). With the exception of enrollment resulting from birth, placement for adoption or adoption, all election changes are prospective (generally the first of the month following the date you make a new election with the Third Party Administrator but it may election change will be found to be consistent with a Change in Status Event if the event the Change in Status affects eligibility for coverage. A Change in Status affects eligibility for coverage if it results in an increase or decrease in the number of Dependents who may benefit under the Plan. In addition, you must also satisfy the following specific requirements in order to alter your election based on that Change in Status: Loss of Dependent Eligibility. For accident and health benefits (e.g., health, dental and vision coverage), a special rule governs which types of election changes are consistent with the Change in Status. For a Change in Status involving a divorce, annulment or legal separation, the death of a Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage, an election to cancel accident or health benefits for any individual other than the Spouse involved in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent that ceased to satisfy the eligibility requirements, would fail to correspond with that Change in Status. Hence, you may only cancel accident or health coverage for the affected Spouse or Dependent. However, there are instances in which you may be able to increase your Pretax Contributions to pay for continuation coverage of a Dependent. Contact the Third Party Administrator for more information. Example: Employee Mike is married to Sharon, and they have one child. The Employer offers a calendar year cafeteria plan that allows employees to elect no health coverage, employee- only coverage, employee-plus-one-dependent coverage, or family coverage. Before the plan year, Mike elects family coverage for himself, his wife Sharon, and their child. Mike and Sharon subsequently divorce during the plan year; Sharon loses eligibility for coverage under the plan, while the child is still eligible for coverage under the plan. Mike now wishes to cancel his previous election and elect no health coverage. The divorce between Mike and Sharon constitutes a Change in Status. An election to cancel coverage for Sharon is Page 855 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 34 consistent with this Change in Status. However, an election to cancel coverage for Mike and/or the child is not consistent with this Change in Status. In contrast, an election to change to employee-plus-one-dependent coverage would be consistent with this Change in Status . . For a Change in Status in which a the Particip or decrease coverage for that individual under the Plan would correspond with that Change in Status only if coverage for that individual becomes effective or is increa plan. Dependent Care Spending Account Benefits. With respect to the Dependent Care Spending Account benefit, an election change is permitted only if (1) such change or termination is made on account of and corresponds with a Change in Status that affects eligibility for coverage under the Plan; or (2) the election change is on account of and corresponds with a Change in Status that affects the eligibility of Dependent Care Spending Account expenses for the available tax exclusion. Example: Employee Mike is married to Sharon, and they have a 12 year-old daughter. The its cafeteria plan. Mike elects to reduce his salary by $2,000 during a plan year to fund dependent care coverage for his daughter. In the middle of the plan year when the daughter turns 13 years old, however, she is no longer eligible to participate in the dependent care program. This event constitutes a Change in Status. Mi the dependent care program would be consistent with this Change in Status. Group Term Life Insurance, Disability Income, or Dismemberment Benefits (if offered under the Plan. See the list of Benefit Plan Options offered under the Plan). For group term life insurance, disability income and accidental death and dismemberment benefits only if a Participant experiences any Change in Status (as described above), an election to either increase or decrease coverage is permitted. s plan offers a cafeteria plan which funds group-term life insurance coverage (and other benefits) through salary reduction. Before the plan year Mike elects $10,000 of group-term life insurance. Mike and Sharon subsequently divorce during the plan year. The divorce constitutes a Change in Status. An election by Mike either to increase or to decrease his group-term life insurance coverage would each be consistent with this Change in Status. 2. Special Enrollment Rights. If a Participant, Participant’s Spouse, and/or Dependent are entitled to special enrollment rights under a Benefit Plan Option that is a group health plan, an election change to correspond with the special enrollment right is permitted. Thus, for example, if an otherwise eligible Dependents because of outside medical coverage and eligibility for such coverage is subsequently lost due to certain reasons (e.g., due to legal separation, divorce, death, termination of employment, reduction in hours, or exhaustion of a coverage continuation period), Page 856 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 35 the Employee may be able to elect medical coverage under the Plan for the Employee and his or her eligible Dependents who lost such coverage. Furthermore, if an otherwise eligible Employee gains a new Dependent as a result of marriage, birth, adoption, or placement for adoption, the Employee may also be able to enroll the Employee, the Employee’s Spouse, and the Employee’s newly acquired Dependent, provided that a request for enrollment is made within the Change of Election Period. An election change that corresponds with a special enrollment must be prospective, unless the special enrollment is attributable to the birth, adoption, or placement for adoption of a child, which may be retroactive up to 30 days. Please refer to the group health plan summary description for an explanation of special enrollment rights. Effective April 1, 2009, if an otherwise eligible Employee (1) loses coverage under a Medicaid Plan under Title X(X of the Social Security Act; (2) loses coverage under State Children’s Health Insurance Program (SCHIP) under Title XXI of the Social Security Act; or (3) becomes eligible for group health plan premium assistance under Medicaid or SCHIP, the Employee is entitled to special enrollment rights under a Benefit Plan Option that is a group health plan, and an election change to correspond with the special enrollment right is permitted. Thus, for example, if an otherwise eligible Employee because of medical coverage under Medicaid or SCHIP and eligibility for such coverage is subsequently lost, the Employee may be able to elect medical coverage under a Benefit Option for the Employee and his or her eligible Dependents who lost such coverage. Furthermore, if an otherwise eligible Employee and/or Dependent gains eligibility for group health plan premium assistance from Dependent, provided that a request for enrollment is made within the 60 days from the date of the loss of other coverage or eligibility for premium assistance. Please refer to the group health plan summary description for an explanation of special enrollment rights. 3. Certain Judgments, Decrees and Orders. If a judgment, decree or order from a divorce, separation, annulment or custody change requires a Dependent child (including a foster child who is your tax Dependent) to be covered under this Plan, an election change to provide coverage for the Dependent child identified in the order is permissible. If the order requires that another individual (such as your former Spouse) cover the Dependent child, and such coverage is actually provided, you may change your election to revoke coverage for the Dependent child. 4. coverage. 5. Change in Cost. If the cost of a Benefit Plan Option significantly increases, a Participant may choose either to make an increase in contributions, revoke the election and receive coverage under another Benefit Plan Option that provides similar coverage, or drop coverage altogether if no similar coverage exists. If the cost of a Benefit Plan Option significantly decreases, a Participant who elected to participate in another Benefit Plan Option may revoke the election and elect to receive coverage provided under the Benefit Plan Option that decreased in cost. In addition, otherwise eligible Entitlement to Medicare or Medicaid. dicare Page 857 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 36 Employees who elected not to participate in the Plan may elect to participate in the Benefit Plan Option that decreased in cost. For insignificant increases or decreases in the cost of Benefit Plan Options, however, Pretax Contributions will automatically be adjusted to reflect the minor change in cost. The Plan Administrator will have final authority to determine whether the requirements of this section are met. (Please note that none of the above "Change in Cost" exceptions are applicable to a Health Care Spending Account.) Example: E insurance coverage. If the cost of this option significantly increases during a period of coverage, the Employee may make a corresponding increase in his payments or may instead revoke his election and elect coverage under an HMO option. 6. Change in Coverage. If coverage under a Benefit Plan Option is significantly curtailed, a Participant may elect to revoke his or her election and elect coverage under another Benefit Plan Option that provides similar coverage. If the significant curtailment amounts to a complete loss of coverage, a Participant may also drop coverage if no other similar coverage is available. Further, if the Plan adds or significantly improves a benefit option during the Plan Year, a Participant may revoke his or her election and elect to receive, on a prospective basis, coverage provided by the newly added or significantly improved option, so long as the newly added or significantly improved option provides similar coverage. Also, a Participant may make an election change that is on account of and corresponds with a change made under another employer plan (including a plan of the Employer or another employer), so long as: (a) the other employer plan permits its participants to make an election change permitted under the applicable Treasury regulations; or (b) the Plan Year for this Plan is different from the Plan Year of the other employer plan. Finally, a Participant may change his or her election to add individual(s) loses coverage under any group health coverage sponsored by a governmental or educational institution. The Plan Administrator will have final discretion to determine whether the requirements of this section are met. (Please note that none of the above "Change in Coverage" exceptions are applicable to the Health Care Spending Account.) The following is a chart reflecting the election changes that may be made under the Plan with respect to each Benefit Plan Option. In addition, election changes that are permitted under this Plan are subject to any limitations imposed by the Benefit Plan Options. If an election change is permitted by this Plan but not by the Benefit Plan Option, no election change under this Plan is permitted. Page 858 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 36 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage I. Change in Status 1. Gain Spouse Employee may enroll or increase election for newly eligible Spouse and Dependent children (Note: Under - interpretation, new and preexisting Dependents may be enrolled); coverage option (e.g., HMO to PPO) change may be made; Employee may revoke or decrease only when such coverage becomes effective or is increased under the S Also, see HIPAA special enrollment rule below. Same as previous Employee may Employee may enroll Employee may (marriage) column (Note: enroll or increase or increase to enroll, increase, HIPAA special election for newly accommodate newly decrease, or cease enrollment rights eligible Spouse or eligible Dependents or coverage even when likely do not apply). Dependents, or decrease or cease eligibility is not likely decrease coverage if new impacted. election if Spouse is not Employee or employed or makes a Dependents become DCSA coverage an eligible election under Dependent under plan (Note: HIPAA special enrollment rights likely do not apply). 2. Lose Spouse (divorce, legal Employee may revoke election only for Same as previous column (Note: Employee may decrease election Employee may enroll or increase to Employee may enroll, increase, separation, annulment, death of Spouse) (See loss of Dependent eligibility Spouse; coverage option (e.g., HMO to PPO) change may be made; Employee may HIPAA special enrollment rights likely do not apply). for former Spouse who loses eligibility (Note: HIPAA special accommodate newly eligible Dependents (e.g., due to death of spouse) or decrease or decrease, or cease coverage even when eligibility is not impacted. below for discussion of Dependent elect coverage for self or Dependents who enrollment rights likely do not cease coverage if eligibility is lost (e.g., eligibility loss following divorce, lose eligibility under apply). Employee may enroll or because Dependent now resides with ex- separation, etc.) individual loses increase election Spouse). eligibility as a result where coverage of the divorce, legal separation, annulment, health plan. or death. (Note: - any Dependents may be enrolled so long as at least one Dependent has lost coverage plan.) Page 859 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 37 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage 1. Gain Dependent (birth, adoption) Employee may enroll or increase coverage Same as previous column (Note: Same as previous column (Note: Employee may enroll or increase to accommodate newly eligible Dependents (and any other Dependents who were not previously covered under IRS - Employee may enroll, increase, for newly-eligible HIPAA special HIPAA special decrease, or cease Dependent (and any enrollment rights enrollment rights coverage even when other Dependents who likely do not likely do not eligibility is not were not previously apply). apply). impacted. covered under IRS - coverage option (e.g., HMO to PPO) change may be made; Employee may revoke or decrease if Employee becomes eligible under see HIPAA special enrollment rule below. 2. Lose Dependent (death) Employee may drop coverage only for the Same as previous column. Employee may decrease or cease Employee may decrease election for Employee may enroll, increase, Dependent who loses election for Dependent who loses decrease, or cease eligibility; coverage Dependent who eligibility. coverage even when option (e.g., HMO to PPO) change may be made. loses eligibility. eligibility is not impacted. C. Change in Employment Status of Employee, Spouse, or Dependent That Affects Eligibility 1. Commencement of Employment by Employee, Spouse, or Dependent (or Other Change in Employment Status) That Triggers Eligibility a. Commencement Provided eligibility Same as previous Same as previous Same as previous Employee may of Employment by Employee or was gained for this coverage, Employee column. column. column. enroll, increase, decrease, or cease Other Change in Employment may add coverage for Employee, Spouse or coverage even when eligibility is not Status (e.g., PT to FT, hourly to salaried, etc.) Dependents and coverage option (e.g., HMO to PPO) change impacted. Triggering Eligibility Under Component Plan may be made. Page 860 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 38 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage b. Commencement of Employment by Spouse or Dependent or Other Employment Event Triggering Eligibility Under Plan Employee may revoke or decrease election as if Employee, Spouse or Dependent is added coverage; coverage option (e.g., HMO to PPO) change may be made. Same as previous column. Employee may apparently decrease or cease HCSA election if gains eligibility for health coverage Employee may make or increase election to reflect new eligibility (e.g., if Spouse previously did not work). Employee may revoke election as to if Dependent is added Employee may enroll, increase, decrease or cease coverage even when eligibility is not impacted. 2. Termination of Employment by Employee, Spouse, or Dependent (or Other Change in Employment-Status) That Causes Loss of Eligibility a. Termination of Employee may revoke Same as previous Same as previous Employee may revoke Employee may or decrease election column. column. or decrease election to enroll, increase, Employment or Other Change in for Employee, Spouse or Dependents who reflect loss of eligibility. decrease or cease coverage even when Employment lose eligibility under eligibility is not Status (e.g., unpaid leave, FT the plan. In addition, other previously affected. to PT, strike, eligible Dependents salaried to hourly, may also be enrolled etc.) Resulting in a - Loss of Eligibility rule. Coverage option (HMO to PPO) change may be made. i. Termination and Rehire Within 30 Days Prior elections at termination are reinstated unless Same as previous column. Same as previous column. Same as previous column. Same as previous column. another event has occurred that allows a change (as an alternative, Employer may prohibit participation until next plan year). ii. Termination and Rehire After 30 Days Employee may make new elections. Same as previous column. Same as previous column. Same as previous column. Same as previous column. b. Termination of Employee may enroll Same as previous Employee may Employee may enroll Employee may or increase election for Employee, Spouse column (Note: HIPAA special enroll or increase HCSA election if or increase if Spouse or Dependent loses enroll, increase, decrease or cease Employment (or other change in employment status resulting in a loss of eligibility under or Dependents who lose eligibility under enrollment rights likely do not apply). Spouse or Dependent loses eligibility for health coverage (Note: HIPAA special eligibility for DCSA. Employee may decrease or cease DCSA election if even when eligibility is not affected. addition, other enrollment rights employment renders plan) previously eligible likely do not Dependents ineligible. Dependents may also apply). be enrolled under - Page 861 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage Coverage option (e.g., HMO to PPO) change may be made; See HIPAA special enrollment rule below. D. 1. Event by Which Dependent Satisfies Eligibility Requirements Under Employee may enroll or increase election for affected Dependent. In addition, Employee may apparently add previously eligible (but not enrolled) Dependents under - coverage option (e.g., HMO to PPO) change may be made. Same as previous column. Employee may increase election or enroll only if Dependent gains Employee may increase election or enroll to take into account expenses of Employee may enroll, increase, decrease or cease even when eligibility eligibility under affected Dependent. is not affected. (attaining a specified age, becoming single, becoming a student, etc.) HCSA. 2. Event by Which Dependent Ceases to Satisfy Eligibility Requirements Under Employee may decrease or revoke election only for affected Dependent. Same as previous column. Employee may decrease election to take into account ineligibility of Employee may decrease or drop election to take into account expenses of Employee may enroll, increase, decrease or cease coverage even when Coverage option (e.g., expenses of affected Dependent. eligibility is not (attaining a specified age, getting married, ceasing to be a student, etc.) HMO to PPO) change may be made. affected Dependent, but only if eligibility is lost. affected. E. Change in Place of Residence of Employee, Spouse, or Dependent 1. Move Triggers Eligibility Employee may enroll or increase election for newly eligible Employee, Spouse, or Dependent. Also, other previously eligible Dependents may be re-enrolled - rule; coverage option (e.g., HMO to PPO) change may be made. Same as previous column. No change allowed, even if underlying health coverage change occurs. N/A. Dependent care eligibility is not generally affected by place of residence (but see change in coverage below). Employee may increase or decrease eligibility is not affected. Page 862 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 41 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage 2. Move Causes Loss of Eligibility (e.g., Employee or Dependent moves outside HMO service area) Employee may revoke election or make new election if the change in residence affects eligibility for coverage option. Same as previous column. No change allowed, even if underlying health coverage change occurs. N/A. Dependent care eligibility is not generally affected by place of residence (but see change in coverage below). Employee may enroll, increase, decrease or cease even when eligibility is not affected. II. Cost Changes With Automatic Increase/Decrease in Elective Contributions (including Employer-motivated changes and changes in Employee contribution rates) Plan may automatically increase or decrease (on a reasonable and consistent basis) Same as previous column. No change permitted. Application is unclear. Presumably, plan may automatically increase or decrease (on a reasonable and consistent basis) Same as Major Medical column. elective contributions under the plan, so long as the terms of the plan require Employees to make such corresponding changes. elective contributions under the plan, so long as the terms of the plan require Employees to make such corresponding changes. III. Significant Cost Changes Significant Cost Same as previous No change Same as Major Same as Major Increase: Affected column. permitted. Medical column for Medical column. Employee may significant cost increase election increase, except no correspondingly OR change can be made revoke election and when the cost change elect coverage under is imposed by a another benefit plan Dependent care option providing provider who is a similar coverage. If relative of the no option providing Employee. similar coverage is available, Employee may revoke election. Significant Cost Decrease: Employees may elect coverage (even if had not participated before) with decreased cost, and may drop election for similar coverage Page 863 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 41 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage option. Though unclear, it appears that tag-along concepts may apply. IV. Significant Coverage Curtailment (With or Without Loss of Coverage) Without Loss of Same as previous No change Election change may Same as Major Coverage: Affected column. permitted. apparently be made Medical column. participant may whenever there is a revoke election for change in provider or curtailed coverage and a change in hours of make new prospective Dependent care. election for coverage under another benefit plan option which provides similar coverage. With Loss of Coverage: Affected participant may revoke election for curtailed coverage and make new prospective election for coverage under another benefit plan option which provides similar coverage OR drop coverage if no similar benefit plan option is available. V. Addition or Significant Improvement of Benefit Plan Option Eligible employees Same as previous No change Eligible employees Same as previous (whether currently column. permitted. (whether currently column. participating or not) participating or not) may revoke their may revoke their existing election and existing election and elect the newly added elect the newly added (or newly improved) (or newly improved) option. option. Though unclear, it appears that tag-along concepts may apply. Page 864 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 42 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage (In order for election changes to be permitted under this exception, the election change must be on account of and correspond with the change in coverage must permit elections specified under the applicable regulations and an election must actually be made under suc Employee may decrease or revoke election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding increased coverage under other Same as previous column. No change permitted. Employee may decrease or revoke election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding increased coverage under other Same as previous column. Employee may enroll or increase election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding decreased coverage under other plan. Same as previous column. No change permitted. Employee may increase election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding decreased coverage under other Same as previous column. C. Open Enrollment Under Plan of Other Employer Corresponding changes can be made plan. Corresponding changes can be made under No change permitted. Corresponding changes can be made plan. Corresponding changes can be made under plan. Page 865 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 44 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage VII. FMLA Leave (Employees can fund this coverage by (1) pre-paying their contribution obligations on a pre-tax basis (so long as the leave does not straddle two plan years); (2) making contributions on a month-by-month basis (pre-tax if they are receiving salary continuation payments); or (3) catching up on their contributions upon returning from the leave.) Employee can make same elections as employee on non- FMLA leave. In addition, an employer must allow an Employee on unpaid FMLA leave either to revoke coverage or to continue coverage but allow Employee to discontinue payment of his or her share of the contribution during the leave (the Employer may recover the contributions when the Employee returns to work). FMLA also allows an Employer to require that Employees on paid FMLA leave continue coverage if Employees on non- FMLA paid leave are required to continue coverage. Same as previous column. Same as previous column. Employee may revoke election and make another election as provided under FMLA. Same as previous column. Employee may make a new election if coverage terminated while on FMLA leave. In addition, an Employer may require an Employee to be reinstated in his or her Same as previous column. Same as previous column. Note that, upon return, an Employee whose coverage has lapsed has the right to resume coverage at prior coverage Employee may make a new election if coverage terminated while on FMLA leave. In addition, an Employer may require an Employee to be reinstated in his or her Same as previous column. Page 866 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 44 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage election upon return from leave if Employees who return from a non-FMLA paid leave are required to be reinstated in their elections. level (and make up unpaid premiums) or at a level reduced prorate for the missed contributions. election upon return from leave if Employees who return from a non-FMLA leave are required to be reinstated in their elections. IX. HIPAA Special Enrollment Rights (See related exception for addition of new Dependents) A. Special Enrollment for Loss of Other Health Coverage Employee may elect coverage for Employee, Spouse, or Dependent who has lost other coverage (COBRA coverage exhausted or terminated, no longer eligible for non- COBRA coverage or Employer contributions for non- COBRA coverage terminated, etc.) Though unclear, it appears that tag-along concepts may apply. No change permitted, unless plan is subject to HIPAA. No change permitted, unless HCSA is subject to HIPAA. No change permitted. No change permitted. B. Special Enrollment for Acquisition of New Dependent by Birth, Marriage, Adoption, or Placement for Adoption . retroactive to date of birth, adoption, e to date of birth, adoption, or placement for adoption. For marriage, coverage is effective prospectively.) Employee may elect coverage for Employee, Spouse, or Dependent. Example provides that election of coverage may also extend to previously eligible (but not yet enrolled) Dependents. No change permitted, unless plan is subject to HIPAA. No change permitted, unless HCSA is subject to HIPAA. No change permitted. No change permitted. Insurance under Title XXI of the Social Security Act, or eligibility for group health plan premium assistance. rth, adoption, or placement for adoption; Employee ma or placement for adoption.) Page 867 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 45 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage Employee may elect coverage for Employee, or Dependent. Unclear, but appears election of coverage may also extend to previously eligible (but not yet enrolled) Dependents. No change permitted, unless plan is subject to HIPAA. No change permitted, unless plan is subject to HIPAA. No change permitted. No change permitted. X. COBRA Events Employee may increase pre-tax contributions under coverage if COBRA event (or similar state law continuation coverage event) occurs with respect to the Employee, Spouse, or Dependents with respect to which the COBRA qualifying event occurred (such as a loss of eligibility for regular coverage due to loss of Dependent status or a reduction in hours, etc.) and if applicable, the individual still qualifies as a tax Dependent of Employee. Same as previous column. No change permitted. No change permitted. No change permitted. XI. Judgment, Decree, or Order Employee may change election to provide coverage for the child. Though unclear, it appears that tag-along concepts may apply. Same as previous column. Same as previous column. No change permitted. No change permitted. B. Order That Requires Spouse, Former Spouse, or Other Individual to Provide Coverage for the Child Employee may change election to cancel coverage for the child. Same as previous column. Same as previous column. No change permitted. No change permitted. Page 868 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 46 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage XII. Medicare or Medicaid or Medicaid. (Other than coverage solely for pediatric vaccines) Employee may elect to cancel or reduce coverage for Employee, Spouse, or Dependent, as applicable. Unlikely that Employee can elect to drop dental or vision coverage; presumably, Employee must retain coverage. Employee may apparently decrease or revoke election or increase election if HCSA is dropped due to Medicare/Medicaid and prior Employer coverage was more comprehensive. No change permitted. No change permitted. B. Employee, Spouse, or Dependent Loses Eligibility for Medicare or Medicaid. (Other than coverage solely for pediatric vaccines) Employee may elect to commence or increase coverage for Employee, Spouse, or Dependent, as applicable. Though unclear, it appears that tag-along concepts may apply. Unlikely that Employee can elect to add dental or vision coverage; presumably, Employee cannot. Employee may apparently increase or decrease or revoke election where Employer plan elected due to loss of eligibility for Medicare/Medicaid is more comprehensive than Medicare/Medicaid . No change permitted. No change permitted. Page 869 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda �ff.t_ -.-'id£Cf1YOF CHULA VISTA Attachment 3 VOLUNTARY PLAN HARTFORD PLAN DOCUMENT Established on January 1, 2018 and Restated on January 1, 2025 Human Resources Department City of Chula Vista Page 870 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 871 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 872 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 873 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 874 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 875 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 876 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 877 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 878 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 879 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 880 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 881 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 882 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 883 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 884 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 885 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 886 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 887 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 888 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 889 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 890 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 891 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 892 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 893 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 894 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 895 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 896 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 897 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 898 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 899 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda ## ### ### !##5# ### "### # Attachment 4 Page 900 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 901 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda EXHIBIT B PERIODIC FEES This rate includes the following services, more fully documented in Exhibit A and the Agreement: Service Rate (01/01/2024 through 12/31/2024) Eight-session Employee Assistance Program and Telephonic WorkLife services $ 3.07 per employee per month (01/01/2025 through 12/31/2025) Eight-session Employee Assistance Program and Telephonic WorkLife services $ 3.43 per employee per month Additional services not specifically covered by this contract will be billed at then current rates. Page 902 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 903 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 904 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 905 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 906 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 907 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 908 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 909 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 910 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 911 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 912 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 913 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 914 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 915 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 916 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 917 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 918 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 919 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 920 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 921 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 922 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 923 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 924 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 925 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 926 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 927 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 928 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 929 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 930 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 931 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 932 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 933 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 934 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 935 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 936 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 937 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 938 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 939 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 940 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 941 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Page 942 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2025 WHEREAS, the Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan offered by the City to its employees be in a written document formally adopted by the City Council on or before the first day of the plan year in order to be offered on a pre-tax basis; and WHEREAS, in June 1998, the City established its first Section 125 Cafeteria Benefits Plan; and WHEREAS, in compliance with Internal Revenue Code Section 125, the City Council annually adopts a written cafeteria benefits plan prior to the first day of the plan year; and WHEREAS, the first day of the City’s plan year is January 1, 2025; and WHEREAS, the 2025 Cafeteria Benefits Plan lays out how the City offers eligible employees the choice between cash and certain nontaxable benefits (such as health insurance), thereby allowing employees to pay for the benefits they choose on a pre-tax basis; and WHEREAS, the specific health plans offered and their structure are not part of the Cafeteria Benefit Plan document, and instead are included in what is known as the Summary Plan Document that was given to eligible employees as part of their open enrollment materials to assist them in making their benefit choices; and WHEREAS, the specific health plans offered and their structure are determined after our broker, Marsh and McLennan Agency, extensively markets and negotiates with providers to provide coverage comparable to the prior year while keeping the increase in costs to the City and its benefited employees to a minimum; and WHEREAS, all employee groups are advised of the offers and the plan structures that will provide the least increase in premium costs; and WHEREAS, under Section 125 of the Internal Revenue Code, an approved, written cafeteria plan is critical; and WHEREAS, a written cafeteria plan that does not comply with applicable requirements regarding content and timing of adoption does not qualify as a Section 125 Cafeteria Benefits Plan, rendering employees’ elections taxable; and WHEREAS, the City has timed its open enrollment period for the 2025 plan year to comply with these regulations and to meet provider cutoff deadlines for enrollment to ensure employees are covered without interruption; and Page 943 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. 2024-__________ Page 2 WHEREAS, the City’s 2025 Cafeteria Benefits Plan includes the following required information: description of available benefits, participation rules, election procedures, manner of contributions, maximum amount of contributions, the plan year, and the plans provisions for complying with flexible spending arrangements (FSAs). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby adopts the City of Chula Vista Cafeteria Benefits Plan for 2025, in the form presented with such minor modifications as may be approved by the City Manager, in consultation with the City Attorney. Presented by Approved as to form by Tanya Tomlinson Marco A. Verdugo Director of Human Resources/ City Attorney Risk Management Page 944 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. 2024-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A FOURTH AMENDMENT TO THE 2022-2024 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AMENDING MEDICAL BENEFITS PLANS FOR CALENDAR YEAR 2025 WHEREAS, in 2022, negotiating teams representing the City of Chula Vista (“City”) and the Local 2180, International Association of Fire Fighters (“Local 2180”) worked collaboratively toward the development of a mutually beneficial Memorandum of Understanding (MOU), which the parties entered into for the time period of July 1, 2022 to December 31, 2024; and WHEREAS, on July 12, 2022, the City Council approved the MOU between the City and Local 2180 related to wages and other terms and conditions of employment; and WHEREAS, in November 2024, the City and Local 2180 engaged in informal discussions and after good faith negotiations, an agreement was reached to amend the medical benefit plans for calen dar year 2025; and WHEREAS, the City and Local 2180 have agreed on the terms for amending the MOU to provide that: (i) Employees enrolled in the lowest cost, non-Kaiser, limited network HMO/limited network alternative plan will pay $50 per month and the City will pay the balance of the premium and (ii) for the 2025 benefits plan year only, the $50 per month premium will be waived if the Aetna Whole Health (AWH) Southern California HMO is elected; and WHEREAS, the above terms have been memorialized in the Fourth Amendment to the MOU, which is presented for City Council approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt the Second Amendment to the 2022-2024 Memorandum of Understanding between the City of Chula Vista and the Local 2180, International Association of Fire Fighters in substantially the form presented and that the City Manager may make such minor modifications as may be approved or required by the City Attorney’s Office. Presented by Approved as to form by Tanya Tomlinson Marco A. Verdugo Asst. Director of Human Resources/ City Attorney Risk Management Page 945 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Item 8.2 City Employee Benefits: Adopt the 2025 Cafeteria Benefits Plan Reflecting Health Insurance and Voluntary Insurance Benefits for Eligible City Employees and a Fourth Amendment to the IAFF Memorandum Of Understanding Presented By: Tanya Tomlinson, Director of Human Resources/Risk Management December 3, 2024Page 946 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Item 8.2 City Employee Benefits: 2025 Cafeteria Benefits Plan •Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan offered by the City to its employees be in a written document formally adopted by the City Council on or before the first day of the plan year. •The Cafeteria Benefits Plan Document is a written plan describing employee benefits available on a pretax basis (such as medical,dental,and/or vision insurance)while having the option to choose among at least one taxable benefit (such as voluntary health insurance coverage or a remaining eligible flex allotment amount). •The IAFF cost sharing for medical insurance must be included in the Cafeteria Benefits Plan Document. •A Fourth Amendment to the Memorandum of Understanding between the City and IAFF,Local 2180,amends the cost-sharing for a medical benefit plan in the 2025 calendar year. December 3, 2024 Page 947 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 0 5 P a g e | 1 December 3, 2024 ITEM TITLE Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending September 30, 2024 (First Quarter Report) and Appropriate Funds to Implement Required Budget Adjustments Report Number: 24-0275 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 State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Accept the quarterly financial report for the quarter ended September 30, 2024 (the “First Quarter Report”) and adopt a resolution making various amendments to the fiscal year 2024-25 budget and the fiscal year 2024-25 Capital Improvement Program 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 First Quarter Report is as of September 30, 2024, and is in compliance with Section 504 (f) of the City Charter, which requi res that quarterly financial reports be filed by the Director of Finance through the City Manager. In preparing the First 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 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 Page 948 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 to this report. This First 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 the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The First Quarter Report is developed using three months of actual activity for fiscal year 2024-25 as of September 30, 2024. The data in this report is the most current data available; however, due to the limited data available, in-depth year-end projections for departmental revenues and expenditures are not included in this report but will be provided in future quarterly financial reports. The focus instead is on the General Fund’s Major Revenues and Personnel Services, as well as any known Non-Personnel Expenditure needs. As a result of the limited information, the projections are likely to change as the year progresses. 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 updated projections in subsequent quarterly financial reports. General Fund Overview As of the Quarter ended, September 30, 2024, expenditures are projected to exceed the Amended Budget by $11.5 million. This amount is offset in full by projected revenues, resulting in no net impact to the General Fund reserves. The proposed adjustments primarily reflect one-time revenues being applied to capital projects. There are unknown political and economic variables that may affect the General Fund such as the presidential election, changes to inflation, interest rates, unemployment, and other financial uncertainties. Staff will continue to monitor and will provide updates in future quarterly financial reports. Page 949 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 3 Fiscal Year 2024-25 General Fund Overview Table 1 in millions Adopted Budget Amended Budget Year-end Projection Variance Revenue Source Major Discretionary Revenues Property Tax $ 52.0 $ 52.7 $ 52.7 $ - Property Tax in lieu of VLF 31.1 31.1 31.5 0.5 Sales Tax 48.0 48.0 48.0 - Measure P Sales Tax 29.3 29.3 29.3 - Measure A Sales Tax 29.3 29.3 29.3 - Franchise Fees 15.1 15.1 15.1 - Transient Occupancy Tax 10.0 10.0 10.0 - Utility User Tax 3.9 3.9 3.9 - Major Discretionary Revenues Subtotal 218.6 219.3 219.8 0.5 Other General Fund Revenues Other Revenues 55.5 55.5 66.6 11.0 Other General Fund Revenues Subtotal 55.5 55.5 66.6 11.0 Total Revenues/Sources $ 274.1 $ 274.8 $ 286.3 $ 11.5 Expenditures Personnel Services $ 146.9 $ 147.5 $ 147.9 $ (0.4) Non-Personnel Supplies and Services 25.7 28.7 29.1 (0.4) Other Expenses 2.2 5.5 5.6 (0.2) Transfers Out 87.7 87.7 98.3 (10.6) Internal Service 4.6 4.6 4.6 - Utilities 6.8 6.8 6.8 - Other Expenditures Category 0.2 0.8 0.8 - Total Non-Personnel 127.2 134.2 145.3 (11.1) Total Expenditures $ 274.1 $ 281.7 $ 293.2 $ (11.5) Use of Prior Year Fund Balance $ - $ (6.8) $ (6.8) $ - Total General Fund Surplus/(Deficit) $ - $ - $ - $ - Contribution to Reserves per Policy - - - - Total General Fund Surplus/(Deficit) $ - $ - $ - $ - 1 Variance compares the Amended Budget and the Year-End Projection. 2 Other Expenditures Category includes: Other Capital, Non-CIP Projects Expenditures and CIP Project Expenditures. *Tables may not tie due to rounding Page 950 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 4 General Fund Revenues As shown in Table 1 above, the City’s General Fund revenues are projected to exceed the Amended Budget by approximately $11.5 million. This is due to increased Property Tax in-lieu of VLF and Other Revenues. The Property Tax in-lieu of VLF will exceed the Amended Budget by approximately $0.5 million based on the updated information provided by the County of San Diego. The Other Revenues category is projected to exceed the Amended Budget by $11.0 million primarily in the Transfer In, Other Revenues and Licenses and Permits categories associated with the American Rescue Plan Act ($10.6 million), bayfront development reimbursements in the Engineering and Capital Projects Department and additional departmental revenue in the Fire Department. General Fund Expenditures The City’s General Fund expenditures exceeded the Amended Budget by $11.5 million, primarily in the Transfers Out, Personnel Services and Supplies and Services categories. The overage in the Transfer Out category is due to a transfer to the Capital Improvement Projects Fund for various projects discussed later in the report for approximately $10.4 million. The Personnel Services category of $0.4 million is mainly due to projected overtime overages in the Police Department. These increases are expected to be offset by savings in other departments detailed in the Departmental Expenditures section below. Additionally, the Supplies and Services category is projected to exceed budget by $0.4 million, primarily due to reimbursable expenditures related to the bayfront development. Departmental Revenues and Expenditures Departmental Revenues Table 2 below provides the Amended General Fund revenues budget, projected year-end revenues, and the variance (difference) between both at the department level. Fiscal Year 2024-25 General Fund Departmental Revenues Table 2 in thousands Department Amended Budget Year-end Projection Variance City Clerk $ 35.8 $ 35.8 $ - City Attorney 382.3 382.3 - Administration 55.8 55.8 - Information Technology 306.8 306.8 - Human Resources 629.5 629.5 - Finance 1,594.5 1,594.5 - Non-Departmental 235,855.1 246,934.6 11,079.6 Animal Care Facility 1,373.5 1,373.5 - Economic Development 767.2 566.2 (201.0) Development Services 2,213.9 2,213.9 - Engineering/Capital Projects 9,066.5 9,429.2 362.8 Police 6,086.2 6,086.2 - Fire 3,545.2 3,752.6 207.4 Public Works 8,017.1 8,056.5 39.5 Parks and Recreation 4,091.5 4,091.5 - Library 829.6 829.6 - Total Departmental Revenue $ 274,850.5 $ 286,338.6 $ 11,488.2 Page 951 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 5 The largest variance in General Fund Departmental Revenues is expected to be in Non-Departmental and Engineering and Capital Projects Departments. Non-Departmental is where the major discretionary revenues are recorded, including Sales Tax, Measure A Sales Tax, Measure P Sales Tax, and Property Tax in Lieu of VLF; the projected variance is a positive $11.1 million, due to increased Property Tax in Lieu of VLF and transfer in from the American Rescue Plan Act ($10.6 million). The Engineering and Capital Projects Department’s positive variance of $0.4 million is due to reimbursements associated with the bayfront development. Departmental Expenditures Table 3 below provides the Amended General Fund expenditure budget, projected year-end expenditures, and the variance (difference) between both at the department level. Fiscal Year 2024-25 General Fund Departmental Expenditures Table 3 in thousands Department Amended Budget Year-end Projection Variance City Council $ 1,712.4 $ 1,712.4 $ - Boards & Commissions 10.1 10.1 - City Clerk 1,567.5 1,567.5 - City Attorney 3,901.3 3,133.4 767.9 Administration 3,205.7 2,789.8 415.9 Information Technology 4,759.6 4,759.6 - Human Resources 4,024.9 4,024.9 - Finance 5,114.3 5,114.3 - Non-Departmental 104,495.7 115,119.3 (10,623.6) Animal Care Facility 3,753.6 3,753.6 - Economic Development 1,464.3 1,263.3 201.0 Development Services 3,314.6 3,146.8 167.8 Engineering/Capital Projects 12,089.3 11,937.0 152.4 Police 59,558.6 61,881.3 (2,322.6) Fire 37,443.5 37,650.9 (207.4) Public Works 25,070.9 25,110.4 (39.5) Parks and Recreation 6,011.5 6011.5 - Library 4,174.8 4,174.8 - Total Expenditure Budget $ 281,672.7 $ 293,160.9 $ (11,488.2) Departments that are projected to exceed their Amended Budget expenditure amounts will be mitigated by savings from other General Fund departments and additional anticipated revenues. The recommended budget amendments are reflected in the General Fund Adjustments section of this report. Significant variances between budgeted and projected expenditures include the following:  The Police Department reflects a negative variance of $2.3 million which is mainly driven by an increase in overtime costs. The Finance Department is currently in the process of hiring a consultant to review overtime usage to determine whether there are structural budgetary issues to be Page 952 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 6 addressed. Additionally, there are other personnel cost increases per the POA MOU approved in May, that due to timing, were not included in the fiscal year 2024-25 Adopted Budget.  The Non-Departmental negative variance of $10.6 million is primarily due to the Transfer Out category for the Chula Vista Housing Authority Fund for staff time reimbursements, maintenance contract increases for various Open Space District Funds and Capital Improvement Projects.  The City Attorney, Administration, Economic Development, Development Services and Engineering/Capital Projects Department’s combined positive variance of approximately $1.7 million is driven by department vacancies resulting in anticipated salary savings. Fiscal Year 2024-25 Budget Adjustments Staff is recommending 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 revenues and increased expenditures where needed to address unanticipated expenditure category overages and ensure accurate year-end reporting. The recommended budget adjustments are shown in the Table 4 below. Table 4 DEPARTMENT PERSONNEL NON-PERSONNEL TOTAL TOTAL SERVICES EXPENDITURES EXPENDITURES REVENUE NET IMPACT GENERAL FUND Non-Departmental $ 28,050 $ 10,595,560 $ 10,623,610 $ (11,079,572) $ (455,962) Economic Development (743,544) (12,004) (755,548) 201,000 (554,548) Development Services (167,775) - (167,775) - (167,775) Engineering/Capital Projects - 362,774 362,774 (362,774) - Police 436,444 187,293 623,737 - 623,737 Fire 394,361 (187,005) 207,356 (207,356) - Public Works 580,544 13,458 594,002 (39,454) 554,548 TOTAL GENERAL FUND $ 528,080 $ 10,960,076 $ 11,488,156 $(11,488,156) $ - Non-Departmental: Increase to Personnel Services and Non-Personnel Expenditures for total increased appropriations of $10,623,610. These increases are primarily due to transfers to the Capital Improvement Projects Fund, Chula Vista Housing Authority Fund for staff time reimbursements, and various Open Space District funds for operational needs. These increases are completely offset with increased estimated revenues specifically the Property Tax in Lieu of VLF and Transfers In categories. Engineering/Capital Projects: Increase in Supplies & Services of $362,774 for additional operational needs related to the bayfront development offset by an increase in estimated revenues. Police: Increase to Personnel Services and Non-Personnel Expenditures for a total increase to appropriations of $623,737. These increases are due to POA MOU contract increases and an increase for the Mobile Data Computer agreement and are completely offset with anticipated expenditure savings and revenues within other General Fund Departments. Due to the pending overtime audit, staff is not recommending any budget amendments for overtime costs with this action. This will be addressed in future quarterly reports. Page 953 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 7 Fire: Increase to Personnel Services offset by a decrease to Non-Personnel Expenditures for a net increase to appropriations of $207,356. These increases are due to Fire Academy costs and are completely offset with additional revenues received for permit fees. Public Works: Increase to Personnel Services and Non-Personnel Expenditures for a total increase to appropriations of $594,002. These increases are due to the transfer of the Sustainability function from the Economic Development Department to Public Works and overtime costs that are offset with additional anticipated revenues within the Public Works Department. Other Fund Adjustments The following recommended adjustments are for funds outside of the General Fund. The proposed adjustments are displayed in Table 5 below. The proposed adjustments are offset by additional current year revenues or the available fund balance of the respective funds. Table 5 PERSONNEL NON- PERSONNEL TOTAL TOTAL SERVICES EXPENDITURES EXPENDITURES REVENUE NET IMPACT OTHER FUNDS 2016 Measure P Sales Tax $ - $ 3,082,617 $ 3,082,617 $ - $ 3,082,617 2018 Measure A Sales Tax 390,610 (270,610) 120,000 - 120,000 Parking Meter - 72,317 72,317 (193,379) (121,062) Donations - 73,203 73,203 (73,203) - American Rescue Plan Act 2021 - (5,588,978) (5,588,978) - (5,588,978) Other Grants - 125,000 125,000 (20,000) 105,000 Local Grants - 700,000 700,000 - 700,000 Federal Grants 32,380 343,900 376,280 (76,280) 300,000 State Grants (19,558) 1,644,029 1,624,471 (1,611,261) 13,210 Environmental Services - (201,000) (201,000) - (201,000) Chula Vista Housing Authority - - - (137,596) (137,596) Section 115 Trust 7,000,000 - 7,000,000 - 7,000,000 Open Space District #02 - 9,300 9,300 (9,300) - Open Space District #03 - 14,100 14,100 (14,100) - Open Space District #04 - 3,000 3,000 (3,000) - Open Space District #08 - 23,300 23,300 (23,300) - Open Space District #11 - 38,900 38,900 (38,900) - Open Space District #15 - 6,600 6,600 (6,600) - Open Space District #20 - 2,600 2,600 (2,600) - Living Coast Discovery Center - 200,000 200,000 (200,000) - Capital Improvement Projects - 12,593,879 12,593,879 (16,648,227) (4,054,348) TOTAL OTHER FUNDS $ 7,403,432 $ 12,872,157 $ 20,275,589 $ (19,057,746) $ 1,217,843 Measure P Sales Tax: Increase to Non-Personnel Expenditures of $3,082,617 of which $345,262 is for a transfer for Radio Communication System (RCS) lease and an increase to CIP expenditures related to two projects, GGV0247, Loma Verde and DRN0221 for Hilltop Slope Stabilization. These items will be presented to the Citizen’s Oversight Committee in January 2025. Page 954 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 8 Measure A Sales Tax: Increase to Personnel and Non-Personnel Expenditures of $120,000 of which $270,610 is a transfer of expenditures to align the Fire Academy budget to the Measure A expenditure plan and $120,000 is for drone expenses approved by Citizen’s Oversight Committee for the Police Department. Parking Meter: Increase appropriations by $72,317 for parking garage maintenance expenses offset with an increase to estimated revenues of $193,379 based on recently adopted rate increases and revenue growth. Donations: Increase of $73,203 to Non-Personnel Expenditures for various donations received. American Rescue Plan Act 2021: Decrease of $5,588,978 to Non-Personnel Expenditures to align budget with the expenditure plan. Other Grants: Increase of $125,000 to Non-Personnel Expenditures of which $105,000 is appropriated from fund balance and an increase of estimated revenues of $20,000 received from tuition (fees charged by the Fire Department for trainings offered to other agencies and City staff). Local Grants: Increase of $700,000 to Non-Personnel Expenditures from fund balance for Police Department’s Body Worn Camera program. Federal Grants: Increase of $376,289 to both Personnel and Non-Personnel Expenditures offset by an increase to estimated revenues of $76,280 to align budgets to grant awards. State Grants: Overall increase of $1,624,471 in total expenditures offset by an increase to estimated revenues of $1,611,261 to align budgets to grant awards. Environmental Services: Decrease of $201,00 to Non-Personnel Expenditures to correct baseline transfer out for overhead costs. Chula Vista Housing Authority: Increase estimated revenues of $137,596 in the Transfer In category for staff time reimbursements. Section 115 Trust: Increase to Non-Personnel Expenditures by $7,000,000 for UAL discretionary payment. Open Space District (02, 04, 08, 11, 15, and 20): Increase of a total $97,800 to Non-Personnel Expenditures offset with estimated revenues of $97,800 for maintenance contract increases. Living Coast Discovery Center: Increase of $200,000 to Non-Personnel Expenditures offset with estimated revenues of $200,000 due to insurance claims. Capital Improvement Projects Fund: Increase of Non-Personnel Expenditures for CIP Project expenditures of $12,593,879 offset by an increase in estimated revenue of $16,648,227. The difference of $4,054,348 is anticipated to be used for the Millenia Library project. Capital Improvement Project budget amendments: Transportation Grants-Gas Tax: Transfer of expenditures from project STL0471 to project STL0456 for additional tree removal and replacements of $200,000. Page 955 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 9 Capital Improvement Projects Fund: Details outlined in the chart below: NON- PERSONNEL TOTAL TOTAL PROJECT EXPENDITURES EXPENDITURES REVENUE NET IMPACT CTY0238 $ 1,385,990 $ 1,385,990 $ (1,360,990) $ 25,000 BGP0393 (25,000) (25,000) - (25,000) CTY0239 2,445,000 2,445,000 (2,420,000) 25,000 BGP0393 (25,000) (25,000) - (25,000) CTY0240 340,000 340,000 (315,000) 25,000 BGP0393 (25,000) (25,000) - (25,000) PROJECT $ 4,095,990 $ 4,095,990 $ (4,095,990) $ - American Rescue Plan Act (ARPA) Obligation Deadline Requirements As the obligation period for the ARPA funds comes to an end, s taff is recommending that the City Council authorize the City Manager to amend the fiscal year 2024-25 budget and approve any necessary adjustments to the American Rescue Plan Act (ARPA) related to ARPA adjustments that may occur after this reporting period. This is to ensure adherence to the Treasury obligation deadline of December 31, 2024, per the Obligation Interim Final Rule in 31 CFR 35.3 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). All funds must be obligated by recipients within the statutory period between March 3, 2021 and December 31, 2024 and expended to cover such obligations by December 31, 2026. Staff recommends that the Director of Finance report to the City Council any further amendments to the fiscal year 2024-25 budget and adjustments to the American Rescue Plan Act approved by the City Manager in the next quarterly financial report. 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 First Quarter Report presents projected revenue and expenditure amounts as of September 30, 2024, with updates through November 7, 2024. Approval of the resolution amending the fiscal year 2024 -25 budget will result in the following impacts: General Fund – The proposed adjustments result in no net fiscal impact to the fiscal year 2024-25 budget. This includes an increase in General Fund appropriations of approximately $11,488,156 offset by an increase in estimated revenues of $11,488,156. These are primarily one-time funds that will be applied to capital projects. Page 956 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 10 Other Funds – The proposed adjustments result in a net negative impact to the fiscal year 2024-25 budget of the Other (non-General Fund) Funds of $1,217,843. This includes an increase in appropriations of approximately $20,275,589 and an increase in estimated revenues of $19,057,746. ONGOING FISCAL IMPACT Staff will review the impacted budgets to identify potential ongoing impacts and may recommend budgetary adjustments to Council during fiscal year 2024-25. ATTACHMENTS 1. General Fund Budget Transfers 2. General Fund Budget Amendments Staff Contact: Sarah Schoen, Director of Finance/Treasurer Ed Prendell, Budget and Analysis Manager Page 957 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Attachment 1 Department From To Reason Amount Public Works Salaries Contracted Services Nova Contract 75,000$ Public Works Salaries Contracted Services Custodial Services - Window Washing 23,005 Public Works Contracted Services Automotive Equipment Park Ranger Supervisor Vehicle 75,000 Total General Fund Budget Transfers 173,005$ GENERAL FUND BUDGET TRANSFERS Approved by Administration Fiscal Year 2024-2025 (as of 9/30/24) Page 958 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Attachment 2 Resolution Date Budget Amendments Revenue Expenditu re Net Impact 2024‐173 8/13/2024 Human Relations Commission (Admin)5,000$ 5,000$ ‐$ 2024‐178 8/20/2024 ACE MOU Appropriations (Various)704,462 704,462 ‐ 2024‐186 9/17/2024 Personnel Appropriations (Council, Non‐Dept)16,981 16,981 ‐ Total General Fund Budget Amendments $ 726,443 $726,443 $ ‐ General Fund Budget Amendments Fiscal Year 2024‐2025 (as of September 30, 2024) Page 959 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2024-25 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 September 30, 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 appropriations by $11,488,156 and estimated revenues by $11,488,156 to various departments in the General Fund, resulting in no net fiscal impact to the General Fund; and WHEREAS, the Parking Meter Fund, American Rescue Plan Act 2021 Fund, Environmental Services Fund, Chula Vista Housing Authority Fund, and Capital Improvement Projects Fund will be positively impacted as a result of increased revenue estimates resulting from the recommended changes; and WHEREAS, the 2016 Measure P Sales Tax Fund, 2018 Measure A Sales Tax Fund, Other Grants Fund, Local Grants Fund, Federal Grants Fund, State Grants Fund and Section 115 Trust Fund will be negatively impacted due to adjustments that will increase appropriations that will be made from the available balances of these funds or increased estimated revenues; and WHEREAS, the recommended adjustments to the Donations Fund, Open Space District #02 Fund, Open Space District #03 Fund, Open Space District #04 Fund, Open Space District #08 Fund, Open Space District #11 Fund, Open Space District #15 Fund, Open Space District #20 Fund and Living Coast Discovery Center Fund, will result in no fiscal impact; and WHEREAS, staff recommends that the City Council authorize the City Manager to amend the fiscal year 2024-25 budget and approve adjustment to the American Rescue Plan Act (ARPA) as well as other various funds related to ARPA adjustments in order to ensure that funds are fully obligated by the Treasury obligation deadline of December 31, 2024 per Treasury’s Obligation Interim Final Rule in 31 CRF 35.3 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). WHEREAS, staff recommends that the Director of Finance report any further amendments to the fiscal year 2024-25 budget and adjustments to the American Rescue Plan Act approved by the City Manager in the next quarterly financial report; and Page 960 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. ________ Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend the Fiscal Year 2024-25 budget and approves the following appropriations and transfers: Summary of General Fund Appropriations and/or Transfers General Fund Budget Amendments Summary – 1st Quarter Fiscal Year 2024-25 DEPARTMENT PERSONNEL NON- PERSONNEL TOTAL TOTAL SERVICES EXPENSES EXPENSE REVENUE NET IMPACT GENERAL FUND Non-Departmental $ 28,050 $ 10,595,560 $ 10,623,610 $ (11,079,572) $ (455,962) Economic Development (743,544) (12,004) (755,548) 201,000 (554,548) Development Services (167,775) - (167,775) - (167,775) Engineering/Capital Projects - 362,774 362,774 (362,774) - Police 436,444 187,293 623,737 - 623,737 Fire 394,361 (187,005) 207,356 (207,356) - Public Works 580,544 13,458 594,002 (39,454) 554,548 TOTAL GENERAL FUND $ 528,080 $ 10,960,076 $ 11,488,156 $(11,488,156) $ - Summary of Appropriations and/or Transfers for Other Funds Other Funds Budget Amendments Summary – 1st Quarter Fiscal Year 2024-25 PERSONNEL NON- PERSONNEL TOTAL TOTAL SERVICES EXPENSES EXPENSE REVENUE NET IMPACT OTHER FUNDS 2016 Measure P Sales Tax $ - $ 3,082,617 $ 3,082,617 $ - $ 3,082,617 2018 Measure A Sales Tax 390,610 (270,610) 120,000 - 120,000 Parking Meter - 72,317 72,317 (193,379) (121,062) Donations - 73,203 73,203 (73,203) - American Rescue Plan Act 2021 - (5,588,978) (5,588,978) - (5,588,978) Other Grants - 125,000 125,000 (20,000) 105,000 Local Grants - 700,000 700,000 - 700,000 Federal Grants 32,380 343,900 376,280 (76,280) 300,000 State Grants (19,558) 1,644,029 1,624,471 (1,611,261) 13,210 Environmental Services - (201,000) (201,000) - (201,000) Chula Vista Housing Authority - - - (137,596) (137,596) Section 115 Trust 7,000,000 - 7,000,000 - 7,000,000 Open Space District #02 - 9,300 9,300 (9,300) - Open Space District #03 - 14,100 14,100 (14,100) - Open Space District #04 - 3,000 3,000 (3,000) - Open Space District #08 - 23,300 23,300 (23,300) - Open Space District #11 - 38,900 38,900 (38,900) - Open Space District #15 - 6,600 6,600 (6,600) - Open Space District #20 - 2,600 2,600 (2,600) - Page 961 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. Page 3 Living Coast Discovery Center - 200,000 200,000 (200,000) - Capital Improvement Projects - 12,593,879 12,593,879 (16,648,227) (4,054,348) TOTAL OTHER FUNDS $7,403,432 $12,872,157 $ 20,275,589 $ (19,057,746) 1,217,843 BE IT FURTHER RESOLVED, by the City Council that it authorizes the City Manager to amend the fiscal year 2024-25 budget and approves appropriations and transfers in the American Rescue Plan Act (ARPA) Fund and various other funds in order to ensure that funds are fully obligated by the Treasury obligation deadline of December 31, 2024; and BE IT FURTHER RESOLVED, by the City Council that it directs the Director of Finance to report any amendments to the fiscal year 2024-25 budget and appropriations and transfers to the American Rescue Plan Act (ARPA) Fund and various other funds approved by the City Manager in the next quarterly financial report. Presented by Approved as to form by Sarah Schoen Marco A. Verdugo Director of Finance/Treasurer City Attorney Page 962 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda EXHIBIT 1 GENERAL FUND BUDGET AMENDMENTS SUMMARY – 1st QUARTER FISCAL YEAR 2024-25 DEPARTMENT PERSONNEL SUPPLIES & OTHER TRANSFERS NON-PERSONNEL TOTAL TOTAL SERVICES SERVICES EXPENSES OUT UTILITIES EXPENSES EXPENSE REVENUE NET IMPACT GENERAL FUND Non-Departmental $ 28,050 $(1,000,000) $ - $ 11,595,560 $ - $ 10,595,560 $ 10,623,610 $ (11,079,572) $ (455,962) Economic Development (743,544) (11,384) - - (620) (12,004) (755,548) 201,000 (554,548) Development Services (167,775) - - - - - (167,775) - (167,775) Engineering/Capital Projects - 362,774 - - - 362,774 362,774 (362,774) - Police 436,444 - 167,775 19,518 - 187,293 623,737 - 623,737 Fire 394,361 (187,005) - - - (187,005) 207,356 (207,356) - Public Works 580,544 12,838 - - 620 13,458 594,002 (39,454) 554,548 TOTAL GENERAL FUND $ 528,080 $ (822,777) $ 167,775 $ 11,615,078 $ - $ 10,960,076 $ 11,488,156 $ (11,488,156) $ - OTHER FUNDS BUDGET AMENDMENTS SUMMARY – 1st QUARTER FISCAL YEAR 2024-25 OTHER FUNDS PERSONNEL SERVICES SUPPLIES & SERVICES OTHER EXPENSES OTHER CAPITAL CIP BUDGET TRANSFERS OUT NON-CIP BUDGET UTILITIES TOTAL EXPENSE TOTAL REVENUE NET IMPACT 2016 Measure P Sales Tax $ - $ 345,262 $ (345,262) $ - $ 3,082,617 $ - $ - $ - $ 3,082,617 $ - $ 3,082,617 2018 Measure A Sales Tax 390,610 (330,000) 59,390 - - - - - 120,000 - 120,000 Parking Meter - 123,600 (11,100) - - - - (40,183) 72,317 (193,379) (121,062) Donations - - 73,203 - - - - - 73,203 (73,203) - American Rescue Plan Act 2021 - - - - (10,360,164) 4,771,186 - - (5,588,978) - (5,588,978) Other Grants - 125,000 - - - - - - 125,000 (20,000) 105,000 Local Grants - 700,000 - - - - - - 700,000 - 700,000 Federal Grants 32,380 343,150 750 - - - - - 376,280 (76,280) 300,000 State Grants (19,558) 1,033,128 (135,130) 395,000 370,549 (19,518) - - 1,624,471 (1,611,261) 13,210 Environmental Services - - - - - (201,000) - - (201,000) - (201,000) Page 963 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda EXHIBIT 1 OTHER FUNDS PERSONNEL SERVICES SUPPLIES & SERVICES OTHER EXPENSES OTHER CAPITAL CIP BUDGET TRANSFERS OUT NON-CIP BUDGET UTILITIES TOTAL EXPENSE TOTAL REVENUE NET IMPACT Chula Vista Housing Authority - - - - - - - - - (137,596) (137,596) Public Educational & Govt Fee - 163,000 - (163,000) - - - - - - - Section 115 Trust 7,000,000 - - - - - - - 7,000,000 - 7,000,000 Open Space District #02 - 9,300 - - - - - - 9,300 (9,300) - Open Space District #03 - 14,100 - - - - - - 14,100 (14,100) - Open Space District #04 - 3,000 - - - - - - 3,000 (3,000) - Open Space District #08 - 23,300 - - - - - - 23,300 (23,300) - Open Space District #11 - 38,900 - - - - - - 38,900 (38,900) Open Space District #15 - 6,600 - - - - - - 6,600 (6,600) Open Space District #20 - 2,600 - - - - - - 2,600 (2,600) Living Coast Discovery Center - - 200,000 - - - - - 200,000 (200,000) - Capital Improvement Projects - - - - 8,497,889 25,000 4,070,990 - 12,593,879 (16,648,227) (4,054,348) TOTAL OTHER FUNDS $ 7,403,432 $ 2,600,940 $ (158,149) $ 232,000 $ 1,590,891 $ 4,575,668 $4,070,990 $ (40,183) $20,275,589 $(19,057,746) $ 1,217,843 Page 964 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda EXHIBIT 1 OTHER FUNDS/ PROJECTS PERSONNEL SERVICES SUPPLIES & SERVICES OTHER EXPENSES OTHER CAPITAL CIP BUDGET TRANSFERS OUT NON-CIP BUDGET UTILITIES TOTAL EXPENSE TOTAL REVENUE NET IMPACT Transportation Grants/Gas Tax - STL0471 - - - - - - $ (200,000) - $(200,000) - $ (200,000) Transportation Grants/Gas Tax - STL0456 - - - - - - 200,000 - 200,000 - 200,000 Capital Improvement Projects – BGP0393 - - - - - - (75,000) - (75,000) - (75,000) Capital Improvement Projects – CTY0238 - - - - - - 1,385,990 - 1,385,990 (1,360,990) 25,000 Capital Improvement Projects – CTY0239 - - - - - - 2,445,000 - 2,445,000 (2,420,000) 25,000 Capital Improvement Projects – CTY0240 - - - - - - 340,000 - 345,000 (315,000) 25,000 TOTAL OTHER FUNDS $ - $ - $ - $ - $ - $ - $4,095,990 $ - $ 4,095,990 $ 4,095,990 $ - Page 965 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Quarterly Financial Report First Quarter of Fiscal Year 2025 December 3, 2024 Page 966 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda General Fund Revenues (in millions) Fiscal Year 2025 First Quarter Financial Monitoring Report 2Page 967 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda General Fund Expenditures (in millions) 3Fiscal Year 2025 First Quarter Financial Monitoring Report Page 968 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda General Fund Summary (in millions) 4Fiscal Year 2025 First Quarter Financial Monitoring Report Page 969 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Non-Departmental: Increase to Transfers Out of $10.6 million due primarily to one-time revenues being applied to capital projects. Police Department: Increase to Personnel Services for increased POA MOU contract and increase to Supplies & Services for MDC contract. Public Works Department: Increase to Personnel Services for the reorganization of the Office of Sustainability division. General Fund Adjustments Fiscal Year 2025 First Quarter Financial Monitoring Report 5Page 970 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Capital Improvement Projects Fund: Increase appropriations associated with one-time General Fund revenues and insurance claims for damages that occurred at various City facilities. Section 115 Trust: Increase appropriations by $7.0 million for a UAL discretionary payment. 2016 Measure P Sales Tax: Increase appropriations by $3.1 million of which $2.7 million is for an increase to Loma Verde and Hilltop Slope Stabilization CIP projects. Federal, State, and Local Grant Funds: Increase appropriations for various grant awards Other Funds Adjustments Fiscal Year 2025 First Quarter Financial Monitoring Report 6Page 971 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Staff will return to Council at the beginning of the year to present the ACFR with final audited financial information Finance staff will be presenting the Fiscal Year 2025 2nd Quarter Financial Report in early part of the calendar year the City Council Fiscal Year 2026 Budget Development process is currently underway Next Steps 7Fiscal Year 2025 First Quarter Financial Monitoring Report Page 972 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Quarterly Financial Report First Quarter of Fiscal Year 2025 December 3, 2024 Page 973 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda v . 0 05 P a g e | 1 December 3, 2024 ITEM TITLE Employee Compensation, Positions and Budget Amendment: Approve Classification Plan and Compensation Schedule; Position Counts; Employment Agreement; Revised Compensation Schedule; and Budget Amendments Report Number: 24-0291 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 resolutions: A) Amending the Classification Plan and Compensation Schedule to reflect (1) the addition and deletion of position titles and (2) salary adjustments for certain positions, and amending the authorized position count in departments; B) Approving the amended City Clerk employment agreement; C) Approving the revised Fiscal Year 2024-25 Compensation Schedule effective December 13, 2024, as required by the California Code of Regulations, Title 2, Section 570.5; and D) Amending the fiscal year 2024-25 budget; and place Ordinance E on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position titles of Communications Officer and Special Events Coordinator. (First Reading) (4/5 Vote Required) SUMMARY In an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing (1) the addition and deletion of certain classifications and positions and (2) salary adjustments for certain positions, including Elected Officials as required by the Charter. Per Council direction, staff is also recommending approval of the amended City Clerk employment agreement. Page 974 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 2 These changes necessitate amendments to the City’s Compensation Schedule and Classification Plan requiring the revised Fiscal Year 2024-25 Compensation Schedule effective December 13, 2024, and ordinance revising Chula Vista Municipal Code Section 2.05.010 to add the unclassified position titles. 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 California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Civil Service Commission is slated to approve the new Senior Public Information Specialist classification at their December 2, 2024, meeting. DISCUSSION Classification Plan and Compensation Schedule In an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing certain position changes, with corresponding updates to the Classification Plan, Compensation Schedule, and authorized departmental position counts. The following identifies the affected positions and proposed changes. Department Position Title FTE General Fund Administration Communications/Special Events Coordinator -1.00 Special Events Coordinator 1.00 Public Information Specialist -1.00 Communications Officer 1.00 City Clerk Fiscal Office Specialist -1.00 Senior Administrative Secretary 1.00 Development Services Building Official -1.00 Police Peace Officer 1.00 Public Works Public Works Specialist -1.00 Senior Public Works Specialist 1.00 General Fund Total 0.00 Page 975 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 3 Department Position Title FTE Development Services Fund Development Services Building Official 1.00 Development Services Fund Total 1.00 Sewer Fund Engineering Engineering Technician II -1.00 Senior Engineering Technician 1.00 Public Works Public Works Specialist -1.00 Senior Public Works Specialist 1.00 Sewer Fund Total 0.00 Measure A Fund Police Public Information Specialist -1.00 Senior Public Information Specialist 1.00 Measure A Total 0.00 State Grants Funds Police Peace Officer -1.00 State Grants Total -1.00 All Funds Total 0.00 Summary of New and Updated Classifications Position Title Employee Group Bi-Weekly E Step Salary City Clerk City Clerk $8,735.50 Communications Officer Professional, Unclassified $4,190.00 Real Property Manager Mid-Management, Unclassified $5,628.93 Senior Public Information Specialist ACE $3,788.41 Special Events Coordinator Professional, Unclassified $4,190.00 Sections 302, 304(b), and 503(c) of the City of Chula Vista City Charter establish the compensation for Councilmembers, the Mayor, and the elected City Attorney, respectively, based upon the formulas set forth in those sections. The City received notification from the Judicial Council of California on November 14, 2024, of an adjusted salary for the position of Judge of the Superior Court of the State of California, to which the salaries for Councilmembers, the Mayor, and the elected City Attorney are tied, and made the appropriate changes retroactive to July 1, 2024 (Attachment 1). Staff made the change to the salary rates for Mayor, Councilmembers, and City Attorney upon notification from the State of California (in accordance with the City Charter), and the Mayor, Councilmembers, and City Attorney are receiving this pay rate (as shown below): Page 976 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 4 Position Title Bi-Weekly E Step Salary City Attorney $9,412.58 Mayor $6,212.30 Councilmember $2,484.92 Approval of Resolution A will amend the Classification Plan and Compensation Schedule to reflect the above addition and deletion of position titles and above salary adjustments for certain positions to include Elected Official (in accordance with the City Charter) and amending the authorized position count in departments. City Clerk Employment Agreement On September 26, 2017, the City Council approved the appointment of Kerry Bigelow as City Clerk effective September 29, 2017, and Ms. Bigelow’s employment agreement. On November 12, 2024, a City Council convened in closed session to consider amendments to their employment agreement. An agreement was subsequently reached, and staff is requesting Council approval of the amended employment agreement, included as Attachment 2 of this staff report. Adoption of Resolution B will approve the amended City Clerk employment agreement. Compensation Schedule Requirement California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements, including approval by the City’s governing body in accordance with the requirements of applicable public meeting laws. The revised Fiscal Year 2024-25 Compensation Schedule ("Compensation Schedule") was last approved by the City Council at their meeting on October 8, 2024. Adoption of Resolution C will approve the revised Fiscal Year 2024-25 Compensation Schedule effective December 13, 2024, reflecting the addition of the Communications Officer, Senior Public Information Specialist and Special Events Coordinator position titles; the deletion of the Communications/Special Events Coordinator position title; and the adjusted salaries for the City Clerk and Real Property Manager position titles. Additionally, this revised Compensation Scheduled reflects the adjusted salaries for Mayor, Councilmembers and the City Attorney effective July 1, 2024, in accordance with the City Charter. The Compensation Schedule reflecting these revisions is Attachment 3 to this staff report. Budget Amendments Approval of Resolution D will amend the fiscal year 2024-25 budget by appropriating funds in the amount of $295,601 to various funds. Ordinance Chula Vista Municipal Code Section 2.05.010 requires updating to reflect the position changes impacting the unclassified positions. Chula Vista City Charter Section 500(D) requires that all management level unclassified positions not mentioned specifically in Charter Section 500(D) be adopted by ordinance. Adoption of the Ordinance will add the position titles of Communications Officer and Special Events Coordinator as required by Municipal Code Section 2.05.010. Page 977 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 5 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 The current-year General Fund fiscal impact for the updated classifications and salary ranges is estimated to total approximately $45,470, which will be offset in full by increased estimated Sales Tax revenues. Savings in the Development Services Department for the Building Official position have been repurposed for contractual increases in the General Fund. Staff is requesting the proposed budgetary adjustments reflected in the table below: GENERAL FUND Department Personnel Services Revenues Net Impact Administration $ 14,177 $ - $ 14,177 City Attorney 915 915 City Council 1,570 1,570 City Clerk 20,586 - 20,586 Non-Departmental (45,470) (45,470) Public Works 8,222 - 8,222 TOTAL EST. GENERAL FUND COSTS $ 45,470 $ (45,470) $ - The current-year Other Funds fiscal impact for the updated classification and salary ranges is estimated to total approximately $250,131. The Measure A Sales Tax Fund estimated impact of $6,762 is anticipated to be offset by salary savings and therefore result in no fiscal impact to the Measure A fund. The estimated impact to the Development Services fund of $226,287 will be offset by an increase in estimated revenues, resulting in no net fiscal impact to the development services fund. General Fund savings in the Development Services Department is being used to offset contractual increase in the General Fund as reflected in the FY 24 -25 Q1 agenda item (Item #24-0275). The estimated impact to the Sewer Revenue Fund is $23,844 which will be funded by available fund balance. Staff is requesting the proposed budgetary adjustments reflected in the table below: OTHER FUNDS Fund/Department Personnel Services Revenues Net Impact Development Services Fund $ 226,287 $ (226,287) $ - Sewer Revenue Fund 23,844 - 23,844 TOTAL EST. OTHER FUNDS COST $ 250,131 $ (226,287) $ 23,844 Page 978 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda P a g e | 6 ONGOING FISCAL IMPACT The projected fiscal impact for fiscal year 2025-26 is estimated to total $525,242. The net fiscal impact to the General Fund of $248,977 and other funds of $276,265 will be incorporated into the fiscal year 2025-26 budget development process. The projected fiscal year 2025-26 new fiscal impact is reflected in the table below: Fund FY 2026 General Fund $ 248,977 Development Services Fund 236,556 Measure A Sales Tax Fund (Police) 14,738 Sewer Revenue Fund 24,970 Total Estimated Cost for All Funds $ 525,242 ATTACHMENTS 1. Memorandum from the Judicial Council of California dated November 14, 2024 2. Amended City Clerk Employment Agreement 3. Revised Fiscal Year 2024-25 Compensation Schedule Effective December 13, 2024 Staff Contact: Tanya Tomlinson, Director of Human Resources/Risk Management Page 979 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Exempt Program 1515 S Street, North Building, Suite 500 Sacramento, CA 95811 (916) 324-9381; Fax (916) 327-1886 Governor Gavin Newsom Secretary, Government Operations Agency Amy Tong Director Eraina Ortega November 14, 2024 State Controller’s Office 300 Capitol Mall Sacramento, CA 95814 Subject: Exempt Pay Letter Per Government Code section 68203, this is to notify you that the Department of Human Resources (CalHR) has adjusted the following statutory judicial salaries, effective July 1, 2024. After CalHR calculated the 2024 Judicial Salary Increase of 2.29 percent, two bargaining units (5 and 10) received a general salary increase retroactive to July 1, 2024, and one bargaining unit (8) received a general salary increase on November 1, 2024. With the inclusion of the Bargaining Unit 5, 8, and 10 general salary increases, the 2024 calculation yields a 2.62 average percentage salary increase. To account for the difference between the previously provided 2.29 percent and the newly calculated 2.62 percent, CalHR has adjusted the judicial salaries by 0.3226 percent to 0.3228 percent as reflected in the chart below: Please note that the monthly rate may be rounded down so that the total for the twelve months does not exceed the annual amount. If you have any questions, please contact Angelina Snarr at (916) 909-3307 or Angelina.Snarr@calhr.ca.gov. Class Code Class Title Monthly Salary Annual Salary New Monthly Salary New Annual Salary L5987 Chief Justice $26,020.75 $312,249 $26,104.75 $313,257 L5988 Associate Justice $24,813.33 $297,760 $24,893.41 $298,721 L5991 Justice, Court of Appeal $23,262.58 $279,151 $23,337.66 $280,052 L9999 Judge, Superior Court $20,328.33 $243,940 $20,393.91 $244,727 Page 980 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda State Controller’s Office Page 2 DOCUMENTATION: Departments must key a GEN transaction effective July 1, 2024 for eligible employees and correct any resulting out-of-sequence transactions. For employees who separated from state service prior to July 1, 2024 and have lump sum payments that extend beyond July 1, 2024, departments shall adjust their lump sum to reflect the above salary changes. Sincerely, Manpreet Singh Exempt Program Manager (916) 909-3232 cc: Michelle Curran, Administrative Director Robert Oyung, Chief Deputy Director Aurora Rezapour, Director, Human Resources Felizia Nava-Kardon, Deputy Director, Human Resources Christopher Navarrete, Human Resources Supervisor Page 981 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 1 CITY OF CHULA VISTA CITY CLERK EMPLOYMENT AGREEMENT 1. Employment: This City Clerk Employment Agreement (Agreement) is entered into by and between the City of Chula Vista ("City") and Kerry Bigelow ("City Clerk" or "Employee"). Under this Agreement, the City offers, and City Clerk accepts, employment as City Clerk of the City of Chula Vista. City Clerk acknowledges and agrees that the position of City Clerk is an "at will" position and that there is no right to continued employment in said position, including, but not limited to Civil Service rights. 2. Duties and Devotion to City Business: Ms. Bigelow is employed to serve as the City Clerk and shall perform such duties as are customarily performed by a City Clerk, mandated by the City Charter or Municipal Code, and such other duties as the City Council or its designee, assigns from time to time. Employee acknowledges that she will report to the City Council, who will be Employee's supervisor. City Clerk’s position is full-time. City Clerk shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of her City Clerk duties, except as may be specifically authorized by the City Council. 3. Personnel Policies and Procedures: The City shall have the authority to establish from time to time personnel policies and procedures to be followed by its employees. Employee agrees to comply with the policies and procedures of the City. To the extent any provisions in the City's personnel policies and procedures differ with the terms of this Agreement, the terms of this Agreement shall apply. However, in no event shall the aforementioned personnel policies and procedures convert the "at will" employment status of the City Clerk classification to any other form of employment status, including creating any right to continued employment. 4. Term: The term of this Agreement shall begin on the effective date stated above and shall remain in effect unless terminated pursuant to Section 5. 5. Termination of Employment and this Agreement; General Release; Severance: A. Subject to the terms of this Paragraph and Section 5(B), the City has the right to terminate this Agreement without cause at any time (thereby separating City Clerk from City service). If the City terminates this Agreement (thereby terminating City Page 982 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 2 Clerk's employment) without cause, as determined by the affirmative votes of a majority of the members of the City Council, , and if City Clerk signs, delivers to the City Council, and does not revoke, the General Release Agreement ("Release Agreement") in the form attached hereto as Exhibit A, City shall: 1. Pay the City Clerk a lump sum benefit equal to nine (9) months of her then Base Salary and nine (9) months of health (medical, dental, and vision) benefits (the cash payment and continuing benefits, collectively "Severance"). 2. Pay the City Clerk for her accumulated Annual Leave, but not her unused Management Leave, unused Hard Holidays, or unused Floating Holidays. The City Clerk shall not be paid out her unused Sick Leave, but may convert her accumulated Sick Leave to CalPERS service credit, as permitted by CalPERS 3. Pay any pending reimbursement requests, if properly payable. The City Clerk shall not receive any other payments not specified in this section. B. If the City terminates this Agreement (thereby terminating City Clerk's employment) without cause within six (6) months after the swearing-in of a newly elected Mayor or City Councilmember, and if the City Clerk signs, delivers to the City Council, and does not revoke the General Release Agreement ("Release Agreement") in the form attached hereto as Exhibit A, City shall: 1. Pay the City Clerk the nine (9) month Severance in accordance with Section 5(A)(1 through 3), plus additional Severance for any portion of the six (6) months not worked following the swearing-in of newly elected Mayor or City Councilmember. C. If City terminates this Agreement (thereby terminating City Clerk's employment) with Cause, as determined by the affirmative votes of a majority of the member of the City Council, City Clerk shall not be entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary and vacation pay, and any other accrued and unused benefit allowances according to their terms ("Accrued Salary and Benefits"). As used in this Agreement, Cause shall only mean any of the following: 1. Conduct involving or conviction of, or plea of guilty or nolo contendere (or no contest) to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the City or on the City Clerk's reputation; 2. Proven failure of the City Clerk to observe or perform any of her duties and obligations, if that failure continues for a period of thirty (30) business days from the date of her receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure; 3. Conduct involving or conviction of, or plea of guilty or nolo contender, any crime Page 983 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 3 involving an "abuse of office or position," as that term is defined in Government Code Section 53243.4; 4. Repeated failure to carry out a directive or directives of the City Council made by the City Council as a body at a Brown Act-compliant meeting; 5. Any negligent action or inaction by City Clerk that materially and adversely: (a) impedes or disrupts the operations of the City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City's properly established rules or procedures; 6. Violation of the City's EEO/Sexual Harassment Policies, Workplace Violence Policies, and Substance Abuse Policies; or 7. Failure to comply with the terms of this Agreement. D. If, during the term or any extended Term, City Clerk dies, City Clerk's estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance. E. In the event City Clerk is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, or mental incapacity for a period of three consecutive months beyond any provided sick leave, the City may terminate City Clerk's employment and this Agreement. F. City Clerk may resign from his employment at any time, upon giving forty-five (45) days written notice to the City Council. A resignation shall not entitle City Clerk to Severance as set forth in Section 5(A) (1). 6. Compensation and Annual Evaluation: A. Employee City Clerk’s Base Salary shall be Two Hundred Twenty-Seven Thousand One Hundred Twenty-Three Dollars ($227,123). Said amount shall be payable in bi-weekly installments at the same time and in the same manner as other employees of the City are paid. B. As part of the annual City budget process, the City Clerk’s salary shall be evaluated at the same time as the salaries of City Executives are evaluated. The City Clerk shall receive the same cost-of-living adjustments or similar across-the-board increases provided to all City Executives. If any salary adjustments to the market median, or internal alignment, are provided to all Department Directors, the City Clerk shall receive the median of the salary adjustment provided to all Department Directors. C. City, by the City Council, and City Clerk may set mutually-agreed-upon objectives for each year under this Agreement. The City Council shall evaluate City Clerk's performance annually at the anniversary of her appointment or as otherwise determined to be necessary by City Council. Page 984 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 4 D. City Clerk shall be entitled to receive cost-of-living adjustments or any similar across-the-board increases that the City Council determines, in its discretion, to approve for all City Executives. In addition, the City Council may increase the City Clerk's Base Salary at any time in the sole discretion of the City Council. E. City Clerk's Base Salary increases approved by the City Council from time to time pursuant to this Agreement shall not require an amendment to this Agreement to be effective. Such may be set forth in an annual salary resolution or minute action approved by the City Council and ratified by resolution. F. The City Clerk shall be subject to reductions in Base Salary or other financial benefits in the event similar across-the-board reductions are imposed by the City Council in its discretion with respect to all City Executives. If the City reduces the Base Salary or any other financial benefit of the City Clerk in a percentage that is greater than the average reduction of all City Executives, the City Clerk may deem such action a termination of this Agreement without Cause under Section 5(A) or 5(B) of this Agreement, and City Clerk shall be entitled to Severance under Section 5(A) (1) or 5(B) (1). 7. Deferred Compensation: As part of City Clerk's annual compensation, City agrees to provide a Section 457 deferred compensation program which will be administered by Nationwide or any other City approved vendor chosen by the City. The City shall contribute 5% of the City Clerk's base salary into a 401(a) deferred compensation program as long as it is allowable by law. City Clerk will bear any and all additional tax consequences of said contributions. 8. Pension: City agrees to continue to enroll City Clerk as a "Classic Member" of the Public Employees Retirement System (PERS) in the PERS plan selected by City in its sole discretion. 9. Health and Medical Benefits Insurance: As is provided to other City Executives, City shall provide City Clerk a Cafeteria Plan for medical benefit (medical/dental/vision) as set by the City via City resolution. City Council, in its discretion, may amend (including increase or decrease) the Cafeteria Plan (including annual amount used to purchase benefits or cash-out amounts). The benefits offered and provided to the City Clerk shall mirror those provided to other City Executives in the Unrepresented Compensation Summary, unless otherwise amended by the City Council. 10. Life Insurance: As is provided to other City Executives, the City shall pay the premiums for $50,000 basic group term life & accidental death and dismemberment insurance policy. City Clerk may purchase, as other City Executives may purchase, additional coverage at her own expense. 11. Business and Professional Expenses: A. City recognizes that City Clerk may incur expenses of a non-personal, job- Page 985 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 5 related nature that are reasonably necessary to City Clerk's service to City. City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses incurred and submitted according to City's normal expense reimbursement procedures or such other procedure as may be designated by the City Council. To be eligible for reimbursement, all expenses must be supported by documentation meeting City's normal requirements and must be submitted within time limits established by City. B. City agrees to pay the professional dues and subscriptions on behalf of City Clerk which are necessary for City Clerk's continuation or full participation in international, national, regional, state, or local associations and organizations necessary and desirable for City Clerk's continued professional participation, growth and advancement, or for the good of the City. C. City agrees to pay City Clerk's travel and subsistence expenses for official travel, meetings, and occasions reasonably necessary to continue City Clerk's professional development, and for City Clerk's reasonable participation in necessary official and other functions for the City; including, but not limited to, national, regional, state, and local conferences, and governmental groups and committees on which City Clerk serves as a member. Notwithstanding the above, the number of conferences or meetings City will pay for each year, and attendance at out-of-state conferences and meetings, shall be at the discretion of the City Council a set forth in the City's budget. 12. Annual Leave, Management Leave, Sick Leave and Holidays: A. As is provided to other City Executives, the City Clerk shall receive leave as follows i. Annual Leave. The City Clerk shall earn 200 hours of Annual Leave per fiscal year accrued at 7.69 hours per pay period. Annual leave may be accumulated up to 600 hours per fiscal year. Up to 120 hours of Annual Leave per fiscal year may be cashed out. ii. Management Leave. The City Clerk shall receive 96 hours of Management Leave per fiscal year. The Management Leave shall be credited at the start of each fiscal year. Management Leave must be used within the fiscal year it is accrued or forfeited. iii. Sick Leave. The City Clerk shall receive Sick Leave as provided for in the Civil Service Rules, currently 96 hours per fiscal year and distributed on a bi-weekly basis. At retirement, accumulated Sick Leave may be converted to service credit as authorized by CalPERS. Sick Leave may be cashed out in accordance with City Policy. iv. Holidays. The City Clerk shall receive eleven (11) Hard Holidays. The City Clerk shall also receive 24 hours of Floating Holiday time. The Floating Holiday time must be used within the fiscal year it is accrued or forfeited. v. Other Benefits. The City Clerk shall receive other benefits, such as mileage reimbursement, cell phone allowance, and other benefits as set for City Executives. B. The above leave and holiday benefits mirror those provided to other City Executives in the City. The City, in its discretion, may amend the above leave Page 986 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 6 and holiday benefits to mirror changes made to leave and holiday benefits for City Executives. C. Leave balances shall be paid off at termination in the same manner as the leave balance payoff for other City Executives. 13. Investigations: The City reserves the right to investigate and/or discipline the City Clerk, in the City's sole discretion, for any act of misconduct and/or poor performance. The City may place City Clerk on paid or unpaid administrative leave during the investigation as it deems appropriate. The City Clerk may deem placement of administrative leave for more than ninety (90) days as a termination without cause, unless the City at any time provides notice that it intends to or is considering a termination for cause or terminates the City Clerk for cause. The City Clerk is an "at will" position and this section does not create any rights for City Clerk. 14. Abuse of Office or Position: If City Clerk is convicted of a crime (including guilty or no contest plea) involving an abuse of her office or position, any felony, crime of moral turpitude, or which requires forfeiture of office, all of the following shall apply: (a) if City Clerk is provided with administrative leave pay pending an investigation, City Clerk shall be required to fully reimburse City such amounts paid; (b) if City pays for the criminal legal defense of City Clerk (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), City Clerk shall be required to fully reimburse City such amounts paid; and (c) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that City Clerk may receive from City shall be fully reimbursed to City or shall be void if not yet paid to City Clerk For purposes of this Section, abuse of office or position means either: (x) an abuse of public authority, including waste, fraud, bribery, or violation of the law under color of authority; or (y) a crime against public justice. 15. Communications Upon City Clerk's Separation: In the event the City terminates the City Clerk for any reason or no reason, the City and the City Clerk agree to the following: A. Confidentiality. City Clerk agrees that, to the extent permitted by law, all matters relative to any separation agreement, including the attached General Release Agreement, shall remain confidential. Accordingly, City Clerk agrees that, with the exception of her immediate family, legal counsel and tax advisors, she shall not discuss, disclose or reveal to any other persons, entities or organizations, whether within or outside of the City, the terms and conditions of any separation agreement, including General Release Agreement. City Clerk and her agents and legal counsel shall not issue a press release or contact the press regarding any separation agreement, including General Release Agreement, or their terms. If City Clerk is contacted by the press and questioned regarding any separation agreement, including General Release Agreement, she is permitted to respond and say she has entered into an agreement with the City and has agreed not to discuss the terms of any Agreement, including General Release Agreement, or any of the negotiations concerning the Agreement. The City agrees that, to the extent permitted by law, all matters relative to any separation agreement, including the General Release Agreement, shall remain confidential. In the event that a Public Records Act request is made for any separation agreement, including General Release Agreement, the City shall immediately notify City Clerk. City Clerk and City acknowledge and agree that the General Release Agreement or any other Page 987 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 7 separation agreement shall be disclosed in accordance with applicable law. If the City is contacted by the press regarding any separation agreement, including General Release Agreement, the City is permitted to indicate that it has entered into an agreement with City Clerk, shall confirm the consideration paid and, if applicable, may indicate that it entered into the settlement to avoid the legal fees and costs that it might have incurred to defend a lawsuit or any other claim against the City, and that this is not in any way an admission of liability on part of the City. B. Non-Disparagement. City Clerk agrees she will not make any defamatory or derogatory statements, written or verbal, regarding the City or any of its present or former elected officials, appointed officials, officers, employees, or volunteers to anyone. C. Reference Requests. Any reference request concerning City Clerk will be referred to the Human Resources Director. The only information that will be provided in response to such a request will be City Clerk's date of employment, his title, confirmation of his rate of pay, and a statement that it is the City's policy to only provide that information. 16. Indemnification: A. Pursuant to Government Code section 995, the City shall defend, hold harmless, and indemnify City Clerk using legal counsel of City's choosing, against expense or legal liability in a civil action or proceeding for acts or omissions by City Clerk occurring within the course and scope of City Clerk's employment under this Agreement. B. Notwithstanding Paragraph A, pursuant to Government Code sections 995.2, 995.4, 995.6, 995.8, and/or 995.9, the City, in its sole discretion, may refuse to defend, hold harmless, and/or indemnify City Clerk. C. If the City elects to defend and provides legal representation, legal representation, provided by City for City Clerk, shall extend until a final determination of the issues including any and all losses, damages, judgments, interest, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys' fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by City Clerk in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened. In the event there is a conflict of interest between City and City Clerk such that independent counsel is required for City Clerk, City Clerk may engage her own legal counsel, in which event, City shall indemnify City Clerk, including direct payment of all such reasonable costs related thereto. D. This section shall not be construed to provide City Clerk greater rights to defense, hold harmless, and/or indemnification than provided by statute nor to reduce the City's right to refuse to provide said defense, hold harmless, and/or indemnification. 17. Notices: Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery, mail, or email. Mailed notices shall be addressed to the parties as set forth below, but each party may change his/hers/its address by written notice given in accordance with this Section. Notices delivered personally or by email will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of three (3) calendar days following date of mailing. Page 988 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 8 CITY: City of Chula Vista Attention: Mayor Copy to: City Attorney and City Manager 276 Fourth Avenue Chula Vista, CA 91910 Ms. Bigelow: Kerry Bigelow 276 Fourth Ave Chula Vista, CA 91910 18. Conflict With City Charter or Municipal Code: The City personnel ordinances, resolution, rules and policies shall apply to City Clerk in the same manner as applied to other management employees. In the event of a conflict between the provisions of this Agreement and the City Charter, or this Agreement and the Municipal Code, the City Charter or the Municipal Code shall prevail over this Agreement. 19. Entire Agreement: This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the employment of City Clerk by City, and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements oral or otherwise, have been made by either party, or by anyone acting on behalf of either party, which are not embodied herein, and that no other employment agreement, statement, or promise not contained in this Agreement shall be valid or binding upon either party. 20. Modifications: Any modifications to this Agreement shall be effective only if in writing and signed by both of the parties hereto. 21. Effect of Waiver: The failure of either party to insist upon strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment or any right or power at any one time or times be deemed a waiver or relinquishment of that right of power for all or any other times. 22. Partial Invalidity: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 23. Governing Law and Venue: Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under Page 989 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 9 it, shall be the City of Chula Vista. 24. Claims Requirement: No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, City Clerk shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. (Signature Page to follow.) Page 990 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 10 SIGNATURE PAGE TO CITY OF CHULA VISTA CITY CLERK EMPLOYMENT AGREEMENT IN WITNESS WHEREOF, City and City Clerk have executed this Agreement, indicating that they have read and understood same, and indicate their full and complete consent to its terms: For the City of Chula Vista: By: _________________________ Mayor, City of Chula Vista Attest: ____________________________________________ Tyshar Turner, Deputy Director, City Clerk Services Approved as to form: _____________________ Marco A. Verdugo, City Attorney For Ms. Kerry Bigelow: By: ____________________________ Kerry Bigelow Exhibit List to Agreement: Exhibit A Page 991 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 11 EXHIBIT A GENERAL RELEASE AGREEMENT This General Release Agreement ("Release Agreement") is entered into by and between Kerry Bigelow ("City Clerk") and CITY OF CHULA VISTA ("City") (Collectively the "Parties"), in light of the following facts: A. City Clerk's employment with City concluded on B. Certain disputes have arisen between City and City Clerk. C. City and City Clerk each deny any liability whatsoever to the other. D. City and City Clerk wish to full and finally resolve any and all disputes they may have with each other. E. City Clerk is hereby informed that she has twenty-one (21) days from receipt of this Agreement to consider it. City hereby advises City Clerk to consult with his/her legal counsel before signing this Agreement. F. City Clerk acknowledges that for a period of seven (7) days following the signing of this Agreement represents all compensation, including salary, accrued benefit balances and reimburse expenses, due and payable to him/her through the date of employment termination. City Clerk also acknowledges that City has made this Salary Payment without regard to whether he/she signs this Agreement. The Salary Payment does not constitute consideration for this Agreement. G. City Clerk acknowledges that the Salary Payment referenced in paragraph 1 of this Agreement, below, represents all compensation, including salary, accrued benefit balances and reimbursed expenses, due and payable to him/her through the date of employment termination. City Clerk also acknowledges that City has made this Salary Payment without regard to whether he/she signs this Agreement. The Salary Payment does not constitute consideration for this Agreement. The City and City Clerk agree to incorporate the above facts into this Release Agreement and, for valuable and sufficient consideration, hereby agree as follows: 1. Receipt of Salary Payment. City Clerk hereby acknowledges receipt of a check or checks for all compensation owing to him/her, including salary accrued benefit balances and reimbursed expenses ("Salary Payment") from City. 2. Severance. Within five (5) days following City Clerk's signing, delivering to the City, and not revoking this Agreement, City shall pay City Clerk the gross amount Page 992 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 12 provided for in Section 5(A)(l) of the attached Employment Agreement, less applicable deductions. City Clerk acknowledges that the Severance is in excess of all amounts due and owing her as a result of her employment by City. 3. General Release of all Claims Except ADEA Claims. In consideration of the Severance to be paid and provided to City Clerk, and other good and valuable consideration, City Clerk hereby releases and discharges City and its past and present City Council Members, employees, representatives and agents, from all rights, claims, causes of action, and damages, both known and unknown, in law or in equity, concerning and/or arising out of his/her employment by City which he/she now has, or ever had, including but not limited to any rights, claims, causes of action or damages arising under Title VII of the Civil Rights Act of 1964, the Vocational Rehabilitation Act of 1973, the Employee Retirement Income Security Act, the Family and Medical Leave Act of 1993, the Domestic Partners Act of 2003, the California Labor Code, the Private Attorneys General Act of 2004, the California Moore-Brown-Roberti Family Rights Act, the California Unruh Civil Rights Act, the California Fair Employment and Housing Act, any other federal, state, or local employment practice legislation, or any federal or state common law, including wrongful discharge, breech of express or implied contract, or breach of public policy. City Clerk hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of California. City Clerk understands and acknowledges the significance and consequences of this specific waiver of Section 1542. Section 1542 of the Civil Code of California states as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of City and its past and present City Council Members, employees, representatives, and agents, City Clerk expressly acknowledges that this General Release is intended to include in its effect, without limitation, all claims which he/she does not know or suspect to exist in his/her favor. City Clerk further acknowledges that he/she has read this General Release and that he/she understands that this is a general release, and that he/she intends to be legally bound by the same. 4. Release of All ADEA Claims. The Parties further agree as follows: A. This section of the Waiver exclusively addresses City Clerk's release of claims arising under federal law involving discrimination on the basis of age in employment (age forty and above). This section is provided separately, in compliance with federal law, including but not limited to the Older Worker's Benefit Protection Act of 1990, to ensure that City Clerk clearly understands her rights so that any release of age discrimination claims under federal law (the Age Discrimination in Employment Act of Page 993 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 13 1967, as stated in 29 U.S.C. §§621-634, ("ADEA'') is knowing and voluntary on the part of City Clerk. B. City Clerk represents, acknowledges, and agrees that the City has advised her, in writing, to discuss this Agreement with an attorney, and to the extent if any, that City Clerk has desired, City Clerk has done so; that the City has given City Clerk twenty-one (21) days from receipt of this Release Agreement to review and consider this Release Agreement before signing it, and City Clerk understands that she may use as much of this twenty-one (21) day period as she wishes prior to signing it; and that no promise, representation, warranty, or agreements not contained herein have been made by or with anyone to cause her to sign this Release Agreement; that she has read this Release Agreement in its entirety, and fully understands and is aware of its meaning, intent, content, and legal effect; and that she is executing this release voluntarily and free of any duress or coercion. The twenty-one (21) day review period runs from the date of the City's final offer to City Clerk. If City Clerk executes this Release Agreement prior to the conclusion of the twenty- one (21) day review period, City Clerk represents, acknowledges, and agrees that her execution of the Release Agreement during the shortened time period is her choice and is not compelled by the City. C. The parties acknowledge that for a period of seven (7) days following the execution of this Release Agreement, City Clerk may revoke the Release Agreement, and the Release Agreement shall not become effective or enforceable until the revocation period has expired. This Release Agreement shall become effective eight (8) days after City Clerk and the City have signed it, and in the event the Parties do not sign on the same date, then this Release Agreement shall become effective eight (8) days after the date it is signed by City Clerk. D. In consideration of the Severance to be paid and provided to City Clerk, and other good and valuable consideration, City Clerk does hereby unconditionally, irrevocably, and absolutely release and discharge the City of Chula Vista, its elected officials, officers, employees, agents, and attorneys from any and all loss, liability, claims, demands, causes of action or suits of any type arising under ADEA and related directly or indirectly to City Clerk' employment with the City, termination of said employment, and/or subsequent resignation from employment. 5. Fees and Costs. City Clerk and City agree that in the event of litigation relating to this Release Agreement, the prevailing party shall be entitled to recover his/her/its reasonable attorney's fees and costs. 6. No Further Action. City Clerk represents and warrants that she will withdraw, abandon, and not pursue or prosecute nor allow to be prosecuted on her behalf any complaints, charges, grievances or lawsuits against City and its elected officials, officers, employees, agents and attorneys she has filed or lodged with any governmental agency or court arising out of her employment with, termination from, and/or subsequent resignation from City. Further, City Clerk represents and warrants that she will not file or pursue or allow to be prosecuted on her behalf at any time hereinafter any complaints, Page 994 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 14 charges, grievances or lawsuits against City and its elected officials, officers, employees, agents and attorneys with any governmental agency or court arising out of her employment with, termination from, and/or subsequent resignation from City; provided, however that the parties shall not be limited from pursuing claims for the sole purpose of enforcing their rights under this Agreement. Further, City Clerk agrees that under this Agreement, she waives any claim for damages incurred at any time after the date of this Agreement because of alleged continuing effects of any alleged unlawful acts or omissions involving City Clerk' employment with, termination from, and/or subsequent resignation from City and any right to sue for injunctive relief against the alleged continuing effects of alleged acts or omissions. 7. Complete Defense. This Release Agreement maybe pleaded as a full and complete defense against any action, suit, or proceeding, which may be prosecuted, instituted, or attempted by either party in breach thereof. 8. Severability. If any provision of this Release Agreement, or part thereof, is held invalid, void, or voidable as against public policy or otherwise, the invalidity shall not affect other provisions, or parts thereof, which may be given effect without the invalid provisions or part. To this extent, the provisions, and parts thereof, of this Agreement are declared to be severable. 9. No Admission of Liability. It is understood that this Release Agreement is not an admission of any liability by the City, including its elected officials, officers, employees, agents, or attorneys, but is in compromise of any and all disputed claims. 10. Successors and Assigns. This Release Agreement shall be binding upon and inure to the benefits of the Parties hereto and their respective heirs, legal representatives, successors, and assigns. 11. Communications Upon Separation. The City and City Clerk agree to the following: A. Confidentiality. City Clerk agrees that, to the extent permitted by law, all matters relative to any separation agreement, including this General Release Agreement, shall remain confidential. Accordingly, City Clerk agrees that, with the exception of her immediate family, legal counsel and tax advisors, she shall not discuss, disclose or reveal to any other persons, entities or organizations, whether within or outside of the City, the terms and conditions of any separation agreement, including this General Release Agreement. City Clerk and her agents and legal counsel shall not issue a press release or contact the press regarding any separation agreement, including this General Release Agreement, or their terms. If City Clerk is contacted by the press and questioned regarding any separation agreement, including this General Release Agreement, she is permitted to respond and say he has entered into an agreement with the City and has agreed not to discuss the terms of the agreement (including this General Release Agreement) or any of the negotiations concerning the agreement (including General Release Agreement). The City agrees that, to the extent permitted by law, all matters Page 995 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 15 relative to any separation agreement, including this General Release Agreement, shall remain confidential. In the event that a public records act request is made for any separation agreement, including this General Release Agreement, the City shall immediately notify City Clerk. The City and City Clerk acknowledge that this General Release Agreement or any separation agreement shall be disclosed in accordance with applicable law. If the City is contacted by the press regarding any separation agreement, including this General Release Agreement, the City is permitted to indicate that it has entered into an agreement with City Clerk, shall confirm the consideration paid and, if applicable, may indicate that it entered into the settlement to avoid the legal fees and costs that it might have incurred to defend a lawsuit, and that this is not in any way an admission of liability on the part of the City. B. Non-Disparagement. City Clerk agrees she will not make any defamatory or derogatory statements, written or verbal, regarding the City or any of its present or former elected officials, appointed officials, officers, employees, or volunteers to anyone. C. Reference Requests. Any reference request concerning City Clerk will be referred to the Human Resources Director. The only information that will be provided in response to such a request will be City Clerk's date of employment, her title, confirmation of her rate of pay and a statement that it is the City's policy to only provide that information. BY HER SIGNATURE BELOW, CITY CLERK REPRESENTS THAT SHE HAS CAREFULLY READ THIS RELEASE AGREEMENT AND KNOWS ITS CONTENTS AND FULLY UNDERSTANDS IT; THAT SHE HAS HAD THE OPPORTUNITY TO HAVE IT FULLY EXPLAINED TO HER BY AN ATTORNEY OF HER CHOICE AND HAS EITHER DISCUSSED THIS RELEASE AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT SHE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT SHE IS SIGNING IT VOLUNTARILY. CITY CLERK HAS BEEN GIVEN AT LEAST 21 DAYS TO CONSIDER THIS RELEASE AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, SHE MAY REVOKE THIS RELEASE AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF HUMAN SERVICES, 276 FOURTH AVENUE, HUMAN RESOURCES DEPARTMENT, BUILDING 300, CHULA VISTA, CA 91910, NO LATER THAN SEVEN DAYS AFTER SHE EXECUTES THIS RELEASE AGREEMENT, AND THAT THIS RELEASE AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. (Signature Page to follow.) Page 996 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda 16 SIGNATURE PAGE TO GENERAL RELEASE AGREEMENT IN WITNESS WHEREOF, City and City Clerk have executed this General Release Agreement("Release Agreement"), indicating that they have read and understood same, and indicate their full and complete consent to its terms: For the City of Chula Vista: By: Mayor, City of Chula Vista Attest: _____________________________________ [Name], [Title] Approved as to form: _____________________________________ Marco A. Verdugo, City Attorney For Ms. Kerry Bigelow: By: Kerry Bigelow Page 997 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 1 of 73 3633 CONF ACCOUNTANT 0 33.36 2,668.52 1 35.02 2,801.94 2 36.78 2,942.04 3 38.61 3,089.14 4 40.55 3,243.60 3641 ACE ACCOUNTING ASSISTANT 0 24.26 1,940.45 1 25.47 2,037.47 2 26.74 2,139.34 3 28.08 2,246.31 4 29.48 2,358.63 3643 CONF ACCOUNTING TECHNICIAN 0 28.47 2,277.92 1 29.90 2,391.82 2 31.39 2,511.41 3 32.96 2,636.98 4 34.61 2,768.83 3675 ACE ACCOUNTING TECHNICIAN 0 28.47 2,277.92 1 29.90 2,391.82 2 31.39 2,511.41 3 32.96 2,636.98 4 34.61 2,768.83 3677 ACE ACCOUNTING TECHNICIAN II (T) 0 30.68 2,454.66 1 32.22 2,577.40 2 33.83 2,706.27 3 35.52 2,841.58 4 37.30 2,983.66 3645 ACE ACCOUNTS PAYABLE SUPERVISOR 0 35.29 2,822.85 1 37.05 2,963.99 2 38.90 3,112.19 3 40.85 3,267.80 4 42.89 3,431.19 0149 CONF ADMINISTRATIVE SECRETARY 0 29.97 2,397.95 1 31.47 2,517.85 2 33.05 2,643.74 3 34.70 2,775.93 4 36.43 2,914.73 Page 998 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 2 of 73 0179 ACE ADMINISTRATIVE SECRETARY 0 29.97 2,397.95 1 31.47 2,517.85 2 33.05 2,643.74 3 34.70 2,775.93 4 36.43 2,914.73 0154 CONF ADMINISTRATIVE SECRETARY-MAYOR 0 29.97 2,397.95 1 31.47 2,517.85 2 33.05 2,643.74 3 34.70 2,775.93 4 36.43 2,914.73 0215 SM ADMINISTRATIVE SERVICES MGR 0 51.21 4,096.73 1 -- -- 2 -- -- 3 -- -- 4 62.25 4,979.60 0181 ACE ADMINISTRATIVE TECHNICIAN 0 29.97 2,397.95 1 31.47 2,517.85 2 33.05 2,643.74 3 34.70 2,775.93 4 36.43 2,914.73 5316 UCHR ANIMAL CARE AIDE 0 17.25 -- 1 18.11 -- 2 19.02 -- 3 19.97 -- 4 20.97 -- 5317 ACE ANIMAL CARE FACILITY SUPV 0 36.84 2,947.30 1 38.68 3,094.66 2 40.62 3,249.40 3 42.65 3,411.87 4 44.78 3,582.46 5343 ACE ANIMAL CARE SPECIALIST 0 23.21 1,857.15 1 24.38 1,950.01 2 25.59 2,047.51 3 26.87 2,149.88 4 28.22 2,257.38 Page 999 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 3 of 73 5344 UCHR ANIMAL CARE SPECIALIST 0 23.21 -- 1 24.38 -- 2 25.59 -- 3 26.87 -- 4 28.22 -- 5319 ACE ANIMAL CARE SUPERVISOR 0 32.04 2,562.87 1 33.64 2,691.01 2 35.32 2,825.56 3 37.09 2,966.84 4 38.94 3,115.18 5303 ACE ANIMAL CONTROL OFFICER 0 27.86 2,228.58 1 29.25 2,340.01 2 30.71 2,457.01 3 32.25 2,579.86 4 33.86 2,708.85 5304 ACE ANIMAL CONTROL OFFICER SUPVR 0 32.04 2,562.87 1 33.64 2,691.01 2 35.32 2,825.56 3 37.09 2,966.84 4 38.94 3,115.18 5309 ACE ANIMAL SERVICES SPECIALIST 0 25.54 2,042.87 1 26.81 2,145.01 2 28.15 2,252.26 3 29.56 2,364.87 4 31.04 2,483.12 3083 MM APPLICATIONS SUPPORT MANAGER 0 54.90 4,391.80 1 57.64 4,611.38 2 60.52 4,841.94 3 63.55 5,084.04 4 66.73 5,338.24 3088 PROF APPLICATIONS SUPPORT SPEC 0 41.79 3,343.08 1 43.88 3,510.24 2 46.07 3,685.74 3 48.38 3,870.03 4 50.79 4,063.55 Page 1000 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 4 of 73 7579 ACE AQUATIC SUPERVISOR I 0 30.03 2,402.25 1 31.53 2,522.36 2 33.11 2,648.48 3 34.76 2,780.91 4 36.50 2,919.95 7577 ACE AQUATIC SUPERVISOR II 0 33.03 2,642.48 1 34.68 2,774.60 2 36.42 2,913.33 3 38.24 3,059.00 4 40.15 3,211.95 7575 ACE AQUATIC SUPERVISOR III 0 37.99 3,038.85 1 39.88 3,190.79 2 41.88 3,350.33 3 43.97 3,517.85 4 46.17 3,693.74 5011 SM ASSISTANT CHIEF OF POLICE 0 97.53 7,802.19 1 -- -- 2 -- -- 3 -- -- 4 118.55 9,483.62 2405 SM ASSISTANT CITY ATTORNEY 0 89.83 7,186.71 1 -- -- 2 -- -- 3 -- -- 4 109.19 8,735.50 2707 EXEC ASSISTANT CITY MANAGER 0 121.72 9,737.64 1 -- -- 2 -- -- 3 -- -- 4 147.95 11,836.17 4040 SM ASSISTANT DIR OF DEVLPMNT SVCS 0 83.68 6,694.43 1 -- -- 2 92.07 7,365.26 3 -- -- 4 101.71 8,137.12 Page 1001 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 5 of 73 6008 SM ASSISTANT DIR OF ENGINEERING 0 83.68 6,694.43 1 -- -- 2 -- -- 3 -- -- 4 101.71 8,137.12 3604 SM ASSISTANT DIR OF FINANCE 0 83.68 6,694.43 1 -- -- 2 -- -- 3 98.74 7,899.49 4 101.71 8,137.12 3304 SM ASSISTANT DIR OF HR 0 83.68 6,694.43 1 -- -- 2 -- -- 3 96.85 7,747.72 4 101.71 8,137.12 7403 SM ASSISTANT DIR OF PARKS & REC 0 83.68 6,694.43 1 87.13 6,970.24 2 -- -- 3 -- -- 4 101.71 8,137.12 6322 SM ASSISTANT DIR OF PUBLIC WORKS 0 83.68 6,694.43 1 -- -- 2 -- -- 3 98.74 7,899.49 4 101.71 8,137.12 6015 WCE ASSISTANT ENGINEER 0 43.18 3,454.49 1 45.34 3,627.20 2 47.61 3,808.57 3 49.99 3,998.99 4 52.49 4,198.95 6289 WCE ASSISTANT LAND SURVEYOR 0 41.12 3,289.98 1 43.18 3,454.48 2 45.34 3,627.21 3 47.61 3,808.56 4 49.99 3,999.00 Page 1002 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 6 of 73 4749 WCE ASSISTANT PLAN CHECK ENGINEER 0 40.94 3,275.12 1 42.99 3,438.88 2 45.14 3,610.82 3 47.39 3,791.36 4 49.76 3,980.93 4439 ACE ASSISTANT PLANNER 0 37.03 2,962.00 1 38.88 3,110.10 2 40.82 3,265.61 3 42.86 3,428.89 4 45.00 3,600.33 3635 CONF ASSOCIATE ACCOUNTANT 0 36.69 2,935.37 1 38.53 3,082.14 2 40.45 3,236.24 3 42.48 3,398.06 4 44.60 3,567.96 6017 WCE ASSOCIATE ENGINEER 0 49.66 3,972.66 1 52.14 4,171.29 2 54.75 4,379.86 3 57.49 4,598.84 4 60.36 4,828.79 6287 WCE ASSOCIATE LAND SURVEYOR 0 47.29 3,783.49 1 49.66 3,972.66 2 52.14 4,171.29 3 54.75 4,379.85 4 57.49 4,598.85 4747 WCE ASSOCIATE PLAN CHECK ENGINEER 0 47.08 3,766.38 1 49.43 3,954.70 2 51.91 4,152.43 3 54.50 4,360.05 4 57.23 4,578.06 4437 ACE ASSOCIATE PLANNER 0 40.73 3,258.20 1 42.76 3,421.11 2 44.90 3,592.17 3 47.15 3,771.78 4 49.50 3,960.37 Page 1003 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 7 of 73 5123 ACE AUTOMATED FINGERPRINT TECH 0 24.60 1,967.89 1 25.83 2,066.28 2 27.12 2,169.59 3 28.48 2,278.07 4 29.90 2,391.98 3404 MMCF BENEFITS MANAGER 0 55.60 4,447.78 1 58.38 4,670.16 2 61.30 4,903.68 3 64.36 5,148.87 4 67.58 5,406.31 2222 SM BUDGET AND ANALYSIS MANAGER 0 68.94 5,515.04 1 -- -- 2 -- -- 3 -- -- 4 83.79 6,703.58 4769 MM BUILDING INSPECTION MANAGER 0 52.98 4,238.77 1 55.63 4,450.71 2 58.42 4,673.24 3 61.34 4,906.91 4 64.40 5,152.26 4771 ACE BUILDING INSPECTOR I 0 34.61 2,769.00 1 36.34 2,907.45 2 38.16 3,052.82 3 40.07 3,205.46 4 42.07 3,365.74 4770 UCHR BUILDING INSPECTOR I (HOURLY) 0 34.61 -- 1 36.34 -- 2 38.16 -- 3 40.07 -- 4 42.07 -- 4773 ACE BUILDING INSPECTOR II 0 38.07 3,045.90 1 39.98 3,198.20 2 41.98 3,358.10 3 44.08 3,526.01 4 46.28 3,702.31 Page 1004 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 8 of 73 4774 UCHR BUILDING INSPECTOR II (HOURLY) 0 38.07 -- 1 39.98 -- 2 41.98 -- 3 44.08 -- 4 46.28 -- 4775 ACE BUILDING INSPECTOR III 0 41.88 3,350.49 1 43.98 3,518.01 2 46.17 3,693.92 3 48.48 3,878.61 4 50.91 4,072.54 4705 SM BUILDING OFFICIAL 0 72.22 5,777.38 1 -- -- 2 -- -- 3 -- -- 4 87.78 7,022.43 6412 PROF BUILDING PROJECT MANAGER 0 46.65 3,731.76 1 48.98 3,918.34 2 51.43 4,114.25 3 54.00 4,319.97 4 56.70 4,535.97 6402 MM BUILDING SERVICES MANAGER 0 56.03 4,482.68 1 58.84 4,706.80 2 61.78 4,942.14 3 64.87 5,189.25 4 68.11 5,448.72 6669 ACE BUILDING SERVICES SUPERVISOR 0 33.47 2,677.21 1 35.14 2,811.07 2 36.90 2,951.62 3 38.74 3,099.20 4 40.68 3,254.16 4505 ACE BUSINESS LICENSE REPRESENTATIV 0 24.26 1,940.45 1 25.47 2,037.47 2 26.74 2,139.34 3 28.08 2,246.31 4 29.48 2,358.63 Page 1005 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 9 of 73 6444 ACE CARPENTER 0 32.13 2,570.14 1 33.73 2,698.65 2 35.42 2,833.58 3 37.19 2,975.26 4 39.05 3,124.02 3669 ACE CASHIER 0 23.32 1,865.25 1 24.48 1,958.51 2 25.71 2,056.44 3 26.99 2,159.26 4 28.34 2,267.22 3053 SM CHIEF INFO SEC OFFICER 0 58.85 4,708.27 1 -- -- 2 -- -- 3 -- -- 4 71.54 5,722.94 5001 EXEC CHIEF OF POLICE 0 121.72 9,737.64 1 -- -- 2 -- -- 3 -- -- 4 147.95 11,836.17 2011 MMUC CHIEF OF STAFF 0 46.14 3,691.15 1 -- -- 2 -- -- 3 53.17 4,253.53 4 56.08 4,486.62 2400 CATY CITY ATTORNEY (ELECTED) 0 -- -- Effective 07/01/2024 1 -- -- 2 -- -- 3 -- -- 4 117.66 9,412.58 2435 CONF CITY ATTY INVESTIGATOR 0 35.67 2,853.20 1 37.45 2,995.86 2 39.32 3,145.66 3 41.29 3,302.94 4 43.35 3,468.09 Page 1006 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 10 of 73 2201 CCLK CITY CLERK 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 109.19 8,735.50 2710 CMGR CITY MANAGER 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 167.76 13,420.92 5429 ACE CIVILIAN BCKGRND INVESTIGATOR 0 30.39 2,431.18 1 31.91 2,552.74 2 33.50 2,680.37 3 35.18 2,814.39 4 36.94 2,955.11 5431 UCHR CIVILIAN POLICE INVESTIGATOR 0 25.79 -- 1 27.08 -- 2 28.43 -- 3 29.85 -- 4 31.35 -- 0241 UCHR CLERICAL AIDE 0 16.53 -- 1 17.35 -- 2 18.22 -- 3 19.13 -- 4 20.09 -- 4757 SM CODE ENFORCEMENT MANAGER 0 57.75 4,620.29 1 -- -- 2 -- -- 3 66.86 5,348.56 4 70.20 5,616.00 4777 ACE CODE ENFORCEMENT OFFICER I 0 30.13 2,410.68 1 31.64 2,531.21 2 33.22 2,657.77 3 34.88 2,790.66 4 36.63 2,930.19 Page 1007 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 11 of 73 4778 UCHR CODE ENFORCEMENT OFFICER II 0 33.15 -- 1 34.80 -- 2 36.54 -- 3 38.37 -- 4 40.29 -- 4779 ACE CODE ENFORCEMENT OFFICER II 0 33.15 2,651.74 1 34.80 2,784.33 2 36.54 2,923.55 3 38.37 3,069.72 4 40.29 3,223.21 4789 ACE CODE ENFORCEMENT TECHNICIAN 0 26.20 2,096.24 1 34.80 2,784.33 2 36.54 2,923.55 3 38.37 3,069.72 4 40.29 3,223.21 3683 MM COLLECTIONS SUPERVISOR 0 39.80 3,184.37 1 41.80 3,343.60 2 43.88 3,510.76 3 46.08 3,686.32 4 48.38 3,870.63 2781 SM COMMUNICATIONS MGR 0 65.33 5,226.63 1 -- -- 2 -- -- 3 76.73 6,138.47 4 79.41 6,353.00 2787 PRUC COMMUNICATIONS OFFICER 0 43.09 3,447.11 1 45.24 3,619.47 2 47.51 3,800.45 3 49.88 3,990.48 4 52.38 4,190.00 2757 ACE COMMUNITY ENGAGEMENT SPEC 0 37.03 2,962.00 1 38.88 3,110.10 2 40.82 3,265.61 3 42.86 3,428.89 4 45.00 3,600.33 Page 1008 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 12 of 73 5141 ACE COMMUNITY SERVICES OFFICER 0 25.32 2,025.98 1 26.59 2,127.28 2 27.92 2,233.65 3 29.32 2,345.33 4 30.78 2,462.59 5142 UCHR COMMUNITY SERVICES OFFICER 0 25.32 -- 1 26.59 -- 2 27.92 -- 3 29.32 -- 4 30.78 -- 6201 UCHR CONSERV SPECIALIST I (HOURLY) 0 33.25 -- 1 34.91 -- 2 36.65 -- 3 38.49 -- 4 40.41 -- 6200 ACE CONSERVATION SPECIALIST I 0 33.25 2,659.72 1 34.91 2,792.70 2 36.65 2,932.34 3 38.49 3,078.95 4 40.41 3,232.90 6202 ACE CONSERVATION SPECIALIST II 0 36.57 2,925.69 1 38.40 3,071.97 2 40.32 3,225.57 3 42.34 3,386.85 4 44.45 3,556.19 6427 ACE CONSTRUCTION & REPAIR SUPV 0 44.51 3,560.87 1 46.74 3,738.92 2 49.07 3,925.86 3 51.53 4,122.15 4 54.10 4,328.26 2023 UCHR COUNCIL ASSISTANT 0 24.60 -- 1 25.83 -- 2 27.12 -- 3 28.48 -- 4 29.90 -- Page 1009 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 13 of 73 2003 CL COUNCILPERSON 0 -- -- Effective 07/01/2024 1 -- -- 2 -- -- 3 -- -- 4 31.06 2,484.92 5757 UCHR COVID SITE ASST 0 16.00 -- 1 16.80 -- 2 17.64 -- 3 18.52 -- 4 19.45 -- 5101 MM CRIME LABORATORY MANAGER 0 51.54 4,123.54 1 54.12 4,329.71 2 56.83 4,546.21 3 59.67 4,773.51 4 62.65 5,012.19 5143 UCBN CSO (TEMPORARY APPOINTMENT) 0 25.32 2,025.98 1 26.59 2,127.28 2 27.92 2,233.65 3 29.32 2,345.33 4 30.78 2,462.59 5143 UCHR CSO (TEMPORARY APPOINTMENT) 0 25.32 -- 1 26.59 -- 2 27.92 -- 3 29.32 -- 4 30.78 -- 6667 ACE CUSTODIAL SUPERVISOR 0 27.75 2,219.96 1 29.14 2,330.96 2 30.59 2,447.50 3 32.12 2,569.88 4 33.73 2,698.37 6661 ACE CUSTODIAN 0 21.94 1,754.89 1 23.03 1,842.63 2 24.18 1,934.76 3 25.39 2,031.50 4 26.66 2,133.08 Page 1010 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 14 of 73 6662 UCHR CUSTODIAN 0 21.94 -- 1 23.03 -- 2 24.18 -- 3 25.39 -- 4 26.66 -- 7191 ACE DELIVERY DRIVER 0 21.78 1,742.13 1 22.87 1,829.24 2 24.01 1,920.70 3 25.21 2,016.73 4 26.47 2,117.57 2703 EXEC DEP CITY MGR/DIR OF PUB WORKS 0 109.88 8,790.47 1 -- -- 2 -- -- 3 123.98 9,918.64 4 133.56 10,684.89 5352 SM DEP DIR OF ANIMAL SERVICES 0 72.90 5,832.26 1 -- -- 2 -- -- 3 -- -- 4 88.61 7,089.16 4043 SM DEP DIRECTOR OF DEVLPMNT SVCS 0 79.70 6,375.65 1 87.27 6,981.27 2 91.63 7,330.34 3 -- -- 4 96.87 7,749.66 2212 SM DEP DIRECTOR, CITY CLERK SVCS 0 49.85 3,987.80 1 -- -- 2 -- -- 3 57.70 4,616.37 4 60.59 4,847.20 2410 PRUC DEPUTY CITY ATTORNEY I 0 62.76 5,020.75 1 65.90 5,271.79 2 69.19 5,535.37 3 72.65 5,812.15 4 76.28 6,102.75 Page 1011 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 15 of 73 2408 PRUC DEPUTY CITY ATTORNEY II 0 69.04 5,522.84 1 72.49 5,798.98 2 76.11 6,088.93 3 79.92 6,393.37 4 83.91 6,713.05 2411 SM DEPUTY CITY ATTORNEY III 0 81.67 6,533.38 1 88.11 7,048.71 2 92.30 7,384.36 3 -- -- 4 99.27 7,941.35 2245 CONF DEPUTY CITY CLERK I 0 34.49 2,759.51 1 36.22 2,897.49 2 38.03 3,042.36 3 39.93 3,194.48 4 41.93 3,354.20 2245 PRUC DEPUTY CITY CLERK I 0 29.50 2,359.62 1 30.97 2,477.59 2 32.52 2,601.47 3 34.14 2,731.56 4 35.85 2,868.12 2243 CONF DEPUTY CITY CLERK II 0 37.94 3,035.46 1 39.84 3,187.24 2 41.83 3,346.60 3 43.92 3,513.93 4 46.12 3,689.63 2243 PRUC DEPUTY CITY CLERK II 0 32.44 2,595.58 1 34.07 2,725.36 2 35.77 2,861.63 3 37.56 3,004.72 4 39.44 3,154.94 2705 EXEC DEPUTY CITY MANAGER 0 109.88 8,790.47 1 -- -- 2 -- -- 3 -- -- 4 133.56 10,684.89 Page 1012 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 16 of 73 5505 SM DEPUTY FIRE CHIEF 0 92.44 7,395.52 1 -- -- 2 -- -- 3 -- -- 4 112.37 8,989.31 5137 ACE DETENTIONS OFFICER 0 30.39 2,431.18 1 31.91 2,552.74 2 33.50 2,680.37 3 35.18 2,814.39 4 36.94 2,955.11 5135 ACE DETENTIONS SUPERVISOR 0 34.95 2,795.86 1 36.70 2,935.65 2 38.53 3,082.43 3 40.46 3,236.55 4 42.48 3,398.38 4718 PROF DEVELOPMENT AUTOMATION SPEC 0 44.67 3,573.57 1 46.90 3,752.26 2 49.25 3,939.86 3 51.71 4,136.86 4 54.30 4,343.71 4025 SM DEVELOPMENT PROJECT MGR 0 71.29 5,703.54 1 74.86 5,988.72 2 78.60 6,288.16 3 82.53 6,602.57 4 86.66 6,932.69 4547 MM DEVELOPMENT SERVICES COUNTER M 0 49.72 3,977.81 1 52.21 4,176.69 2 54.82 4,385.54 3 57.56 4,604.81 4 60.44 4,835.05 4540 UCHR DEVELOPMENT SERVICES TECH I 0 27.69 -- 1 29.07 -- 2 30.53 -- 3 32.05 -- 4 33.66 -- Page 1013 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 17 of 73 4542 ACE DEVELOPMENT SERVICES TECH I 0 27.69 2,215.13 1 29.07 2,325.88 2 30.53 2,442.18 3 32.05 2,564.29 4 33.66 2,692.50 4541 ACE DEVELOPMENT SERVICES TECH II 0 30.46 2,436.64 1 31.98 2,558.47 2 33.58 2,686.39 3 35.26 2,820.71 4 37.02 2,961.75 4544 UCHR DEVELOPMENT SERVICES TECH II 0 30.46 -- 1 31.98 -- 2 33.58 -- 3 35.26 -- 4 37.02 -- 4543 ACE DEVELOPMENT SERVICES TECH III 0 35.03 2,802.14 1 36.78 2,942.24 2 38.62 3,089.35 3 40.55 3,243.82 4 42.58 3,406.01 5249 ACE DIGITAL FORENSICS ANLYT I 0 35.64 2,851.17 1 37.42 2,993.73 2 39.29 3,143.42 3 41.26 3,300.59 4 43.32 3,465.62 5247 ACE DIGITAL FORENSICS ANLYT II 0 40.99 3,278.85 1 43.03 3,442.79 2 45.19 3,614.93 3 47.45 3,795.67 4 49.82 3,985.46 5245 ACE DIGITAL FORENSICS TECH I 0 28.09 2,247.32 1 29.50 2,359.69 2 30.97 2,477.67 3 32.52 2,601.56 4 34.15 2,731.64 Page 1014 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 18 of 73 5246 UCHR DIGITAL FORENSICS TECH I 0 28.09 -- 1 29.50 -- 2 30.97 -- 3 32.52 -- 4 34.15 -- 5243 ACE DIGITAL FORENSICS TECH II 0 32.31 2,584.42 1 33.92 2,713.64 2 35.62 2,849.32 3 37.40 2,991.79 4 39.27 3,141.38 5244 UCHR DIGITAL FORENSICS TECH II 0 32.31 -- 1 33.92 -- 2 35.62 -- 3 37.40 -- 4 39.27 -- 5350 EXEC DIR OF ANIMAL SERVICES 0 87.48 6,998.72 1 -- -- 2 -- -- 3 -- -- 4 106.34 8,507.00 4039 EXEC DIR OF DEVELOPMENT SERVICES 0 96.23 7,698.60 1 -- -- 2 -- -- 3 112.71 9,016.95 4 116.97 9,357.70 2734 EXEC DIR OF ECONOMIC DEVELOPMENT 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 6006 EXEC DIR OF ENGINEERING/CITY ENG 0 96.23 7,698.60 1 -- -- 2 -- -- 3 -- -- 4 116.97 9,357.70 Page 1015 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 19 of 73 3601 EXEC DIR OF FINANCE 0 96.23 7,698.60 1 -- -- 2 -- -- 3 112.71 9,016.95 4 116.97 9,357.70 4301 EXEC DIR OF HOUSING & HOMELESS SVS 0 87.48 6,998.72 1 88.61 7,088.96 2 -- -- 3 -- -- 4 106.34 8,507.00 3300 EXEC DIR OF HUMAN RESOURCES/RISK MG 0 96.23 7,698.60 1 -- -- 2 -- -- 3 112.71 9,016.95 4 116.97 9,357.70 3001 EXEC DIR OF INFO TECH SERVICES 0 96.23 7,698.60 1 -- -- 2 107.20 8,575.80 3 -- -- 4 116.97 9,357.70 7001 EXEC DIR OF LIBRARY SERVICES 0 87.48 6,998.72 1 -- -- 2 -- -- 3 102.09 8,167.13 4 106.34 8,507.00 7301 EXEC DIR OF PARKS & RECREATION 0 96.23 7,698.60 1 -- -- 2 108.17 8,653.85 3 -- -- 4 116.97 9,357.70 6320 EXEC DIR OF PUBLIC WORKS 0 96.23 7,698.60 1 -- -- 2 -- -- 3 -- -- 4 116.97 9,357.70 Page 1016 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 20 of 73 2720 SM ECONOMIC DEVELOPMENT MGR 0 71.26 5,700.71 1 -- -- 2 -- -- 3 -- -- 4 86.62 6,929.27 2747 ACE ECONOMIC DEVELOPMENT SPEC I 0 33.94 2,715.17 1 35.64 2,850.93 2 37.42 2,993.48 3 39.29 3,143.15 4 41.25 3,300.31 2749 ACE ECONOMIC DEVELOPMENT SPEC II 0 40.73 3,258.20 1 42.76 3,421.11 2 44.90 3,592.17 3 47.15 3,771.78 4 49.50 3,960.37 6438 ACE ELECTRICIAN 0 33.66 2,692.53 1 35.34 2,827.16 2 37.11 2,968.51 3 38.96 3,116.94 4 40.91 3,272.79 6492 ACE ELECTRONIC/EQUIPMENT INSTALLER 0 30.60 2,447.76 1 32.13 2,570.14 2 33.73 2,698.65 3 35.42 2,833.58 4 37.19 2,975.26 6475 ACE ELECTRONICS TECHNICIAN 0 37.02 2,961.78 1 38.87 3,109.87 2 40.82 3,265.37 3 42.86 3,428.63 4 45.00 3,600.07 6472 ACE ELECTRONICS TECHNICIAN SUPV 0 42.58 3,406.05 1 44.70 3,576.35 2 46.94 3,755.17 3 49.29 3,942.93 4 51.75 4,140.08 Page 1017 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 21 of 73 5560 SM EMERGENCY SERVICES MGR 0 53.77 4,301.57 1 -- -- 2 -- -- 3 -- -- 4 65.36 5,228.58 5557 PROF EMS EDUCATOR 0 45.27 3,621.96 1 47.54 3,803.06 2 49.92 3,993.23 3 52.41 4,192.88 4 55.03 4,402.52 5567 PROF EMS NURSE COORDINATOR 0 54.33 4,346.36 1 57.05 4,563.66 2 59.90 4,791.86 3 62.89 5,031.45 4 66.04 5,283.01 5657 NIAF EMT (NON-SAFETY) - A 0 17.19 1 18.05 2 18.96 3 19.90 4 20.90 5659 NIAF EMT (NON-SAFETY) - C 0 27.51 1 28.88 2 30.33 3 31.84 4 33.44 5658 UCHR EMT (NON-SAFETY/HRLY) 0 17.19 -- 1 18.05 -- 2 18.96 -- 3 19.90 -- 4 20.90 -- 6081 ACE ENGINEERING TECHNICIAN I 0 31.22 2,497.30 1 32.78 2,622.17 2 34.42 2,753.28 3 36.14 2,890.94 4 37.94 3,035.49 Page 1018 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 22 of 73 6071 ACE ENGINEERING TECHNICIAN II 0 34.34 2,747.03 1 36.05 2,884.39 2 37.86 3,028.60 3 39.75 3,180.03 4 41.74 3,339.04 6205 MM ENVIRONMENTAL SERVICES MANAGER 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 6207 MM ENVIRONMENTAL SUSTNBILITY MGR 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 6505 MM EQUIPMENT MAINTENANCE MANAGER 0 42.54 3,403.38 1 44.67 3,573.54 2 46.90 3,752.23 3 49.25 3,939.84 4 51.71 4,136.83 6542 ACE EQUIPMENT MECHANIC 0 31.29 2,503.37 1 32.86 2,628.54 2 34.50 2,759.97 3 36.22 2,897.97 4 38.04 3,042.86 6361 ACE EQUIPMENT OPERATOR 0 31.85 2,548.10 1 33.44 2,675.50 2 35.12 2,809.28 3 36.87 2,949.74 4 38.72 3,097.23 0187 CONF EXECUTIVE SECRETARY 0 36.27 2,901.53 1 38.08 3,046.60 2 39.99 3,198.93 3 41.99 3,358.88 4 44.09 3,526.82 Page 1019 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 23 of 73 5270 CONF FA ACCOUNTING TECHNICIAN 0 30.68 2,454.66 1 32.22 2,577.40 2 33.83 2,706.27 3 35.52 2,841.58 4 37.30 2,983.66 5456 PRUC FA ADMIN PROGRAM MGR 0 39.55 3,164.25 1 41.53 3,322.46 2 43.61 3,488.58 3 45.79 3,663.01 4 48.08 3,846.16 5297 CONF FA ADMINSTRATIVE ANALYST I 0 33.70 2,696.11 1 35.39 2,830.91 2 37.16 2,972.46 3 39.01 3,121.08 4 40.96 3,277.13 5296 CONF FA ADMINSTRATIVE ANALYST II 0 37.07 2,965.72 1 38.93 3,114.00 2 40.87 3,269.70 3 42.91 3,433.19 4 45.06 3,604.85 5277 CONF FA ANALYST 0 25.75 2,060.28 1 27.04 2,163.29 2 28.39 2,271.46 3 29.81 2,385.03 4 31.30 2,504.28 5455 MMUC FA CYBER SECURITY PROG MGR 0 47.94 3,834.98 1 50.33 4,026.71 2 52.85 4,228.05 3 55.49 4,439.44 4 58.27 4,661.42 5467 SM FA DEPUTY DIRECTOR OF IV-LECC 0 58.08 4,646.09 1 60.98 4,878.39 2 64.03 5,122.31 3 67.23 5,378.43 4 70.59 5,647.35 Page 1020 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 24 of 73 5465 SM FA DEPUTY DIRECTOR OF LECC 0 56.88 4,550.66 Effective 07/01/2024 1 59.73 4,778.19 2 62.71 5,017.10 3 65.85 5,267.95 4 69.14 5,531.35 5463 SM FA DEPUTY EXECUTIVE DIRECTOR 0 69.07 5,525.37 Effective 07/01/2024 1 -- -- 2 -- -- 3 -- -- 4 83.95 6,716.12 5274 SM FA DIRECTOR OF SD LECC 0 73.38 5,870.68 1 78.70 6,296.39 2 82.64 6,611.20 3 -- -- 4 89.20 7,135.85 5286 CONF FA EXECUTIVE ASSISTANT 0 32.99 2,639.59 1 34.64 2,771.57 2 36.38 2,910.15 3 38.20 3,055.66 4 40.11 3,208.44 5461 EXEC FA EXECUTIVE DIRECTOR 0 60.19 4,815.34 1 -- -- 2 -- -- 3 -- -- 4 73.16 5,853.08 5493 MMUC FA FINANCE MANAGER 0 62.39 4,991.06 Effective 07/01/2024 1 65.51 5,240.61 2 68.78 5,502.64 3 72.22 5,777.77 4 75.83 6,066.66 5439 PRUC FA GEOSPATIAL INTEL ANALYST 0 45.71 3,656.96 1 48.00 3,839.82 2 50.40 4,031.81 3 52.92 4,233.40 4 55.56 4,445.07 Page 1021 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 25 of 73 5453 MMUC FA INFO SYSTEMS PROGRAM MGR 0 53.32 4,265.88 1 55.99 4,479.17 2 58.79 4,703.10 3 61.73 4,938.27 4 64.82 5,185.20 5485 CONF FA INTEL ANLYT 0 34.86 2,788.92 1 36.60 2,928.36 2 38.43 3,074.78 3 40.36 3,228.52 4 42.37 3,389.95 5491 SM FA IVDC-LECC EXEC DIRECTOR 0 68.31 5,464.96 Effective 07/01/2024 1 -- -- 2 -- -- 3 -- -- 4 83.03 6,642.69 5440 MMUC FA LECC INFO TECH MANAGER 0 48.76 3,900.76 1 51.20 4,095.80 2 53.76 4,300.60 3 56.45 4,515.61 4 59.27 4,741.40 5278 CONF FA MANAGEMENT ASSISTANT 0 31.42 2,513.90 1 32.99 2,639.59 2 34.64 2,771.57 3 36.38 2,910.15 4 38.20 3,055.66 5443 PRUC FA MICROCOMPUTER SPECIALIST 0 39.64 3,171.58 1 41.63 3,330.14 2 43.71 3,496.64 3 45.89 3,671.49 4 48.19 3,855.05 5292 PRUC FA NETWORK ADMINISTRATOR I 0 39.90 3,191.81 1 41.89 3,351.40 2 43.99 3,518.97 3 46.19 3,694.92 4 48.50 3,879.68 Page 1022 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 26 of 73 5294 PRUC FA NETWORK ADMINISTRATOR II 0 43.89 3,511.00 1 46.08 3,686.56 2 48.39 3,870.88 3 50.81 4,064.43 4 53.35 4,267.65 5457 PRUC FA NETWORK ADMINISTRATOR III 0 46.23 3,698.00 1 48.54 3,882.90 2 50.96 4,077.03 3 53.51 4,280.89 4 56.19 4,494.94 5444 PRUC FA PROGRAM ANALYST 0 47.30 3,783.77 1 49.66 3,972.96 2 52.15 4,171.61 3 54.75 4,380.19 4 57.49 4,599.21 5451 CONF FA PROGRAM ASSISTANT 0 25.10 2,008.14 1 26.36 2,108.54 2 27.67 2,213.97 3 29.06 2,324.67 4 30.51 2,440.90 5452 PRUC FA PROGRAM ASSISTANT SUPV 0 34.40 2,751.96 1 36.12 2,889.56 2 37.93 3,034.04 3 39.82 3,185.75 4 41.81 3,345.02 5445 SM FA PROGRAM MANAGER 0 52.81 4,224.87 1 55.52 4,441.89 2 58.22 4,657.93 3 61.14 4,890.81 4 64.19 5,135.37 5497 MMUC FA PUBLIC-PRVT PART EXER MGR 0 49.59 3,967.22 1 52.07 4,165.58 2 54.67 4,373.84 3 57.41 4,592.55 4 60.28 4,822.18 Page 1023 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 27 of 73 5284 CONF FA RCFL NETWORK ENGINEER 0 40.46 3,236.45 1 42.48 3,398.27 2 44.60 3,568.18 3 46.83 3,746.59 4 49.17 3,933.92 5495 PRUC FA SENIOR FINANCIAL ANALYST 0 37.06 2,965.13 1 38.92 3,113.38 2 40.86 3,269.07 3 42.91 3,432.51 4 45.05 3,604.13 5483 PRUC FA SENIOR INTELLIGENCE ANALYST 0 39.03 3,122.58 1 40.98 3,278.73 2 43.03 3,442.66 3 45.18 3,614.79 4 47.44 3,795.52 5454 CONF FA SENIOR PROGRAM ASSISTANT 0 29.86 2,389.18 1 31.36 2,508.64 2 32.93 2,634.08 3 34.57 2,765.78 4 36.30 2,904.07 5477 CONF FA SENIOR SECRETARY 0 25.82 2,065.79 1 27.11 2,169.08 2 28.47 2,277.53 3 29.89 2,391.41 4 31.39 2,510.98 5489 PRUC FA SUP INTEL ANALYST I 0 42.94 3,434.85 1 45.08 3,606.60 2 47.34 3,786.92 3 49.70 3,976.27 4 52.19 4,175.08 5487 PRUC FA SUP INTEL ANALYST II 0 49.38 3,950.08 1 51.84 4,147.58 2 54.44 4,354.96 3 57.16 4,572.72 4 60.02 4,801.35 Page 1024 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 28 of 73 4051 SM FAC FINANCE MANAGER 0 56.03 4,482.18 1 -- -- 2 62.25 4,979.60 3 -- -- 4 68.10 5,448.12 6425 MM FACILITIES MANAGER 0 48.46 3,876.41 1 50.88 4,070.22 2 53.42 4,273.74 3 56.09 4,487.43 4 58.90 4,711.81 7471 ACE FIELD MAINTENANCE SPECIALIST 0 25.42 2,033.62 1 26.69 2,135.30 2 28.03 2,242.06 3 29.43 2,354.16 4 30.90 2,471.87 3623 SM FINANCE MGR 0 64.70 5,176.32 1 -- -- 2 -- -- 3 -- -- 4 78.65 6,291.85 3624 SM FINANCE MGR (CPA) 0 71.17 5,693.95 1 -- -- 2 78.25 6,260.10 3 -- -- 4 86.51 6,921.04 5511 IAFF FIRE BATTALION CHIEF - A 0 43.29 4,848.94 1 45.46 5,091.40 2 47.73 5,345.96 3 50.12 5,613.26 4 52.62 5,893.92 5513 IAFF FIRE BATTALION CHIEF - C 0 60.61 4,848.94 1 63.64 5,091.39 2 66.82 5,345.96 3 70.17 5,613.25 4 73.67 5,893.92 Page 1025 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 29 of 73 5584 UCHR FIRE CAPT - C (HOURLY) 0 48.94 -- 1 51.39 -- 2 53.95 -- 3 56.65 -- 4 59.49 -- 5583 IAFF FIRE CAPTAIN - A 0 34.96 3,915.11 1 36.70 4,110.85 2 38.54 4,316.40 3 40.47 4,532.21 4 42.49 4,758.81 5582 IAFF FIRE CAPTAIN - B 0 46.61 3,915.10 1 48.94 4,110.84 2 51.39 4,316.39 3 53.95 4,532.21 4 56.65 4,758.81 5581 IAFF FIRE CAPTAIN - C 0 48.94 3,915.10 1 51.39 4,110.84 2 53.95 4,316.38 3 56.65 4,532.21 4 59.49 4,758.81 5501 EXEC FIRE CHIEF 0 106.01 8,481.11 1 -- -- 2 -- -- 3 -- -- 4 128.86 10,308.85 5507 MMUC FIRE DIVISION CHIEF 0 68.76 5,500.85 1 72.20 5,775.88 2 75.81 6,064.68 3 79.60 6,367.90 4 83.58 6,686.31 5603 IAFF FIRE ENGINEER - A 0 30.36 3,400.70 1 31.88 3,570.74 2 33.48 3,749.28 3 35.15 3,936.74 4 36.91 4,133.57 Page 1026 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 30 of 73 5601 IAFF FIRE ENGINEER - C 0 42.51 3,400.72 1 44.63 3,570.74 2 46.87 3,749.28 3 49.21 3,936.74 4 51.67 4,133.58 5536 UCHR FIRE INSPECTOR 0 35.08 -- 1 36.84 -- 2 38.68 -- 3 40.61 -- 4 42.64 -- 5530 IAFF FIRE INSPECTOR/INVESTIGATOR I 0 35.08 2,806.70 1 36.84 2,947.04 2 38.68 3,094.40 3 40.61 3,249.12 4 42.64 3,411.57 5531 IAFF FIRE INSPECTOR/INVESTIGATOR II 0 38.59 3,087.36 1 40.52 3,241.73 2 42.55 3,403.82 3 44.68 3,574.00 4 46.91 3,752.70 5555 ACE FIRE INVENTORY SPECIALIST 0 29.66 2,372.42 1 31.14 2,491.04 2 32.69 2,615.59 3 34.33 2,746.37 4 36.05 2,883.69 5533 UCHR FIRE PREVENTION AIDE 0 15.57 -- 1 16.34 -- 2 17.16 -- 3 18.02 -- 4 18.92 -- 5528 IAFF FIRE PREVENTION ENG/INVSTGTR 0 46.55 3,723.73 1 48.87 3,909.92 2 51.32 4,105.41 3 53.88 4,310.69 4 56.58 4,526.22 Page 1027 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 31 of 73 5537 ACE FIRE PREVENTION SPECIALIST 0 30.46 2,436.64 1 31.98 2,558.47 2 33.58 2,686.39 3 35.26 2,820.71 4 37.02 2,961.75 5625 ACE FIRE RECRUIT 0 27.02 2,161.72 1 28.37 2,269.80 2 29.79 2,383.30 3 31.28 2,502.46 4 32.84 2,627.58 5623 IAFF FIREFIGHTER - A 0 25.18 2,820.52 1 26.44 2,961.55 2 27.76 3,109.62 3 29.15 3,265.11 4 30.61 3,428.34 5621 IAFF FIREFIGHTER - C 0 35.26 2,820.52 1 37.02 2,961.55 2 38.87 3,109.62 3 40.81 3,265.10 4 42.85 3,428.36 5613 IAFF FIREFIGHTER/PARAMEDIC - A 0 28.96 3,243.60 1 30.41 3,405.79 2 31.93 3,576.07 3 33.53 3,754.87 4 35.20 3,942.60 5612 IAFF FIREFIGHTER/PARAMEDIC - B 0 38.61 3,243.59 1 40.55 3,405.78 2 42.57 3,576.07 3 44.70 3,754.86 4 46.94 3,942.62 5611 IAFF FIREFIGHTER/PARAMEDIC - C 0 40.55 3,243.60 1 42.57 3,405.78 2 44.70 3,576.07 3 46.94 3,754.86 4 49.28 3,942.62 Page 1028 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 32 of 73 0216 PRCF FISCAL AND MANAGEMENT ANALYST 0 51.59 4,127.44 1 54.17 4,333.81 2 56.88 4,550.50 3 59.73 4,778.03 4 62.71 5,016.93 3627 MMCF FISCAL DEBT MGMT ANALYST 0 51.59 4,127.44 1 54.17 4,333.81 2 56.88 4,550.50 3 59.73 4,778.03 4 62.71 5,016.93 0169 ACE FISCAL OFFICE SPECIALIST 0 22.62 1,809.98 1 23.76 1,900.48 2 24.94 1,995.50 3 26.19 2,095.28 4 27.50 2,200.04 0170 UCHR FISCAL OFFICE SPECIALIST 0 22.62 -- 1 23.76 -- 2 24.94 -- 3 26.19 -- 4 27.50 -- 3610 PROF FISCAL SERVICES ANALYST 0 51.59 4,127.44 1 54.17 4,333.81 2 56.88 4,550.50 3 59.73 4,778.03 4 62.71 5,016.93 6513 ACE FLEET INVENTORY CONTROL SPEC 0 29.66 2,372.42 1 31.14 2,491.04 2 32.69 2,615.59 3 34.33 2,746.37 4 36.05 2,883.69 6501 MM FLEET MANAGER 0 47.26 3,780.79 1 49.62 3,969.83 2 52.10 4,168.32 3 54.71 4,376.74 4 57.44 4,595.56 Page 1029 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 33 of 73 6507 ACE FLEET SUPERVISOR 0 41.42 3,313.57 1 43.49 3,479.25 2 45.67 3,653.21 3 47.95 3,835.87 4 50.35 4,027.67 5114 ACE FORENSICS SPECIALIST 0 35.54 2,842.86 1 37.31 2,985.01 2 39.18 3,134.26 3 41.14 3,290.97 4 43.19 3,455.52 5759 UCHR FUELS MODULE CREWMEMBER 0 19.32 -- 1 20.29 -- 2 -- -- 3 -- -- 4 -- -- 3075 ACE GIS ANALYST 0 37.98 3,038.39 1 39.88 3,190.31 2 41.87 3,349.83 3 43.97 3,517.32 4 46.16 3,693.18 3079 MM GIS MANAGER 0 49.89 3,991.41 1 52.39 4,190.99 2 55.01 4,400.53 3 57.76 4,620.56 4 60.65 4,851.60 3077 ACE GIS TECHNICIAN 0 31.06 2,484.94 1 32.61 2,609.18 2 34.25 2,739.64 3 35.96 2,876.62 4 37.76 3,020.46 2775 ACE GRAPHIC DESIGNER 0 31.70 2,536.08 1 33.29 2,662.88 2 34.95 2,796.03 3 36.70 2,935.83 4 38.53 3,082.62 Page 1030 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 34 of 73 4321 MM HOMELESS SERVICES MANAGER 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 4325 ACE HOMELESS SERVICES SPEC I 0 29.97 2,397.95 1 31.47 2,517.85 2 33.05 2,643.74 3 34.70 2,775.93 4 36.43 2,914.73 4323 ACE HOMELESS SERVICES SPEC II 0 32.97 2,637.75 1 34.62 2,769.64 2 36.35 2,908.12 3 38.17 3,053.53 4 40.08 3,206.21 4311 MM HOUSING MANAGER 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 3310 PRCF HUMAN RESOURCES ANALYST 0 37.96 3,036.47 1 39.85 3,188.29 2 41.85 3,347.72 3 43.94 3,515.10 4 46.14 3,690.85 3312 UCHR HUMAN RESOURCES ANALYST 0 37.96 -- 1 39.85 -- 2 41.85 -- 3 43.94 -- 4 46.14 -- 3331 SM HUMAN RESOURCES MANAGER 0 65.12 5,209.57 1 -- -- 2 -- -- 3 75.38 6,030.73 4 79.15 6,332.27 Page 1031 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 35 of 73 3332 UCHR HUMAN RESOURCES MANAGER 0 62.02 -- 1 -- -- 2 -- -- 3 -- -- 4 75.38 -- 3315 CONF HUMAN RESOURCES TECHNICIAN 0 30.05 2,403.99 1 31.55 2,524.19 2 33.13 2,650.40 3 34.79 2,782.92 4 36.53 2,922.06 6430 ACE HVAC TECHNICIAN 0 33.66 2,692.53 1 35.34 2,827.16 2 37.11 2,968.51 3 38.96 3,116.94 4 40.91 3,272.79 5104 SM INFO TECHNOLOGY MANAGER 0 68.60 5,487.68 1 71.19 5,695.53 2 -- -- 3 -- -- 4 83.38 6,670.31 3033 SM INFO TECHNOLOGY PROJ MANAGER 0 61.55 4,924.38 1 64.63 5,170.59 2 67.31 5,385.00 3 -- -- 4 74.82 5,985.62 3055 PROF INFO TECHNOLOGY SEC ANALYST 0 50.03 4,002.03 1 52.53 4,202.12 2 55.15 4,412.23 3 57.91 4,632.84 4 60.81 4,864.48 3017 ACE INFO TECHNOLOGY TECHNICIAN 0 31.83 2,546.13 1 33.42 2,673.44 2 35.09 2,807.11 3 36.84 2,947.46 4 38.69 3,094.84 Page 1032 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 36 of 73 3018 UCHR INFO TECHNOLOGY TECHNICIAN 0 31.83 -- 1 33.42 -- 2 35.09 -- 3 36.84 -- 4 38.69 -- 0269 UCHR INTERN - GRADUATE 0 17.71 -- 1 18.60 -- 2 19.53 -- 3 20.50 -- 4 21.53 -- 0267 UCHR INTERN - UNDERGRADUATE 0 16.10 -- 1 16.91 -- 2 17.75 -- 3 18.64 -- 4 19.57 -- 4480 PROF LANDSCAPE ARCHITECT 0 43.20 3,455.87 1 45.36 3,628.66 2 47.63 3,810.09 3 50.01 4,000.59 4 52.51 4,200.63 6291 ACE LANDSCAPE INSPECTOR 0 38.07 3,045.90 1 39.98 3,198.20 2 41.98 3,358.10 3 44.08 3,526.01 4 46.28 3,702.31 4482 ACE LANDSCAPE PLANNER I 0 37.03 2,962.00 1 38.88 3,110.10 2 40.82 3,265.61 3 42.86 3,428.89 4 45.00 3,600.33 4483 ACE LANDSCAPE PLANNER II 0 40.73 3,258.20 1 42.76 3,421.11 2 44.90 3,592.17 3 47.15 3,771.78 4 49.50 3,960.37 Page 1033 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 37 of 73 5111 ACE LATENT PRINT EXAMINER 0 40.99 3,278.85 1 43.03 3,442.79 2 45.19 3,614.93 3 47.45 3,795.67 4 49.82 3,985.46 2465 MMUC LAW OFFICE MANAGER 0 39.72 3,177.69 1 41.71 3,336.59 2 43.79 3,503.41 3 45.98 3,678.60 4 48.28 3,862.53 2466 UCHR LAW OFFICE MGR (HOURLY) 0 39.72 -- 1 41.71 -- 2 43.79 -- 3 45.98 -- 4 48.28 -- 6663 ACE LEAD CUSTODIAN 0 24.13 1,930.39 1 25.34 2,026.91 2 26.60 2,128.26 3 27.93 2,234.67 4 29.33 2,346.40 0183 CONF LEGAL ASSISTANT 0 30.27 2,421.71 1 31.78 2,542.79 2 33.37 2,669.93 3 35.04 2,803.43 4 36.80 2,943.60 7075 ACE LIBRARIAN I 0 30.72 2,457.66 1 32.26 2,580.54 2 33.87 2,709.57 3 35.56 2,845.05 4 37.34 2,987.30 7076 UCHR LIBRARIAN I 0 30.72 -- 1 32.26 -- 2 33.87 -- 3 35.56 -- 4 37.34 -- Page 1034 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 38 of 73 7073 ACE LIBRARIAN II 0 33.79 2,703.43 1 35.48 2,838.60 2 37.26 2,980.53 3 39.12 3,129.56 4 41.08 3,286.03 7071 ACE LIBRARIAN III 0 37.17 2,973.77 1 39.03 3,122.46 2 40.98 3,278.58 3 43.03 3,442.51 4 45.18 3,614.64 7181 UCHR LIBRARY AIDE 0 16.00 -- 1 16.80 -- 2 17.64 -- 3 18.52 -- 4 19.45 -- 7157 ACE LIBRARY ASSISTANT 0 22.34 1,787.41 1 23.46 1,876.78 2 24.63 1,970.62 3 25.86 2,069.15 4 27.16 2,172.61 7091 ACE LIBRARY ASSOCIATE 0 26.81 2,144.89 1 28.15 2,252.14 2 29.56 2,364.74 3 31.04 2,482.98 4 32.59 2,607.13 7092 UCHR LIBRARY ASSOCIATE 0 26.81 -- 1 28.15 -- 2 29.56 -- 3 31.04 -- 4 32.59 -- 7025 MM LIBRARY DIGITAL SERVICES MGR 0 46.96 3,757.01 1 49.31 3,944.85 2 51.78 4,142.08 3 54.37 4,349.20 4 57.08 4,566.66 Page 1035 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 39 of 73 7029 MM LIBRARY OPERATIONS MANAGER 0 54.03 4,322.50 1 56.73 4,538.63 2 59.57 4,765.55 3 62.55 5,003.83 4 65.68 5,254.02 7121 ACE LIBRARY TECHNICIAN 0 24.37 1,949.90 1 25.59 2,047.40 2 26.87 2,149.77 3 28.22 2,257.25 4 29.63 2,370.12 7587 UCHR LIFEGUARD I 0 17.18 -- 1 18.04 -- 2 18.94 -- 3 19.89 -- 4 20.88 -- 7585 UCHR LIFEGUARD II 0 18.90 -- 1 19.84 -- 2 20.83 -- 3 21.87 -- 4 22.97 -- 6443 ACE LOCKSMITH 0 33.66 2,692.53 1 35.34 2,827.16 2 37.11 2,968.51 3 38.96 3,116.94 4 40.91 3,272.79 6377 ACE MAINTENANCE WORKER I 0 23.76 1,900.51 1 24.94 1,995.53 2 26.19 2,095.31 3 27.50 2,200.07 4 28.88 2,310.08 6379 UCHR MAINTENANCE WORKER I 0 23.76 -- 1 24.94 -- 2 26.19 -- 3 27.50 -- 4 28.88 -- Page 1036 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 40 of 73 6373 ACE MAINTENANCE WORKER II 0 26.13 2,090.56 1 27.44 2,195.08 2 28.81 2,304.84 3 30.25 2,420.08 4 31.76 2,541.09 0228 CONF MANAGEMENT ANALYST I 0 35.24 2,818.97 1 37.00 2,959.92 2 38.85 3,107.92 3 40.79 3,263.32 4 42.83 3,426.48 0229 ACE MANAGEMENT ANALYST I 0 35.24 2,818.97 1 37.00 2,959.92 2 38.85 3,107.92 3 40.79 3,263.32 4 42.83 3,426.48 0224 CONF MANAGEMENT ANALYST II 0 38.76 3,100.87 1 40.70 3,255.92 2 42.73 3,418.71 3 44.87 3,589.65 4 47.11 3,769.13 0227 ACE MANAGEMENT ANALYST II 0 38.76 3,100.87 1 40.70 3,255.92 2 42.73 3,418.71 3 44.87 3,589.65 4 47.11 3,769.13 2001 MY MAYOR 0 -- -- Effective 07/01/2024 1 -- -- 2 -- -- 3 -- -- 4 77.65 6,212.30 6550 ACE MECHANIC ASSISTANT 0 25.88 2,070.52 1 27.18 2,174.05 2 28.53 2,282.75 3 29.96 2,396.89 4 31.46 2,516.73 Page 1037 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 41 of 73 0230 UCHR MGMT ANALYST I (HOURLY) 0 35.24 -- 1 37.00 -- 2 38.85 -- 3 40.79 -- 4 42.83 -- 0221 UCHR MGMT ANALYST II (HOURLY) 0 38.76 -- 1 40.70 -- 2 42.73 -- 3 44.87 -- 4 47.11 -- 5571 PROF MULTIMEDIA DESIGNER 0 35.62 2,849.89 1 37.40 2,992.39 2 39.28 3,142.00 3 41.24 3,299.10 4 43.30 3,464.05 5569 ACE MULTIMEDIA PRODUCTON SPCLST 0 30.58 2,446.37 1 32.11 2,568.69 2 33.71 2,697.13 3 35.40 2,831.98 4 37.17 2,973.58 0160 UCHR OFFICE SPECIALIST 0 21.55 -- 1 22.62 -- 2 23.76 -- 3 24.94 -- 4 26.19 -- 0161 ACE OFFICE SPECIALIST 0 21.55 1,723.79 1 22.62 1,809.98 2 23.76 1,900.48 3 24.94 1,995.50 4 26.19 2,095.28 0162 ACE OFFICE SPECIALIST-MAYOR 0 21.55 1,723.79 1 22.62 1,809.98 2 23.76 1,900.48 3 24.94 1,995.50 4 26.19 2,095.28 Page 1038 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 42 of 73 6311 ACE OPEN SPACE INSPECTOR 0 38.07 3,045.90 1 39.98 3,198.20 2 41.98 3,358.10 3 44.08 3,526.01 4 46.28 3,702.31 6302 MM OPEN SPACE MANAGER 0 45.81 3,664.72 1 48.10 3,847.96 2 50.50 4,040.36 3 53.03 4,242.37 4 55.68 4,454.50 3025 MM OPERATIONS AND TELECOMM MGR 0 49.89 3,991.41 1 52.39 4,190.99 2 55.01 4,400.53 3 57.76 4,620.56 4 60.65 4,851.60 6434 ACE PAINTER 0 30.60 2,447.76 1 32.13 2,570.14 2 33.73 2,698.65 3 35.42 2,833.58 4 37.19 2,975.26 2475 CONF PARALEGAL 0 32.49 2,598.86 1 34.11 2,728.81 2 35.82 2,865.25 3 37.61 3,008.51 4 39.49 3,158.94 2476 UCHR PARALEGAL 0 32.49 -- 1 34.11 -- 2 35.82 -- 3 37.61 -- 4 39.49 -- 5655 NIAF PARAMEDIC (NON-SAFETY) - A 0 21.86 1 22.95 2 24.10 3 25.31 4 26.57 Page 1039 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 43 of 73 5653 NIAF PARAMEDIC (NON-SAFETY) - C 0 34.98 1 36.73 2 38.56 3 40.49 4 42.52 5656 UCHR PARAMEDIC (NS/HRLY) 0 21.86 -- 1 22.95 -- 2 24.10 -- 3 25.31 -- 4 26.57 -- 5654 NIAF PARAMEDIC RECRUIT (NS) 0 -- 1 -- 2 -- 3 -- 4 19.08 7434 UCHR PARK RANGER 0 17.25 -- 1 18.11 -- 2 19.02 -- 3 19.97 -- 4 20.97 -- 7431 PROF PARK RANGER PROGRAM MANAGER 0 47.29 3,783.48 1 49.66 3,972.65 2 52.14 4,171.28 3 54.75 4,379.85 4 57.49 4,598.84 7441 ACE PARK RANGER SUPERVISOR 0 36.78 2,942.30 1 38.62 3,089.41 2 40.55 3,243.89 3 42.58 3,406.08 4 44.70 3,576.38 5154 ACE PARKING ENFORCEMENT OFFICER 0 23.02 1,841.80 1 24.17 1,933.89 2 25.38 2,030.59 3 26.65 2,132.12 4 27.98 2,238.72 Page 1040 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 44 of 73 3693 ACE PARKING METER TECHNICIAN 0 25.32 2,025.98 1 26.59 2,127.28 2 27.92 2,233.65 3 29.32 2,345.33 4 30.78 2,462.59 6619 ACE PARKS MAINT WORKER I 0 23.76 1,900.51 1 24.94 1,995.53 2 26.19 2,095.31 3 27.50 2,200.07 4 28.88 2,310.08 6620 UCHR PARKS MAINT WORKER I (HOURLY) 0 23.76 -- 1 24.94 -- 2 26.19 -- 3 27.50 -- 4 28.88 -- 6617 ACE PARKS MAINT WORKER II 0 26.13 2,090.56 1 27.44 2,195.08 2 28.81 2,304.84 3 30.25 2,420.08 4 31.76 2,541.09 6604 MM PARKS MANAGER 0 45.81 3,664.99 1 48.10 3,848.23 2 50.51 4,040.64 3 53.03 4,242.67 4 55.68 4,454.79 6605 ACE PARKS SUPERVISOR 0 36.78 2,942.30 1 38.62 3,089.41 2 40.55 3,243.89 3 42.58 3,406.08 4 44.70 3,576.38 3665 CONF PAYROLL SPECIALIST 0 31.53 2,522.12 1 33.10 2,648.22 2 34.76 2,780.63 3 36.50 2,919.67 4 38.32 3,065.65 Page 1041 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 45 of 73 3663 MMCF PAYROLL SUPERVISOR 0 41.31 3,305.19 1 43.38 3,470.45 2 45.55 3,643.96 3 47.83 3,826.17 4 50.22 4,017.47 5061 POA PEACE OFFICER 0 46.04 3,683.35 1 48.34 3,867.51 2 50.76 4,060.88 3 53.30 4,263.92 4 55.96 4,477.12 5 58.76 4,700.98 4731 MM PLAN CHECK SUPERVISOR 0 52.91 4,232.71 1 55.55 4,444.34 2 58.33 4,666.56 3 61.25 4,899.89 4 64.31 5,144.86 4753 ACE PLAN CHECK TECHNICIAN 0 34.34 2,747.03 1 36.05 2,884.39 2 37.86 3,028.60 3 39.75 3,180.03 4 41.74 3,339.04 4727 SM PLANNING MANAGER 0 72.52 5,801.92 1 -- -- 2 79.43 6,354.08 3 -- -- 4 88.15 7,052.27 4527 ACE PLANNING TECHNICIAN 0 30.69 2,455.05 1 32.22 2,577.80 2 33.83 2,706.69 3 35.53 2,842.03 4 37.30 2,984.13 6432 ACE PLUMBER 0 33.66 2,692.53 1 35.34 2,827.16 2 37.11 2,968.51 3 38.96 3,116.94 4 40.91 3,272.79 Page 1042 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 46 of 73 5219 UCHR POL WELLNESS COORDINATOR 0 45.92 -- 1 48.21 -- 2 50.62 -- 3 53.15 -- 4 55.81 -- 5025 SM POLICE ADMIN SVCS ADMINISTRATR 0 64.70 5,176.32 1 -- -- 2 -- -- 3 77.18 6,174.20 4 78.65 6,291.85 5051 POA POLICE AGENT 0 50.70 4,055.95 1 53.23 4,258.75 2 55.90 4,471.68 3 58.69 4,695.25 4 61.63 4,930.01 5 64.71 5,176.52 5022 SM POLICE CAPTAIN 0 93.88 7,510.64 1 -- -- 2 -- -- 3 -- -- 4 114.12 9,129.24 5258 ACE POLICE COMM RELATIONS SPEC 0 29.12 2,329.88 1 30.58 2,446.37 2 32.11 2,568.69 3 33.71 2,697.13 4 35.40 2,831.98 5185 MM POLICE COMMUNICATIONS SYS MGR 0 56.21 4,496.58 1 59.02 4,721.41 2 61.97 4,957.48 3 65.07 5,205.35 4 68.32 5,465.62 Page 1043 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 47 of 73 5187 UCHR POLICE DISPATCH CALLTAKER 0 27.69 -- 1 29.07 -- 2 30.53 -- 3 32.05 -- 4 33.66 -- 5180 UCHR POLICE DISPATCHER 0 35.52 -- 1 37.30 -- 2 39.16 -- 3 41.12 -- 4 43.18 -- 5181 ACE POLICE DISPATCHER 0 35.52 2,841.78 1 37.30 2,983.86 2 39.16 3,133.06 3 41.12 3,289.71 4 43.18 3,454.20 5183 ACE POLICE DISPATCHER SUPERVISOR 0 41.81 3,344.42 1 43.90 3,511.64 2 46.09 3,687.22 3 48.39 3,871.58 4 50.81 4,065.16 5179 ACE POLICE DISPATCHER TRAINEE 0 32.29 2,583.44 1 33.91 2,712.61 2 35.60 2,848.24 3 37.38 2,990.65 4 39.25 3,140.18 5191 ACE POLICE FACILITY & SUPPLY COORD 0 29.66 2,372.42 1 31.14 2,491.04 2 32.69 2,615.59 3 34.33 2,746.37 4 36.05 2,883.69 Page 1044 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 48 of 73 5031 POA POLICE LIEUTENANT 0 69.99 5,599.09 1 73.49 5,879.04 2 77.16 6,172.99 3 81.02 6,481.66 4 85.07 6,805.74 5 89.33 7,146.03 5203 ACE POLICE RECORDS & SUPPORT SUPV 0 30.22 2,417.55 1 31.73 2,538.43 2 33.32 2,665.35 3 34.98 2,798.62 4 36.73 2,938.55 0165 ACE POLICE RECORDS SPECIALIST 0 22.85 1,828.02 1 23.99 1,919.42 2 25.19 2,015.39 3 26.45 2,116.16 4 27.77 2,221.97 0166 UCHR POLICE RECORDS SPECIALIST 0 22.85 -- 1 23.99 -- 2 25.19 -- 3 26.45 -- 4 27.77 -- 5071 ACE POLICE RECRUIT 0 34.53 2,762.73 1 36.26 2,900.86 2 38.07 3,045.90 3 39.98 3,198.20 4 41.98 3,358.11 5041 POA POLICE SERGEANT 0 58.32 4,665.56 1 61.24 4,898.84 2 64.30 5,143.79 3 67.51 5,400.97 4 70.89 5,671.02 5 74.43 5,954.57 Page 1045 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 49 of 73 5415 ACE POLICE SERVICES TECHNICIAN 0 28.94 2,315.41 1 30.39 2,431.18 2 31.91 2,552.74 3 33.50 2,680.37 4 35.18 2,814.39 5207 UCHR POLICE SUPPORT SERVICES AIDE 0 16.00 -- 1 16.80 -- 2 17.64 -- 3 18.52 -- 4 19.45 -- 5205 MM POLICE SUPPORT SERVICES MGR 0 46.90 3,751.61 1 49.24 3,939.19 2 51.70 4,136.15 3 54.29 4,342.95 4 57.00 4,560.10 5209 MM POLICE TECHNOLOGY MANAGER 0 49.89 3,991.41 1 52.39 4,190.99 2 55.01 4,400.53 3 57.76 4,620.56 4 60.65 4,851.60 5107 ACE POLICE TECHNOLOGY SPECIALIST 0 43.30 3,464.02 1 45.47 3,637.22 2 47.74 3,819.09 3 50.13 4,010.04 4 52.63 4,210.54 2013 PRUC POLICY AIDE 0 31.76 2,540.66 1 33.35 2,667.69 2 35.01 2,801.06 3 36.76 2,941.12 4 38.60 3,088.19 3629 MMCF PRINCIPAL ACCOUNTANT 0 46.49 3,718.96 1 48.81 3,904.91 2 51.25 4,100.14 3 53.81 4,305.15 4 56.51 4,520.40 Page 1046 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 50 of 73 6021 MM PRINCIPAL CIVIL ENGINEER 0 70.63 5,650.63 1 74.16 5,933.17 2 77.87 6,229.82 3 81.77 6,541.33 4 85.85 6,868.39 2724 MM PRINCIPAL ECON DEV SPECIALIST 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 2724 PROF PRINCIPAL ECON DEV SPECIALIST 0 47.50 3,800.10 1 49.88 3,990.11 2 52.37 4,189.61 3 54.99 4,399.09 4 57.74 4,619.04 3305 MMCF PRINCIPAL HR ANALYST 0 50.20 4,015.74 1 52.71 4,216.53 2 55.34 4,427.36 3 58.11 4,648.72 4 61.01 4,881.16 4486 MM PRINCIPAL LANDSCAPE ARCHITECT 0 54.00 4,320.22 1 56.70 4,536.24 2 59.54 4,763.05 3 62.52 5,001.21 4 65.64 5,251.26 7051 MM PRINCIPAL LIBRARIAN 0 46.96 3,757.01 1 49.31 3,944.85 2 51.78 4,142.08 3 54.37 4,349.20 4 57.08 4,566.66 0208 PROF PRINCIPAL MANAGEMENT ANALYST 0 49.14 3,930.93 1 51.59 4,127.48 2 54.17 4,333.85 3 56.88 4,550.55 4 59.73 4,778.08 Page 1047 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 51 of 73 0214 PRCF PRINCIPAL MANAGEMENT ANALYST 0 49.14 3,930.93 1 51.59 4,127.48 2 54.17 4,333.85 3 56.88 4,550.55 4 59.73 4,778.08 0209 UCHR PRINCIPAL MGMT ANALYST (HRLY) 0 49.14 -- 1 51.59 -- 2 54.17 -- 3 56.88 -- 4 59.73 -- 4431 MM PRINCIPAL PLANNER 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 4212 PROF PRINCIPAL PROJECT COORDINATOR 0 56.03 4,482.20 1 58.83 4,706.30 2 61.77 4,941.61 3 64.86 5,188.70 4 68.10 5,448.12 7410 MM PRINCIPAL RECREATION MANAGER 0 47.23 3,778.54 1 49.59 3,967.47 2 52.07 4,165.84 3 54.68 4,374.13 4 57.41 4,592.84 3363 MMCF PRINCIPAL RISK MANAGEMENT SPEC 0 52.41 4,192.89 1 55.03 4,402.54 2 57.78 4,622.67 3 60.67 4,853.80 4 63.71 5,096.49 6020 MM PRINCIPAL TRAFFIC ENGINEER 0 70.63 5,650.63 1 74.16 5,933.17 2 77.87 6,229.82 3 81.77 6,541.33 4 85.85 6,868.39 Page 1048 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 52 of 73 3717 MM PROCUREMENT SERVICES ANALYST 0 46.50 3,720.20 1 48.83 3,906.20 2 51.27 4,101.51 3 53.83 4,306.58 4 56.52 4,521.92 3721 ACE PROCUREMENT SPECIALIST 0 33.65 2,692.27 1 35.34 2,826.88 2 37.10 2,968.23 3 38.96 3,116.64 4 40.91 3,272.47 3090 PROF PROGRAMMER ANALYST 0 41.87 3,349.88 1 43.97 3,517.37 2 46.17 3,693.25 3 48.47 3,877.91 4 50.90 4,071.80 4217 ACE PROJECT COORDINATOR I 0 37.03 2,962.00 1 38.88 3,110.10 2 40.82 3,265.61 3 42.86 3,428.89 4 45.00 3,600.33 4215 ACE PROJECT COORDINATOR II 0 40.73 3,258.20 1 42.76 3,421.11 2 44.90 3,592.17 3 47.15 3,771.78 4 49.50 3,960.37 5127 ACE PROPERTY & EVIDENCE SPECIALIST 0 24.60 1,967.89 1 25.83 2,066.28 2 27.12 2,169.59 3 28.48 2,278.07 4 29.90 2,391.98 5121 ACE PROPERTY & EVIDENCE SUPERVISOR 0 32.53 2,602.53 1 34.16 2,732.66 2 35.87 2,869.29 3 37.66 3,012.75 4 39.54 3,163.39 Page 1049 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 53 of 73 2784 UCHR PUBLIC INFO SPECIALIST (HRLY) 0 33.88 -- 1 35.57 -- 2 37.35 -- 3 39.22 -- 4 41.18 -- 2782 CONF PUBLIC INFORMATION SPECIALIST 0 33.88 2,710.20 1 35.57 2,845.71 2 37.35 2,988.00 3 39.22 3,137.40 4 41.18 3,294.27 2783 ACE PUBLIC INFORMATION SPECIALIST 0 33.88 2,710.20 1 35.57 2,845.71 2 37.35 2,988.00 3 39.22 3,137.40 4 41.18 3,294.27 5254 ACE PUBLIC SAFETY ANALYST 0 37.07 2,965.72 1 38.93 3,114.00 2 40.87 3,269.70 3 42.91 3,433.19 4 45.06 3,604.85 5256 UCHR PUBLIC SAFETY ANALYST 0 37.07 -- 1 38.93 -- 2 40.87 -- 3 42.91 -- 4 45.06 -- 6123 ACE PUBLIC WORKS INSPECTOR I 0 34.61 2,769.01 1 36.34 2,907.46 2 38.16 3,052.83 3 40.07 3,205.47 4 42.07 3,365.74 6121 ACE PUBLIC WORKS INSPECTOR II 0 38.07 3,045.90 1 39.98 3,198.20 2 41.98 3,358.10 3 44.08 3,526.01 4 46.28 3,702.31 Page 1050 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 54 of 73 6336 MM PUBLIC WORKS MANAGER 0 48.15 3,851.61 1 50.55 4,044.19 2 53.08 4,246.40 3 55.73 4,458.73 4 58.52 4,681.66 6712 ACE PUBLIC WORKS SPECIALIST 0 28.61 2,289.19 1 30.05 2,403.65 2 31.55 2,523.84 3 33.13 2,650.03 4 34.78 2,782.53 6327 SM PUBLIC WORKS SUPERINTENDENT 0 63.57 5,085.59 1 -- -- 2 -- -- 3 -- -- 4 77.27 6,181.58 6337 ACE PUBLIC WORKS SUPERVISOR 0 39.54 3,163.46 1 41.52 3,321.63 2 43.60 3,487.72 3 45.78 3,662.10 4 48.07 3,845.21 6392 ACE PUMP MAINTENANCE SUPERVISOR 0 37.62 3,009.74 1 39.50 3,160.22 2 41.48 3,318.23 3 43.55 3,484.15 4 45.73 3,658.35 6396 ACE PUMP MAINTENANCE TECHNICIAN 0 32.71 2,617.16 1 34.35 2,748.02 2 36.07 2,885.42 3 37.87 3,029.69 4 39.76 3,181.18 3711 SM PURCHASING AGENT 0 60.21 4,816.92 1 -- -- 2 -- -- 3 -- -- 4 73.19 5,855.00 Page 1051 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 55 of 73 5417 ACE RANGE MASTER 0 27.86 2,228.58 1 29.25 2,340.01 2 30.71 2,457.01 3 32.25 2,579.86 4 33.86 2,708.85 6037 MMUC REAL PROPERTY MANAGER 0 57.89 4,630.93 1 60.78 4,862.48 2 63.82 5,105.61 3 67.01 5,360.89 4 70.36 5,628.93 2211 MM RECORDS MANAGER 0 41.56 3,324.56 1 43.63 3,490.79 2 45.82 3,665.32 3 48.11 3,848.59 4 50.51 4,041.02 2217 ACE RECORDS SPECIALIST 0 23.70 1,896.17 1 24.89 1,990.98 2 26.13 2,090.52 3 27.44 2,195.05 4 28.81 2,304.80 7605 UCHR RECREATION AIDE 0 16.27 -- 1 17.09 -- 2 17.94 -- 3 18.84 -- 4 19.78 -- 7603 UCHR RECREATION LEADER 0 18.71 -- 1 19.65 -- 2 20.63 -- 3 21.66 -- 4 22.75 -- 7601 UCHR RECREATION SPECIALIST 0 22.46 -- 1 23.58 -- 2 24.76 -- 3 26.00 -- 4 27.30 -- Page 1052 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 56 of 73 7425 ACE RECREATION SUPERVISOR I 0 30.03 2,402.25 1 31.53 2,522.36 2 33.11 2,648.48 3 34.76 2,780.91 4 36.50 2,919.95 7426 UCHR RECREATION SUPERVISOR I 0 30.03 -- 1 31.53 -- 2 33.11 -- 3 34.76 -- 4 36.50 -- 7423 ACE RECREATION SUPERVISOR II 0 33.03 2,642.48 1 34.68 2,774.60 2 36.42 2,913.33 3 38.24 3,059.00 4 40.15 3,211.95 7422 ACE RECREATION SUPERVISOR III 0 37.99 3,038.85 1 39.88 3,190.79 2 41.88 3,350.33 3 43.97 3,517.85 4 46.17 3,693.74 2742 ACE RECYCLING SPECIALIST I 0 33.25 2,659.72 1 34.91 2,792.70 2 36.65 2,932.34 3 38.49 3,078.95 4 40.41 3,232.90 2744 ACE RECYCLING SPECIALIST II 0 36.57 2,925.69 1 38.40 3,071.97 2 40.32 3,225.57 3 42.34 3,386.85 4 44.45 3,556.19 5307 ACE REGISTERED VETERINARY TECH 0 27.86 2,228.58 1 29.25 2,340.01 2 30.71 2,457.01 3 32.25 2,579.86 4 33.86 2,708.85 Page 1053 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 57 of 73 5312 UCHR REGISTERED VETERINARY TECH 0 27.86 -- 1 29.25 -- 2 30.71 -- 3 32.25 -- 4 33.86 -- 5081 UCHR RESERVE OFFICER 0 14.24 -- 1 14.95 -- 2 15.69 -- 3 -- -- 4 -- -- 3689 SM REVENUE MANAGER 0 64.70 5,176.32 1 -- -- 2 -- -- 3 74.36 5,949.09 4 78.65 6,291.85 3367 PRCF RISK MANAGEMENT SPECIALIST 0 39.63 3,170.42 1 41.61 3,328.94 2 43.69 3,495.40 3 45.88 3,670.17 4 48.17 3,853.67 3368 UCHR RISK MGMT SPECIALIST (HOURLY) 0 39.63 -- 1 41.61 -- 2 43.69 -- 3 45.88 -- 4 48.17 -- 0231 UCHR SEASONAL ASSISTANT 0 16.00 -- 1 16.80 -- 2 17.64 -- 3 18.52 -- 4 19.45 -- 0171 ACE SECRETARY 0 23.70 1,896.17 1 24.89 1,990.98 2 26.13 2,090.52 3 27.44 2,195.05 4 28.81 2,304.80 Page 1054 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 58 of 73 3630 MMCF SENIOR ACCOUNTANT 0 41.88 3,350.19 1 43.97 3,517.70 2 46.17 3,693.57 3 48.48 3,878.26 4 50.90 4,072.17 3651 ACE SENIOR ACCOUNTING ASSISTANT 0 27.89 2,231.52 1 29.29 2,343.09 2 30.75 2,460.25 3 32.29 2,583.26 4 33.91 2,712.42 0185 ACE SENIOR ADMIN SECRETARY 0 32.97 2,637.75 1 34.62 2,769.64 2 36.35 2,908.12 3 38.17 3,053.53 4 40.08 3,206.21 5345 ACE SENIOR ANIMAL CARE SPECIALIST 0 26.70 2,135.72 1 28.03 2,242.51 2 29.43 2,354.63 3 30.90 2,472.37 4 32.45 2,595.98 3089 PROF SENIOR APPLICATION SUPP SPEC 0 46.39 3,710.91 1 48.71 3,896.47 2 51.14 4,091.28 3 53.70 4,295.86 4 56.38 4,510.65 2403 SM SENIOR ASSISTANT CITY ATTORNEY 0 89.83 7,186.71 1 -- -- 2 -- -- 3 -- -- 4 109.19 8,735.50 4781 ACE SENIOR BUILDING INSPECTOR 0 43.98 3,518.01 1 46.17 3,693.92 2 48.48 3,878.61 3 50.91 4,072.54 4 53.45 4,276.17 Page 1055 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 59 of 73 4507 ACE SENIOR BUSINESS LICENSE REP 0 27.89 2,231.52 1 29.29 2,343.09 2 30.75 2,460.25 3 32.29 2,583.26 4 33.91 2,712.42 6019 WCE SENIOR CIVIL ENGINEER 0 60.16 4,812.88 1 63.17 5,053.53 2 66.33 5,306.20 3 69.64 5,571.52 4 73.13 5,850.09 4763 ACE SENIOR CODE ENFORCEMNT OFFICER 0 41.93 3,354.72 1 44.03 3,522.46 2 46.23 3,698.58 3 48.54 3,883.51 4 50.97 4,077.68 6204 ACE SENIOR CONSERVATION SPECIALIST 0 42.06 3,364.54 1 44.16 3,532.77 2 46.37 3,709.41 3 48.69 3,894.88 4 51.12 4,089.62 2025 UCHR SENIOR COUNCIL ASSISTANT 0 31.00 -- 1 32.55 -- 2 34.18 -- 3 35.88 -- 4 37.68 -- 2027 CONF SENIOR COUNCIL ASSISTANT 0 31.00 2,479.88 1 32.55 2,603.87 2 34.18 2,734.07 3 35.88 2,870.77 4 37.68 3,014.31 2725 PROF SENIOR ECON DEVELOPMENT SPEC 0 47.29 3,783.48 1 49.66 3,972.65 2 52.14 4,171.28 3 54.75 4,379.85 4 57.49 4,598.84 Page 1056 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 60 of 73 6442 ACE SENIOR ELECTRICIAN 0 38.71 3,096.41 1 40.64 3,251.23 2 42.67 3,413.79 3 44.81 3,584.48 4 47.05 3,763.71 6471 ACE SENIOR ELECTRONICS TECHNICIAN 0 42.58 3,406.05 1 44.70 3,576.35 2 46.94 3,755.17 3 49.29 3,942.93 4 51.75 4,140.08 6059 ACE SENIOR ENGINEERING TECHNICIAN 0 39.49 3,159.09 1 41.46 3,317.04 2 43.54 3,482.90 3 45.71 3,657.04 4 48.00 3,839.89 6512 ACE SENIOR EQUIPMENT MECHANIC 0 35.99 2,878.88 1 37.79 3,022.82 2 39.67 3,173.96 3 41.66 3,332.66 4 43.74 3,499.29 5529 IAFF SENIOR FIRE INSPECTOR/INVESTIG 0 44.83 3,586.35 1 47.07 3,765.65 2 49.42 3,953.94 3 51.90 4,151.65 4 54.49 4,359.21 0175 ACE SENIOR FISCAL OFFICE SPECIALST 0 24.89 1,990.98 1 26.13 2,090.52 2 27.44 2,195.05 3 28.81 2,304.80 4 30.25 2,420.04 3073 ACE SENIOR GIS ANALYST 0 41.78 3,342.23 1 43.87 3,509.34 2 46.06 3,684.81 3 48.36 3,869.05 4 50.78 4,062.50 Page 1057 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 61 of 73 2764 PROF SENIOR GRAPHIC DESIGNER 0 39.04 3,123.42 1 40.99 3,279.59 2 43.04 3,443.58 3 45.20 3,615.75 4 47.46 3,796.53 3308 PRCF SENIOR HR ANALYST 0 43.65 3,491.95 1 45.83 3,666.54 2 48.12 3,849.87 3 50.53 4,042.36 4 53.06 4,244.49 3313 UCHR SENIOR HR ANALYST 0 43.65 -- 1 45.83 -- 2 48.12 -- 3 50.53 -- 4 53.06 -- 3316 CONF SENIOR HR TECHNICIAN 0 34.56 2,764.59 1 36.29 2,902.82 2 38.10 3,047.96 3 40.00 3,200.36 4 42.00 3,360.37 6441 ACE SENIOR HVAC TECHNICIAN 0 38.71 3,096.41 1 40.64 3,251.23 2 42.67 3,413.79 3 44.81 3,584.48 4 47.05 3,763.71 3012 PROF SENIOR INFO TECH SUPPORT SPEC 0 40.98 3,278.30 1 43.03 3,442.22 2 45.18 3,614.33 3 47.44 3,795.05 4 49.81 3,984.79 3031 PROF SENIOR ITS/POL SPEC II (T) 0 45.16 3,612.57 1 47.42 3,793.20 2 49.79 3,982.87 3 52.28 4,182.01 4 54.89 4,391.11 Page 1058 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 62 of 73 6285 WCE SENIOR LAND SURVEYOR 0 54.69 4,375.35 1 57.43 4,594.12 2 60.30 4,823.82 3 63.31 5,065.01 4 66.48 5,318.26 6295 ACE SENIOR LANDSCAPE INSPECTOR 0 43.78 3,502.79 1 45.97 3,677.92 2 48.27 3,861.82 3 50.69 4,054.91 4 53.22 4,257.66 5110 ACE SENIOR LATENT PRINT EXAMINER 0 47.13 3,770.67 1 49.49 3,959.21 2 51.96 4,157.17 3 54.56 4,365.03 4 57.29 4,583.28 2463 CONF SENIOR LEGAL ASSISTANT 0 33.30 2,663.89 1 34.96 2,797.08 2 36.71 2,936.93 3 38.55 3,083.78 4 40.47 3,237.97 7053 MM SENIOR LIBRARIAN 0 37.47 2,997.68 1 39.34 3,147.57 2 41.31 3,304.95 3 43.38 3,470.19 4 45.55 3,643.70 7589 UCHR SENIOR LIFEGUARD 0 20.79 -- 1 21.82 -- 2 22.92 -- 3 24.06 -- 4 25.26 -- 6371 ACE SENIOR MAINTENANCE WORKER 0 31.36 2,508.67 1 32.93 2,634.10 2 34.57 2,765.81 3 36.30 2,904.10 4 38.12 3,049.30 Page 1059 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 63 of 73 0206 PROF SENIOR MANAGEMENT ANALYST 0 44.67 3,573.57 1 46.90 3,752.26 2 49.25 3,939.86 3 51.71 4,136.86 4 54.30 4,343.71 0226 PRCF SENIOR MANAGEMENT ANALYST 0 44.67 3,573.57 1 46.90 3,752.26 2 49.25 3,939.86 3 51.71 4,136.86 4 54.30 4,343.71 3051 PROF SENIOR NETWORK ENGINEER 0 55.09 4,406.86 1 57.84 4,627.21 2 60.73 4,858.57 3 63.77 5,101.50 4 66.96 5,356.57 0173 ACE SENIOR OFFICE SPECIALIST 0 23.70 1,896.17 1 24.89 1,990.98 2 26.13 2,090.52 3 27.44 2,195.05 4 28.81 2,304.80 0174 UCHR SENIOR OFFICE SPECIALIST 0 23.70 -- 1 24.89 -- 2 26.13 -- 3 27.44 -- 4 28.81 -- 6309 ACE SENIOR OPEN SPACE INSPECTOR 0 43.78 3,502.79 1 45.97 3,677.92 2 48.27 3,861.82 3 50.69 4,054.91 4 53.22 4,257.66 7439 ACE SENIOR PARK RANGER 0 31.36 2,508.67 1 32.93 2,634.10 2 34.57 2,765.81 3 36.30 2,904.10 4 38.12 3,049.30 Page 1060 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 64 of 73 5157 ACE SENIOR PARKING ENFORCEMENT OFF 0 25.32 2,025.98 1 26.59 2,127.28 2 27.92 2,233.65 3 29.32 2,345.33 4 30.78 2,462.59 6615 ACE SENIOR PARKS MAINT WORKER 0 31.36 2,508.67 1 32.93 2,634.10 2 34.57 2,765.81 3 36.30 2,904.10 4 38.12 3,049.30 4746 WCE SENIOR PLAN CHECK ENGINEER 0 50.69 4,055.35 1 53.23 4,258.11 2 55.89 4,471.01 3 58.68 4,694.58 4 61.62 4,929.30 4751 ACE SENIOR PLAN CHECK TECHNICIAN 0 39.49 3,159.09 1 41.46 3,317.04 2 43.54 3,482.90 3 45.71 3,657.04 4 48.00 3,839.89 4432 PROF SENIOR PLANNER 0 47.29 3,783.48 1 49.66 3,972.65 2 52.14 4,171.28 3 54.75 4,379.85 4 57.49 4,598.84 4529 ACE SENIOR PLANNING TECHNICIAN 0 35.29 2,823.31 1 37.06 2,964.47 2 38.91 3,112.70 3 40.85 3,268.33 4 42.90 3,431.75 0135 ACE SENIOR POLICE RECORDS SPEC 0 26.28 2,102.22 1 27.59 2,207.33 2 28.97 2,317.70 3 30.42 2,433.58 4 31.94 2,555.26 Page 1061 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 65 of 73 0136 UCHR SENIOR POLICE RECORDS SPEC 0 26.28 -- 1 27.59 -- 2 28.97 -- 3 30.42 -- 4 31.94 -- 3728 PROF SENIOR PROCUREMENT SPECIALIST 0 37.46 2,996.43 1 39.33 3,146.26 2 41.29 3,303.57 3 43.36 3,468.75 4 45.53 3,642.19 3091 PROF SENIOR PROGRAMMER ANALYST 0 47.74 3,818.94 1 50.12 4,009.90 2 52.63 4,210.39 3 55.26 4,420.91 4 58.02 4,641.95 4214 PROF SENIOR PROJECT COORDINATOR 0 47.29 3,783.48 1 49.66 3,972.65 2 52.14 4,171.28 3 54.75 4,379.85 4 57.49 4,598.84 5125 ACE SENIOR PROPRTY & EVIDENCE SPEC 0 28.29 2,263.07 1 29.70 2,376.22 2 31.19 2,495.03 3 32.75 2,619.79 4 34.38 2,750.78 2785 ACE SENIOR PUBLIC INFO SPECIALIST 0 38.96 3,116.73 1 40.91 3,272.57 2 42.95 3,436.20 3 45.10 3,608.01 4 47.36 3,788.41 5248 UCHR SENIOR PUBLIC SAFETY ANALYST 0 44.67 -- 1 46.90 -- 2 49.25 -- 3 51.71 -- 4 54.30 -- Page 1062 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 66 of 73 5260 PROF SENIOR PUBLIC SAFETY ANALYST 0 44.67 3,573.57 1 46.90 3,752.26 2 49.25 3,939.86 3 51.71 4,136.86 4 54.30 4,343.71 6101 ACE SENIOR PUBLIC WORKS INSPECTOR 0 43.78 3,502.78 1 45.97 3,677.91 2 48.27 3,861.81 3 50.69 4,054.90 4 53.22 4,257.65 6702 ACE SENIOR PUBLIC WORKS SPECIALIST 0 34.34 2,747.03 1 36.05 2,884.39 2 37.86 3,028.60 3 39.75 3,180.03 4 41.74 3,339.04 2215 ACE SENIOR RECORDS SPECIALIST 0 27.26 2,180.59 1 28.62 2,289.62 2 30.05 2,404.10 3 31.55 2,524.31 4 33.13 2,650.52 2216 UCHR SENIOR RECORDS SPECIALIST 0 27.26 -- 1 28.62 -- 2 30.05 -- 3 31.55 -- 4 33.13 -- 2746 ACE SENIOR RECYCLING SPECIALIST 0 42.06 3,364.54 1 44.16 3,532.77 2 46.37 3,709.41 3 48.69 3,894.88 4 51.12 4,089.62 3365 PRCF SENIOR RISK MANAGEMENT SPEC 0 45.57 3,645.99 1 47.85 3,828.29 2 50.25 4,019.70 3 52.76 4,220.69 4 55.40 4,431.73 Page 1063 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 67 of 73 0177 ACE SENIOR SECRETARY 0 26.07 2,085.78 1 27.38 2,190.07 2 28.74 2,299.58 3 30.18 2,414.56 4 31.69 2,535.28 6573 ACE SENIOR TREE TRIMMER 0 34.49 2,759.54 1 36.22 2,897.51 2 38.03 3,042.39 3 39.93 3,194.51 4 41.93 3,354.23 2779 PROF SENIOR WEBMASTER 0 39.19 3,134.88 1 41.15 3,291.60 2 43.20 3,456.20 3 45.36 3,629.01 4 47.63 3,810.46 6169 ACE SIGNAL SYSTEMS ENGINEER I 0 39.79 3,183.38 1 41.78 3,342.55 2 43.87 3,509.68 3 46.06 3,685.16 4 48.37 3,869.42 6170 ACE SIGNAL SYSTEMS ENGINEER II 0 43.77 3,501.72 1 45.96 3,676.81 2 48.26 3,860.65 3 50.67 4,053.68 4 53.20 4,256.36 6355 ACE SIGNING AND STRIPING SUPV 0 39.54 3,163.46 1 41.52 3,321.63 2 43.60 3,487.72 3 45.78 3,662.10 4 48.07 3,845.21 2799 PRUC SPECIAL EVENTS COORD 0 43.09 3,447.11 1 45.24 3,619.47 2 47.51 3,800.45 3 49.88 3,990.48 4 52.38 4,190.00 Page 1064 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 68 of 73 2751 SM SPECIAL PROJECTS MGR 0 54.17 4,333.81 1 -- -- 2 -- -- 3 65.36 5,228.58 4 65.85 5,267.77 2752 UCHR SPECIAL PROJECTS MGR (HOURLY) 0 51.21 -- 1 52.51 -- 2 55.13 -- 3 57.89 -- 4 62.25 -- 3318 UCHR SR HUMAN RESOURCES TECHNICIAN 0 34.56 -- 1 36.29 -- 2 38.10 -- 3 40.00 -- 4 42.00 -- 6614 UCHR SR PARKS MAINT WRKR (HOURLY) 0 31.36 -- 1 32.93 -- 2 34.57 -- 3 36.30 -- 4 38.12 -- 3734 ACE STOREKEEPER 0 26.13 2,090.56 1 27.44 2,195.08 2 28.81 2,304.84 3 30.25 2,420.08 4 31.76 2,541.09 3732 ACE STOREKEEPER SUPERVISOR 0 31.36 2,508.67 1 32.93 2,634.10 2 34.57 2,765.81 3 36.30 2,904.10 4 38.12 3,049.30 6127 ACE STORMWATER COMPLNCE INSP I 0 32.96 2,637.14 1 34.61 2,769.00 2 36.34 2,907.45 3 38.16 3,052.82 4 40.07 3,205.46 Page 1065 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 69 of 73 6125 ACE STORMWATER COMPLNCE INSP II 0 36.26 2,900.86 1 38.07 3,045.90 2 39.98 3,198.20 3 41.98 3,358.10 4 44.08 3,526.01 6137 ACE STORMWATER ENV SPECIALIST I 0 36.19 2,894.88 1 38.00 3,039.63 2 39.90 3,191.61 3 41.89 3,351.19 4 43.98 3,518.75 6135 ACE STORMWATER ENV SPECIALIST II 0 39.80 3,184.37 1 41.79 3,343.59 2 43.88 3,510.77 3 46.08 3,686.31 4 48.38 3,870.63 6131 MM STORMWATER PROGRAM MANAGER 0 52.19 4,175.47 1 54.80 4,384.24 2 57.54 4,603.44 3 60.42 4,833.63 4 63.44 5,075.30 5241 MM SUPRVSNG PUBLIC SAFETY ANALYST 0 51.37 4,109.61 1 53.94 4,315.10 2 56.64 4,530.85 3 59.47 4,757.39 4 62.44 4,995.25 6151 ACE SURVEY TECHNICIAN I 0 31.22 2,497.30 1 32.78 2,622.17 2 34.42 2,753.28 3 36.14 2,890.94 4 37.94 3,035.49 6141 ACE SURVEY TECHNICIAN II 0 34.34 2,747.03 1 36.05 2,884.39 2 37.86 3,028.60 3 39.75 3,180.03 4 41.74 3,339.04 Page 1066 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 70 of 73 3015 PROF SYSTEMS/DATABASE ADMINISTRATOR 0 43.61 3,488.43 1 45.79 3,662.87 2 48.08 3,846.00 3 50.48 4,038.31 4 53.00 4,240.21 7503 UCHR TINY TOT AIDE 0 18.71 -- 1 19.65 -- 2 20.63 -- 3 21.66 -- 4 22.75 -- 7505 UCHR TINY TOT SPECIALIST 0 22.46 -- 1 23.58 -- 2 24.76 -- 3 26.00 -- 4 27.30 -- 5155 UCHR TRAFFIC CONTROL ASSISTANT 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 5293 UCHR TRAFFIC OFFICER 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 6187 ACE TRAFFIC SIGNAL & LIGHT TECH I 0 31.71 2,537.16 1 33.30 2,664.02 2 34.97 2,797.22 3 36.71 2,937.08 4 38.55 3,083.94 6185 ACE TRAFFIC SIGNAL & LIGHT TECH II 0 34.89 2,790.88 1 36.63 2,930.42 2 38.46 3,076.94 3 40.38 3,230.79 4 42.40 3,392.33 Page 1067 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 71 of 73 6181 ACE TRAFFIC SIGNAL & LIGHTING SUPV 0 40.12 3,209.51 1 42.12 3,369.99 2 44.23 3,538.48 3 46.44 3,715.41 4 48.76 3,901.18 5262 ACE TRAINING PROGRAM SPECIALIST 0 29.12 2,329.88 1 30.58 2,446.37 2 32.11 2,568.69 3 33.71 2,697.13 4 35.40 2,831.98 6031 WCE TRANSPORTATION ENGR W CERT 0 60.16 4,812.88 1 63.17 5,053.53 2 66.33 5,306.20 3 69.64 5,571.52 4 73.13 5,850.09 6033 WCE TRANSPORTATION ENGR W/O CERT 0 57.30 4,583.71 1 60.16 4,812.89 2 63.17 5,053.54 3 66.33 5,306.21 4 69.64 5,571.53 6575 ACE TREE TRIMMER 0 28.75 2,299.61 1 30.18 2,414.59 2 31.69 2,535.32 3 33.28 2,662.09 4 34.94 2,795.19 6572 ACE TREE TRIMMER SUPERVISOR 0 39.67 3,173.47 1 41.65 3,332.14 2 43.73 3,498.75 3 45.92 3,673.68 4 48.22 3,857.37 5308 UCHR VETERINARIAN 0 46.77 -- 1 49.11 -- 2 51.57 -- 3 54.15 -- 4 56.85 -- Page 1068 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 72 of 73 5331 PROF VETERINARIAN (PERMITTED) 0 62.32 4,985.47 1 65.43 5,234.73 2 68.71 5,496.48 3 72.14 5,771.31 4 75.75 6,059.86 5335 PROF VETERINARIAN I 0 44.26 3,540.81 1 46.47 3,717.86 2 48.80 3,903.74 3 51.24 4,098.93 4 53.80 4,303.88 5333 PROF VETERINARIAN II 0 50.90 4,071.93 1 53.44 4,275.51 2 56.12 4,489.30 3 58.92 4,713.75 4 61.87 4,949.45 5334 UCHR VETERINARIAN II 0 50.90 -- 1 53.44 -- 2 56.12 -- 3 58.92 -- 4 61.87 -- 5323 UCHR VETERINARY ASSISTANT 0 21.75 -- 1 22.84 -- 2 23.98 -- 3 25.18 -- 4 26.44 -- 5325 ACE VETERINARY ASSISTANT 0 21.75 1,739.93 1 22.84 1,826.93 2 23.98 1,918.28 3 25.18 2,014.19 4 26.44 2,114.90 3029 ACE VOIP/VIDEOCONF SPECIALIST 0 38.19 3,055.36 1 40.10 3,208.12 2 42.11 3,368.53 3 44.21 3,536.96 4 46.42 3,713.80 Page 1069 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Fiscal Year 2024-2025 Compensation Schedule Effective December 13, 2024 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No.: Page 73 of 73 7131 ACE VOLUNTEER COORDINATOR 0 23.78 1,902.01 1 24.96 1,997.12 2 26.21 2,096.97 3 27.52 2,201.82 4 28.90 2,311.91 2777 ACE WEBMASTER 0 37.98 3,038.39 1 39.88 3,190.31 2 41.87 3,349.83 3 43.97 3,517.32 4 46.16 3,693.18 Revised July 16, 2024 (Effective July 12, 2024 | Salaries for FA Deputy Executive Director, FA IVDC-LECC Executive Director, FA Finance Manager, and FA Deputy Director of LECC are effective July 1, 2024) August 20, 2024 (Effective August 23, 2024) September 17, 2024 (Effective September 20, 2024 | Salary for City Attorney, Councilperson and Mayor are effective July 1, 2024) October 8, 2024 (Effective October 18, 2024) December 3, 2024 (Effective December 13, 2024 | Salary for City Attorney, Councilperson and Mayor are effective July 1, 2024) Page 1070 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CLASSIFICATION PLAN AND COMPENSATION SCHEDULE TO REFLECT (1) THE ADDITION AND DELETION OF POSITION TITLES AND (2) SALARY ADJUSTMENTS FOR CERTAIN POSITIONS; AND AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS WHEREAS, Civil Service Rule 1.02.A., which applies to the City’s classified positions, provides for necessary reviews and changes so that the City’s Classification Plan is kept current, and that changes in existing classes, the establishment of new classes, and the abolition of classes are properly reflected in the Classification Plan; and WHEREAS, in an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing amending the authorized position count in various departments and salary adjustments for certain positions which necessitate amendments to the City’s Compensation Schedule, Classification Plan, and departmental position counts; and WHEREAS, Sections 302, 304(b), and 503(c) of the City of Chula Vista City Charter establish the compensation for Councilmembers, the Mayor, and the elected City Attorney, respectively, based upon the formulas set forth in those sections; and WHEREAS, the City received notification from the Judicial Council of California on November 14, 2024, of an adjusted salary for the position of Judge of the Superior Court of the State of California, to which the salaries for Councilmembers, the Mayor, and the elected City Attorney are tied, and made the appropriate changes retroactive to July 1, 2024; and WHEREAS, staff made the change to the salary rates for Mayor, Councilmembers, and City Attorney upon notification from the State of California (in accordance with the City Charter), and the Mayor, Councilmembers, and City Attorney are receiving this pay rate (as shown below); and Position Title Bi-Weekly E Step Salary City Attorney $9,412.58 Mayor $6,212.30 Councilmember $2,484.92 Page 1071 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda WHEREAS, a summary of the new and updated classifications and the E-Step salaries are as follows: Position Title Employee Group Bi-Weekly E Step Salary City Clerk City Clerk $8,735.50 Communications Officer Professional, Unclassified $4,190.00 Real Property Manager Mid-Management, Unclassified $5,628.93 Senior Public Information Specialist ACE $3,788.41 Special Events Coordinator Professional, Unclassified $4,190.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves amendments to the Compensation Schedule and Classification Plan to reflect the changes described above. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the following changes to the Fiscal Year 2024-25 authorized departmental position counts: Department Position Title FTE General Fund Administration Communications/Special Events Coordinator -1.00 Special Events Coordinator 1.00 Public Information Specialist -1.00 Communications Officer 1.00 City Clerk Fiscal Office Specialist -1.00 Senior Administrative Secretary 1.00 Development Services Building Official -1.00 Police Peace Officer 1.00 Public Works Public Works Specialist -1.00 Senior Public Works Specialist 1.00 General Fund Total 0.00 Development Services Fund Development Services Building Official 1.00 Development Services Fund Total 1.00 Sewer Fund Engineering Engineering Technician II -1.00 Senior Engineering Technician 1.00 Public Works Public Works Specialist -1.00 Senior Public Works Specialist 1.00 Sewer Fund Total 0.00 Page 1072 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Resolution No. Page 3 Department Position Title FTE Measure A Fund Police Public Information Specialist -1.00 Senior Public Information Specialist 1.00 Measure A Total 0.00 State Grants Funds Police Peace Officer -1.00 State Grants Total -1.00 All Funds Total 0.00 Presented by Approved as to form by Tanya Tomlinson Marco A. Verdugo Director of Human Resources /Risk Management City Attorney Page 1073 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED CITY CLERK EMPLOYMENT AGREEMENT BETWEEN THE CITY AND KERRY BIGELOW WHEREAS, on September 26, 2017, the City Council of the City of Chula Vista approved the appointment of Kerry Bigelow as City Clerk effective September 29, 2017, and subsequently approved a City Clerk employment agreement; and WHEREAS, on November 12, 2024, the City Council convened in closed session to consider amendments to their employment agreement; and WHEREAS, an agreement was subsequently reached and staff requested approval of the amended employment agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the amended City Clerk Employment Agreement effective December 13, 2024, between the City and Kerry Bigelow, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by Tanya Tomlinson Marco A. Verdugo Director of Human Resources/Risk Management City Attorney Page 1074 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2024-25 COMPENSATION SCHEDULE EFFECTIVE DECEMBER 13, 2024, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements, including approval by the City’s governing body in accordance with the requirements of applicable public meeting laws; and WHEREAS, the Fiscal Year 2024-25 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting October 8, 2024; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments, approved subsequent to the date of approval, must be reflected on a revised Compensation Schedule and submitted to the City Council for approval; and WHEREAS, the revised Fiscal Year 2024-25 Compensation Schedule effective December 13, 2024, will reflect the addition of the Communications Officer, Senior Public Information Specialist and Special Events Coordinator position titles; the deletion of the Communications/Special Events Coordinator position title; and the adjusted salaries for the City Clerk and Real Property Manager position titles; and WHEREAS, this revised Compensation Scheduled reflects the adjusted salaries for Mayor, Councilmembers and the City Attorney effective July 1, 2024, in accordance with the City Charter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the revised Fiscal Year 2024-25 Compensation Schedule effective December 13, 2024, in the form presented, a copy of which is available in the City Clerk’s Office, that reflects the addition of the Communications Officer, Senior Public Information Specialist and Special Events Coordinator position titles; the deletion of the Communications/Special Events Coordinator position title; the adjusted salaries for the City Clerk and Real Property Manager position titles; and the adjusted salaries for Mayor, Councilmembers and the City Attorney effective July 1, 2024. Presented by Approved as to form by Tanya Tomlinson Marco A. Verdugo Director of Human Resources/Risk Management City Attorney Page 1075 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2024-25 BUDGET 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 is recommending $45,470 in expenditure appropriations to Personnel Services offset by an increase estimated Sales Tax revenues in the General Fund, resulting in no net impact; and WHEREAS, staff is recommending $226,287 in expenditure appropriations to Personnel Services and increase revenues by $226,287 in the Development Services Fund, resulting in no net impact; and WHEREAS, staff is recommending $23,844 in expenditure appropriations to Personnel Services in the Sewer Revenue Fund, resulting in a negative impact of $23,844; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby amends the fiscal year 2024-25 budget and approves the following appropriations: Summary of All Fund Appropriations GENERAL FUND Department Personnel Services Estimated Revenue Net Impact Administration $ 14,177 $ 14,177 City Attorney 915 915 City Council 1,570 1,570 City Clerk 20,586 20,586 Non-Departmental (45,470) (45,470) Public Works 8,222 8,222 TOTAL EST. OTHER FUNDS COST $ 45,470 $ (45,470) $ - OTHER FUNDS Department Personnel Services Estimated Revenue Net Impact Development Services Fund $ 226,287 $ (226,287) $ - Sewer Revenue Fund 23,844 - 23,844 TOTAL EST. OTHER FUNDS COST $ 250,131 $ (226,287) $ 23,844 Page 1076 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Presented by Approved as to form by Tanya Tomlinson Marco A. Verdugo Director of Human Resources /Risk Management City Attorney Page 1077 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ADD THE UNCLASSIFIED POSITION TITLES OF COMMUNICATIONS OFFICER AND SPECIAL EVENTS COORDINATOR WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City’s workforce; and WHEREAS, the Communications Officer and Special Events Coordinator, given its duties and responsibilities, are unclassified management positions, within the meaning of Charter Section 701; and WHEREAS, Chula Vista City Charter Section 500(D) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor, At Will), Administrative Services Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance, Assistant Director of Parks and Recreation, Assistant Director of Public Works, Budget and Analysis Manager, Building Official, Chief Information Security Officer, Chief of Staff, Code Enforcement Manager, Communications Manager, Communications Officer, Deputy Fire Chief, Deputy Director of Animal Services, Deputy Director of Community Services, Deputy Director of Development Services, Development Project Manager, Development Services Department Director, Director of Animal Services, Economic Development Manager, Emergency Services Manager, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Administrative Program Manager, FA Analyst, FA Cyber Security Program Manager, FA Deputy Director IV- LECC, FA Deputy Director LECC, FA Deputy Executive Director, FA Executive Director, FA Public Private Partnership and Exercise Program Manager, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Financial Manager, FA Geospatial Intelligence Analyst, FA IVDC-LECC Executive Director, FA Law Enforcement Coordination Center Information Technology Manager, FA Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA Network Administrator III, FA Program Analyst, FA Program Assistant Supervisor, FA Program Manager, FA Network Engineer, FA Senior Financial Analyst, FA Senior Intelligence Analyst, FA Senior Program Assistant, FA Senior Secretary, FA Supervisory Intelligence Analyst, Page 1078 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Ordinance No. Page No. 2 Facilities Financing Manager, Finance Manager, Human Resources Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor’s Office), Planning Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Public Works Superintendent, Purchasing Agent, Revenue Manager, Risk Manager, Senior Council Assistant, Special Events Coordinator and Special Projects Manager. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or uncons titutional, 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, sent ences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by ___________________________________ ________________________________ Tanya Tomlinson Marco A. Verdugo Director of Human Resources/Risk Management City Attorney Page 1079 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Item 8.4 Employee Compensation, Positions and Budget Amendment: Approve Classification Plan and Compensation Schedule; Position Counts; Employment Agreement; Revised Compensation Schedule; and Budget Amendments Presented By: Tanya Tomlinson, Director of Human Resources/Risk Management December 3, 2024Page 1080 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Item 8.4 Employee Compensation, Positions and Budget Amendment: Approve Classification Plan and Compensation Schedule; Position Counts; Employment Agreement; Revised Compensation Schedule; and Budget Amendments December 3, 2024 •Sections 302,304(b),and 503(c)of the City of Chula Vista City Charter establish the compensation for Councilmembers,the Mayor,and the elected City Attorney,respectively,based upon the formulas set forth in those sections. •The City received notification from the Judicial Council of California of an adjusted salary for the position of Judge of the Superior Court of the State of California,to which the salaries for Councilmembers,the Mayor,and the elected City Attorney are tied. •Staff made the change to the salary rates,in accordance with the City Charter,and the Mayor,Councilmembers, and City Attorney are receiving this pay rate. Position Title Bi-Weekly Salary City Attorney $9,412.58 Mayor $6,212.30 Councilmember $2,484.92 Page 1081 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Item 8.4 Employee Compensation, Positions and Budget Amendment: Approve Classification Plan and Compensation Schedule; Position Counts; Employment Agreement; Revised Compensation Schedule; and Budget Amendments December 3, 2024 •On September 26,2017,the City Council approved the appointment of Kerry Bigelow as City Clerk effective September 29,2017,and Ms.Bigelow’s employment agreement. •On November 12,2024,a City Council subcommittee convened in closed session to consider the City Clerk’s evaluation of performance;a contract amendment was subsequently reached,and staff is requesting Council approval of the amended employment agreement. •Adoption of Resolution B will approve the amended City Clerk employment agreement,which includes: •Salary adjustment to $8,735.50 biweekly •Additional severance if terminated within six months following the swearing in of a newly elected Mayor or Councilmember Page 1082 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda Memorandum DATE: November 26th, 2024 TO: City Manager, Maria Kachadoorian FROM: Councilmember Carolina Chavez and Councilmember Alonso Gonzalez SUBJECT: Report Back to The Chula Vista City Council on the recommendations and findings of the Economic Development and Binational Affairs Ad-Hoc Subcommittee Economic Development and Binational Relations Ad Hoc Sub-Committee Title: Report Back to Council for the Chula Vista Ad Hoc Sub-Committee on Economic Development and Binational Relations Members:  District 1 Councilmember Carolina Chavez  District 3 Councilmember Alonso Gonzalez The Economic Development and Binational Relations Ad Hoc Sub-Committee was formed on October 1st, 2024. The subcommittee has engaged in discussions focused on promoting local businesses, strengthening the city’s binational business relationships, and considering policy changes to support these goals. Page 1083 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda The subcommittee asks the Council to support the following recommendations to be referred to the City Manager and staff: Development Services  Return with a policy that requires a response to applicants within 3-4 days of receiving their correspondence. o The Council has repeatedly received feedback from our business community and residents that the complex nature and long process related to many of the permit processes often are at risk for communication regarding where an applicant is in the process and what the permit is waiting on. Maintaining clear lines of communication is essential to provide our community with security so they can proceed with their business/residential projects within a reasonable timeframe.  Require quarterly updates to the city council regarding major applications and observed trends. Binational Affairs  Establish a Binational Affairs Liaison position in the Economic Development department to coordinate and promote cooperation between government and business on both sides of the border. o Our city is next to the most-crossed land border in the world, with over 90,000 people crossing every day. o Our city continues to benefit from a large binational workforce, shared community, and cross-border tourism that supports Chula Vista businesses. This relationship is even more crucial with the imminent opening of Gaylord Pacific next year. Local Business Support  Return with options for a scoring advantage for local businesses in the Request for Proposal (RFP) process. o Encourage investment in services offered locally to ensure that more of the value generated by a project is returned to the community.  Explore a partnership with the Chula Vista Chamber of Commerce for outreach, education, creating new jobs, industry diversification, and local business promotion.  The subcommittee recommends that staff examine policy B-74 from the County of San Diego regarding contracting standards for janitorial, landscaping, and security services and return it to the Council to consider adopting the policy ensure best practices across our service contracts. Page 1084 of 1084 City of Chula Vista - City Council December 3, 2024 Post Agenda