HomeMy WebLinkAboutRDA Packet 2002/01/15
CllY OF
CHUlA VISfA
TUESDAY, JANUARY 15, 2002
6:00 P.M.
(immediately following the City Council meeting)
COUNCIL CHAMBERS
PUBLIC SERVICES BUILDING
JOINT MEETING OF THE
REDEVELOPMENT AGENCY I CITY COUNCIL
OF THE CITY OF CHULA VISTA
CALL TO ORDER
ROLL CALL
Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton
CONSENT CALENDAR
The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted
by the Agency by one motion without discussion unless an Agency member, a member of the public or City
staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency
or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action
items. Items pulled by the public will be the first items of business.
1. AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30.
2001 - Presented for Council/Agency information and acceptance are the
Audited Financial Statements for the fiscal year ended June 30, 2001, as
prepared by the independent audit firm of Caporicci, Cropper & Larson. Both
the City's and the Agency's Annual Financial Reports received unqualified
(clean) opinions from the independent audit firm. [Assistant City Manager
Powell]
STAFF RECOMMENDATION: Agency/Council accept the fiscal year 2000-
01 Financial Statements.
2. AGENCY RESOLUTION OF THE CITY OF CHULA VISTA DISCONTINUING
REDEVELOPMENT AGENCY STIPEND PAY FOR CITY CLERK'S OFFICE
EMPLOYEES EFFECTIVE 01115/02 AND PROVIDE RETROACTIVE PAY FOR
ALL UNCOMPENSATED MEETINGS IN FY 2001/02 - In 1986, the
Redevelopment Agency approved a $30 stipend per RDA meeting for
management staff of the City Clerk's office. This was in response to the
fact that the RDA meetings were moved from Thursday to Tuesday, and
would take place immediately after the regular Council meeting was over.
Previously, the Redevelopment Agency Secretary would take minutes at the
RDA meeting. However, once the meeting was changed to Tuesday after
the Council meeting, it was decided that instead of making the Agency
secretary wait until the City Council meeting was over, the City Clerk would
continue to take the minutes for the Redevelopment Agency. The
requirement to attend RDA meetings was taken into consideration when
setting compensation levels thus eliminating the necessity for the stipend.
The position of Deputy City Clerk is scheduled for formal
compensation/classification review in the near future. [City Clerk; Human
Resources Director]
CONTINUED FROM THE MEETING OF 12/17/01
STAFF RECOMMENDATION: Agency adopt the resolution.
3. AGENCY RESOLUTION APPROPRIATING $698,000 FROM THE
UNAPPROPRIATED FUND BALANCE IN THE MERGED PROJECT AREA FOR
REPAYMENT OF OUTSTANDING ADVANCES FROM THE GENERAL FUND IN
THE AMOUNT OF $556,687.95 AND RELATED INTEREST IN THE AMOUNT
OF $141,312.05 - The Redevelopment Agency, from time to time as funds
are available, repays the General Fund for previous debt owed. This action
uses currently-available Agency resources in the Merged Project Area to pay
down outstanding Agency debt to the General Fund. Repayment of this
debt is consistent with staff's recommendation to the City Council on
September 18, 2001, when Council took action on the "H" Street project.
This completes the previous action. [Community Development Director]
4/5THS VOTE REQUIRED
STAFF RECOMMENDATION: Agency adopt the resolution.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter
within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits
the Redevelopment Agency trom taking action on any issues not included on the posted agenda.) If you wish
to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to
the meeting. Those who wish to speak, please give your name and address for record purposes and follow up
action.
PUBLIC HEARING
The following item(s) have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the
Redevelopment Agency or the City Clerk prior to the meeting.
Redevelopment Agency. January 15, 2002
Page 2
4. PUBLIC HEARING TO CONSIDER AMENDING THE TOWN CENTRE I LAND
USE POLICY - In September 1977, the Agency adopted the Town Centre I
Land Use Policy to establish definitive criteria for land uses, and to inform
the general public of the type of businesses that would be consistent with
the goals and objectives of the Town Centre I Redevelopment Plan. The
land use policy included general policy guidelines and a list of permitted and
non-permitted uses. In September 1999, the land use policy was amended
to include the downtown "vision" statement, a reference to Municipal Code
regulations relating to exterior noise levels, and a new category specifying
land uses that require a Special Use Permit. In an effort to enhance and
diversify the land use mix in the downtown area, and the need to provide a
more user-friendly land use guide for prospective investors, owners, tenants,
and the general citizenry, staff determined that is was again necessary to
amend the land use policy. The proposed amendment provides an improved
policy that mirrors the goals and objectives of the Town Centre I
Redevelopment Plan and Implementation Plan, and implements the "vision"
of establishing downtown Chula Vista as the business, entertainment, civic,
and cultural focal point of the city. Additionally, a specific change to allow
Bailbond Offices north of "H" Street was requested for inclusion in the
update. Bailbond Offices are currently allowed with a Special Use Permit
only in Subarea 3 (Third Avenue between "H" and "I" Streets) of the
redevelopment area. Staff does not support a change to the current policy
regarding Bailbond Offices, but has provided the Agency with an option, to
consider at their discretion, that would allow Bailbond Offices north of "H"
Street. [Community Development Director]
AGENCY RESOLUTION OF THE OF THE CITY OF CHULA VISTA AMENDING
THE TOWN CENTRE I LAND USE POLICY TO IMPLEMENT THE GOALS AND
OBJECTIVES OF THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA
PLAN AND IMPLEMENTATION PLAN; ASSIST IN THE ELIMINATION OF
PHYSICAL AND ECONOMIC BLIGHTING CONDITIONS; AND IMPLEMENT
THE "VISION" OF ESTABLISHING DOWNTOWN CHULA VISTA AS THE
BUSINESS. ENTERTAINMENT. CIVIC. AND CULTURAL FOCAL POINT OF
THE CITY
STAFF RECOMMENDATION: Agency adopt the resolution
5. PUBLIC HEARING: TO CONSIDER GRANTING A SPECIAL USE PERMIT
ISUPS-01-051 TO ALLOW THE DEVELOPMENT OF AN AUTOMATIC CAR
WASH AND LUBE CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY
STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA
STAFF RECOMMENDATION: That the public hearing be opened and
continued to the Redevelopment Agency meeting of February 5, 2002.
Redevelopment Agency, January 15,2002
Page 3
6. PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL LAND USE
PERMIT TO ALLOW A BAIL BOND OFFICE AT 397 THIRD AVENUE, SUITE C
CONTINUED FROM THE MEETING OF 12/1..1&1
STAFF RECOMMENDATION: That the public hearing be opened and
continued to the Redevelopment Agency meeting of February 5, 2002.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council/Agency, staff, or members of the general public. The items will be considered individually by the
Council/Agency and staff recommendation may in certain cases be presented in the alternative. Those who
wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the Secretary to
the Redevelopment Agency or City Clerk prior to the meeting.
7. AGENCY RESOLUTION APPROVING AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH PACIFICA COMPANIES FOR THE DISPOSITION AND
DEVELOPMENT OF AGENCY-OWNED PROPERTY IN THE MIDBAYFRONT
SUBAREA OF THE BAYFRONT REDEVELOPMENT PROJECT AREA - In
2001, Pacifica Companies notified the City of Chula Vista that it had signed
an option agreement with Chula Vista Capital, the primary property owner of
the MidBayfront property, for the purchase and development of the
approximate 97-acre site. Pacifica also indicated to the City its desire to
include in its development proposal additional lands, some of which are
owned by the Redevelopment Agency. Pacifica Companies created a design
team consisting of architectural. engineering, and environmental consultants,
among others, to develop a concept master plan for the approximate 126-
acre project site. The project proposes 5.8 million square feet of high
quality mixed use building area comprised primarily of residential units, some
limited commercial, up to three hotels, restaurants, recreation areas, and
community center. Pacifica Companies is a group of diversified real estate
companies with an extensive real estate portfolio including hotels, office and
industrial buildings, retail shopping centers, and residential communities
located throughout the United States. North C.V. Waterfront L.P., a limited
partnership formed by principals of Pacifica Companies for development of
the MidBayfront property, has requested an Exclusive Negotiating
Agreement (ENA) with the Redevelopment Agency for two years, with an
optional six-month extension, to prepare plans, pursue entitlements, secure
financing, and negotiate a Disposition and Development Agreement (DDA)
for the project. [Community Development Director]
STAFF RECOMMENDATION: Agency adopt the resolution.
8. CONSIDERATION OF A SERIES OF AMENDMENTS TO MUNICIPAL CODE
CHAPTER 9.50 - Chapter 9.50 of the City's Municipal Code (Mobilehome
Space Rent Review Ordinance) was first enacted in May 1982 as a process
for the negotiation and mediation of rent increases for mobilehome
Redevelopment Agency, January 15, 2002
Page 4
communities. In 1989, Chapter 9.50 was amended to include a process for
rent review upon change of ownership of mobilehomes that were to remain
within the park. The Chapter also established the Mobilehome Rent Review
Commission to act as a due process body for rent disputes and advise
Council on mobilehome issues. As a result of the City's concerns regarding
difficulties in implementing and administering Chapter 9.50 of the City's
Municipal Code, increasing housing costs, and the general safety and
welfare of residents of mobilehome communities, Councilmember Padilla
initiated ongoing discussions with representatives of mobilehome park
residents and park owners to address these issues and concerns. With the
assistance of staff and outside legal counsel, Councilmember Padilla has
been working over the past few years on revisions to the Ordinance. Upon
further review, staff found it necessary to recommend additional revisions to
provide clearer direction and definitions, and consistency with State
Mobilehome Residency law. [Community Development Director]
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.50
OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MOBILEHOME
PARK SPACE RENT REVIEW
STAFF RECOMMENDATION: Council place the ordinance on first reading.
9. JOINT AGENCY/COUNCIL RESOLUTION DIRECTING STAFF TO IMPLEMENT
A CODE ENFORCEMENT PROGRAM FOR INSPECTING MOBILE HOME
PARKS AND PROVIDING FIELD SUPPORT FOR THE COMMUNITY HOUSING
IMPROVEMENT PROGRAM, ADDING ONE BUILDING INSPECTOR II/CODE
ENFORCEMENT OFFICER II; AND AMENDING THE CURRENT YEAR BUDGET
AND AMENDING THE FISCAL YEAR 2002-03 SPENDING PLAN TO
PROVIDE FUNDING THEREFOR - The preservation and improvement of
affordable housing is critical to the long-term interests of the City of Chula
Vista. Therefore, a proposed new Building Inspector II/Code Enforcement
Officer II position will be assigned the responsibility of conducting
inspections of mobile home parks and providing field assistance to the
Community Housing Improvement Program (CHIP). Due to financial
limitations imposed by the State of California, the existing Title 25 Mobile
Home Park Inspection Program is not staffed at a level that can adequately
respond to the deteriorating conditions found in some of the City's mobile
home and trailer parks. This position will supplement those efforts, and will
be funded from a combination of the General Fund and Redevelopment Low
and Moderate Income Housing Fund. [Community Development Director;
Planning and Building Director] 4/5THS VOTE REQUIRED
STAFF RECOMMENDATION: Agency/Council adopt the resolution.
Redevelopment Agency, January 15, 2002
Page 5
OTHER BUSINESS
10. DIRECTOR'S REPORTlS)
11. CHAIR/MAYOR REPORTlS)
12. AGENCY/COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to a closed session and thence to an adjourned meeting
of the Redevelopment Agency on January 22, 2002 at 6:00 p.m., immediately
following the City Council meeting in the City Council Chambers.
CLOSED SESSION
Unless Agency Counsel, the Executive Director, City Councilor the Redevelopment Agency states otherwise at
this time, the Agency/Council will discuss and deliberate on the following item(s) of business which are
permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised
should be discussed in closed session to best protect the interests of the City. The Agency/Council is required
by law to return to open session, issue any reports of final action taken in closed session, and the votes taken.
However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at
this point in order to save costs so that the Agency/Council's return from closed session, reports of final action
taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed
Session shall be made by Noon on Wednesday following the meeting at the City Clerk's office in accordance
with the Ralph Brown Act (Govt. Code 5 54957.71
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION --
Pursuant to Government Code Section 54956.9(a)
a. Agency vs. Rados Bros. [Case No. GIC734557-11
b. Shinohara vs. City of Chula Vista, Superior Court, County of San Diego,
South Bay Judicial District, Court Case No. GIS 002460
c. Tuchscher vs. City of Chula Vista, Superior Court, County of San
Diego, San Diego Judicial District, Court Case No. GIC758620
14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION -- Pursuant to Government Code Section 54956.9(b)
One Case
****************
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who
require special accommodates to access, attend, and/or participate in a City meeting, activity, or service
request such accommodation at least 48 hours in advance for meetings and five days for scheduled services
and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619)
691-5047 or Telecommunications Devices for the Deaf (TOOl at (619) 5B5-5647. California Relay Service is
also available for the hearing impaired.
Redevelopment Agency, January 15, 2002
Page 6
Page 1, Item
Meeting Date l/lS/07.
I
JOINT COUNCIL/REDEVELOPMENT AGENCY
AGENDA STATEMENT
ITEM TITLE:
Audited Financial Statements for Fiscal Year ended
June 30, 2001
SUBMITTED BY:
Assistant City Manager
City Manager~~oY
powell~
(4/Sths Vote: Yes~o-X-)
REVIEWED BY:
Presented for Council/Agency information and acceptance are the
Audited Financial Statements for the fiscal year ended June 30,
2001, as prepared by the independent audit firm of Caporicci,
Cropper & Larson. Both the City's and the Agency's Annual
Financial Reports received unqualified (clean) opinions from the
independent audit firm.
RECOMMENDATION: That Council and the Agency accept the fiscal
year 2000-01 Financial Statements.
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable.
DISCUSSION:
Pursuant to the City Charter Section 1017, an annual audit is
performed of the City's financial records by an independent
accounting firm. The firm of Caporicci, Cropper & Larson has
examined the general purpose financial statements of the City of
Chula Vista and the Redevelopment Agency, and issued their opinion
that those statements "present fairly, in all material respects,
the financial position of the City as of June 30, 2001 and the
results of its operations and cash flows. . for the year then
ended in conformity with generally accepted accounting
principles." In addition, a separate report has been prepared for
the Bayfront Conservancy Trust and also, a report covering State
and Federal Grant compliance, termed a "Single Audit Report."
The audit did not result in any material adjustments to previously
reported year-end figures for the Gene:ral Fund. Available Fund
Balance was verified to be $23.5 million as of June 30, 2001, an
increase of approximately $8.1 million over the balance as of the
end of the previous fiscal year. This reserve level represents 23
percent of the operating budget as compared to the Council policy
minimum target level of 8 percent.
I-I
Page 2, Item
Meeting Date l/lS/O?
In order to form a basis for
Larson evaluated the internal
found no weaknesses worthy
Council.
their opinion, Caporicci, Cropper &
control procedures of the City and
of corrective recommendations to
A representative from Caporicci, Cropper & Larson is available to
answer any questions you may have.
FISCAL IMPACT: There is no fiscal impact to the City or Agency
from this action. The contract for audit services totaled $53,950
for the year reported.
1- d-
PAGE 1, ITEM NO.: ,;;..
MEETING DATE: 1/15/2002
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: DISCONTINUE REDEVELOPMENT AGENCY STIPEND PAY FOR CITY
CLERKS' OFFICE EMPLOYEES EFFECTIVE 1/15/2002 AND PROVIDE
RETROACTIVE PAY FOR ALL UNCOMPENSATED MEETINGS IN FY
2001/02.
SUBMITTED BY: CITY CLERK AND DIRECTOR OF HUMAN RESOURCES ~
REVIEWED BY: CITY MANAGER ,J vI"
4/5THS VOTE: YES c=J NO
IT]
RECOMMENDATION
Discontinue RDA stipend and provide retroactive payment to management staff in the City
Clerks office for the period March 2001 to January 12, 2002.
BOARDS/COMMISSIONS RECOMMENDATION
N/A
DISCUSSION
In 1986, the Redevelopment Agency approved a $30 stipend per RDA meeting for management staff of
the City Clerk's Office. This was in response to the fact that the RDA meetings were moved from
Thursday to Tuesday, and would take place immediately after the regular Council meeting was over.
Previously, the Redevelopment Agency Secretary would take minutes at the RDA meeting. However,
once the meeting was changed to Tuesday after the Council meeting, it was decided that instead of
making the Agency secretary wait until the regular Council meeting was over, the City Clerk would
continue to take the minutes for the Redevelopment Agency. The requirement to attend RDA meetings
was taken into consideration when setting compensation levels thus eliminating the necessity for the
stipend. The position of Deputy City Clerk is scheduled for formal compensation/classification review in
the near future.
J-f
PAGE 2, ITEM NO.:
MEETING DATE: 1/15/2002
FISCAL IMPACT
The cost of $1,740 to provide retroactive RDA Meeting stipend pay to managers will come from
existing RDA funds.
ATTACHMENTS
N/A
RDA STIPEND REMOVE AGENDA
c2-~
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA DISCONTINUING REDEVELOPMENT STIPEND
PAY FOR CITY CLERKS' OFFICE EMPLOYEES EFFECTIVE
1/15/02 AND PROVIDING RETROACTIVE PAY FOR ALL
UNCOMPENSATED MEETINGS IN FY 2001/02
WHEREAS, in 1986 the Redevelopment Agency recognized the additional workload
and time commitment of City Clerk management staff during RDA meetings; and
WHEREAS, the Redevelopment Agency authorized a $30 stipend per
Redevelopment Agency meeting; and
WHEREAS, compensation levels were set taking into consideration the additional
duties required to support the Redevelopment Agency;
NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of
Chula Vista does hereby terminate the $30 per meeting stipend for City Clerk management
staff and provide retroactive pay to City Clerk management staff who served at
Redevelopment Agency meetings since March 2001, and have not be properly
compensated.
PRESENTED BY
APPROVED AS TO FORM BY
~i.J...LA ~~g.. ~
Susan Bigelow
City Clerk
C~~
Candy Emerson
Director of Human Resources
J:\commdev\resos\stipend
;2 -3
PAGE 1, ITEM NO.: .3
MEETING DATE: 01/15/02
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: AGENCY RESOLUTION APPROPRIATING $698,000 FROM THE
UNAPPROPRIATED FUND BALANCE IN THE MERGED PROJECT
AREA FOR REPAYMENT OF OUTSTANDING ADVANCES FROM THE
GENERAL FUND IN THE AMOUNT OF $556,687.95 AND RELATED
INTEREST IN THE AMOUNT OF $141,312.05.
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~~CS
REVIEWED BY: CITY MANAGER CPt 011'
4/STHS VOTE: YES 0 NO D
BACKGROUND
The Redevelopment Agency, from time to time as funds are available, repays the General Fund for
previous debt owed. This action uses currently-available Agency resources in the Merged Project
Area to pay down outstanding Agency debt to the General Fund. Repayment of this debt is
consistent with staff's recommendation to the City Council on September 18, 2001, when Council
took action on the "H" Street project. This completes the previous action.
RECOMMENDATION
That the City Council/Redevelopment Agency adopt the resolution appropriating $698,000 from
the unappropriated fund balance in the merged project area to pay down outstanding the
General Fund debt balances in the amount of $556,687.95 and related interest in the amount of
$141,312.05.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
As Agency funds become available, the Redevelopment Agency from time to time repays the
General Fund for advances made to the Agency's various project areas. Debt owed the General
Fund arises primarily from General Fund advances made as seed capital at or near the time the
project areas are created and then subsequent advances for projects and operations as deemed
necessary by the local governing body. A significant portion of the debt owed by the Agency to the
cd - /
PAGE 2, ITEM NO.:
MEETING DATE: 01/15/02
General fund is from the debt service on the Certificates of Participation for the Chula Vista Center
locoted on "H" Street.
On September 18, 2001, the City Council/Redevelopment Agency took action to fund, with General
Fund monies, the cost of implementing the "H" Street Entryway Beautification Project concept plan
and maintaining the project site for two years. This action appropriated $698,000 from the
unappropriated fund balance of the General Fund to cover the project's estimated implementation
and maintenance costs. While this use of General Fund monies was not considered a loan, it was
anticipated at that time that the projected repayments of prior outstanding debt owed by the Agency
to the City would have the effect of backfilling the General Fund revenues expended on this project.
Appropriating $698,000 from the unappropriated fund balance in the Merged Project Area for
repayment of outstanding advances from the General Fund completes the previous "H" Street
action. The Agency currently has available repayment monies as a result of Shinohara settlement
proceeds.
FISCAL IMPACT
The amount of $69B,000 will be appropriated from the fund balance in the merged project area
for repayment of outstanding advances from the General Fund in the amount of $556,687.95
and related interest in the amount of $141,312.05.
J\COMMDEV\STAFF.REP\Ol.lS.02\General Fund Repayment.dac
..,3-d-
AGENCY RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROPRIATING $698,000 FROM THE
UNAPPROPRIATED FUND BALANCE IN THE MERGED
PROJECT AREA FOR REPAYMENT OF OUTSTANDING
ADVANCES FROM THE GENERAL FUND IN THE AMOUNT OF
$556,687.95 AND RELATED INTEREST IN THE AMOUNT OF
$141,312.05.
WHEREAS, the Redevelopment Agency, from time to time as funds are available, repays the
General Fund for previous debt owed; and
WHEREAS, this action uses currently-available Redevelopment Agency resources in the
Merged Project Area to repay a portion of the prior outstanding debt.
NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula
Vista does hereby appropriate funds in the amount of $698,000 from the unappropriated fund
balance in the merged project area for repayment of outstanding advances from the General Fund.
BE IT FURTHER RESOLVED that $556,687.95 of such appropriation constitutes a reduction
in the principal balance of the outstanding balance of the outstanding General Fund debt, and
$141,312.05 constitutes a payment of interest.
Presented by
Approved as to form by
(J s:~
Chris S~~
Director of Community Development
\
J:ICOMMDEVlRESOSIRepayment, 1-15-02.doc
.3 -3
PAGE I, ITEM NO.: 4
MEETING DATE: 01/15/02
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: PUBLIC HEARING: TO CONSIDER AMENDING THE TOWN CENTRE I
LAND USE POLICY
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA AMENDING THE TOWN CENTRE I LAND USE POLICY
TO IMPLEMENT THE GOALS AND OBJECTIVES OF THE TOWN
CENTRE I REDEVELOPMENT PROJECT AREA PLAN AND
IMPLEMENTATION PLAN, AND THE TOWN CENTRE PROCEDURES
MANUAL AND DESIGN MANUAL; ASSIST IN THE ELIMINATION OF
PHYSICAL AND ECONOMIC BLIGHTING CONDITIONS; AND
IMPLEMENT THE "VISION" OF ESTABLISHING DOWNTOWN
CHULA VISTA AS THE BUSINESS, ENTERTAINMENT, CIVIC, AND
CULTURAL FOCAL POINT OF THE CITY
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~-Pn L5
"
REVIEWED BY: EXECUTIVE DI RECTOR (9 1;:. v~
4/ST"S VOTE: YES D NO 0
BACKGROUND
In September 1977, the Redevelopment Agency of the City of Chula Vista adopted the Town
Centre I Land Use Policy to establish definitive criteria for land uses, and to inform the general
public of the type of businesses that would be consistent with the goals and objectives of the Town
Centre I Redevelopment Plan. The land use policy included general policy guidelines and a list of
permitted and non-permitted uses. In September 1999, the land use policy was amended to
include the downtown "vision" statement, a reference to Municipal Code regulations relating to
exterior noise levels, and a new category specifying land uses that require a Special Use Permit.
In an effort to enhance and diversify the land use mix in the downtown area, and the need to
provide a more user-friendly land use guide for prospective investors, owners, tenants, and the
general citizenry, staff determined that is was again necessary to amend the land use policy. The
proposed amendment provides an improved policy that mirrors the goals and objectives of the
Town Centre I Redevelopment Plan and Implementation Plan, and implements the "vision" of
establishing downtown Chula Vista as the business, entertainment, civic, and cultural focal point
of the city. The proposed changes are discussed in the report.
Additionally, a specific change to allow Bailbond Offices north of "H" Street was requested for
inclusion in the update. Bailbond Offices are currently allowed with a Special Use Permit only in
Subarea 3 (Third Avenue between "H" and "I" Streets) of the redevelopment area. Staff does not
support a change to the current policy regarding Bailbond Offices, but has provided the
4- (
PAGE 2, ITEM NO.:
MEETING DATE: 01/15/02
Redevelopment Agency with an option to consider at their discretion that would allow Boilbond
Offices north of "H" Street.
RECOMMENDATION
The Redevelopment Agency odopt 0 resolution amending the Town Centre I Land Use Policy to:
1. Implement the gools ond objectives of the Town Centre I Redevelopment Project Area Plan
ond Implementation Plan, and the Town Centre Procedures Manual and Design Manual;
2. Assist in the elimination of physical and economic blighting conditions; and
3. Implement the "vision" of establishing downtown Chula Vista as the business,
entertainment, civic, and cultural focal point of the city.
BOARDS/COMMISSIONS RECOMMENDATION
Downtown Business Association
On October 17, 2001, staff presented the Town Centre I Land Use Policy to the Downtown
Business Association (DBA) as an informational item. The DBA expressed their support for the
land use policy amendment, but were opposed to changes of the current policy regarding
bailbond Offices. (The current policy allows bail bond offices with a Special Use Permit only in
Subarea 3 (Third Avenue between "H" and "I" Streets) of the redevelopment area.)
Additionally, the DBA expressed their concern for allowing professional office uses "by-right"
along the first floor storefronts of Third Avenue. The DBA asserted that an effort should be made
to preserve the first floor storefronts of Third Avenue solely for retail, restaurants, entertainment,
and other related uses.
Town Centre Proiect Area Committee
The Town Centre I Project Area Committee (PAC) initially held a special meeting on October 24,
2001, to consider the Town Centre I Land Use Policy. The PAC provided the following
recommendations:
1. Exclusive of bailbond offices, the PAC voted 4-0 in favor of recommending to the
Redevelopment Agency approval of the amended Town Centre I Land Use Policy.
2. The PAC vote was split 2-2 regarding changes to the bailbond office prohibition north of
"H" Street. (The current policy allows bail bond offices with a Special Use Permit only in
Subarea 3 (Third Avenue between "H" and "I" Streets.)
Due to additional revisions made to the proposed policy, the PAC and staff decided that the
policy be presented again to the PAC at their January 9,2002 public meeting. The PAC voted 5-
o in favor of recommending to the Redevelopment Agency approval of the amended Town
Centre I Land Use Policy as presented. Additionally, the PAC voted 4-2 in favor of not
recommendina to the Redevelopment Agency, staff's proposed option (under Discussion section
of this report) that would allow Bailbond Offices north of "W Street
4 -;)..
PAGE 3, ITEM NO.:
MEETING DATE:
01/15/02
Please note that the PAC serves as the recommending body to the City's Redevelopment Agency
in regards to planning and/or redevelopment matters in the Town Centre Redevelopment Area,
therefore not requiring a public hearing with the City's Planning Commission to consider this
item.
DISCUSSION
The amended Town Centre I Land Use Policy (Exhibit A) provides a land use guide for
implementing the Town Centre I Redevelopment Plan and Implementation Plan, the Town Centre
Procedures Manual and Design Manual, aCId the "vision" of establishing downtown Chula Vista
as the business, entertainment, civic, and cultural focal point of the city. Additionally, the
amended policy will assist in the elimination of physical and economic blighting conditions, and
is part of an implementation strategy for the downtown entertainment district concept, which will
be developed during the "visioning" process of the City's General Plan update.
Staff is proposing the amendment to the policy in an effort to enhance and diversify the land use
mix in the downtown area, and to establish a more user-friendly land use guide for prospective
investors, owners, tenants, and the general citizenry. Several changes were made to the land use
policy. The first change includes adding project area objectives, which are derived from the
Redevelopment Plan and Implementation Plan. The current policy (Exhibit E) provides general
policy guidelines and does not include all the project area objectives of the Redevelopment Plan
and Implementation Plan. The amended policy identifies the most important economic
development and revitalization objectives of the redevelopment area, such as the elimination of
physical and economic blighting conditions, providing adequate infrastructure, promoting
business ventures, and encouraging the development of higher density mixed-use projects.
The second change includes the creation of a matrix that illustrates a more comprehensive list of
permitted and non-permitted land uses in the downtown area, including land uses that require a
Special Use Permit. The current policy was purposely created to provide a sample of "typical"
uses for demonstration purposes, and provided that discretion be given to the Community
Development Director to determine the course of action (permitted, non-permitted, or special use
permit) when a land use was not specifically listed in the policy. Staff believes that the land use
matrix is a useful tool that will inform prospective investors and the general public of the type of
land uses that are consistent or inconsistent with the goals and objectives of the Redevelopment
Plan and Implementation Plan. Exhibit D illustrates all of the new land uses in the proposed
policy. Additionally, a matrix definitions attachment was prepared as part of the policy to define
land uses in the matrix that may need further clarification.
A final change to the land use policy includes adding language asserting that all proposed land
uses shall be consistent with the Town Centre I Redevelopment Plan and Implementation Plan, the
Town Centre Procedures Manual, Design Manual, and the downtown "vision." Additional
language specifies that all proposed land uses must comply with all applicable federal, state, and
local rules and regulations. Please note that the land use policy serves solely as a land use
guide, therefore businesses that propose to serve or sell alcoholic beverages will still be required
4-.3
PAGE 4, ITEM NO.:
MEETING DATE: 01/15/02
to comply with State Alcohol and Beverage Control (ABC) regulations, which are administered by
the City's Police Department.
Siqnificant Policy Chanaes
Aside from the new land uses provided for as described in Exhibit D and on the proposed Land
Use Matrix, the significant changes in allowable land uses include the following:
· Allowing bars, comedy clubs and nightclubs with a Special Use Permit. Only beer and
wine bars were permitted under the existing policy. This is a significant change that will
provide support for the Downtown Vision Statement's goal of positioning Third Avenue as
the entertainment focal point of the community.
· Allowing mixed-use commercial/residential projects with 0 Special Use Permit. The
existing policy wos silent on this type of land use. This change will help encourage quality
infill mixed-use projects on vacant or underutilized parcels.
· Clarifying that Antique Shops are an allowable use. The current policy doesn't address
antique shops. No change in the current prohibition on other "secondhand" merchandise
is proposed.
. Clarifying that coffee shops and juice bars are an allowable use. This is consistent with
the Downtown Vision Statement entertainment focus.
· Clarifying that legitimate health spas and therapeutic massage businesses are an
allowable use with appropriate Police Department approval.
. Numerous other minor clarifications that should provide greater clarity to businesses
seeking to locate within the downtown district.
Bail Bond Office Land Use Issue
A specific change to allow bailbond offices north of "H" Street was requested for inclusion in the
update. Bailbond offices are currently allowed with a Special Use Permit only in Subarea 3 (Third
Avenue between "H" and "I" Streets) of the redevelopment area. Staff does not support a change
to the current policy regarding bailbond offices, because the land use would permit another office
use in the "core" retail area (Third Avenue between "E" and "G" Streets), which is inconsistent
with the idea of preserving the "core" area, especially the first floor storefronts of Third Avenue
solely for retail, restaurants, entertainment, and other related type of land uses.
However, staff is providing the Redevelopment Agency with an option to consider at their
discretion that would allow bailbond offices with a Special Use Permit in Subdistricts 1 & 2:
A. Only if located within a minimum 40-ft. setback from the closest major right-of-way; or
B. There is an otherwise allowed use directly between the proposed bail bond location,
and the closest major right-of-way; or
C. If proposed bail bond offices locate on a second or higher floor.
In addition, the Agency Board should be aware that a bail bond office has located within the core
area pending resolution of the bail bond office issue. If the policy remains unaltered concerning
this issue, this bail bond office will be required to vacate. If the policy is amended pursuant to the
4-<1
PAGE 5, ITEM NO.:
MEETING DATE: 01/15/02
suggested alternative noted above, this bail bond office Special Use Permit will be heard by the
Redevelopment Agency at an upcoming public hearing.
ENVIRONMENTAL IMPACT
The Town Centre I Land Use Policy is a land use guide for implementing the goals and objectives
of the previously adopted Town Centre I Redevelopment Project Area Plan. The Town Centre I
Redevelopment Area was adopted in July 1976, and has thereafter been amended five times,
with the latest taking place in June 1998. The final Environmental Impact Report (98-2) for the
Redevelopment Project Area is on file in the City's Community Development Department. The
proposed policy is consistent with the previously certified environmental document.
Pursuant to CEQA Guidelines Article 12, section 15180(a) & (b): All public and private activities
or undertakings pursuant to or in furtherance of a redevelopment plan constitute a single project.
An Environmental Impact Report (EIR) on a redevelopment plan shall be treated as program EIR
with no subsequent EIRs required for individual components of the redevelopment plan. The
Lead Agency has determined based on the basis of substantial evidence in light of the whole
record, that the proposed activities do not constitute substantial changes requiring revisions to the
previous EIR or substantial changes with respect to the circumstances under which the activity is
being undertaken.
Additionally, the Lead Agency has determined that no new information of substantial importance
exists which was not known and could not have been known with the exercise of reasonable
diligence at the time the previous EIR was certified to show that the proposed activity could have
one or more significant effect on the environment. Therefore, no new mitigation measures
would be required.
FISCAL IMPACT
The Town Centre I Land Use Policy will result in no adverse financial impact to the City's
Redevelopment Agency. The policy will assist in the elimination of physical and economic
blighting conditions in the Town Centre I Redevelopment Area. Additionally, the policy will
provide prospective investors, owners, and tenants with a more user-friendly land use guide that
specifies a more comprehensive list of permitted and non-permitted uses in the redevelopment
project area, including uses that will require a Special Use Permit.
ATTACHMENTS
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
Draft Town Centre I Land Use Policy & Matrix
Town Centre I Land Use Map
List of new land uses in the amended Land Use Policy
Current Land Use Policy
Minutes from the October 2001 Special Meeting with the Town Centre
Project Area Committee
J:\COMMDEV\STAFF.REp\O 1- 15-02\ Tel land Use Policy.doc
4-~-
AGENCY RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA AMENDING THE TOWN CENTRE I LAND USE POLICY TO
IMPLEMENT THE GOALS AND OBJECTIVES OF THE TOWN CENTRE I
REDEVELOPMENT PROJECT AREA PLAN AND IMPLEMENTATION PLAN,
AND THE TOWN CENTRE PROCEDURES MANUAL AND DESIGN MANUAL;
ASSIST IN THE ELIMINATION OF PHYSICAL AND ECONOMIC BLIGHTING
CONDITIONS; AND IMPLEMENT THE "VISION" OF ESTABLISHING
DOWNTOWN CHULA VISTA AS THE BUSINESS, ENTERTAINMENT, CIVIC,
AND CULTURAL FOCAL POINT OF THE CITY
WHEREAS, the Redevelopment Agency of the City of Chula Vista adopted the
Town Centre I Land Use Policy in September 1977 to establish definitive criteria for land
uses, and to inform the general public of the type of businesses that would be consistent
with the goals and objectives of the Town Centre I Redevelopment Plan; and
WHEREAS, the adopted Town Centre I Land Use Policy included general policy
guidelines and a list of permitted and non-permitted uses; and
WHEREAS, the Redevelopment Agency of the City of Chula Vista amended the
Town Centre I Land Use Policy in September 1999 to include the downtown "vision"
statement, a reference to Municipal Code regulations relating to exterior noise levels, and a
new category specifying land uses that require a Special Use Permit; and
WHEREAS, the Redevelopment Agency of the City of Chula Vista again desires to
amend the Town Centre I Land Use Policy in an effort to enhance and diversify the land
use mix in the downtown area, and provide a more user-friendly land use guide for
prospective investors, owners, tenants, and the general citizenry; and
WHEREAS, the amended Town Centre I Land Use Policy provides an improved
policy that mirrors the goals and objectives of the Town Centre I Redevelopment Plan and
Implementation Plan, and implements the "vision" of establishing downtown Chula Vista
as the business, entertainment, civic, and cultural focal point of the city; and
WHEREAS, the amended Town Centre I Land Use Policy:
1. Identifies the most important economic development and revitalization
objectives of the Town Centre I Redevelopment Area;
2. Provides a Town Centre I Land Use Matrix that illustrates a more comprehensive
list of permitted and non-permitted land uses in the Town Centre I
Redevelopment Area, including land uses that require a Special Use Permit; and
3. Provides a Town Centre I Land Use Matrix Definitions attachment that defines
land uses in the matrix that may need further clarification.
4-C,
WHEREAS, the amended Town Centre I Land Use Policy will assist in the
elimination of physical and economic blighting conditions in the Town Centre I
Redevelopment Area; and
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City
of Chula Vista does hereby adopt the Town Centre I Land Use Policy in the form
presented, a copy of which shall be attached hereto in Exhibit A.
Presented by
Approved as to form by
Chris Salomone
Director of Community Development
\
J:\COMMDEV\RESOS\TCI Land Use Policy.doc
4-7
ATTACHMENT A
Redevelopment Agency of the City of Chula Vista
Town Centre I Land Use Policy
~V?-
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CllY OF
CHUlA VISTA
Purpose
The purpose of the Town Centre I Land Use Policy is to provide a land use guide for
implementing the "vision" of establishing downtown Chula Vista as the business,
entertainment, civic, and cultural focal point of the city. The Land Use Policy advises
prospective investors, owners, tenants, and the general citizenry of the type of land uses that
are consistent or inconsistent with the Town Centre I Redevelopment Plan and
Implementation Plan, the Town Centre Procedures Manual, Design Manual. and the
downtown "vision."
The Land Use Policy also provides a useful tool to assist affected advisory bodies and the
Redevelopment Agency to formulate rationale land use decisions based on the Project
Area Objectives that are listed below. All proposed land uses are required to be consistent
with one or more of the Project Area Objectives, which are derived from Article I Section 120
of the Town Centre I Redevelopment Plan, and corresponding Implementation Plan.
Proiect Area Obiectives
1. Eliminate blighting influences, including incompatible and noxious land uses, obsolete
structures and inadequate parking facilities.
2. Eliminate environmental deficiencies including, among others, small and irregular lot
and block subdivisions, several poorly planned streets. and economic and social
deficiencies.
3. The strengthening of the mercantile posture of Town Centre and the improvement of
retail trade therein.
4. The renewal of Town Centre's physical plant and the improvement of its land use
patterns and spatial relationships.
5. The retention and expansion of viable land uses. commercial enterprises, and public
facilities within the area.
6. The attraction of capital and new business enterprises to the core area.
7. The comprehensive beautification of the area, including its buildings, open space,
streetscape, and street furniture.
8. The encouragement of multi-family, middle-income residential units in and near the
core area.
9. The possible accommodation of future local and regional mass transit and related
4-?
facilities; improvement of off-street parking areas and provision for a mini-transit intra-
project system.
10. The establishment of design standards to assure desirable site design and
environmental quality.
11. The reorientation of the people of Chula Vista to their core area, and the resultant
promotion of sense of "towness."1
Permitted Uses & Land Use Consistency
All proposed land uses shall be consistent with the Town Centre I Redevelopment Plan and
Implementation Plan, the Town Centre Procedures Manual. Design Manual, and the
downtown "vision." Additionally, all proposed land uses must comply with all applicable
federal. state, and local rules and regulations. Article VI (Permitted Uses and Controls) of the
Town Centre I Redevelopment Plan specifies permitted land uses in the redevelopment
area. The Land Use Policy's accompanying matrix provides a comprehensive list of the type
of land uses that are permitted or non-permitted in the redevelopment area, including land
uses that require a special land use permit.
If a land use is not specifically listed, the Community Development Director shall determine if
the use is permitted, not permitted, or will require a special land use permit. The Director's
determination shall be based on the requirements for the most comparable land use
specified. Generally, all special land uses requiring a special use permit shall be presented
to the Town Centre Project Area Committee (PAC) at a public hearing for its consideration
and recommendation. Final decisions on special use permits shall be made by the
Redevelopment Agency at a public hearing.
The procedures and required findings for special use permits shall be the same as those for
conditional use permits, as set forth in Section 19.14.080 of the Chula Vista Municipal Code,
except that the PAC shall serve as the recommending body to the Redevelopment Agency
in regards to planning and/or redevelopment matters in the redevelopment area.
Prospective applicants of major or minor projects should refer to Section III of the Town
Centre Procedures Manual for rules and regulations pertaining to the filing and processing of
all plans and proposals in the Town Centre Redevelopment Area.
1 T owness is a unique feeling spawned by an emotional relationship between people and their city. This feeling
is founded upon a sense of belonging. When the people feel that they belong to their city and that their city
belongs to them, a state of towness exists.
2
4-9
Town Cenfre I Redevelopment Project Area
Land Use Policy Matrix
--
land Use Type Permitted Special land Use" Not Permitted
Accountant, Administrative, Financial X
Planner, & Real Estate Office
Adult Bookstore X
Adult Mini-Motion Picture X
Adult Motion Picture X
Amusement Arcades X
Antique Shop X
Apparel Shop X
Art Gallery and Artist Studio X
Arts & Crafts, Toy or Hobby Store X
Attorney Office X
Automotive Sales (new or pre-owned) X
Bailbond Office (Subarea 3 only) X
Bakery X
Bar, Comedy and/or Nightclub, unless X
appurtenant to bonafide food service
Barber, Hair Salon or Beauty Shop X
Bicycle Shop X
Billiards/Pool Rooms X
Body Art or Piercing, unless appurtenant to X
specialty retail sales store
Book and Magazine Stores X
Boutiques X
Candy Store X
Camera Shop X
Car Wash X
Coffee Shop, Coffee House or Juice Bar X
Commercial Juvenile Recreation Center X
Computer Software Store X
Day Care Center X
Decorator [home) accessory shops X
Dental Office X
Drive-Through business [Subarea 3 only) X
Financial Institutions X
Fitness Center/Gym [including Aerobic, X
Karate, and Dance Studios)
Florists X
Gift and Novelty Shop X
Hardware Store [under 25,000 sq. ft.) X
Health and Specialty Food Store X
Hotels/Bed and Breakfast Establishments CC** X
Ice Cream/Y ogurt Shop X
Interior Design Shop X
Jewelry Store X
*Special Use Permit required
"Central Commercial (Ce); Residential[R)
3 4_10
Town Centre I Redevelopmenf Project Area
Land Use Policy Matrix
land Use Type Permitted Special land Use. Not Permitted
Laundry and Dry Cleaner X
Leather Goods (retail) X
Locksmith Shop X
Luggage Shop X
Mixed-Use Commercial & Residential X
Massage Parlors X
Motion Picture Theatres X
Motor Vehicle Repair Shop X
Museum X
Music Store X
Musical Recording Retail Store (audiotapes, X
compact discs, etc.)
New Computer Hardware Store X
New Furniture, Lamps, & Household X
Accessory Stores
Pawn Shop X
Performing Arts Theatres X
Pet Shop/Grooming X
Pharmacy X
Photocopy Center/Computer Graphics X
Physician, Chiropractic, Acupuncture, X
Alternative Medicine Office
Public & Quasi-Public Office X
Residential R" X
Restaurant, Delicatessen and Carry-Out X
Restaurant, Full Service X
Secondhand merchandise X
Shoe Store, Shoe Shine, and Shoe Repair X
Sidewalk or Outdoor Cafe (Sidewalk & X
Encroachment Permit Required)
Smog Test Facility X
Spa/Therapeutic Massage Parlor (subject to X
Police Department Approval)
Specialty Retail X
Sporting Goods Store X
Stationary and Card Shop X
Tailor or Alteration Shop X
Tanning Parlor X
Tobacco Retail Shop X
Travel Agency X
Vendor Cart (private property only) X
Video Rental and Sales X
Wedding Shop X
*Special Use Permit required
"Central Commercial (Ce); Residential (R)
4 4- II
Town Centre I Redevelopment Project Area
Land Use Policy Matrix Definitions
The following special definifions are sef forfh for clarificafion purposes.
"Adult Bookstore" means an esfablishmenf that devotes more than fifteen (IS) percent
of the total floor area utilized for the display of books or periodicals to display and sale
the following:
I. Books. magazines. periodicals. or other printed matter. or photographs. films.
motion pictures. video cassettes. slides. topes. records. or other forms of visual. or
audio representations that are characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical areas; or
2. Instruments. devices or paraphernalia that are designed for use in connection
with specified sexual activities.
An "adult bookstore" does not include an establishment that sells books or
periodicals as an incidental or accessory part of its principal stock-in-trade. and does
not devote more than fifteen (15) percent of the total floor area of the establishment
to the sale of books and periodicals. (C.V.M.C. 19.04.007)
"Adult Motion Picture" means an enclosed building with 0 capocity of 50 or more
persons used for presenting material distinguished or characterized by an emphasis on
matter depicting. describing or relating to a specified sexual activity for observation by
patrons therein. (C.V.M.C.19.04.007A)
"Adult Mini-Motion Picture" means an enclosed building with a capacity for less than 50
persons used for presenting material distinguished or characterized by an emphasis on
matter depicting. describing or relating to a specified sexual activity for observation by
patrons therein. (C.V.M.C. 19.04.007B)
"Amusement Arcade" is defined as a facility where coin or token operated games.
machines. or devices of skill. chance. or entertainment are offered to the general public.
"Antique Shop" is defined as any premises predominantly used for the sale of articles.
works of ar!. furniture. or decorative objects that are considered rare and to have special
value because of age. artistry. beauty. or period of origin. An antique shop does not
include premises that sell second-hand merchandise.
"Massage Parlors" refer to Chula Vista Municipal Code Chapter 5.36 for regulations
pertaining to massage parlors.
"Vendor Carl" is defined as an outdoor portable cart from which a vendor displays. sells.
offers for sale. gives away. or offers to give away anything of value including any food.
non-alcoholic beverage. goods. wares. merchandise or services.
Other required definitions shall be set forth within the Town Centre I Redevelopment Plan.
the Chula Vista Municipal Code. or derived from good planning principles and practices.
as appropriate.
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January 9, 2002
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New land uses to the Town Centre I Land Use Policy
Permitted Uses:
Accountant, Administrative, Financial Planner. & Real Estate Office
Antique Shop
Art Gallery and Artist Studio
Arts & Crafts, Toy or Hobby Store
Barber. Hair Salon, or Beauty Shop
Bicycle Shop
Books and Magazine Stores
Boutiques
Candy Store
Camera Shop
Coffee Shop, Coffee House. or Juice Bar
Computer Software Store
Decorator [home) accessory shops
Financial Institutions
Fitness Center/Gym [including aerobic, karate, and dance studios)
Florists
Gift and Novelty Shop
Hardware Store (under 25,000 sq. ft.)
Health and Specialty Food Store
Hotels/Bed and Breakfast Establishments [Central Commercial Zone only) I
Ice Cream/Yogurt Shop
Leather Goods [retail)
Locksmith Shop
Luggage Shop
Motion Picture Theatres
Music Store
Musical Recording Retail Store (audiotapes, compact discs, etc.)
New Computer Hardware Store
New Furniture, Lamps, & Household Accessory Stores
Performing Arts Theatres
Pet Shop/Grooming
Pharmacy
Photocopy Center/Computer Graphics
Physician, Chiropractor, Acupuncture, Alternative Medicine Office
Public & Quasi Public Office
Residential (Residential Zones only)2
Restaurant, Full Service
Shoe Store, Shoe Shine, and Shoe Repair
Spa/Therapeutic Massage Parlor (subject to Police Department approval)
Specialty Retail
Stationary and Card Shop
Tailor or Alteration Shop
Tanning Parlor
Tobacco Retail Shop
Video Rental and Sales
Wedding Shop
4-13
I Allowed "by-right" in the Central Commercial Zone; Special Use Permit required in other zones
2 Allowed "by-right" in Residential Zones: Special Use Permit required in other zones
ATTACHMENT C
Non-Permitted Uses:
Adult Bookstore
Adult Mini-Motion Picture
Adult Motion Picture
Automotive Sales (new and pre-owned)
Body Art or Piercing, unless appurtenant to specialty retail sales store
Massage Parlors
Motor Vehicle Repair Shop
Smog Test Facility
Special Land Uses3:
Amusement Arcades
Bar, Comedy. and/or Nightclub, unless appurtenant to bonafide food service
Billiards/Pool Rooms
Hotels/Bed and Breakfast Establishments
Mixed Use Commercial & Residential
Museum
Vendor Cart (private property only)
4-/4
3 Requires Special Use Permit
OLD POLICY BEING REPLACED EFFECTIVE
AS OF JANUARY 15, 2002
ATTACHMENT D
City of Chula Vista Redevelopment Agency
TOWN CENTRE I LAND USE POLICY
General Statements of Policy
The Town Centre Project Area Committee accepts the land-use goals and objectives embodied
in the Redevelopment Plan, and the developmental guidelines and concepts constituent to the
Town Centre I Design Manual. The Committee, therefore, shall encourage the Project Area's
redevelopment into the South Bay's principal center for specialty retail goods and services and
the realization of the Downtown "Vision" to establish the Downtown as the Business,
Entertainment, and Social Center-Point of the Community. In furtherance of this policy, the
committee will base its land-use recommendations on the principles of sound city planning and
community development.
The Project Area Committee, furthermore, recognizes that excellence in land-use order and
townscape planning are one and inseparable, and that its land-use decisions must be
coordinated with the decisions and recommendations of the Town Centre Design Review
Committee. The Committee, therefore, will require each land-use applicant to meet the
requirements of the Design Review Committee as a condition of Committee approval.
B. General Policv Guidelines
1. The Committee will approve land uses which will not preclude or deter the effective
redevelopment of the Project Area.
2. The Committee will approve land uses which will not place the economic vitality of
the Town Centre in jeopardy.
3. The Committee will approve land uses which will not imperil residential enjoyment
within the Town Centre.
4. The Committee will approve land uses which will not adversely affect the fluid
movement of traffic within the Project Area.
5. The Committee will approve land uses which will not create abnormally high levels
of noise as cited in the Chule Vista Municipal Code Section 17.24.050 and Chapter
19.68.
6. The Committee will approve land uses which will not discourage the purveyance of
qualitative specialty goods and services in the Town Centre.
7. The Committee will approve land uses which are not incompatible with the adopted
Downtown "Vision".
8. The Committee will approve land uses, proposed for location in Subarea 1, that are
consistent with the pedestrian orientation of the Central Business District.
4-(~
Policy Number 2
Page 1 of 3
C. Specific Pplicv Guidelines
1. Allowed Uses
The following land use categories are allowed uses within the Town Centre I Redevelopment
Project Area. When a land use is not specifically defined herein, the Director of Community
Development shall determine if the use shall require a Special Land Use Permit. Such
determination shall be based on the requirements for the most comparable use specified..
a. Restaurants
o Full-service
o Delicatessen
o Carry-out
o Sidewalk Cafe (with approval of encroachment permit)
o Outdoor Cafe
b. Retail Shops
o Apparel Shops
DArts & Crafts Stores
o Bakeries
o Toy Stores
o Health Food Stores
o Jewelry Stores
o Gift Shops
o Bonafide Antique Shops
o Other similar and complementary retail uses
c. Professional Services
o Travel Agencies
o Interior Design Shops
o Barbers and Beauty Shops
o Laundries, Dry Cleaning, Shoe Repair
o Tailors
d. Professional and Administrative Offices
o Dental Offices
o Attorney Offices
o Physician Offices
o Accountant Offices
e. Theaters
f. Art Galleries
Policy Number 2
Page 2 of 3
4-/ cO
2. Special Land Uses
The following land uses may be allowed with the approval of the Redevelopment Agency and
require the issuance of a Special Land Use Permit:
a. Artist Studios with residence
b. Day Care Center
c. Commercial juvenile recreation centers
d. Beer and wine bars, unless appurtenant to bonafide food service
e. Drive-through businesses (Subarea 3 only)
f. Bailbond Offices (Subarea 3 only)
g. Secondhand merchandise when accessory to new merchandise stores
3. Land Uses Not Allowed
The following land uses shall not be allowed within the Town Center I Redevelopment Project
Area:
a. Pawn shops
b Massage parlors, adult movie houses
c. Car washes
d. Self-service filling stations
e. Used car sales
f. Automobile and Motorcycle repair shops
g. Automobile body, fender, and paint shops
h. Tattoo Parlors
(rev.9-7-99)
4- (1
P'Jlicy Number 2
Page 3 of 3
ATTACHMENT E
MINUTES
SPECIAL MEETING
TOWN CENTRE PROJECT AREA COMMITTEE
CITY OF CHULA VISTA
Wednesday, October 24, 2001
8:15A.M.
Conference Room 3
Public Service Building, City Hail
1. ROLL CALL
Present: Chairperson Vignapiano, Members Money, Madsen, and Rossi
Absent: None
Also Present: Byron Estes, Xavier Del Valle, Pat Beard, Brian Hunter, Raymond Pe, Jack Blakely, Byron
Mantack, Jon H. Miller, Lisa Moctezuma
2. APPROVAL OF MINUTES from meeting of July 11, 2001 as corrected: under Redevelopment
Business: bullet #4 - shouid be "February 200f. is the anticipated opening date".
3. REDEVELOPMENT BUSINESS:
. Xavier Del Valle presented a final draft of the Town Centre Land Use Policy. The
presentation did not inciude the proposed entertainment district policy. He explained thatthe
purpose of the policy and matrix is to make it more consistent with the Redevelopment Plan
and make it more user-friendly for prospective investors, tenants and Chula Vista residents.
It also implements the vision of establishing downtown Chula Vista as the business,
entertainment, civic and cultural focal point of the City. The objectives are to eliminate blight,
strengthen mercantile posture of Town Centre, promote business retention, promote
expansion, attraction of capital and new business enterprises, beautification of the area, and
encourage higher density mixed-use projects. The permitted uses and controls are
consistent with the Redevelopment Plan. The Land Use Matrix illustrates permitted and non-
permitted iand uses, including land uses that require a special land use permit. It was
created to make it more user friendly to see what uses are permitted. The Redeveiopment
Agency has the authority to grant a variation from the restrictions and controls established by
a Plan.
. Staff has been asked to look at the possibility of allowing bail bond offices In the downtown
district. After researching, since it serves the community and provides a vital need, bail
bonds have been allowed with a special use permit. Currently, bail bond establishments are
only allowed In Subarea 3 (area between H and I Streets).
. Byron Estes reviewed the additions and/or changes to the Land Use Policy Matrix. A
discussion of the Matrix followed.
Chair Vlgnapiano suggested that the Bail Bond Office not be changed to a Speciai
Land Use on the Land Use Polley Matrix, but remain in Subarea 3 only. She is
concerned that the downtown will lose it's retail prominance.
Member Money'commented that although the vision for downtown is to have more
retail than businesses, it has not happened yet. He felt that the location for the Bail
Bond Office was a proper use of that location. This was also a good use because of
the ample amount of parking there which will not interfere with the parking structure.
Member Rossi commented that when a certain business is at a location and then
moves, usually the next business that occupies that area is the same kind of
business.
Member Money suggested that if there are to be restrictions on who can occupy
spaces in the area, then the City perhaps should have a master lease and then ,/ I 0
sublease to tenants which fit into the restrictions for that area. '-f-- (5
Jack Blakely said the DBA was concerned about allowing another office use in the
Minutes of Town Centre Project Area Committee
October 24, 2001
Page 2
area since they were trying to encourage retail and restaurant uses. If the bail bond
office is allowed at G Street and Third Avenue, there are concerns that other offices
will start opening and spread into the downtown area.
Jon Miller said that each applicant is approved on a case by case basis, so it
wouldn't necessarily mean that if one business was approved at a ce.rtain location,
that another similar business would automatically be approved across the street.
Excluding the Ball Bond Office use, the vote was 4-0 in favor of recommending to the
Redevelopment Agency approval of the Town Centre I Land Use Policy. They voted
2-2 to make no changes to the current land use polley regarding Bail Bond Office
uses. The current land use polley allows Bail Bond Offices with a Special Use
Permit only In Subarea 3 (Third Avenue between "H" and "I" Streets) of the
redevelopment project area. They voted 2-2 to allow Ball Bond Offices with a
Special Use Permit throughout the redevelopment area.
The Town Centre I Land Use Policy will now go before the Redevelopment Agency
for approval.
. Pat Beard announced that the Storefront Renovation Program is being expanded to a portion
of H Street in conjunction with the H Street Beautification Project. In reviewing the Third
Avenue Program, it was decided that the bids coming in on the projects are higher than
expected. More money will be needed. It is recommended that the grant program remain the
same, but the grant amounts will be,increased from $7,500 to $10,000 top value, for a fuli
facade. (This would be a 50% rebate up to $10,000). The sign program would be 30%
rebate up to $4,000 top value instead of $2,000. This wouid not be retroactive for the
applications already in. MSC (Money) 4-0.
4. PARKING ISSUES:
. None
5. CHAIRMAN'S COMMENTS:
. None
6. MEMBER COMMENTS:
. None
7. STAFF COMMENTS:
. None
8. ' PUBLIC COMMENTS:
. None
ADJOURNMENT at 9:15 a.m. to a special meeting scheduied on Wednesday, November 7,2001 at 8: 15 a.m.
in Conference Room 3.
JudiBell
Recorder
4 -/9
J:\COMMDEVlTCPAC\10-24-01 SPECIAL MTG MIN.DOC
PAGE 1, ITEM NO.:
MEETING DATE:
.5
01/15/02
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: PUBLIC HEARING: TO CONSIDER GRANTING A SPECIAL USE
PERMIT (SUPS-01-05) TO ALLOW THE DEVELOPMENT OF AN
AUTOMATIC CAR WASH AND LUBE CENTER AT 1616 THIRD
AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR
REVIEWED BY: EXECUTIVE DIRECTOR
4/5THS VOTE: YES D NO 0
Staff requests that this item be continued to the Redevelopment Agency meeting of February 5, 2002.
PAGE 1, ITEM NO.: G,
MEETING DATE: 01/22/02
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL LAND
USE PERMIT TO ALLOW A BAIL BOND OFFICE AT 397 THIRD
AVENUE, SUITE C.
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR
REVIEWED BY: EXECUTIVE DIRECTOR
4/5THS YOTE:
YESD N00
Staff requests that this item be continued to the Redevelopment Agency meeting of February 5. 2002.
PAGE 1, ITEM NO.: 7
MEETING DATE: 01/15/02
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: AGENCY RESOLUTION APPROVING AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH NORTH C.V. WATERFRONT LIMITED
PARTNERSHIP WITH RESPECT TO THE PROPOSED DEVELOPMENT
OF A RESIDENTIAL/MIXED USE PROJECT IN THE MIDBAYFRONT
SUBAREA OF THE BAYFRONT REDEVELOPMENT PROJECT AREA
SUBMITTED BY: COMMUNITY DEVELOP~ENT DIRECTOR L~ t-5
REVIEWED BY: EXECUTIVE DIRECTOR~il\'
4/5THS VOTE: YES D NO 0
BACKGROUND
In 2001, Pacifica Companies notified the City of Chula Vista that it had signed an option agreement
with Chula Vista Capital, the primary properly owner of the MidBayfront properly, for the purchase
and development of the approximate 97-acre site. Pacifica also indicated to the City its desire to
include in its develapment proposal additional lands, some of which are owned by the
Redevelopment Agency (Attachment A). Pacifica Companies created a design team consisting of
architectural, engineering, and environmental consultants, among athers, to develop a concept
master plan for the approximate 126-acre project site. The project proposes 5.8 million square feet
of high quality mixed use building area camprised primarily of residential units, some limited
commercial, up to three hotels, restaurants, recreation areas, and community center (Attachment B).
Pacifica Companies is a graup of diversified real estate companies with an extensive real estate
partfolio including hotels, office and industrial buildings, retail shopping centers, and residential
communities located throughout the United States. North C.V. Waterfrant L.P., a limited partnership
formed by principals of Pacifica Companies for development of the MidBayfront properly, has
requested an Exclusive Negotiating Agreement (ENA) with the Redevelopment Agency for two years,
with an optional six-month extension, to prepare plans, pursue entitlements, secure financing, and
negotiate a Dispasition and Development Agreement (DDA) for the project.
Staff is recommending that the Agency enter into the ENA due to the quality of the proposal and
development team, and its potential to eliminate blighting conditions in the Bayfront Redevelopment
Proiect Area by serving as a catalyst for development of the remainder of the Bayfront. The ENA is
attached as Attachment C.
RECOMMENDATION
That the Agency adopt the resolution approving the Exclusive Negatiating Agreement with North
C.V. Waterfront L.P. (Developer) for a period of two years, with an option for a six-month
extension, and direct staff to work with the Developer on preparation of project plans and a
Disposition and Development Agreement for development of the MidBayfront project site.
7 -I
PAGE 2, ITEM NO.:
MEETING DATE: 01/15/02
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
Proiect Site
The proposed project site is located west of Interstate 5 in the area commonly known as the
"MidBayfront." It is generally bounded by the Sweetwater Marsh National Wildlife Refuge to the
north, San Diego Bay to the west, and Lagoon Drive to the south. The property is accessible from
Bay Boulevard to the east, E Street to the north, and Lagoon Drive (F Street) to the south. The
property is regulated by the adopted Local Coastal Plan, which is implemented through the
Bayfront Specific Plan.
The approximate 126-acre area under consideration is currently vacant and consists of 17
parcels, including 6 parcels totaling approximately 12 acres owned by the Redevelopment
Agency and 1 parcel totaling 1.14 acres owned by the City of Chula Vista. Chula Vista Capital,
Goodrich, and SDG&E own the remaining parcels (Attachment A). The Developer has entered
into an option agreement with Chula Vista Capital for the purchase and development of land that
comprises nearly 80 percent of the proposed project site.
The project site comprises the MidBayfront subarea of the Bayfront Redevelopment Plan. In
1993, upon approval of the Local Coastal Plan, staff negotiated a development agreement for
100 acres of the MidBayfront site with the owner of the property at that time. However, after one
year of negotiations, the ownership of the property changed and the new owners expressed
concern over the financial viability of the proposed property. The owners ultimately indicated that
they would not proceed with the MidBayfront project as approved by the City and Coastal
Commission, but would seek alternative development proposals.
On November 10, 1998, the Agency/City entered into an ENA with Tuchscher Development
Enterprises, Inc. (TDE) for development of a mixed use project on the property commonly known
as Crystal Bay. TDE's option and ENA expired in the spring of 2000.
To date, no other alternatives have been presented to the City for review and the property
remains undeveloped.
Proiect Proposal
The Developer proposes construction of 5.8 million square feet of high quality mixed use building
area comprised primarily of residential units, some limited commercial, up to three hotels,
restaurants, recreation areas, and a community center. The photographs included in Attachment
D provide an indication of how the project is envisioned. The proposed master planned
development includes the following uses, although the project is subject to change either in the
negotiation of the DDA and/or during the entitlement process:
Residential: Approximately 3,400 residential units are planned within the project. There are
six product types anticipated, including single-family ecological housing ("eco-bungalows"),
7-:2...
PAGE 3, ITEM NO.:
MEETING DATE: 01/15/02
rental and condominium garden apartments (3-4 levels), mid-rise (5-7 levels) multi-family units,
high-rise (8+ levels) multi-family units, flats, rowhouses and town homes, ond mixed use
residential with retail/civic uses. The residential units are planned to be contained within multiple
buildings of varying heights, with a maximum height anticipated at 23 stories. The high-rise
towers are to be located within the interior of the project with the lower-level buildings located
toward the exterior. Building heights are planned to be "stepped back" from the Bayfront and
refuge on the west and north, from the F&G Street Marsh on the south, and from the eastern
boundary.
Commercial/Retail: Multiple community-serving retail areas (including limited office space)
comprising approximately 30,000 square feet will be provided within the project as mixed used
development with residential, civic and recreational use combinations. The commercial uses are
intended to provide retail opportunities for residents within the project and shall be of an area
that is supportable by the internal residential development.
Hotels/Restaurants: Two hotels located within close proximity to Interstate 5, ranging in
height up to 6 levels, and comprising approximately 600 rooms are anticipated. These hotels
shall be of the highest quality commensurate with expectation that they will establish the overall
project standards and expectations due to their strategic location at the project entry and their
anticipated development within the early phases of the Project. The feasibility of a high quality
and environmentally sensitive "resort"-type hotel will be analyzed for development within the
westerly portion of the project boundary. Incorporated within each of the hotels shall be high
quality meeting facilities designed for both internal and external users. Additional services
contemplated include banquet and room service, concierge, shuttle service to the airport and
convention center, and above-standard amenities.
Recreation: Approximately 30 percent of the site is proposed for open space, recreation and
limited park use. A synergistic relationship between the project, the Chula Vista Nature Center,
and the Sweetwater Marsh Refuge is anticipated. This relationship will include educational,
operational, and accessibility opportunities. The project shall accommodate access to the Nature
Center by providing a visible "gateway" to the Center, conveniently-located public parking, and
a coordinated trolley transport system. Pedestrian paths will connect with the nature trail system
along the Bayfront and refuge. The Project will also include an extensive and integral pedestrian
pathway system. A public bikeway system that connects north and south with the CalTrans
regional bikeway system will also be incorporated into the Project design.
Additional Project recreational facilities shall include, but not be limited to, tennis courts,
basketball courts, par course, picnicking areas, and a man-made basin (aqua promenade) for
water-oriented activities. The potential for an indoor, on-site active recreational facility will also
be analyzed and incorporated, as warranted. Off-site park opportunities will be explored as well
to meet the intent of the City's Park Acquisition and Development Ordinance and Requirements.
Parking: Sufficient and optimally-located parking shall be provided throughout the project to
accommodate owners, tenants, and non-residential visitors to the site.
7-...3
PAGE 4, ITEM NO.:
MEETING DATE: 01/15/02
In addition, the project proposes to enhance the F&G Street Marsh, address regulatory agency
requirements for enhancements to the Sweetwater Marsh National Wildlife Refuge, and work with
the Agency/City in proposing methods for relieving the Agency/City of ongoing operating costs
related to the Nature Center.
Potential Proiect Benefits
An estimated 6,200 residents are anticipated to reside in the high quality bayside village. The
provision of increased housing opportunities for middle and upper income residents are
anticipated to be a catalyst for the overall revitalization of Northwest Chula Vista. The project,
with its adjacency to Interstate 5, will enhance the City's image at its westerly entry, which will
benefit the entire community. The high-density, residential urban village is anticipated to balance
the commercial, office, and visitor-serving uses on the Port District's commercial property located
to the south of the project site. Access to the region's trolley system will provide an alternative
mode of transportation to both residents and visitors to the village.
The project proposes a number of recreational enhancements, as well as many benefits to the
Chula Vista Nature Center by providing a gateway to the Center and proposing mechanisms for
relieving the Agency/City of ongoing operating costs related to the Center. The project proposes
to provide Sweetwater Marsh Wildlife Refuge educational opportunities while minimizing impacts
to sensitive wetland areas
Proiect Processinq
The Developer anticipates submitting a complete application package to the City initiating the
entitlement process in early 2002. The Developer will pay for the consultants and non-
Community Development Department staff needed to process the project at full cost recovery.
There will be opportunities for public input throughout the entitlement process at public hearings
held for the Planning Commission and Redevelopment Agency/City Council. In addition, staff
will develop a public outreach program that will include focused public forums to allow for the
community to review and comment on the project as it develops. The Developer and Staff will
continue to obtain input from Goodrich Aerostructures and the San Diego Unified Port District
(the property owners to the south of the proposed project), and work with the developer of the
former City Corporation Yard, MTDB, CalTrans, and others to help ensure quality linkages with
development to the east of the property. Staff will also work closely with the California Coastal
Commission and other regulatory agencies involved in the review of the MidBayfront properties.
Development Time Frame
The proposed project will require at a minimum an Environmental Impact Report (EIR), General
Plan and Specific Plan amendments, Local Coastal Plan amendment and permit, and a Tentative
Map and Final Map. The targeted time frame to complete the City's review process is one year
from the time a complete application package is received by the City, pending the availability of
information and timeliness of the responses. An additional three months is estimated for the
California Coastal Commission's consideration of the Local Coastal Plan amendment. Upon
Coastal Commission approval, the Agency/Council may consider issuance of the coastal
development permit and map approvals.
1-'1-
PAGE 5, ITEM NO.:
MEETING DATE: 01/15/02
Exclusive Neqotiatinq Aqreement
The Developer has requested an ENA for 0 period of two years, with an optionol six-month
extension in order to continue negotiations with the Agency and other properly owners, prepare
plans, entitle the proiect, market the project, and secure financing. This is a typical time frame
for evaluating a project of this magnitude and to negotiate a DDA for actual site acquisition and
development. The time frame parallels that of the option agreement between the Developer and
Chula Vista Capital.
Approval of the ENA does not obligate the Agency/City to any project approvals or to sell, lease,
or exchange the Agency/City properly. Generally, the ENA establishes a period for exclusive
negotiations in order to:
1. Further define the project;
2. Determine project feasibility and marketability;
3. Determine the public benefit derived from the project;
4. Determine the need far the various Agency/City-owned parcels;
5. Assess the enviranmental impacts of the praject; and
6. If the Agency is satisfied with the above, to negotiate a mutually satisfactory DDA that
will contain the terms far site acquisition and development of the project.
In addition to the project description and the exclusivity and time period for negotiations, the ENA
specifies the rights and obligations of the Developer and the Agency, some of which are listed
below:
Developer's obligations include the following:
. Submit a cash deposit to cover the cost of certain Agency expenses during the term of the
ENA;
. Submit requested economic data, including project pro forma and cash flow analysis;
. Submit more defined master and phasing plans;
. Identify the anticipated type of acquisition financing;
. Identify anticipated sources of funding for development of the initial phase;
. Submit a market study demonstroting adequate project demand;
. Submit a preliminary engineering and probable cost analysis for the proposed "aqua
promenade"; and
. Work with the Agency/City to propose methods for relieving the Agency/City of ongoing
operating costs related to the Nature Center.
Agency's obligations include:
. Facilitate the required analysis for the project under CEQA;
. Assist in determining all on- and off-site public improvements and other fees that may be
required of the project;
. Provide information to the Developer on required traffic improvements and site design
Issues;
. Assist the Developer in establishing a schedule of all discretionary and ministerial permits;
. Determine the necessity for, and legal and financial feasibility of, transferring Agency
parcels to the developer; and
7-S-
PAGE 6, ITEM NO.:
MEETING DATE: 01/15/02
. Extend owner porticipation rights as required by law.
In addition, the ENA defines parameters for the development of the project, some of which
include:
1. Provide for exceptional architectural theme and design that establishes a strong
project identity;
2. Pravide for diversity of residential product types and signature elements;
3. Provide for high-quality retailers and restaurants that are compatible with the praject
theme and design;
4. Provide strang connections between the retail and residential components of the
project;
5. Include linkages and connections between key proiect components and with adjacent
properties, including pedestrian and vehicular circulation, view corridors, architecture,
design, streetscapes, and other planning elements;
6. Provide public view corridors from and adjacent to the project site;
7. Address regulatory agency requirements for enhancements to the Sweetwater National
Wildlife Refuge; and
8. Provide enhancements to the Chula Vista Nature Center.
Additional legal protections in the ENA include the following:
1. The ENA can be terminated by the Agency in the event of the termination or material
default under the option with Chula Vista Capital.
2. The ENA expressly states that Agency's unsolicited receipt and consideration of
alternative project proposals does not violate its exclusive negotiation obligation.
3. Developer's damages are limited to the Developer's cash deposits with the Agency
used on the cost of certain Agency expenses if the Agency is proven to have violated
its ENA obligations.
Summary
Staff recommends that the Agency approve the attached ENA with the C.V. Waterfront L.P. for a
period of two years with a six-month extension at the option of the Agency.
FISCAL IMPACT
During the ENA period, Agency staff time will be spent working with the Developer on the items
described in this report. In accordance with the ENA, the Developer will deposit $75,000 in
immediately available funds to be used by the Agency to conduct an analysis of the project to
further define the project; to determine project feasibility and marketability; to determine the
extent to which implementation of the project will result in public benefit; and to determine the
extent to which various parcels ore necessary for the project. Any deposit balance remaining
upon termination of the Agreement sholl be returned to the Developer. The Agency will be
responsible for Community Development staff time, City Attorney's office staff time, and Agency
outside redevelopment legal counsel.
7-ro
ATTACHMENTS
PAGE 7, ITEM NO.:
MEETING DATE: 01/15/02
A. MidBayfront Ownership Map
B. Draft Concept Master Plan
C. Draft Exclusive Negotiating Agreement
D. Representative Sketches
J,\COMMDEV\STAFF.REP\Ol-lS-02\AGENDA STATEMENT, ENA, l-lS-02.doc
7-1
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA APPROVING THE EXCLUSIVE NEGOTIATING
AGREEMENT WITH NORTH C.v. WATERFRONT L.P. FOR A
PERIOD OF TWO YEARS, WITH AN OPTION FOR A SIX-MONTH
EXTENSION, AND DIRECT STAFF TO WORK WITH THE
DEVELOPER ON PREPARATION OF PROJECT PLANS AND A
DISPOSITION AND DEVELOPMENT AGREEMENT FOR
DEVELOPMENT OF THE MIDBAYFRONT PROJECT SITE
WHEREAS, representatives of North C.v. Waterfront L.P. ("Developer") are proposing to
develop the MidBayfront property with a 5.8 million square foot high quality mixed use project
comprised primarily of residential units, limited commercial, up to three hotels, restaurants,
recreation areas, and community center; and
WHEREAS, the proposed project area is approximately 126 acres and is comprised of 17
parcels, including 6 parcels owned by the Redevelopment Agency and 1 parcel owned by the City of
Chula Vista; and
WHEREAS, the Developer has requested an Exclusive Negotiating Agreement (ENA) with
the Agency for two years, with an option for a six-month extension, in order to develop plans, pursue
entitlements, secure financing, and negotiate a Disposition and Development Agreement (DDA); and
WHEREAS, the Agency is willing to enter into an ENA due to the high quality of the proposal
and its potential to eliminate blighting conditions in the Bayfront Redevelopment Project Area by
serving as a catalyst for development of the remainder of the Bayfront; and
WHEREAS, the ENA, in compliance with State Law, provides for the extension of owner
participation rights to all property owners and tenants which are party to the ENA.
NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula
Vista does hereby (1) approve the Exclusive Negotiating Agreement subject to owner participation
rights with North C.v. Waterfront L.P. on the terms presented and authorize and direct the Chair to
execute the Agreement in a final form approved by the Agency Attorney, and (2) direct staff to
extend Owner Participation Rights in accordance with State law and the requirements of the
Bayfront Redevelopment Plan.
PRESENTED BY
APPROVED AS TO FORM BY
Chris Salomone
Director of Community Development
)
~
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J:\COMMDEV\RESOS\midbayfront ena.doc
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ATTACHMENT A
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ATTACHMENT C
EXCLUSIVE NEGOTIATING AGREEMENT
[MIDBAYFRONT PROPERTIES]
This EXCLUSIVE NEGOTIATING AGREEMENT [MIDBAYFRONT PROPERTIES] ("Agreement")
is entered into effective as of January 15, 2002, ("Effective Date") by and between the
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a political subdivision of the State of
California ("Agency"), and NORTH C.V. WATERFRONT L.P., a California limited partnership
("Developer"). with reference to the following facts:
A. Developer is proposing the development of a mixed use real estate project as more
particularly described in Section 2.2 hereof ("Project"). upon certain real property comprised of
approximately 126 acres of unimproved and improved real property located within the City of Chula
Vista, California, as more particularly described in Section 2.1 hereof ("Property").
B. Agency owns certain parcels comprising a portion of the Property ("Agency
Parcels") which Developer has indicated are necessary for the Project. Developer has executed an
option contract with Chula Vista Capital ("CVC") for the acquisition of CVe's portion of the
Property comprised of approximately 97 acres ("Option Agreement"). A copy of the Option
Agreement has been delivered to the Agency. The other parcels comprising the remainder of the
Property are owned by third parties, as more particularly described herein.
C. In order to facilitate the development of the Project on the Property, Developer and
Agency desire to enter into an exclusive negotiating agreement.
D. Due to the high quality nature of the Project, and its potential for eliminating
blighting conditions on and around the Property, Agency is willing to enter into such an
arrangement on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the above recitals, the mutual covenants contained
herein, and other good and valuable consideration, the parties hereby acknowledge as satisfactory,
AGENCY AND DEVELOPER HEREBY AGREE AS FOLLOWS:
1. NATURE OF AGREEMENT.
1.1 In General. The general purposes of this Agreement are to establish an exclusive
negotiation period during which the parties agree to attempt, in good faith: (a) to further define the
Project; (b) to determine Project feasibility and marketability; Ic) to determine the extent to which
implementation of the Project will result in public benefit; (d) to determine the extent to which the
various parcels herein described are necessary for the Project; (e) to assess the environmental
impacts of the Project, and (f) in the event the Agency staff makes a preliminary determination that
it is satisfied with the matters described in (a) through (e) above, to negotiate the terms and
conditions of a Disposition and Development Agreement ("DDA") which, at the Agency's sole
discretion, may be presented to the Agency Board/City Council for its consideration.
Notwithstanding the foregoing, Agency reserves the right to approve or reject a DDA, the Project,
or any disposition of the Agency property, as more particularly set forth in Section 4 of this
Agreement, below. This Agreement also establishes a framework for identifying and processing the
required land use entitlements for the Project.
1.2 Exclusivitv. During the term of the Agreement, Agency agrees not to solicit
alternative development proposals for the Property or to negotiate with any other person or entity
regarding the disposition or development of the Property. For purposes of this Section, "negotiate"
Page 1 of 1 g
H:\COMMDEV\LUKES\ENA-MidBayfront-( 1 ~ 10-02) .doc
C-f
shall mean to conduct communications or conferences of any kind with a view to reaching a
preliminary or final settlement or agreement with respect to the disposition or development of all or
any portion of the Property. Notwithstanding the foregoing, Developer acknowledges that (a) the
Agency may receive from time to time, unsolicited alternative proposais for the development of the
Property; and (b) Agency reserves the right to evaluate and factor in alternative proposals when
considering whether or not to approve, and/or the terms and conditions upon which to approve,
final agreements with Developer for the actual disposition and development of the Property.
Agency shall notify Developer within ten days after receiving an unsolicited alternative deveiopment
proposal for all or any portion of the Property. To the extent any non-Agency owned parcel(s) are
included as part of the Project, however, Agency reserves the right to extend owner participation
rights to the owner(s) of such parcel(s) and to consider owner participation development proposais
in accordance with the adopted Redevelopment Plan for the Bayfront Project Area. To the extent
an alternative owner participation proposal is accepted by the Agency, this Agreement shall
terminate with respect to the affected parcels owned by the third-party owner-participantls).
1.3 Term. The initial term of this Agreement shall commence as of the Effective Date
and, unless earlier terminated in accordance with the provisions hereof, shall terminate two years
after the Effective Date on January 15, 2004 (the "Initial Negotiation Period"). At the end of the
Initial Negotiation Period, the Executive Director, in his sole discretion on behalf of the Agency, is
authorized to extend the term of this Agreement for one additional 180 day period (the "Extended
Negotiation Period") provided that at the end of the Initial Negotiation Period, or the first Extended
Negotiation Period, as the case may be, the Agency has not exercised its right to terminate as
herein provided, the Developer is in full compliance with all terms and conditions hereof, the
Developer concurs with such extension of the negotiation period, and the Executive Director has
determined that there is a reasonable likelihood that the Developer will agree to terms and
conditions for the disposition of the Agency Parcels and development of the Project on the Property
which the Agency staff will be able to recommend to the Agency prior to the expiration of the
Extended Negotiation Period.
2. DESCRIPTION OF PROPERTY AND PROJECT.
2.1 Prooertv Descriotion. Unless additions or deletions are approved or required by the
Agency, for purposes of this Agreement, the parcels comprising the Property and each parcel's
approximate acreage shall be as follows:
2.1.1 Parcels Owned by Third Parties ("Third Party Parcels")
1. Common Name: Midbayfront
San Diego County Tax APN: 565-010-30, and 567-011-05
Current Ownership: Chula Vista Capital
Acreage: 96.57
2. Common Name: Chula Vista Bayfront Park
San Diego County Tax APN: 567-010-28
Current Ownership: Goodrich Aerostructures (Rohr Industries)
Acreage: 4.94
3. Common Name: SDG&E ROW
San Diego County Tax APN: 567-011-01, 565-010-12, 565-010-15
& portion of 565-010-08
Current Ownership: SDG&E
Acreage: 8.27
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4. Common Name: SD&AE ROW Coronado Branch
San Diego County Tax APN: 567-021-11,567-021-33 and a
portion of 565-290-39
Current Ownership: SD&AE
Acreage: 5.0
2.1.2 Parcels Owned by Agency ("Agency Parcels")
1. Common Name: Street Merziotis
San Diego County Tax APN: 565-310-09 and 565-310-25
Current Ownership: Redevelopment Agency of the City of Chula
Vista
Acreage: 4.96
2. Common Name: Marina Motor Hotel
San Diego County Tax APN: 567-011-04
Current Ownership: Redevelopment Agency of the City of Chula
Vista
Acreage: 1.0
3. Common Name: Cappos
San Diego County Tax APN: 567-010-18
Current Ownership: Redevelopment Agency of the City of Chula
Vista
Acreage: 2.01
4. Common Name: Shangri La
San Diego County Tax APN: 567-010-19
Current Ownership: Redevelopment Agency of the City of Chula
Vista/San Diego Unified Port District
Acreage: 2.73
5. Common Name: Lagoon Drive Parking Lot
San Diego County Tax APN: 567-021-32 and 567-021-35
Current Ownership: Redevelopment Agency of the City of Chula
Vista
Acreage: 1 .36
2.1.3 Shangri La Property
Developer acknowledges and agrees that the Agency owned property,
described in Section 2.1.2.4 above, commonly known as the "Shangri La'. property, is
currently in escrow for sale to the San Diego Unified Port District ("District"). Agency
agrees to solicit District consent for the inclusion of the Shangri La property in this
Agreement. In the event that the District fails to approve in writing the inclusion of the
Shangri La property within this Agreement within gO days after the Effective Date of this
Agreement; or in the event that the Shangri La property is transferred to the District, such
property shall be deleted from this Agreement and this Agreement shall have no force and
effect with respect thereto. In the event that the Shangri La property is so deleted from
this Agreement so long as this Agreement, or any similar agreement between Agency and
Developer is in effect, upon Developer's request the Agency agrees to cooperate with the
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Developer in discussions with the District regarding this disposition and/or development of
the Shangri La property in accordance with the Project plans described herein.
2.1.4 A map showing the parcels comprising the property is attached hereto as
Exhibit A.
2.2 Proiect Description. Unless otherwise approved or required by Agency, the
proposed Project shall consist of the following:
5.8 million square feet of high quality (interior and exterior) mixed use building area,
to include residences, retail/commercial uses, hotels and restaurants, recreation
areas, and a community center as follows:
Residential: Approximately 3,400 residential units are planned within the Project.
There are six product types anticipated, including single-family ecological housing
("eco-bungalows"), rental and condominium garden apartments (3-4 levels), mid-rise
(5-7 levelsl multi-family units, high-rise (8 + levels) multi-family units, flats,
rowhouses and townhomes, and mixed use residential with retail/civic uses.
The residential units are planned to be contained within multiple buildings of varying
heights, with a maximum height anticipated at 23 stories. The high-rise towers are
to be located within the interior of the Project with the lower-level buildings located
toward the exterior. Building heights are planned to be "stepped back" from the
Bayfront and refuge on the west and north, from the F&G Street Marsh on the
south, and from the eastern Project boundary.
Unit square footages and floor plans shall vary according to the product type with
the eco-bungalows, in particular, designed to be environmentally friendly. Ample
courtyards and open spaces with quality amenities will be provided between the
buildings to enhance public view corridors.
Commercial/Retail: Multiple community-serving retail areas (including limited office
space) comprising approximately 30,000 square feet will be provided within the
Project as mixed used development with residential, civic and recreational use
combinations. The commercial uses are intended to provide retail opportunities for
residents within the Project and shall be of an area that is supportable by the
internal residential development.
Hotels/Restaurants: Two hotels located within close proximity to Interstate 5,
ranging in height up to 6 levels, and comprising approximately 600 rooms are
anticipated. These hotels shall be of the highest quality commensurate with
expectation that they will establish the overall Project standards and expectations
due to their strategic location at the Project entry and their anticipated development
within the early phases of the Project. The feasibility of a high quality and
environmentally sensitive "resort" -type hotel will be analyzed for development within
the westerly portion of the Project boundary. Incorporated within each of the hotels
shall be high quality meeting facilities designed for both internal and external users.
Additional services contemplated include banquet and room service, concierge,
shuttle service to the airport and convention center, and above-standard amenities.
Recreation: Apprpximately 30 percent of the site is proposed for open space,
recreation, and limited park use. A synergistic relationship between the Project, the
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Chula Vista Nature Center, and the Sweetwater Marsh Refuge is anticipated. This
relationship will include educational, operational, and accessibility opportunities.
The Project shall accommodate access to the Nature Center by providing a visible
"gateway" to the Center, conveniently-located public parking, and a coordinated
trolley transport system. Pedestrian paths will connect with the nature trail system
along the Bayfront and refuge. The Project will also include an extensive and
integral pedestrian pathway system. A public bikeway system that connects north
and south with the CalTrans regionai bikeway system will also be incorporated into
the Project design.
Additional Project recreational facilities shall include, but not be limited to, tennis
courts, basketball courts, par course, picnicking areas, and a man-made basin (aqua
promenade) for water-oriented activities. The potential for an indoor, on-site active
recreational facility will also be analyzed and incorporated as warranted. Off-site
park opportunities will be explored as well to meet the intent of the City's Park
Acquisition and Development Ordinance and Requirements.
Parking: Sufficient and optimally-located parking shall be provided throughout the
Project to accommodate owners, tenants, and non-residential visitors to the site.
In addition, The Project shall, without limitation:
(1) Comply with any and all applicable, federal, state and local
laws, regulations, standards and policies including any
applicable standards for development in the Bayfront
Redevelopment Project Area Plan and any applicable
affordable housing requirements in the City's General Plan
Housing Element.
(2) Incorporate a design that minimizes, to the extent feasible,
the traffic circulation and parking impacts that the Project
can be expected to produce.
(3) Provide public view corridors from and adjacent to the
Project site.
(4) Provide a strong connection between the retail and
residential components of the Project.
(5) Provide for diversity of residential product types and
signature elements.
(6) Provide for exceptional architectural theme and design which
establishes a strong Project identity.
(7) Provide for high-quality retailers and restaurants that are
compatible with the Project theme and design.
(8) Include linkages and connections between key project
components and with adjacent properties including, without
limitation, pedestrian and vehicular circulation elements, view
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corridors, architecture, design, streetscapes and other
planning elements.
(91 Address regulatory agency requirements for enhancements to
the Sweetwater Marsh National Wildlife Refuge including trail
improvements, outlook points and maintenance of a refuge
buffer in a manner acceptable to the City.
(101 Provide Chula Vista Nature Center enhancements including
gate improvements, public parking, transit stops, and a
mechanism for ongoing support of Nature Center operations.
A preliminary concept plan for the Project is attached hereto as Exhibit B. Developer
acknowledges and agrees that Agency may require or impose additional material obligations on the
Project either in the negotiation of a DDA, or in the entitlements process. If Developer does not
agree to any such condition, Developer reserves the right to terminate this Agreement and not to
proceed with the Project. The Executive Director may require or approve minor modifications to the
proposed Project during the term hereof; material modifications to the Project must be approved by
the Agency Board.
3. DUTIES DURING NEGOTIATION PERIOD.
3.1 Develooer's Obliaations.
3.1.1 Immediately after the effective date of this Agreement, Developer shall meet
and confer with Agency staff to develop a mutually agreeable negotiation
and development schedule, and to agree upon the required forms of Project
plans, pro forma, marketing and feasibility studies, and evidence of financing
that are required by the Agency per the milestones set forth below.
3.1.2 Within ten (10) days after the Effective Date, Developer shall deposit with
Agency $75,000 in immediately available funds (the "ENA Deposit") to be
utilized by Agency to conduct the Project analysis described in Section
1 .1 (a)-(dl hereof. Concurrently, Agency shall provide Developer with a
preliminary budget for Agency's completion of such analysis. Agency shall
have the right to draw down on the ENA Deposit as necessary to pay third
party consultants, City staff time (at applicable full cost recovery rates), and
other reasonable costs incurred by the Agency in conducting such analysis.
Agency shall provide Developer with quarterly reports that contain a
description of the analysis accomplished and the amount of the draws that
occurred during the quarter. Additional deposits may be requested if the
initial deposit is exhausted. Any deposit balance remaining upon the
termination of the Agreement shall be returned to Developer.
Notwithstanding the foregoing, the Agency shall be responsible for
Community Development staff time, City Attorney's office staff time, and
Agency outside legal counsel fees (except as provided in Section
3.3.2,below).
3.1.3 Within 60 days after the Effective Date, Developer shall provide the Agency
with a preliminary Master and Phasing Plan for the entire Project: and
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3.1.4 Within 120 days after the Effective Date, Developer shall provide the
Agency with:
(a) requested economic data including, but not limited to, project pro
forma and cash flow analysis for the Project;
(b) anticipated type of acquisition financing for the project;
Ic) anticipated sources of funding for the development of the Project's
initial phases including the first significant phase of residential
development; and
(d) a market study demonstrating adequate demand for residential units
at various price points and product types, and the projected
demographics of projected purchasers.
(e) preliminary engineering and probable cost analysis for the Project's
proposed "Aqua Promenade".
3.1.5 Within 120 days after the Effective Date, Developer shall work with
Agency/City and propose methods for relieving the Agency/City of ongoing
operating costs related to the Nature Center.
3.1.6 Prior to the start of the public review period for the Draft Environmental
Impact Report for the Project, Developer shall provide the Agency with an
updated Master and Phasing Plan for the entire Project.
3.1.7 Throughout the Negotiation Period, the Developer shall make periodic oral
and written progress reports to the Agency on all matters requested by the
Agency. As Agency deems necessary or appropriate, presentations may be
requested at public forums to solicit input from citizens, businesses,
stakeholders and relevant interest groups.
3.2 Aaencv Obliaations.
a. The Agency shall coordinate the CEQA process and prepare, or cause the
preparation of all required CEQA documents at Developer's cost. Developer
shall submit technical reports and other materials to Agency that may, in the
Agency's discretion, be used by Agency in preparing the required CEQA
documents. With Developer's cooperation, Agency shall use its best efforts
to select and retain an outside consultant to prepare the required CEQA
documents prior to January 31, 2002.
b. Agency shall determine the necessity for, as well as legal and financial
feasibility of, the transfer of the Agency Parcels to the Developer.
c. The Agency shall work with the Developer to determine all on-site and off-
site public improvements (both traffic and non-traffic) as well as all fees and
other exactions required to implement the Project, and assess the need for a
public facilities financing plan.
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d. Agency staff shall meet with representatives of the Developer to provide
information on required traffic improvements and site design issues.
e. The Agency shall assist the Developer in estabiishing and periodically
updating a schedule of all discretionary and ministerial permits, reviews and
approvals required to implement the Project.
1. The Agency shall extend owner participation rights as required by law.
3.3 Entitlement Processino
3.3.1 Developer is authorized to submit an application for land use entitlements
with respect to the development of the Property with the Project. Agency
shall process Developer's application in accordance with existing Agency
and City policies. The entitlement process will address all applicable land
use issues including, without iimitation, affordabie housing requirements,
schools, parks, transit, public facility/open space financing, sensitive habitat,
etc. In addition to the monies required for Project analysis under Section
3.1.1, above, Developer shall be responsibie for payment of all standard City
entitlement processing fees.
3.3.2 It shall be the responsibility of the Developer, after early consultation with
the Agency as the lead agency, to fund the preparation of appropriate
environmental document(s) that will analyze the environmental impacts of
the Project in compliance with the California Environmental Quality Act
(CEQA) and all of its provisions, including, without limitation, the cost of
outside environmental and legal consultants. The Developer shall initiate
early coordination with the City of Chula Vista and appropriate agencies in
order to determine the type of environmental document an action requires,
the scope of the document, the level of analysis, and related environmental
requirements. Deveioper shall provide all necessary information, technical
reports, funds and agreements necessary to complete the required CEQA
process for the Project prior to or concurrent with any proposed adoption of
a DDA or entitlements for the Project.
3.3.3 If necessary to meet the agreed upon development schedule, Agency shall
retain, at Developer's expense, an outside engineering consultant to expedite
review of preliminary engineering and grading submittals for the Project.
3.4 Terms and Conditions for a DDA
Upon Agency staff's preliminary approval of Project concept plans, feasibility, marketability
and pubiic benefit, Agency staff and Developer shall in good faith attempt to negotiate the terms
and conditions of a DDA. If the terms of a DDA can be negotiated at a staff level, Agency staff
shall present same to the Agency Board for its review and consideration. Any negotiated DDA
shall, among other things, contain and not be inconsistent with, the terms and conditions set forth
herein below.
a. Disposition of the Aoencv Owned Parcels.
The Agency shall convey to Developer the Agency Parcels that are
necessary for the Project, and the Developer shall acquire the Agency
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Parcels on such terms as may be agreed upon by the Developer and Agency.
The Agency Parcels shall be transferred in an "AS IS" condition with no
representations and warranties as to its physical condition or its suitability
for Developer's intended use. Agency will agree to provide Developer with
all information in its possession regarding the physical condition of the
Agency Parcels and provide Developer with reasonable access to the Agency
Parcels and permission to engage in reasonable environmental and
engineering testing on the Agency parcels subject to Developer's indemnity
obligation set forth in Section 3.4, below. The purchase price, rental and/or
other consideration will be based upon such factors as market conditions,
scope of development, cost of development, risks incurred, environmental
remediation, estimated or actual profit, estimated or actual rates and charges
for the facilities to be developed, public purpose, and other matters relevant
to establishing the fair market value for the uses permitted to be developed
thereon.
b. Developer Acauisition of Propertv.
The Developer shall own or acquire control of all parcels comprising
the Property, in such a way and at such times as to permit the development
of the Project. In the event after good faith best efforts, Developer has been
unable to acquire one or more parcels necessary for the development of the
Project, the Agency, after exercising its own best efforts to voluntarily
acquire such parcels, may agree to schedule and deliberate upon the
acquisition of all or some of the non-Agency owned parcels in the Property
by the exercise of eminent domain. Nothing herein shall obligate the Agency
to exercise eminent domain except as it deems consistent with the public
interest and the requirements of the law. Agency shall retain full discretion
to reject the use of eminent domain as it deems appropriate and consistent
with the public interest.
c. Develooment of the Proiect.
The Developer shall develop the Property with the Project, or a
reasonably similar variant of the Project as approved by the Agency
Board/City Council in accordance with an agreed upon phasing plan and
schedule.
d. Securitv for Developer's Performance.
Developer shall provide security for its performance under the DDA.
Security measures may include one or more of the following: (1) a
conveyance of a conditionally defeasible fee title with right of reverter; (2) a
performance trust deed; and/or (3) guarantees, bonds, letters of credit, cash
deposits or other similar instruments. Any such measures shall take into
consideration any Project lender's need to be secured and, prior to Agency's
exercise of its enforcement rights, shall give such lender adequate notice
and an opportunity to cure any Developer defaults.
e. Aaencv shall have approval riahts for certain ooerators. users,
tenants.
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Agency shall have reasonable approval rights for the operator of the
hotels in the Project. Specific standards and the process for approval shall
be negotiated by the parties.
f. Economic Risk.
Except as expressly agreed to by the Agency/City in the DDA,
Developer shall absorb all economic risks and costs associated with the
acquisition of the Property and the completion of the Project.
g. Approval of Merchant Builder!s) and Lender!sl.
Agency shall have reasonable approval rights over any merchant
builder(s) and construction and permanent lender!s) for the Project. Specific
standards and the process for obtaining Agency approval shall be negotiated
by the parties.
h. Restrictions Aqainst Discrimination.
The DDA shall contain the constraints against discrimination in the
form and manner required by state redevelopment law.
i. Assianment.
Developer's rights and obligations under the DDA shall not be
assignable without Agency approval. Specific standards and the process for
obtaining Agency approval shall be negotiated by the parties.
j. Indemnitv.
Developer shall indemnify, protect, defend, and hold harmless
Agency, its elected officials, employees and agents against !al any and all
challengers to the DDA, the Project, or the related entitlements, and (b) any
losses, damages, liabilities, costs (including attorneys fees or court costsl or
claims therefore arising, directly or indirectly, from actions, errors or
omissions of Developer, Developer's employee's or agents in connection
with Developer's processing, development, financing, transfer or operation
of the Project, except to the extent caused by Agency's sole negligence or
sole willful misconduct. Developer.s obligation under this Section shall
survive the termination of the DDA.
k. Restrictions on Soeculation and Excess Profit Takinq.
In accordance with California Health and Safety Code Section 3437,
the DDA shall include appropriate covenants and restrictions that the
Agency believes necessary to prevent speculation or excess profit taking.
I. Qoeratinq Covenants and Restrictions.
The parties shall negotiate appropriate operating covenants and
restrictions designed to assure the long-term existence and success of the
Project.
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3.4.1 No Pre-Commitment.
The inclusion of the basic DDA terms set forth above shall not be deemed to be
acceptance of such items by either party until such time as the Agency may approve, and
the parties execute a DDA.
3.4.2 Rioht to Neootiate for Cost Subsidv.
Developer reserves the right to request Agency consideration of a Project
subsidy to the extent necessary for the redevelopment of the Property. Agency reserves
the right to approve or disapprove such a request in its sole discretion in accordance with
applicable redevelopment laws.
4. RETENTION OF DISCRETION TO APPROVE THE PROJECT AND DDA
It is anticipated that the Project and the DDA providing for its implementation will be
presented to Agency Board for approval. The Parties understand that the Agency is reserving the
right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise
its discretion, including, but not limited to the following:
4.1 Approval bv the Aoencv of the final Proiect as contained in the DDA. The parties
understand that the Agency has the complete and unfettered discretion to reject the DDA without
explanation or cause. The risk of loss of all processing, design and developmental costs incurred by
the Developer prior to DDA approval shall be absorbed entirely by Developer except unless
expressly assumed, by the terms of this Agreement, by the Agency.
4.2 Review and approval bv the Aoencv of all discretionarv findinos and conclusions.
The duty of the Agency to dispose of the parcels comprising the Property shall be conditioned upon
the successful review and approval of all necessary findings and conclusions which the Agency
board is required to make, including all necessary findings and determinations required under CEQA,
state and local land use provisions and the Redevelopment Act. As to any matter which the
Agency may be required to exercise its unfettered discretion in advancing the Project to completion,
nothing herein, nor to be contained in the DDA shall obligate the Agency to exercise its discretion in
any particular manner, and any exercise of discretion reserved hereunder or required by law, shall
not be deemed to constitute a breach of Agency duties under this agreement.
5. TERMINATION RIGHTS
Notwithstanding the nominal Initial or Extended Negotiating Periods hereinabove set forth,
either party may terminate this Agreement if the other party has materially defaulted in its
obligations herein set forth, and the terminating party has provided defaulting party with written
notification of such determination, and the defaulting party has refused to cure same. The written
notification shall set forth the nature of the actions required to cure such default if curable.
Defaulting party shall have 30 days from the date of the written notification to cure such default. If
such default is not cured within the 30 day, the termination shall be deemed effective. For
purposes of this paragraph, the parties hereby acknowledge that time is of the essence. Each party
shall also have the right to terminate this Agreement in the event that Agency or Developer
determines that (a) the Project is infeasible or not in the public interest; or (b) the parties reach an
impasse in their negotiation of the DDA which cannot be resolved after good faith efforts. Agency
also has the right to terminate this Agreement, in its sole discretion, upon the termination of
Developer's Option Agreement with CVC, or the determination by CVC that Developer is in material
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default under the Option Agreement; provided, however, that prior to exercising its termination right
based on a CVC determination of material default under the Option Agreement, City shall first
notify Developer in writing of eve's determination and shall suspend this Agreement for a period of
sixty days. If after the expiration of such 60-day period CVC has not withdrawn its determination
of material default. this Agreement shall terminate effective as of the date of City's first notice of
CVC's material default determination.
6. ADDITIONAL TERMS AND OBLIGATIONS
6.1 No Comoetina Develooment.
Developer shall not commence the construction of any parcels comprising the Property
owned or controlled by the Developer until this Agreement has been properly terminated according
to its terms or the Agency/City has approved the Project.
6.2 AQencv RiQht to Acquire Developer Acquired Parcels.
If Developer shall have acquired any part of the Property not owned by or under contract with
Developer as of the Effective Date, and this Agreement is properly terminated without an approved
DDA, the Agency shall have the option, notice of exercise of which is to be given within 120 days
after receipt of written notice of termination, to acquire such parcels for the actual cost incurred by
Developer in its acquisition. Such costs shall include, but not be limited to, reasonable third party
fees incurred in the acquisition, reasonable carrying costs, and a reasonable charge for time spent
on the acquisition by Developer representatives prior to the sale to the Agency.
6.3 Developer's FindinQs. Determinations. Studies. Reports. and FinancinQ.
As requested by the Agency, from time to time, the Developer agrees to make periodic oral
progress reports and periodic written reports advising the Agency on all matters and all studies
being made to the extent that they do not include confidential matters. All such matters shall be
deemed to be the joint property of Agency and Developer, and may be used by either party without
reimbursement to the other. Notwithstanding the foregoing, in the event that the Agency enters
into an agreement for the redevelopment of the Property within one year after the termination of
this Agreement for a reason other than Developer's default hereunder, and such an agreement is
with a developer that presented an unsolicited Property development proposal during the term
hereof, Developer shall be entitled to reimbursement of its out-of-pocket costs incurred with respect
to those studies and reports that it provided to the Agency and are utilized by the subsequent
developer for development of the Property.
6.4 Preliminarv AQreement.
If the negotiations culminate in a preliminary agreement between the Staff and Developer as
to the terms for a DDA ("Preliminary Agreement"). upon its execution by Developer, such an
agreement shall be deemed to be an irrevocable offer to the Agency to contract on the terms of the
Preliminary Agreement for a period therein provided for, but at least 30 days, but shall not become
obligatory upon the Agency or become effective until after the agreement has been considered and
approved by the Agency after such public hearings and such procedures as are prescribed by law.
6.5 Real Estate Commissions.
Neither the Agency or Developer shall be liable for any real estate commission or brokerage
fees which may arise here from. The Agency and Developer represent that they have engaged no
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broker, agent or finder separately in connection with this transaction and each party agrees to
indemnify, hold harmless and defend the other against claims for commissions or fees made
through such party.
6.6 Each Party to Bear its Own Cost.
Each party shall bear its own costs incurred in connection with the negotiation of a DDA,
and the implementation of this Agreement, except as otherwise expressly provided herein or
expressly agreed in writing.
6.7 Confidentialitv.
Developer acknowledges and agrees that Agency is a public entity with a responsibility and,
in many cases, legal obligation to conduct its business in a manner open and available to the public.
Accordingly, any information provided by Developer to Agency with respect to the Property, the
Project or Developer may be disclosed to the public either purposely, inadvertently, or as a result of
a public demand or order. With respect to any information provided that Developer reasonably
deems and identifies in writing as proprietary and confidential in nature, Agency agrees to exercise
its best efforts to keep such information confidential. Upon Developer's request, Agency agrees to
negotiate the terms for a Confidentiality Agreement with respect to such information.
7. NO PRE-COMMITMENT
By its execution of this Agreement, the Agency is not committing itself or agreeing to
undertake any activity requiring the subsequent exercise of discretion by the Agency. or any
department thereof including, but not limited to, the approval and execution of a DDA; the
proposal, amendment, or approval of any land use regulation governing the Property; the provision
of financial assistance for the development of any public or private interest in real property; the
authorization or obligation to use the Agency's eminent domain authority; or, any other such
activity.
This Agreement does not constitute a disposition of property or exercise of control over
property by the Agency and does not require a public hearing. Agency execution of this agreement
is merely an agreement to enter into a period of exclusive negotiations according to the terms
hereof, reserving final discretion and approval by the Agency as to any proposed DDA and all
proceedings and decisions in connection therewith.
B, GENERAL PROVISIONS
8.1 Address for Notice.
Developer's Address for Notice:
Pacifica Companies, Inc.
1785 Hancock Street, Suite 100
San Diego, CA 92110
Attn: Deepak Israni
Richard Campbell
Telephone: (619) 296-9000
Fax: (619) 296-9090
Page 13 of 19
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Latham & Watkins
701 "B" Street, Suite 2100
Attn: Allen Haynie
Telephone: (619) 238-2835
Fax: (6191 696-7419
Agency's Address for Notice:
Redevelopment Agency of the City of Chula Vista
Community Development Department
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Chris Salomone, Community Development Director
Leisa Lukes, Principal Community Development Specialist
Telephone: (619) 691-5047
Fax: (619) 476-5310
Copy to: Glen Googins, Assistant City Attorney
8.2 Authoritv.
Each party represents that it has full right, power and authority to execute this Agreement
and to perform its obligations hereunder, without the need for any further action under its governing
instruments, and the parties executing this Agreement on the behalf of such party are duly
authorized agents with authority to do so.
8.3 Counterparts.
This Agreement may be executed in multiple copies, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each party ahs signed such a
counterpart.
8.4 Entire Aqreement.
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 prior or contemporaneous agreements, understandings,
representations, warranties and statements, oral or written, are superseded.
8.5 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.
8.6 No Third Partv Beneficiaries.
There are no other parties to this Agreement, express or implied, direct or indirect. The
Agency and Developer acknowledge that it is not their intent to create any third party beneficiaries
to this Agreement.
8.7 Exclusive Remedies.
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Page 14 of 19
Termination of the Agreement pursuant to Section 5 above and the limited monetary
damages remedy set forth herein, below, shall be the sole and exclusive remedies of a non-
defaulting party with respect to any default hereunder, and neither party shall be liable to the other
party for additional losses or damages suffered by the other party as a result thereof. Without
limiting the foregoing, in no event shall either party or its respective officers, directors, partners,
shareholders, agents or employees be liable to the other party hereunder for special, indirect,
consequential, punitive or exemplary damages of any nature or kind whatsoever except as
expressly provided herein, including loss of profits or revenue, lost business opportunity, lost
contracts or loss of use, and each party hereby releases the other therefrom. The parties intend
that the waivers and disclaimers of liability, releases from liability, limitations of liability, and
exclusive remedy provisions expressed in this Section shall apply, whether in contract, tort or
otherwise, even in the event of the fault, negligence (in whole or in partl, strict liability or breach of
contract of the party released or whose liability is waived, disclaimed, limited or fixed by such
exclusive remedy provision, and shall extend to such party's affiliates and contractors, and to its
and their partners, shareholders, directors, officers, employees and agents. The parties also intend
and agree that such provisions shall continue in full force and effect notwithstanding the expiration
or earlier termination of the Agreement. Notwithstanding the foregoing, in the event of a default,
the non-defaulting party reserves the right to pursue the other for monetary damages in an amount
limited to the following: (11 In the event of a default by the Agency, Developer's monetary damages
shall be limited to the amount of the ENA Deposit (as it may be increased by additional Developer
deposits) expended by the Agency as provided in Section 3.1.2 hereof. (2) In the event of a default
by Developer, Agency's monetary damages shall be limited to the amounts expended on outside
consultants in connection with the Project that were not funded by Developer in an amount not to
exceed $150,000.
8.8 lndemnitv.
Developer shall indemnify, protect, defend and hold harmless Agency, its elected officials,
employees and agents from and against any and all challenges to this Agreement, or any and all
losses, liabilities, damages, claims or costs (including attorneys' fees) arising from Developer's
negligent acts, errors, or omissions with respect its obligations hereunder or the Property, excluding
any such losses arising from the sole negligence or sole willful misconduct of the Agency. This
indemnity obligation shall survive the termination of this Agreement. Notwithstanding the
foregoing, in the event of a third party challenge to the validity of this Agreement, Developer shall
have the option to terminate this Agreement in lieu of its indemnity obligation.
8.9 AssiQnment.
Agency would not have entered into this Agreement but for Developer's unique
qualifications and experience. Therefore, Developer's rights and obligations under this Agreement
may not be assigned without the prior written approval of the Agency in its sole discretion.
Notwithstanding the foregoing, subject to the reasonable prior written approval of the Executive
Director, Developer may assign its rights hereunder to a new entity comprised of the Developer for
purposes of developing the Project. Such new entity may include additional parties provided that a
Pacific Companies, Inc. affiliate retains responsibility for fulfilling its obligations hereunder, and
Developer retains material management control and authority over the entity and the Project.
8.10 Time is of the Essence.
Time is of the essence for each of Developer's obligations under this Agreement
8.11 Access.
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C-IS-
Page 1 5 of 1 9
During the term of this Agreement, Developer shall have reasonable access to the Agency
Parcels and permission to engage in reasonable environmental and engineering testing thereon,
subject to Developer's indemnity obligations set forth in Section 8.8 hereof, above, and the
obligation to restore the property to its original condition within 30 days after the termination of
this Agreement in the event a DDA is not approved for the Project. Developer shall be solely
responsible for obtaining permission to access any Third-Party Parcels comprising the Property.
[ NEXT PAGE IS SIGNATURE PAGE]
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Page 1 6 of 1 9
SIGNATURE PAGE
TO
EXCLUSIVE NEGOTIATING AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth
above, thereby indicating the consent of their principals.
REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA
NORTH C.V. WATERFRONT L.P.
a California Limited Partnership
By:
Shirley Horton
Chair
By
Deepak Israni, General Partner
CITY OF CHULA VISTA
By:
Shirley Horton
Mayor
Approved as to form:
By:
John M. Kaheny
Agency Attorney I City Attorney
Date:
Approved as to content:
By:
Chris Salomone
Executive Secretary I
Community Development Director
Date:
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CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: CONSIDER A SERIES OF AMENDMENTS TO MUNICIPAL CODE
CHAPTER 9.50
ORDINANCE AMENDING CHAPTER 9.50 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO MOBILEHOME PARK
SPACE RENT REVIEW
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L~ ~ ~
~2~
REVIEWED BY: CITY MANAGER (p ,,~;V
4/5THS YOTE: YES D NO 0
BACKGROUND
Chapter 9.50 of the City's Municipal Code (Mobilehome Space Rent Review Ordinance) was first
enacted in May 1982 as a process for the negotiation and mediation of rent increases for
mobilehome communities. In 1989, Chapter 9.50 was amended to include a process for rent
review upon change of ownership of mobilehomes that were to remain within the park. The
Chapter also established the Mobilehome Rent Review Commission (the "Commission") to act as
a due process body for rent disputes and advise Council on mobilehome issues.
As a result of the City's concerns regarding difficulties in implementing and administering
Chapter 9.50 ("Ordinance") of the City's Municipal Code, increasing housing costs, and the
general safety and welfare of residents of mobilehome communities, Council member Padilla
initiated ongoing discussions with representatives of mobilehome park residents and park owners
to address these issues and concerns. With the assistance of staff and outside legal counsel,
Council member Padilla has been working over the past few years on revisions to the Ordinance.
Upon further review, staff found it necessary to recommend additional revisions to provide clearer
direction and definitions and consistency with State Mobilehome Residency law. To address these
issues, the attached amendments are proposed to the Ordinance (see Exhibit 1). with a detailed
summary attached as Exhibit 2.
RECOMMENDATION
It is recommended that the City Council place on first reading and adopt the ordinance.
BOARDS/COMMISSIONS RECOMMENDATION
The proposed changes to Municipal Code Chapter 9.50 are related to policy direction and
therefore, such changes require consideration first by the City Council. The role of the
Mobilehome Rent Review Commission is to implement this Chapter by reviewing space rent
increases in excess of the Consumer Price Index. The Commission members have been apprised
of City staff's efforts to amend Chapter 9.50.
8-1
PAGE 2, ITEM NO.:
MEETING DATE: 01/15/02
DISCUSSION
Current Ordinance
The purpose of Chapter 9.50 is ta provide protection of mobilehome/trailer park residents and to
maintain this supply of housing. The Council made the determination that the supply of
mobilehome communities was not adequate to meet the demand and rents for mobilehome
spaces were rising. Furthermore, residents of mobilehome communities are largely incapable of
moving their homes without suffering a great cost to move, loss of value and loss of resale value.
In the absence of regulations, the City would face an inadequate supply of mobilehome
opportunities.
The Ordinance provides a mechanism for the resolution of disputed increases in space rent. It is
applicable to the following:
. Leases less than one year (i.e. month to month);
. Existing mobilehome residents; and,
. New/Incoming residents.
Park owners are allowed annual rent increases. If such rent increases ore equal to or less than
the applicable change in the Consumer Price Index (CPI), the rent increase goes into effect within
90 days of such notice to the residents. Such rent increases are considered automatic, with no
right of review by the Commission and are referred to as the "annual permissive rent increase".
If the proposed rent increase for existing mobilehome residents or new incoming residents is
greater than the applicable CPI, the park owner must follow the specified noticing procedure.
Those affected park residents have the right to file for a review of such rent increase before the
Commission if they so chose. The City does not prohibit rent increases in excess of the CPI; such
increases ore simply not automatic.
The City encourages the voluntary settlement of rent disputes and requires a meeting between
park owner and affected residents within 10 days after having served the notice. If no voluntary
agreement is reached, affected residents may file for a hearing before the Commission to review
the appropriateness of the requested rent increase.
In considering rent increases in excess of the CPI, the Commission considers cost and value
based factors, as stipulated in Chapter 9.50. These factors include, but are not limited to, a fair
and reasonable return, rents for comparable spaces in the South Bay, quantity and quality of
improvements and features at the park and quantity and quality of services offered. The
Commission upon hearing all testimony and evidence can then fix the space rent no less than the
pre-existing rent and no higher than the rent increase specified in the written notice of rent
Increase.
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PAGE 3, ITEM NO.:
MEETING DATE: 01/15/02
Proposed Revisions
The major revisions to Chapter 9.50 include the following:
. Annual Permissive Rent Increase
Revising the annual automatic increase of rents to 100% of the change in the CPI when the
CPI is 3% or less; and 75% of that percentage change in the CPI above 3%. Currently, park
owners are allowed to increase rents up to a maximum of 100 percent of the change in CPI.
IFor exampl~
Current CPI = 5.7%. Base Rent = $400 per month.
Current Annual Permissive Rent Increase = Base Rent x (1 + CPI%)
=$400 x (1 + 5.7%) = $400 x 1.057 = $422.80 new monthlv rent
Proposed Annual Permissive Rent Increase = Base Rent x (1 + (3% + (CPI-3% x 75%)))
= $400 x (1 + (3% + (5.7% - 3% x75%))) = $400 x (1 + (3% + 2.025%))
= $400 x 1.0525 = $ 420.10 new monthlv rent
As depicted in the CPI, the cost of living in San Diego County has significantly increased in
the last year. In the last ten years, the CPI has averaged 3.1 percent. The change in the CPI
increased 64 percent from 3.5 percent in 1999 to 5.75 percent in 2000. Continuing to allow
rent increases of 100 percent of the CPJ when the CPI is high may result in a financial burden
to many park residents.
In general, mobilehome/trailer parks have costs of operation that are considerably less than
total gross income. Of the 94 California jurisdictions with some form of mobilehome rent
stabilization, 43 percent or 40 jurisdictions use 75 percent or less of the CPI as the standard
for automatic rent increases. Additionally, 21 of these 40 jurisdictions tie their permissive
rent adjustment to a maximum. For example, the rent is adjusted by the lesser of 75 percent
of the CPI or a 5 percent rent increase. Therefore, staff believes that limiting the annual
permissive rent increase to 100% of the change in the CPI when the CPI is 3% or less and
75% of that percentage change in the CPI above 3% is sufficient to enable
mobilehome/trailer park owners to maintain fair, just, and reasonable rents.
. Compliance with Code Requirements
More than half of the 32 mobilehome/trailer parks in the City were built prior to 1960, with
four of those parks built in the 1940's. The last mobilehome community was built in 1972
(Otay Lakes Lodge).
A drive through of the City's mobilehome/trailer parks conducted by staff suggests that many
of the older parks have units that are deteriorating and have constructed illegal additions.
Staff is also concerned with the viability of the infrastructure of many of these older parks.
City records indicate that the infrastructure systems in these parks have not been upgraded.
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PAGE 4, ITEM NO.:
MEETING DATE: 01/15/02
Currently, park owners can increase their rents on an annual basis up to 100 percent of the
CPI even when the state of the park has deteriarated to a level where the park presents
seriaus risks to the health, safety, and welfare of the residents. To ensure that park residents
are receiving a fair return on their rental dollar, staff is proposing to link the physical
condition of a park to those rent increases in excess of the CPI.
At such time a park owner chooses to raise rents in excess of the annual permissive rent
increase, the City would conduct a physical inspection of the mobilehome/trailer park and
shall attempt to resolve code violations, if any, prior to the implementation of such rent
increase. The inspection will only be triggered by that rent increase in excess of the CPI given
to all or a majority of the existing park residents and will not apply to such rent increases for
individual spaces upon change of ownership of the mobilehome. Such inspection would be
based on Appendix One of the proposed Ordinance. Appendix One is a specific and narrow
list of code violations which may create a serious health, safety and welfare hazard to the
occupants of the park. If an inspection for compliance with Title 25 of the State was
completed within the previous six-month period, such inspection shall be used in reviewing
the rent increase.
A process for the review of such complaints and curing of any justified violations is proposed.
The Mobilehome Rent Review Commission would have the ability to deny, in whole or in part,
the rent increase in excess of the annual permissive based upon the nature or seriousness of
the code violations should the park owner be unable to cure such violations within a timely
manner.
The proposed revisions provide an economic incentive to park owners to maintain at least a
minimum level of health and safety in compliance with the law.
In addition, staff will resume its State of California Title 25 comprehensive inspection
program for mobilehome/trailer parks administered by the Planning and Building
Department. The City's ability to conduct periodic inspections of mobilehome parks under
this program has been restricted due to State imposed limitations on charging appropriate
inspection fees. The City Council and the City's Redevelopment Agency is being asked this
evening to consider directing staff to implement a proactive code enforcement program for
mobilehomes and providing an additional building inspector/code enforcement officer for
such program as a separate agenda item. With the approval of funding for this position,
staff has committed to inspecting all 32 mobilehome/troiler parks within an eight-year
period. This will insure that all mobilehome/trailer parks within the City are inspected and
brought up to a minimum level of health and safety regardless of the rent review process.
. Factors to Consider for Rent Increases in Excess of the Permissive
In considering those rent increases in excess of the Annual permissive rent increase, the
Commission may consider seven factors. Staff has proposed an expansion of these factors to
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PAGE 5, ITEM NO.:
MEETING DATE:
01/15/02
provide more specificity, such as better descriptions of fair and reasonable return, investment
in park improvements, operating costs, and available improvements, services and features.
More specifically, the fair return factor addresses the expense side of the equation but did not
explicitly require income information and the historical rate of return.
. Vacancy Decontrol
Currently, the City's review of rent increases also applies to those individual spaces receiving
a rent increase upon change of ownership of a mobilehome to remain within the park, also
known as vacancy control. In 1989, the City opted to implement some form of vacancy
control so that there is a balance in wealth or protection of both the park resident's and park
owner's investment in their property.
Rent increases are allowed and there are no limitations in the amount of the increase.
However, such increases are not considered automatic. Currently, there is a process of
notification of both seller and buyers of rent increases in excess of the annual permissive
increase and their right to a hearing before the Commission. All parties have the ability to
voluntarily negotiate an appropriate rent increase. Should such an agreement be reached,
there is no opportunity for review by the Commission.
The most appropriate time to significantly increase rents is at such time there is a change of
mobilehome ownership. The new resident has the choice of buying the mobilehome with the
full knowledge of the rent to be offered. In the case of existing mobilehome residents when
faced with a significant rent increase, their options are limited. Their decision to either accept
such a rent increase or find other living arrangements can be influenced by the high costs of
moving the mobilehome, if it is even possible, or the burden of selling the mobilehome at a
higher rent.
Consistent with the purpose of Chapter 9.50, it is proposed that regulations pertaining to rent
increases upon the change of ownership of a mobilehome be eliminated. Park owners
should not be precluded from receiving a just and reasonable return on their property due in
part to the regulation of space rents upon the change of ownership of a mobilehome. One
method to ensure that park owners receive a fair and reasonable return on their property is
to allow space rents to be renegotiated upon the change of ownership of a mobilehome.
Should park owners raise their rents to an unreasonable level, it is anticipated that
praspective mobilehome owners will not be willing to pay such rents and park owners will
adjust their rents to market levels. Therefore, regulation of space rents upon the change of
ownership of a mobilehome is not required. A finding to address the issue of regulating rent
increases upon change of ownership is proposed.
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PAGE 6, ITEM NO.:
MEETING DATE:
01/15/02
. Riqht to Mediate Resale Price
In light of the deletion of vocancy control, there is no need to mediate resale prices. There is
only a need to mediate mobilehome resale prices when it is believed that vacancy control
drives up resale prices.
. Monitorinq
It is proposed that a process be established for mobilehome residents who believe that their
park owner may have violated the rent increase provisions of Chapter 9.50. Residents
alleging such violation must first meet with the park owner to try to resolve such dispute.
However, if resolution belween the resident and park owner cannot be reached, the resident
may then file a complaint, along with compelling evidence demonstrating such violation, to
the City. The City upon review of the complaint may determine if an audit for the last three
years of the particular space is required to determine compliance with Chapter 9.50.
Currently, park owners are required to provide a copy of the notice to residents to increase
space rent, whether or not the increase is above the applicable CPI. Staff then reviews such
rent increase notices for compliance.
Over the years, only a few parks have complied with the requirement to submit a copy of the
rent increase notice. Typically, park owners issue rent increase notices upon the anniversary
(move in) date of the specific resident. Therefore, with 32 parks comprised of 3,536
spaces, the City could receive thousands of rent increase statements all throughout the year.
This requirement will be eliminated and verification of compliance will be down on a case by
case basis as initiated by park residents.
. Clean-up/ Housekeepinq
The effectiveness of the Ordinance hinges on a mobilehome/trailer park resident's
knowledge of their rights and responsibilities covered by the law. The City's involvement in
the review of rents and settlement of rent disputes is triggered not by a park owner's
application for rent increases but by residents notifying the City of rent disputes. Without the
knowledge that the Ordinance exists or how the law works, residents will be unable to
appropriately invoke their rights under the law.
Over the years in trying to implement Chapter 9.50, staff has found its overall format and
language to be confusing to interpret and understand, particularly for mobilehome residents.
It is difficult to understand because of the structure or ordering of the sections and some
processes and definitions are unclear or vague in their description. The proposed revisions
are intended to be readable and user friendly in their format.
Mobilehome/trailer parks and their relationship with their tenants are also regulated by State
Mobilehome Residency Law (Civil Code Sections 798-799). Chapter 9.50 should be
consistent with State law. Some of the proposed revisions are being proposed to ensure
(f-Co
PAGE 7, ITEM NO.:
MEETING DATE: 01/15/02
consistency. For example, revisions to the definitions of space rent and other allowable pass
throughs are proposed for better clarity and consistency with State law.
Required notices and forms are included within the body of the text of Chapter 9.50. To
provide better clarity, it is proposed that such notices and forms be consolidated into an
Appendix of Chapter 9.50.
CONCLUSION
The key objective of the proposed revisions is to provide a rent process that is fair to both park
owners and residents and is effective in maintaining this fairness. Therefore, those revisions
proposed as general clean-up/housekeeping in nature are required to ensure the proper
implementation and administration of Chapter 9.50. The major revisions proposed, inspection of
those parks looking at rent increases in excess of the permissive CPI and the limitation of rent
increases when the CPI exceeds 3 percent, are also viewed as necessary to encourage fairness in
the rents being charged to residents.
FISCAL IMPACT
The proposed revisions will result in an increased staff commitment of time and resources for the
investigation and determination of serious code violations for those parks requesting rent
increases in excess of the annual permissive rent increase. It has been determined that the
Planning and Building Department will require an additional 1.0 FTE inspector to implement the
proposed revisions to Chapter 9.50, the Title 25 inspection program, and the Community
Housing Improvement Program (CHIP). The work priority of this position will be based upon
need.
In FY 01/02, the impact to the City/Redevelopment Agency will be $52,597 and in FY 02/03 the
impact is $61,216 to fund the costs of personnel, services, and supplies. City Council and the
City's Redevelopment Agency will be asked to consider the funding of one additional building
inspector/code enforcement officer to implement the proactive code enforcement program for
mobilehomes and the CHIP this evening as a separate agenda item.
AnACHMENTS
1. Proposed Ordinance amending Municipal Code Chapter 9.50
2. Summary of Proposed Revisions to Chapter 9.50
(LHines) J:\COMMDEV\STAFF.REP\Ol - 1 5-02\A 113 MH Rent Ord Revisions.doc
<g-1
EXHIBIT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING
TO MOBILEHOME PARKS SPACE RENT REVIEW
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION 1: That Chapter 9.50 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Sections:
9.50.001
9.50.005
9.50.010
9.50.012
9.50.015
9.50.020
9.50.030
9.50.040
9.50.050
9.50.060
9.50.063
9.50.064
9.50.065
9.50.066
9.50.067
9.50.068
9.50.070
9.50.073
9.50.075
9.50.076
9.50.077
9.50.078
9.50.079
9.50.080
9.50.081
9.50.085
9.50.087
9.50.090
9.50.092
9.50.078093
9.50.08G95
9.50.0S1100
Chapter 9.50
MOBILEHOME PARK SPACE-RENT REVIEW
Findings.
Purpose.
Definitions.
General Applicability and Exemptions.
Applicability of Charter 9.50 to Recreational Vehicles.
Legal Requirements and Procedures Created.
Definitions. Moved to 9.50.010
Repealed.
Annual Permissive Rent Increases and Notices of CPI, Rent Increases. (And Right to
Mediate the Purchase Price of a Mohilehome Replaced hy 9.50.(76).
Repealed.
Rent Increases Without Change of OwnershirAbove the Annual Permissive Rent
Increase. (Previously known as 9.50.065).
Owner Meetings and Possible Voluntary Negotiations. (Prevously know" as 9.50.(50).
Moved to 9.50.063.
Request fQir Hearing Form.
Repealed. Rent IncreaGes Upon Change of Ownel'Ship.
Moved to 9.50.050
Initiation of Space Rent Review.
Factors to Consider in Fixing Space Rent Through the Hearing Process.
Fixing of Space Rent in Excess of the Permissive Rent Increase.
Repealed. Right to Mediate Mohilehome Resale Price.
New and Prospective Mobilehome Residents.
Findings Regarding Serious Code Violations.
Notice of Serious Code Violations.
Proposed Space Rent Increases at a Time When There Exist Serious Code Violations at a
Park.
Denial or Reduction of Rent Increases Based Upon Serious Code Violations.
Compliance with State Law and City Posting and Disclosure Requirements.
(Previously known as 9.50.012)
Implementation Guidelines.
Mobilehome Resident's Right of Refusal.
Retaliatory Eviction.
Criminal ;\ctsRepealed.
Repealed. (Previouslv known as 9.50.080)
Civil Remedies. (Previouslv known as 9.50.081)
~-?
9.50.lJ83102
9.50.GS5105
9.50.ll9ll110
9.50.10015
9.50.U~0
Criminal and Administrative Remedies. (Previouslv known as 9.50.083)
Repealed. (Previously known as 9.50.085)
Repealed. (Previouslv known as 9.50.090)
Severability. (Previously known as 9.50.100)
Repealed. (Previouslv known as 9.50.110)
9.50.001
Findings.
A. The City Council finds that there is presently, within the City of Chula Vista, a shortage of
rental spaces for the location of mobilehomes, and an inadequate number of mobilehome rental spaces to
meet the total demand in this City for those spaces. The City Council finds that this limited supply of
mobilehome spaces in this City has resulted in low vacancy rates and contributes to escalatinl> space rents in
a manner that would, in the absence of re~ulation, allow for unconscionable increases of rents to
mobile home park residents.
B. The City Council further finds that the lUlique nature of the ownership of a mobilehome
within a mobilehome park makes mobilehome owners particularly vulnerable to the threat of loss of their
investment in their mobilehome. Due to the high cost of moving mobilehomes; the potential for damal>e
resultinl> from moving mobilehomes; the requirements for installing a mobilehome, includinl> permits,
landscaping and site preparation; the lack of alternative homesites for mobilehome owners; and the
substantial investment mobilehomeowners make in their coaches, mobilehome owners lack the ability to
move their of mobility of mobilehomes without a substantial loss in their investment. This lack of mobility,
coupled with a shorta~e of rental spaces, provides park owners with the ability to establish excessive and
unconscionable rents which, if unregulated, -would result in the impairment of a mobilehome owner's
inveshnent in their home.
C. The Citv Council further finds that mobilehomes comprise a significant form of housing
available within the City of Chula Vista and can be a more affordable housing choice than apartments or
single-family homes. The City Council finds that tlle supply of both mobilehome spaces and mobilehomes
available for rent is not adequate to meet the demand, and that as a result, the limited supply of such spaces
and mobilehomes contributes to escalating rents in a manner that would, in the absence of regulation, result
in the elimination of mobilehomes as a source of affordable housing.
D. The City Council further finds that there exists serious health and safety issues in
mobilehome parks within this City which constitute violatioILs of the City's Municipal Code and/or State
law. The City Council finds that increases in rents in excess of the annual permissive rent increase for parks
where there exists such serious violations would. in the absence of regulation, allow for an unconscionable
benefit to the park owner to the detriment of the health, safety. and welfare of mobilehome residents. As
more fully set forth in Section 9.50.078 of this Chapter, the City Council finds that the provisioILs of this
Chapter will promote and require a minimal level of health and safety conditions in those mobilehome
parks seeking rent increases in excess of the annual permissive rent increase while also allowin~ park
owners sufficient time and revenue to meet these minimal requirements.
F. The City Council further finds that. because mobilehome parks generally have costs of
operation which are cOILsiderably less than total gross income, it is not necessary to allow an automatic 100%
Consumer Price Index (Cpn annual rent increase in order for mobilehome park owners to be able to
maintain a fair. just. and reasonable rent. A number of cities in California do, in fact, limit annual rent
increases without a review or hearing bv the City, to .75 times the CPI and/or provide a maximum
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allowable rent increase. Therefore, it is appropriate to require iustification for any rent increase in excess of
the annual permissive rent increase as set forth in this Chapter.
G. It is the goal and obiective of the City that park owners should not be precluded from
receiving a iust and reasonable return on their property due in part to the regulation of space rents upon the
change of ownership of a mobilehome. TIle Citv Council finds that one method to ensure that park owners
receive a fair and reasonable return on their property is to allow space rents to be deregulated upon the
change of ownership of a mobilehome. The City Council further finds that prospective mobilehome owners
have the ability to accept, negotiate or decline the offered space rent and therefore, regulation of space rents
by the City is not required at this time.
9.50.005 Purpose.
A. The City Council intends bv this Chapter to create a process to protect both mobilehome
park owners and mobilehome park residents from excessive and unconscionable rent increases while
simultaneously recognizing and providing for the need of mobilehome park owners to receive a iust and
reasonable return on their property.
B. The City Council intends bv this Chapter: (1) to prevent existing mobilehome owners, who
are rendered largely incapable of moving their mobilehomes without suffering a substantial loss in their
value, and from loss of their investment; (2) to protect and promote the availability of mobilehomes as a
source of affordable housing; and (3) to encourage compliance with code requirements-aOO, to protect the
public health, safety, and welfare of mobilehome park residents, and to provide for a fair rehlrn on the park
owners' investment so that compliance with code requirements are financiallv feasible in such circumstances
\vhere a rent increase in excess of the annual permissive rent increase is proposed.
C. The City Council intends for the procedures contained in this Chapter to provide a
mechanism for the resolution of disputed increases in rents by making it advantageous for mobilehome
park residents and mobilehome park owners to establish a better Imderstanding of each other's positions
which will result in agreement on the amount of rent to be charged. The procedures of the ordinance are
established with the intent that they be accomplished in a timely fashion. The participating parties shall
commit to the goal that the entire dispute resolution process be completed within one hundred twenty (120)
days following receipt of a disputed notice of rent increase.
The eity intefuL by this chapter to maintain a supply of afforaable Rousing. The city eouocil finds that
th.<cre is an ample stIpply of apartments for rent and that the apartment market place docs not neea regalation
in order to kecp the renLe at an aff{)rdable level. TIle Council finds that the s:ipply of Hlobilehome space
a':aibble for r-cnt i:J not adequate, and that as a rmult, the limited ~;upply of Gach spacer: in driving up the :;pace
rent:; in a manner that would, in the absence of regulation result in tloe c1imir:ntion of affordable homing.
The ci ty alao intends by this chapter to prc:ent e)(isting residents, who arc rendered largely incapable of
moving their mobilehomes without suffering a substantial loss in their value, from being charged c)[ce.osiv€
and :mconscionable rents due to thi:; lack of n"obility. Tl"e Council find,; that the limitcd supply of
mobilchoffi€ Gpace available for rent in thi:; city wouk!, il" the ab:;encc of regulation, allow f,Jr an
Imcort;cionable enhancement of rcnt:; to clCding mobilehomc pJ1'k rcc;identC1.
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3
The city also irJends by this ckapter to prcvent c"isting rcsidents, who arc rendered largely incapable of
mo.' ing their mobilchomcc without safkring a substantial loss in their ':a:ue, from loss of tbe rcsale ya:ue of
their mobilcl:omes due to the fact that an incomiq; res:deRt is beilOg charged e)(cess:ve rents.
The Council fiI:&; that the limited "apply of mobild'.orne "pace ayailable for reI:t in thi:; city '/,o:Iid, in
the ab5ence of cpace rent regulation at the time of sucl: Gale or 0!r.C!" vacaney, allow for an uI:co!1c.eionuble 10m
01 reGale valae 01 mobilehomes to e"iGtil:g mobikhome park residenlG. (Ord 2551, 31 (part), 1993).
9.50.010 Definitions.
Words used in this chapter shall have the meanin!; described to them in this section:
A. "Mobilehome" is a structure desi!;ned for human habitation and lor being moved on a street or
hi!;hway under permit pursuant to Section 35790 of the Calilornia Vehicle Code. As used in this
Chapter, "mobilehome" has the same meanin!; as California Civil Code section 798.3.
B. "Mobilehome space" means a portion of a mobilehome park desi!;f1ated or used for the
occupancy 01 one mobilehome.
C. "Mobilehome Park" or "Park" is an area of land where two or more mobilehomes or mobilehome
spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
D. "Mobilehome park owner" or "Owner" means and includes the owner, lessor, operator, or
manager of a mobilehome park.
E. "Mobilehome owner" means a person who owns a mobilehome which is legally located in a
mobilehome space within a mobilehome park in the City of Chula Vista.
F. "Mobilehome resident" or "Resident" means a person who occupies a mobilehome in a
mobilehome park in the City of Chula Vista as a primary residence bv virtue of having a rental
agreement. "Mobilehome resident" or "Resident" is inclusive of a mobilehome owner.
G. "Rent" means the consideration, including any bonus. benefit or gratuity, demanded or received
in connection with the use and occupancy of a mobilehome or mobilehome space in a
mobilehome park, including services, or in connection with the transfer of a lease for a mobile
space or the subleasing of a mobilehome space. "Rent" shall not include amounts paid by
residents for such separately metered utilities or services, as provided in California Civil Code
section 798.41, or any separate charge for those fees, assessments or costs which may be charged
to mobilehome residents pursuant to the California Civil Code.
H. "Dispute" or "Controversv" means a disagreement or difference which is subject to the resolution
process described in this chapter.
l. "Consumer Price Index" or "CPI" means the All Urban Consumers/All Items component of the
San Diego Metropolitan Area U (broader base) Consumer Price Index prepared by the Bureau of
Labor Statistics.
S?- II
4
1. "Mobilehome Rent Review Commission" means the advisory bodv established by Chula Vista
Municipal Code 2.31 to provide an independent review of rent increase disputes inmobilehome
parks.
(Ord 2551 ill (part). 1993; Ord 2451 il4, 1991; Ora 2306 ill (part), 1989; Ora 2163 il4, 1986; Ora 1997 ill (part),
1982; Ord 2737 ill (part), 1998).
9.50.010~ General Applicability and Exemptions.
This chapter shall apply to all mobilehome parks, mobilehome park owners, mobilehome residents and
mobilehomes in mobilehome parks "ithin the City of Chula Vista, unless otherwise exempted by state law or
the provisions of this Chapterthat reqaireo a pcrmit to be moved on a ;;l:1'ect or higlw.'ay.
111C procedures contained in this chapter ar", intcnded to pnwidc a mcchanism for thc resobtion of
dicputcd increases in rente by making it advantageouG for mobileheffico ewnercc and mooileheme parle owners
te e.ctabli,h a better understar.ding fer cacR eNeer's pesitien.c '.deieR will result in agrcement en the ameunt ef
rent to be charged. The procedares of the ordinance are established with the intent that they be aC€Elmpliohed
in a timely fashion. The participating partie;; ,,hall commit to thc goal th'lt thc cntire diGpute resolution proccss
be ceffiplcted 'sitl1in one hundrelo twenty (120) days following receipt of a disputed notice of space rent
incrca:::.c.
This chapter shall not apply to leases for a term exceeding one year which are exempted by California
Civil Code Section 798.17, so long as such leases contain all the required provisions for exemption, including a
statement in the first sentence of the first paragraph, in at least 12 point type or capital letters, giving notice to
the mobilehome resident that, by entering into the lease, the rent control provisions of this .ordinance will be
automatically superseded by the lease provisions regarding rent and rent increases.
This chapter shall not apply to a mobilehome park if the rents that may be charged for spaces thereat are
regulated pursuant to an agreement with the Redevelopment Agency of the City of Chula Vista under the
authority of Section 33334.2 through 33334.4, inclusive, of the California Health and Safety Code, for such
period of time as the agreement is in effect. (Ord 2551, 91 (part), 1993; Ord 2451 93, 1991; Ord 2306 91 (part),
1989; Ord 2282 92, 1988; Ord 2163 91, 92,1986; Ord 199791 (part), 1982).
9.50.012 Compliance '",ith State Law and City Pesting and Disdeour<! Requirements.
Evcry mobileheme park El'o,nel' shall eempl) '....iN'l the pI'El':defl5 ef the Mooilehome Residency L"w
(Chapter 2.5, Section 798 of tRe California Cio,il Code.) Abo, a cepy of that Cl1i1ptcr ,;hall be prominently
posted in a eomneon area of each park';; premiocs at alllimeo. 11'. addition, the information contained ite the
disclosure abclmv sRall be provided as f{)llow~.: (1) when a mobilehomc in a park Lc sold and it will remain in
the park, the seller shall show it to Hee bayer, (2) the park owner will ascertain H1at a buyer of a ff1obilehome
H'lat iwll remain in the park know" about the disclosure, and (3) a eopy of the disclesure shall be an addendam
to every rental agreemer.t.
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"Mllniciral Cede CRapter 9.50 Di5desllre"
Chula Vi~;ta MuFrieipal Code Chapter 9.50, Mobilchomc Pari, Space Rent Re':ie'N, g(wern:; all
mobilchome park space" for leases of 12 months or leGs. For leases of more than 12 months, Chapter 9.50 docs
not apply, per SectiOlo 9.50.010 and state law.
CI'.apter 9.50 gel~erally applies to, but i:; not limited to, rel~t control meaGare~;. Of partieular idefC[;t is
Section 9.50.067, which dctai13 the following:
'Nithin 15 days of the park owncr/H1ar.1gement r-ceei...ing a written notice of the pendi"!; Gale of a
mobilehomc ir.duding an addre"s at which an incoming mobileRofR€ resident may be cOHtacted, an ilo-cOlniHg
mobilehoffiC resideRt will receive a written statemcnt aD to tI'.e rental rate to be offered to the incoming
mobilcl~omc rc,;ident and whdher that rental ratei:; reflecti'..c of a cumulative armual increase frem tile
oHtgohog re~)ident's rental rate greater thiln the arumal iHcreaGe in the applicable Con~;umer Pricc Indcx (CPI). If
the cumulati':c annual i"crcaGe is greater than the arnmal increase in the applaicable CPI, then Hoe incoming
resident or toRe satgoing resident has the rigl'.t to request a hearing from tl'.e Chula Vista Mob:!eholl1e Rent
Re,-:ew Commission for enforcement of Chapter 9.50. For the parposes of this paragraph "cumHlalive aill1Hal
il1Crea~;e" mcaru.; the total rent increase for the apace wiH1in the past year. For example, if the applicable CPI b
foar percent, but the r-cnt waD Hoereased Ie:," tkan four pcrcent, the park OW11Cr may require ar. additiennl rent
IDereaGe for the space up to the total four per<:ent CPI withaout becoming Gubjeet to the right to appeal
paro':isioR3 of thc MElbilehome Park Spare Rent Review Ordinance. This hearh.g must be requested wifuiR
30 days of receiviRg sucR wrilteR statemeRt by submitting a Request te HeariRg PBfffi at the City ef CRllla
Vista Community DevclermeRt Derartment, the addres'j of -shiel'. is listed below.
:'tfter aR iReomiI'\g re5ident entef5 into a binding lease with a park owner, he or she shall fuT/e "0 right te
a hearing to appeal the rent amount agreed to in the lease.
i\ copy of the Mobilel'.ome Park Space Rent Review OrdinaRce is a'..allable at the City of Chula Vista,
Communiaty De';clopmcnt Department, 276 Fourtlt.'\vcnue, Ch~lla Viota, C'\ 91910 or one can be obtained
from park R1anagemetot.
9.50.015 Applicability of Chapter 9.5ll to Recreational Vehicles.
11115 Chapter applies to GQwners/GQceupants of recreational vehicles as defined in California Civil
Code Section 79%1429 are subject tEl the proviDio!15 set forth herein where the recreational vehicle
owner / occupant has been in residency for nine or more consecutive months. Notwithstanding the above, this
chapter shall not be applicable to recreational vehicles residing in parks operated as recreational vehicle parks,
where the predominant number of spaces are occupied for less than nine months.
(Ord 2551, 31 (part), 1993; Ord 2306 31 (part), 1989; Ord 2282 32, 1988; Ord 2227 31, 1987; Ord 2737 31 ~
~
9.50.020 Legal Requirements and Procedures Created.
This chapter creates legal requirements and procedures which must be followed when spaee-rent is
increased in mobilehome parks. In the event a mobilehome park owner increases "pace rent .....ithou
complyingwithout complying with the provisions of this chapter, including, but not limited to providing the
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6
required notice, the park owner may be held accountable for such failure through criminal. civil and
administratim"cadministrative action in accordance with Sections 9.50.08+100 and 9.50.102 of this chapter. A
park owner who willfully and improperly collects rent shall be subject to repayment of up to three times the
amount of rent improperly collected, after a hearing before the Mobilehome Rent Review Commission, or in a
civil action brought by a mobilehome resident.
(Section repealed by Ord 2306 91, 1989; Ord 2282 92., 1988; Ord 2163 93, 1986; Ord 199791 (part), 1982; Ord
273791 (part),1998).
9.50.030 DefiRitioRsMoved to 9.50.010.
Words med il~ this chapter ~)hall hiwe th{; meanil~g described to then~ in this :;ection:
/1.. "Spacc rent" n'.earu; the eonsidcration, ineludin& or.y payment, bOntel, bcnefils, or &ratuity demanded or
reedyed in connection with thc aGe and o(e"PaR€)" of the mobilelooffie space i,o a mobilehome park, or
for the traru;fer of the leaGe fDr parl:spaee, sel"Yiees, including, bat not limAted tEl, Fee3 and charges for
maintenanee and operatioes of park Faeilities ar.d ,andGcap;"g, trash collection, sewer, gas, electrieity,
'Nater, eable T.v., or any other Gael'. utility or "cr/icc not separately metered, owr.er provided anlfOnitiCG,
:;ubletti!og and security deposib, but e"ded'le of any amounts paid for the ewe of the mobilehome
d'Nelling, and e"elusive of other allowable paGs throaglots a~) defined in :)ab~1ectiOlo H below.
ll. "Mobilehome" mea""", a mobilehome as defined in the California Mobilehomc Home R{;sidency Law.
C. "Mobilehome park owner" or "o....r.er" means ;Jr.d ifl€lude:; the o'xnel', 1esGor, operator, or m~ll1ager of a
mobilehome park ....ithito tb: purview of this ordinance.
D. "Mobilehome resident" of "Recciden( means a person who occupies a mobilehOlHe in a ffiobildlOffie park
aG;J primary rec.ide!oee by virt"", of having a reetal agreement.
Eo "Dk)pute" or "COIotro'/ersj'" means a disagreement or difference which is sabject to the Ksolution proee:)s
deseribed in this chapter.
F. "Consumer Price Indo," or "CPr' shall mean the all urban consumers,! all items eempOl:enl of tRe San
Diego :Mctropolita.-, Area U (broader ba:Je) coru:;umer price index.
c. "Major Capital Impro'lemel'.t Pru)~; Threugh" meilfl() ;J :;eparately identified mOlo:h1y charge to H:sident"
....hieh representB Hoe repayment of a eost for a majm capita] improvement ',..ith the following
eRaraeteristies:
1. Said improvement "hall ha'le a CCl[;t of more than $10,000.
2. Said impfClyenxRt GRall be ("elusive of maintenance or replacement of e"ioting faeilities.
3. Said i'F.provement shall have been approved in .,"'Titing by more than fifty percent of the
mobilehomc space:; within the mobilehomc park aft{:r all re:;idents in the park have beel'. informed
of the nat',lre, general design, timing, and overall co,;t of :;aid inoprovement, and the amour,t and
duration of Hoc related pill1G threu&h. ,A. case when a space i'J occupied by two or more adult,;, each
adult Ghall haye a '?Elte, but where two adu!!" OCeapy a cpace, if ElRe VElt{:s 1ft f-ayor and the other
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7
'.'otec, opposed, the result sloa]] abe eonsic:ered a half space in fayor of mod a half spaec opposed to
the imprm'cmelOt. Lil,cwisc"....]oere three adult, OeGlpy t]oe space, each 'iote shall EDunt as one third
of a spacc for or against the impro'lemer.t.
II. Other l'J]owable Pass Through:;" mea",; separately billed utility c;ervice fees and chargcs c"eluded from.
rent in accordance with the provisions of Ci...il Codc Scction 798,'l1; increases in rates of sudo utilities,
and g{)Vernmcntal assCGsments such as real property ta"cs, license fees, mod assessments f{)r municipal
services or improvements. Copie., of bills, in'loiees, or other appropriate slIflportiflg doeCllneflEatiOlo
:;hall be kept on file in the park OW10cr':; on :;ite bw;incs:: office, and made available for review by affeckd
reGidelot; upon r('aDOnable request at any time during normal ba:;inc:;G hours,
1. "Mobileheme Parl," or "ParI," is an arca of land wflere twe or more mobilchomc spaces arc r<::nt<::d, or
loeld out for rcr.t, to accsmffiodatc mobilcholI\C, used for human habitation.
J. "Vlobil('hoeo<:: Rent rkvicw Commission: is the ad...i:;ory body establi:;hed by Chula ViGta Municipal
Code 2.31 to pro-..idc ar. independcnt relic'/{ of rent increa:Jc di:Jputes in mobilehomc parks.
(Ord 2551 S1 (part), 1993; Ord 2'151 St, 1991; Ore: 2306 S1 (part), 19&9; Ord 2163 St, 1986; Ord 1997 S1 (part),
1982; Ord 2737 S1 (part), 1998).
9.50.040 Negotiation commission-Membership.
(Section repealed by Ord 2306 91 (part), 1989; Ord 2291 91, 1989; 2282 92, 1988; Ord 2163 95, 1986; Ord
199791 (part),1982).
9.50.050 Annual Permissive Natices af CPI, Rent Increases and Notices of CPI. (Previously known as
9.50.068)(.'''"d Rigl:t ta Mcdiate the PUf<Rase Price af a Mabilehame parlia" replaced by Seelia"
9.50.07lil
A. Rents for mobilehome residents may be increased automatically and only once in a calendar year by
no more than the percentage change in the CPT, when the CP1 is three percent (3%) or less, and 75
percent of that change in the cpr above three percent (3%) to be known as the "annual permissive"
rent increase. The park owner or their agent shall use the CP1 in effect at the time such notice of
increase in rents is served on residents, as provided in the notice of current CPI mailed to each park
owner or their agent by the Community Development Department. Calculation of the one-year
limitation on rent increases shall be from the date the last increase became effective for that particular
space or mobilehome.
1L--Thc is cpr is published twice eaelo ycal' by the Bllfeau of Labor Stati.Jtics. The community development
department shall mail to each park owner or their agent the applicable cpr to be used for the ~rent
increases as soon as the community development department receives the applicable cpr which 'sill
apply to aJoy propo:;cd :;pacc rcnt incrca:)c~; a:: Goon aG the comffiuRiIc; development departRo€nt receiveG
th~ ap plicac'lc cpr from the Bureau of Labor Statistics. The cpr is published twice each year by the
Bureau of Labor Statistics. Park owners shall use the cpr furnished to them by the community
development department as controlling the maximum potential arent increase without a need for a
hearing, and may not deviate from the CP1 until the park owner receives written notification from the
community development department that the cpr has changed, The park owner shall post, in a
<;?-/s-
8
prominent place, the notification from the corrununity development department so that all residents are
aware of the applicable CPr.
ll. l. copy of the notice to residents to h~;:rCilGe space rent, 'Nhcthcr or not the increase is above the
applicable CPt :;hall be mailed (U.s. Postal Mail Servicc, rehlrn rcceipt rcque:;ted) to the communily
dc/dopment dcpurtmcnt, 276 Fourth ,'.v(foue, Chula Vi3ta, C'. 91910, at the sanoc tinoc as i35uancc of thc
notice to thc rcsidcnts.
C Should a mobilehome resident feel that a proposed rent increase is in violation of this Chapter, the
resident may provide written notice to the park owner of such rent dispute. Within ten calendar days
of the written notice. the park owner shall meet with the resident to discuss this dispute. This meetin~
shall be held at a muh,ally convenient time and place, preferably at the mobilehome park.
Additionally, within 30 days of receivin~ written notice from the resident of a rent dispute, the park
owner shall provide the resident with a written response addressin~ such dispute.
If the resident is unable to satisfactorily resolve such rent dispute, the resident may file with the
Community Development Department of the City a complaint alleging the mobilehome park's
violation of the rent increase provisions of this Chapter. Such complaint must include documentation
or other information which provides compelling evidence of such violation and submitted within
fourteen days of receivin~ the park owner's written response addressin~ the dispute. The City, at its
sole discretion and after review of the complaint and supporting documentation, will determine the
necessity to audit the rent for the affected space in order to verify compliance with this Chapter.
Should the City determine that an audit is necessary, the City shall notify the park owner in writing of
their determination, request written verification of the rent charged for the affected space for the last
three years. and provide the park owner with a copy of the complaint. Within fourteen days after
delivery of said notice from the City, the park owner or their agent shall mail (U.s. Postal Mail Service.
return receipt requested) to the Corrununity Development Department. 276 Fourth Avenue. Chula
Vista, CA 91910, written verification of the space rent charg;ed for the affected space for the previous
three years. such as copies of rent statetments. Failure to provide the Communi tv Development
Department with the requested space rent information or knowingly submitting incorrect information
shall be considered a violation of this Chapter.
(Ord 2566 93,1993; Ord 2737 91 (part) 1998).
9.50.060 Powers of a negotiation corrunission.
(Section repealed by Ord 2306 91 (part), 1989; Ord 2282 92, 1988; Ord 2163 97, 1986; Ord 1997 91 (part),
1982).
9.50.063
Increase.
Rent Increase without Change af Maoilehame OwncrshipAbove the Annual Permissive Rent
(Previously known as 9.50.065)
A. In any situation where a mobilehome park owner wishes to increase the 5j3i1€€-rent to an ("isting
rcsident above the rumual permissive rent increase as set forth in Section 9.50.050applieable CPl, he or
f- /~
9
she must first give notice to affected residents, at the same time the ninety day notice required by Civil
Code Section 798.30 is given, as fellews:,
The Notice of a Rent Increase in Excess of the Annual Permissive Rent Increase shall be in substantially
the form prescribed in Appendix One of this Chapter.
NOTICE RENT INCRK^.SE IN EXCESS OF CPITl ill t.NNUf.L PERMISSIVB RENT
INCRB.^.SB
IF YOU 00 NOT T.'\KB t.CTION TO REQUBST f. HEf.RINC BY THE MOBILEHOME
RENT REVIEW CCTh1MISSION WITHIN TI'lIRTH Df.YS, TIllS INCRE.'\SE SIl,f.LL BE
f.mOl\1.^.TICf.LLY EFFECTIVE ON (Dt.TE) [Not soener thar, ninety
days after date of netice.]
Thi~; i~; a notice ef space !Lrent increa:;e which e"eeeds the annual permi:;:;i'ie rent
increasc as set fertR in Sectien 9.50.068 of the City of Chula Vista's Municipal Cede. .'\n ailloual
reF.t increase of the percentage increase ef t:fie Censamer Price Inde)( (Cpr) fer IT.e mest reeent
lweiYe (12) menth peried, as rEf,ertes 61' the Bureau ef Loom Statisties, preeeding this netiee,
when the CPI is three vercent (3~/") or less. and 75 vereent of tRat cflan!;e in the CPI aboye
three perceRt (3~() is allawed 'Nithout a right ta a heariH!; of the Commis:;ion. The CPI k; _~(
and the annual permissive rent i'-.erease is ~C Tthi~; iR€rease is _ ~( of your emrent rent.
Under the eit]>'s Manieij3al Code, yoa are entitled te tl-.e following rights:
1. I am required to hold a meeting with the residen", to discuss the l>"neml FCil50ns
for the inere""e. The meeting will be at [state time (mw,t be within ten
days) and place (should be at mobilehome parle)]. Under the City's ordinance, ewners and
residents arc encourages to attempt to resohe difference, and reaeh a yelur.tan aereement
regarding this increase.
2. Yell have the right to file for a he3<'ing ar.d determination by the Mobilchome Rent
Reviev,' Commis:Jion by delivering a forno as deseriBed in Section 9.50.066. You may file for
such hearing amy if you atteF.d tRe mecting to diseuss tRe increase. Ta filc for such hearing
yea must deli'ier tRe reqtlest for Hearing form te fue City's CORlffiunity De'lelopment
Department ',..,ithin thirty days of the date this notice is served on you.
3. In the eyeHt a rcquCGt for hearing i3 initiated, t-he action will include the rent
increase is,ues iwth~ regard to all tfte aHected residents. If you fl.'Yle "pestians, ar need
more informatian, yau can call the City at ~585 5722.
This inereaDe i~; in additiOlo to the following alh""nble pa"" through5: [identify type and;
amount of major capitol impro'.'ement or other allowable pa:;s throug!o]
The following space numbers arc subject to tms increase: [insert numbers of afkcted spa em].
B. If the residents within the affected mobilehome park have established an on-site representative body and
notify the owner in writing of its existence, a copy of the rent increase notice must be sent to the
chairperson of that body.
~-/7
10
C. A copy of the rent increase notice shall be mailed (U.s. Postal Mail Service, retum receipt requested) to
the community development department of the City of Chula Vista, 276 Fourth Avenue, Chula Vista,
CA 91910, at the Same time as issuance of the notice to residents.
D. The rent increase notice must contain the space numbers of all residents who are subject to i!#l.e increase
which is above the atmual permissive rent increase set forth in Section 9.50.050amount of the applicable
GPt.
(Ord 2566, 91 (part) 1993; Ord 2451 96, 1991; Ord 2306 91 (part), 1989; Ord 2737 91 (part),1998).
9.50.064 Owner Meetings and Possible Voluntary Negotiations. Previllusly 9.5(J.()50l
Within ten days after service of a notice of increase, as provided in Section 9.50.063, the park owner shall
hold an informal meeting for the benefit of the affected residents to discuss the increase. It is hoped that such a
meeting may lead to voluntary settlement of the dispute.
The meeting should be set for a time and date believed to be convenient for residents and may be
changed to a different date based on the reasonable request of the majority of affected residents.
If a resident does not attend this meeting or is not represented by someone, he or she shall have no right
to a hearing.
In the event that the resident(s) and park owner reach a voluntary a!;reement of the increase in space
rent, the rent shall be fixed as specified in Section 9.50.Ql;!75. Should the affected resident(s) and the park
owner be unable to reach a voluntary settlement of the dispute in the increase in space rent, the resident
shall be entitled to file a "Request for Hearing;" form as permitted in Section 9.50.0-W66 and 9.50.0+l70.
(Ord 2551 91 (part), 1993; Ord 245195,1991; Ord 2306 91 (part), 1989; Ord 2282 92,1988; Ord 2163 96, 1986; Ord
199791 (part), 1982; Ord 2737 91 (part), 1998).
9.50.065 Moved to 9.50.063
9.50.066 Request for Hearing Form
Mobilehome residents shall have a right to file for a hearin!; and determination by the Mobilehome
Rent Review Commission of rent increases in excess of the annual permissive rent increase. To file for such
a hearing, a resident must deliver the Request for Hearing form to the City's Community Development
Department within thirty days of the delivery of "Notice of Rent Increase in Excess of the Arumal Permissive
Rent Increase" from the park owner or their agent.
The Request for hearing shall be in substantively the following form prescribed in Appendix One of this
Chapter;,
11
?-I?
REQUEST FOR HEARINC
The uadersigned hereby requests a hearing before the Mobilehome Rent Review
Commission with regard to a proposed rent increase desHibed in the attaehed notice Rent
Increase in excess of CPIthe annual l3ermissin reat iaerease relating to the
Mobilehome Park. [Note: make certain you attach a copy of the
aotiee of Rent IaCfease you reeehed ham the pari, owner.]
The undefSigned is a residcnt .!!Lor incoming resident of the park and has attcnded a
meeting with the parI, owncr as required in Scction 9.59,(161 of the Chula Vista Municipal
Code. The dispute has not been settled.
It is undel'Slood that this request is irre':ocable and that it may be relied on by olher
residents of the mobilehome parI, to cause a public hearing to be scheduled, and that the
Mobilehome Rent Review Commission will schedule a publie heariRg to consider the
proposed rent iRcrease, takiRg into caRsideralion the factOI'S described in Chula Visla
MURicipal Code Section 9.59.973, and that the decision of the Mobilehome Rent Review
Cemmissien shall be BS'8liesble te all aHeeted R6ft1.e8lViU~rs aRa. SHall Be BRal afta binaiRg.
Signed ) Current Resident
Print Name ) Incoming Residcnt
Dale Space No.
[The wmpleted form must be deli\'ered to the City's Community Development
Department]
9.50.067 Notice of rent increase upon change of mobilehome ownership.
(Section repealed by Ord
!i ,20()1).
The rCliew process sflall also be applicable to tlte situation where space rent is hoereilGed above tke
applicable CPI upon change of oWflership of the ",obi/ehome. Either tr,c hoeoming or outgoing
owner occupant shall h.we the rigbt to a hearing and dceiaim" by the Mobileheme RAeet ]kvle,," Cemmi"sieR,
il{; provided in tl1i~; ~:8ection:
.t\.. OutgeiRg Mebileheme Resident':; Right to a Hearing. If an outgoilog mobilchomc residclot iRtencb to sell
his or her mobilehoffie, thc owner shall pre':ide te tr<€ outgeiRg resident within 15 days of tl:<€ receipt of
a 'srillen notice of inteRt to Gell, a ,.....itlen statement ae> to Hoe rental filte to be offered to tll. ineemieg
n"obi/chome resident. If the rate of increaGe in rent to the new owner occupant ie; abo'..e the amount of
the applicable cpr aG prcwided in Section 9.50.068 .^., then the owner ~Jhall proyide t.he current re~;idelot
with a notice as Det fortlt below in Subsection C, and the carrcnt rc~;ident Ghall Ita'ie the rigkt to a hearing
and decision rq;arding the inerea"e under the prod3ions of Section 9.50.070. f. Request for Hearing
Form maGt be filed witl:.in thirty day" after receipt of the writlen Gtatement of rnotal rate in thc general
form Get forth in Section 9.50.66 above.
12
~ - I ~
R
Incoming Mobilchomc R' ,
rccc,y'q; '.'idlcn n' cSldent 5 Right to a H' '
which tl'c . , obce of the pendil- eurmg, The owner 1c1
noobilchl').m mcoRlmg rcsidelct car ,~ge sale of a mobilelc1ofloe ., 'L,: L 8 lilll abo pnwide with,','
. ".", I .. _., , . ..w_,~ U . .15d.,.~
""""<P,"""; " ; . ';,'. 13' _Ike 00 " W"::,,,," ,ow.',,'" ". " 'b:;~'''''''' p, '" o"'~ ·
_I ~. 'e e~ '" ,__, M "~. I , ""'- ill'"," .""'"" " "-
__ ill"';';'!;'':'' ffi _~e " .' ,.e ,~OO"' 00'" M ,<I '" ~.~ "":"'" "ill,!""'" ""
f . ~' e .OR e res"l + iln.ount g.-cate +j ,r", below II' :; L
.CC1'uent did n + ',. en, receive, . j. ' r . o,m tb, a [' H. cvGection c.," ,L.e
0, exercIse e . S,lC . nobcc '1'1' .cable cpr ^ ' t rtt-
~"-,, ..'HI" _ ' "~," 00"'1''''''' · . ,~- "'"....,. I'"" , ... ,'"' ,..... ~ 'w
~"'"'"'" ~""eh ,_'.00"" ~'m,"f . .eo ,"'''oe """', 00, .< ........ m""""
,'woo.. wi " ._ ~..."' .... hn ~ .. .,..""" .. ....;, .w ,..... " '",,,,,.,, r.
Mobileloome Re c ~ on (}.50.070, in thc 5~e m'c .:,ght to a hearing r~ga~ng mobilehorne re,)ide,oUn~e
Blttent has t aiu er a" t t .."ng the ' ,rt_
,,~.," .oc_: :"~"- 0 "",!; i. . ~ """'., s,"'M 'I: ill~~' ...." ..
.1I.g ,esldent shall ~o'l' " Rg eace agreemer.+ ...,'+L ,L H a o':e. If the "
~ ,. a.e a 'I ' H"" die" 1 neom:in<'"
"" .. of'''''' . 'eo<< c.' ..,
".k~'d . '0 ..-. ~'~"""'"""'-'
" scatement '''l1all
. . .'. eoniair. the follo\' 'il- .
NOTICE f.NNU ^ , . .g,
. .~ CUMl.:'j.TI''E
. RENT INCRE/\SE IN EXCESS OF
"OIllLEH W YOU DO Nffi T^ KE ' C>'l!DR TIm; YFAR
INCREAS:~1~^ REN! REVIPH' cm.~C~~~J TO REQUEST :\ HE ^ RlN
"DIIl'EnOl rn ~L BE AUlOMATlCALLY..:': WID"" TlHRrY D' ~y TIrn
. TIVE UPON TI IE S ^ ~ . : TInS
, <.LE OF YOUR
c
This is a .eta tern
the Consumer Price ent of space re!:t imIca .
Labor Statistic[;, prec~~~' (C,~I) ..for tlee t"'el~'e B~:~~~ICh exceeds the pereenta e in
'.m_w ""_ ' d,. .__. 1> . I"ffl', ,. .",,"', , " ~,~ "
,llowobk , .. ~ .. ... "'~ wi .,' ,CPl · _% .... dv . ' '''' "'~". ~
,",,,,,,";, ffi .. m",,"' [""""", .". .. T,," _,~ . ;" 'dd;' _me ".~" ,
55 .rough] an aHl.O'>J.t f < 'IOn to 'he f II .
, ' . 0 major capitol ' ,0 owmg
Impro"e
, merot or other
D.
I. Under the cib"s H
leamog OR the I' J mUIUclpal Code IL
, . renta. me. ' ' "e outg '. '
eomplelio!: th' . caGe, and m the .. 011.g r~sldenl ha ., .
G " __ . ,,_H. , ' - 'M ,
"',m"""""',,," . .,dc,"" o,'Ik<I" '1''''' d." '" r~'<" ; '" ",.
.. '"""" -. ..::::::"""''''''''''''' In ,,"'; :.... ro, ~h , l~':';' :""~ .._~ ·
"" d.. "', eo",,;;, , ' C'Ii'''""'''''''''' Dc~ -- · ""'e". "'. m.~'. ... CHY,
'-HI' M ... _,,;;;;:' " YO' If ,.. I, ".,; ::::.7:' IJop-'" '".0 ~7,:::;'ocol
, , .. c . reque~t YO'I f f' . J ays of
If the residents ..n.L ' . or e,t your right to a
.L . ...,tt11l tfl ff
u,e o'''nef . . .e a ecte~ moh.j L
., . _ 1A ."flB f tt . ",I.el-lom
that Bod' ...ng 0 lis C)(islence a co: t park have estal3lisl1ea
J. ' 1'/0 the rent mcreasc ro;, . a reprCGentali'/e body and' 'f
, ce must be Dent to th h'" ,.OR led
e c larrpersoll of
K
^
<. copy of ih .
I c rent mcrca '
t .l~ ~offimunity deycio ~e Rolice shall be mailed US
C. /1910 at th I' eRt depilrtmert f tI- ,(,. P,dal Mail Se .'
, e same tim' . 0 .e CIly sf (;1c1 f\ Ice retUrA r .
e as ISGUaRee of the f .ula VIsta 276.F . eeCipt reqaeGted) t
, . ~ _".. . 0"" ,.. "
, .loc, ~ _m;", HI d ' ~ff" "" 000""",' . 'i' ""', CH~, V.""
, ","_ "' - I . ~,,- '
,.~T mH',," ' '" .>M' "",,," .
e' g' .0 a heari.- ! m mg Iea"e ....tfl I
,,,closure requirements b;gll~: ~~J'eal the ren: 'HfI(~u~;'ag::~I~rk O"'loer, tJoe incoming; re"'d
mailee hil\'e been rn t' 0 WltA tlo~ owne "I ,,' cd shall
e . r, a" ong as all tb
. .e
E
13 ~-2.0
(Ora2i'iee, 32 (part) 19%; Ord 2737, 31 (part) 1999).
9.50.068 Moved to 9.50.040.
9.50.070 Initiation of Space Rent Review.
If a rent dispute cannot be resolved at a meeting with a park owner, a resident may ffHiSt-initiate a rent
review by the Mobilehome Rent Review Commission by fileillg a Request for Hearing with the community
development department, in the form prescribed in Section 9.50.066.
Upon the filing of a Request for Hearing in accordance with this Chapter, the City community
development department shall notify the chairperson of the Mobilehome Rent Review Commission of such
request who shall schedule a hearing on the matter within 30 days after the date of receipt of such requests or
as soon thereafter as practical. The City shall send written notice to the park owner and the resident(s) filing
such request for hearing of the time and place set for the hearing. The hearing will be noticed and held in a
manner that provides due process to all affected parties. Should such hearing affect the maiority of those
spaces at the mobilehome park, the park owner or their agent shall post in a conspicuous place within the
mobilehome park a copy of the written notice of the hearing.
(Ord 2566 ~4 (part), 1993; Ord 2451 ~7, 1991; Ord 2227 ~2, 1987; Ord 2737 ~1 (part), 1998).
9.50.073 Factors to Consider in Fixing Space Rent Through the Hearing Process.
If a proposed rental increase is submitted to the Mobilehome Rent Review Commission
("Commission") pursuant to the provisions of this chapter, the commission shall determine the rent that is fair,
just and reasonable, and, in doing so, ~hall consider the f-ellowiRg factors listed below. The Commission
has the authority to request information and/or docwnentation related to these factors that will assist them in
making such determination. The Community Development Department and/or their designee shall review
all evidence to be presented to the Commission for their consideration. The Commission's decision shall be
based on the preponderance of the evidence at the hearing. The Commission shall consider the following
factors:
A. The need for the proposed rental increase of the space in order to permit the owner to secure a fair and
reasonable return, when considering the existing rental scheme for all spaces in the park and all existing
or expected expenses in owning and operating the park, on the owner's fiF\ar.cial ilweslmeflt in the park.
A fair and reasonable return may be determined by the commission by reference to industry standards,
risk of investment, or other acceptable standards.
1. In considering the existing or expected expenses in owning and operating the park in following
prudent business practices, the commission ~hould consider the following or any similar or
related items of expense, the reasonableness of such items, and changes to them:
a. Actual financial investment in park improvements.
b. Property or other taxes.
llf. Mortgage or ground rent payments.
14
r- 2-(
<'4. Utility costs.
~. Capital improvements or rehabilitation work.
ef. Repairs required.
fg. Other operating and maintenance costs. Operating costs shall not include the following:
i. Avoidable and urmecessary expenses, including refinancing costs;
ii. Any penalty. fees or other interest assessed or awarded for violation of this or any
other law;
iii. Legal fees, except legal fees incurred in cormection with successful good-faith
attempts to recover rents owing, and successful good-faith unlawful detainer actions
not in dero\;ation of applicable law, to the extent same are not recovered from
residents.
iv. Depreciation of the property.
v. Any expense for which the park owner has been reimbursed by any security deposit..
insurance settlement, iudgment for dama\;es, settlement or any other method. Cost
of replacement or repair incurred or necessary as a result of the park owner's
negligence or failure to maintain, including costs to correct serious code violations at
the park.
2. In considering the existing or eXDected income from owning and oDerating the park, the
commission should consider the rent schedule for all spaces in the park and any similar or related
items verifying income for the mobilehome park for the last three years, the reasonableness of such
items, and changes to them.
'2B. Rate of return earned by the park owner in previous years as determined by a fair market appraisal
conducted bv a Member ADDraisal Institute (MAl) aDDraiser mutually agreed UDon by the City and
the park owner and at the park owner's expense.
~. The extent to which the proposed rental increase will cause a reduction in the resale value of the
mobilehome.
GD. Changes in the Consumer Price Index for all urban consumers in the San Diego Metropolitan Area
published by the Bureau of Labor Statistics.
9Q. Rents lawfully charged for Fair market rental value as determined by "comparables" of similar and
existing mobilehome spaces or mobilehomes in the South Bay area of San Diego County, including those
in Chula Vista. as determined by an appraiser mutually agreed upon by the City and the park owner
and at the park owner's expense.
BE- The timing and amount of rents and increases for this and other spaces at the mobilehome park.
Fe. The quantity and quality of the improvements and features at the mobilehome park and any decrease or
increase in such improvements and features.
GH. The quantity and quality of services offered to park residents and any decrease or increase in such
improvements and features.
(Ord 2551 ~1 (part), 1993; Ord 2737 ~1 (part), 1998).
15
51 - 2.. L-
9.50.075 Fixing of Space Rent in Excess of the Permissive Rent Increase.
The rent on any particular mobilehome space shall be fixed as established herein. Any determination
of fair,iust, and reasonable rent determined by the Commission shall not be applicable to those spaces
exempt from this Chapter nor to those spaces not covered by the written notice of an increase in
rent..fDllw,'w:
A. In the event that the resident and an owner reach agreement as to the space rent in excess of the annual
permissive rent increase for that calendar year, with or without the benefit of a corrunission hearing, the
rent for the ;;pacc shall be fixed at the agreed upon rent at such time as the agreement is reached unless
the agreement provides for a different effective date. Rcnts established ir. sucl~ agreement shall not be
aHeeled by any 5HBse'l:lent commission determination regarding allowable rent ilOereases.
1L--R-In the event that the resident and an owner do not reach agreement, and the rent has been established
by the Corrunission according to the procedures herein established, the rent fDr t1-.e space shall be fixed at
the rental rate so established by the Corrunission as of the date of the Corrunission's decision, or ninety
days after the resident's original receipt of the Notice of Rent Increase, whichever is later, unless the
Corrunission shall fix a different date.
C. Consistent with its findings, the Commission may:
1. Permi t the requested increase which is in excess of the annual permissive rent
increase to become effective in whole or in part; or
2. Deny the increase which is in excess of the annual permissive rent increase.
-However, the Corrunission may not set the rent lower than the pre-existing rent or higher than the
amount contained in the Notice of Rent Increase in excess of the annual permissive rent increaseGJ2I.
GJ2. Unilateral Refusal to Participate in the Hearing Process. In the event the commission finds that the
resident or owner has failed or refuse!! to, in good faith, follow the procedure herein fixed for the
establishment of rent, which may include but not be limited to refusal to attend noticed hearings, or
failure to provide a copv of all rent increase notices to residents, then the Commission shall fix the rent
fDr the space shall be H)(ed as follows:
1. If the resident has failed or refused to follow the procedures herein fixed for the establishment of
rent, then the rent shall be fixed at the rental rate contained in the Notice of Rent Increase in Excess
of the Annual Permissive Rent IncreaseGPI.
2. If the owner has failed or refused in good faith to follow the procedures herein fixed for the
establishment of rent, then the rent shall be fixed at original Fental Fate flet iflereaoed by either the
annual permissive rent inereascCPI, 'Shcr. the cpr is t!tree peFeem (3~(') or less. :lnd 750ercent of
that change in the cpr aeo,'e t!tree percent (3~(.) or the affiDum contained in the Notice of R<:ont
rneFea3e li~ E)(eeos of the .^.nnual PeFffiiosp;c Rcnt ln€FcaseCPI.
QE. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which the rent shall be fixed, a
refusal or failure, accompanied with the knowingly improper assertion that a greater rental is due by the
owner or his or her agent, to accept a rent payment from a resident in an amount which is equal to or
greater than the rent fixed by Subsections A, B or C of this Section shall constitute a waiver by the owner
16
Y-23
of the right to collect said rent, in its entirety, for the rental period for which the rent was refused, unless
the tenant consents, in writing, to waive the provisions of this Subsection.
F. All parties to the hearing shall be advised of the Commission's decision and be given a copy of the
findings upon which the decision is based. The conclusions and findings of the Commission shall be
final. Any party disputing the final conclusions and findings of the COlnmission ll1ay seek revicvv of
the Commission's actions pursuant to Sections 1094.5 and 1094.6 of the California Code of Civil
Proced ure.
(Ord 2566, 135 (part) 1993; Ord 2551 131 (part), 1993; Ord 2737 131 (part), 1998).
9.50.076 Right to Mediate MobiJehome Resale Price.
(Section repealed by Ord
l:l .2001)
,^.. k line ....ith the pUFpese ef tbs ehapter te maintain a 5upply ef aHefdable R6<1sing in the m.ebileReme
market, it is tI'.e goal and objeetP.e of the eity that an outgoing residenta current m.ooilehem.e ow.'.er
sfieuld not be able to eomnoar,d, due to limitcd mobileReR',e spacc ff".ailability, a higficr price for a
mobilehomc upmo sale due to thc fact that t-he space rent is regulatcd by the pro'ldons of tlus chaptcr.
Howcycr, ([he ~c~ouRcil finds that thcre iG cuFFently no c...idenee tllat c"tent and pre"lalencc of
ovcr"flarg;ng fer mebileRemcs is not 5e!! significant a proolem. in ChMla Vista, ar.d tRat it flaS little, if
any, significillot dfect on the supply ef affordable housing in tT.e City ef Chula Vista, QQ.J!Q to reqaire
mobilehome resale price regulation by the city. The ~council fccls~ that this is due, in part, to
thc annual permi:;sivetting CPI rent increases pFO"lided in this ChapteriR rente vrithout re"liew.
I {oweyer, on a case by case basis, therc may bc isolated ocearrenccs of overcharging for m.obilehom.es
due to spacc rent regulation, and in such event, any abuses can be adequately addressed by the
mediation offered by this section. The ~C6Hncil fHrtfler finds iliat if, after time, it apJ3ears iliat the
mcdiatien preccss effered by this section is inadequate to address tlleany potential problem '...-ith
overcflar!;fn!;, it may reconsider more DtriRgent control o'cer mobilehomc overcharging in the future.
Il. Thc park owner shall post the following notice in a pmm.inefll placc, iF. tlle on site office:
NOTICE OF THB RICHT TO MED1'\TE THE PURCH.\SE PRICE OF MOBILEHOME
In addition to tfie rigfit to a hear'.ng on ar. increaGe in :;pacc rcnt abo'"c tI-,c
applical31ethe applicable CPI, a poteElial purchaser of a mobilehome has the right to
mediate the purchase priee of a mooileheffi€, if yeM centend that tlle pHreflaSe priee is
higfier because ef space reRt regulation, thcn tlle pHF€hasc price m.igfit ordinary be without
Gpacc rent regulation.
In order to submit the purchase pricc dispate, based solely on the grounds than the
pmchasc price is morc than would ordi.oarily be withol1t space rent regulation, between
youf5elf and your peter>tial seller to tlle Ch.ila Viota Mobilehofloe Rent Rc';icw
Commission for non bindir.g mcdiation your mMsl:
1. E,<tend ar. effer to purcha:;e tile mobilehom.e, bat Rot e"ecute ar, agreement
to pHrchasc;
17 '?r - L f
2. Sign and filc 'Nith thc community dc\'c1opmcnt dircctor thc form
requesting mediation prior to c"eeating a pureRase agreement; and,
3. Participatc in the mcdiation proeess provided by Hoc Mobilchome Rent
Rcvic~.\~ Commio:~ion.
C. If, prior to e"eruting a mobilehoffi€ purekase agreemet~t, the ineolning residentncw or prospcctive
mobilehome resideR! eontends that the priee at whieh the mobilehome is efkred by the outgoing
rcsidcnt CUrfent mobilehome owncr is higher beeaase of spacc rcnt regulation than thc pricc of thc
mobilehomc without :;pacc rent regulation, the incoming rcsidentnc'N or pFOspeckle mobilchomc owner
RaG tfie right, upon tender to the :;eller of an offer to purcha:;e the ffiobilehomc ill a price acceptable to the
iFl€oming rcsidentRew or ir.eoffiin~ mobilehome ovmer, to submit tfie price dispute to the MobilchoIDc
Rent RC~:ieTx CormnissieR fer meaiatieTI.
D. Upon submittal of the price dispute to the Mobilehome Rcnt Rcview Commission by tfie incoming
residentnew or prospecth'e mobilehoffi€ OWflcr, tRe Commit;sion :;lmll convene as soon at; practical to
h€ar thc diopute, flOt sooner than 10 days notice to th€ buyer <tr.d seller of the time and place at wmeh the
mediillion shall occur. If the Scller fails to appear, tfie Commission should hear the complaint and
e'/idence of the ir.coming residenlt1cw sr pr8speeti'o'e m8si1el-.oIDc oWFl€r for the purpose of creatiflg a
record of Gud'. abuses, if any. Howe'o'er, the Commissiofl shall ha-'le no power to set the resale price of a
mobilehOll'lc with or without the preseflce of the parties.
E. The purpOGe of the mediation, ar,d th sole jurisdiction of the Commiosiofl iI" 1:I-.e mediation, is to get the
parties to agree, if pOSSiBle, to a price which reflects 1:I-.e ",alae of 1:I-.e mobilehome as if tAe space r€flts ifl
the parle were flOt regulated by this chapter.
(Ord 2566, 96 (part) 1'-'93; Ord 255191 (pMt), 1993; Ord 2737 91 (pMt), 19'}8).
9.50.077
New and Prospective Mobilehome Residents; Transfers of Mobilehomes.
A. Prior to or at the time of agreeing to rent to a new or prospective mobilehome resident in a
mobilehome park, the park owner or their agent shall ascertain that the new or prospective
mobilehome resident has received a copy of the disclosure specified in Section 9.50.085 of this Chapter.
B. The park owner must follow all procedures and requirements for disclosure as set forth in this
Chapter.
C. Park owners must comply with the provisions of California Civil Code 798.70 et seq. related to
transfers of mobilehomes. including the provisions of Civil Code Sections 798.75 and 798.75.5.
9.50.078
Findings Regarding Serious Code Violations.
A. The City Cmmcil finds that there currently exists serious health and safety issues in certain
mobilehome parks within the City. These health and safety issues are particularly acute in the older trailer
parks in the City. In order to establish a minimal level of health and safetv standards which must exist in all
mobilehome parks prior to any rent increase, the City Council finds that the violations listed in Appendix
Two constitute serious code violations which may not exist within a mobilehome park at the time of a
proposed rent increase in excess of the annual perrnissive rent increase.
18
f -2S--
B. The City Council further finds that the provisions of this Chapter provide for a sufficient
return on investment and allow for a sufficient period of time to allow park owners to meet the minimal
health and safety standards set forth herein. The City Council finds that adoption of this Chapter does not
constitute an action or inaction by the City which will result in the closure, cessation or change of use of a
mobilehome park. Except in these cases where the City Council. in its discretion, decides not to renew a
conditional use permit or zoning variance as provided for in Government Code section 65863.7(i), the City
Council finds that any closure, cessation or change in use of a mobilehome park occurring after the adoption
of this Chapter is the result of the decision of the park owner, and, prior to any such closure, cessation or
change in use, the mobilehome park owner must comply with the provisions of Government Code sections
65863.7 and 65863.8 as well as the provisions of the City's conversion ordinance, Chapter 9.40 of the
Municipal Code.
9.50.079
Notice of Serious Code Violations.
Each park owner shall comply with the notice requirements contained in Section 9.50.063. The
Notice of a Rent Increase in Excess of the Annual Permissive Rent Increase shall be in substantially the form
prescribed in Appendix One of this Chapter.
Any review of the specific code violations listed in Appendix Two is not intended to substitute for
the comprehensive inspection program for mobilehome/trailer parks administered by the Planning; and
Building Department in compliance with Title 25 of the California Code of Regulations.
9.50.081
Denial or Partial Reduction of Rent Increases Based Upon Code Violations.
The violations which may result in a denial or reduction in any proposed rent increase which is in
excess of the annual permissive rent increase are limited to those listed in Appendix Two. Each year, the
Community Development Department shall send a copy of Appendix Two to each park for posting in a
common area as required above. Violations listed in Appendix Two hereto may be modified from time to
time by the City Manager without necessity of additional ordinance by the City Council.
In making a determination regarding whether to permit that rent increase which is in excess of the
annual permissive rent increase when serious code violations exist. the Commission and City staff shall
have the discretion to work with a park owner to bring a park into compliance over a period of time. If a
park owner contends that immediate compliance would result in the immediate closure of a park, the
Commission and City staff shall consider this contention and address the issues of compliance on a case-by-
case basis. However. the City Council finds that compliance with the minimal health and safety standards
provided for herein will not result in such closures.
(part), 1998).
9.50.085
9.50.012)
Compliance with Law and Posting and Disclosure Requirements. (Previously known as
Every mobilehome park owner shall comply with the provisions of the Mobilehome Residency Law
(Chapter 2.5. Section 798 of the California Civil Code>. and the provisions of this Chapter. Also. a copy of
the Mobilehome Residencv Law and this Chapter shall be prominentlv posted in a common area of each
park's premises at all times.
19 g~2lo
In addition. the information contained in the disclosure below shall be provided as follows: (1)
when a mobilehome in a park is to be sold and it will remain in the park, the seller shall show the disclosure
to all potential buyers; (2) the park owner will ascertain that a buver of a mobilehome that will remain in the
park knows about the disclosure; and, (3) a copy of the disclosure shall be an addendum to everv rental
agreement.
MUNICIPAL CODE CHAPTER 9.50 DISCLOSURE
Chula Vista Municipal Code Chapter 9.50, Mobilehome Park Space Rent
Review, governs all mobilehome park spaces for leases of 12 months or less.
For leases of more than 12 months, Chapter 9.50 does not apply, per Section
9.50.012 and state law.
Chapter 9.50 ~enerally applies to, but is not limited to, rent control measures.
Of particular interest is Section 9.50.063, which details the noticing
requirements for increases in space rent in excess of the annual permissive
rent increase.
If the annual increase is greater than the applicable change in the CPL when
the CPI is three percent (3%) or less, and 75 percent of that change in the CPI
above three percent (3%), then the mobilehome owner has the right to
request a hearing from the Chula Vista Mobilehome Rent Review
Commission for enforcement of Chapter 9.50. This hearing must be requested
within 30 days of receiving such written statement by submittin~ a Request
for Hearing Form the City of Chula Vista Community Development
Department, the address of which is listed below.
A copy of the Mobilehome Rent Review Ordinance is available at the City of
Chula Vista, Community Development Department. 276 Fourth Avenue,
Chula Vista, CA 91910 or one can be obtained from park management."
9.50.087
Implementation Guidelines.
After a noticed public hearing, as it deems necessary, the Commission may adopt guidelines or
regulations to aid in the implementation of this Chapter and to assure a fair hearings process.
9.50.090
Mobilehome Resident's Right of Refusal.
A mobilehome resident may refuse to pay any increase in rent which is in violation of this Chapter.
Such refusal to pav shall be a defense in any action brought to recover possession of a mobilehome space or
to collect a rent increase.
20 ~-). 7
9.50.092
Retaliatory Eviction.
In any action brought to recover possession of a mobilehonle or lTIobilehonle space, the court shall
consider as grounds for denial any violation of anv provision of this Chapter. Further, the determination
that the action was brought in retaliation for the exercise of anv rights conferred by this Chapter shall be
grounds for denial.
9.50.078 Criminal Acts.
(Section repealed by Ord & ,2001)
The following actB shall con6titute a crirniJ~al '"iolatioc of this chap leI', incbding the owner of a park if
done by an (mT.er'~; agent with the kr.owlcdge or consent of the owner:
^
.L....
Kno'NiI~gly dem",~ding, accepting or retaining any rent in e)(ceG~; of the amOUF.t fi)(ed by this chapter,
in€luding the locmandiftg of rent waiyed ander thc pro',oiaions of Subsection C of Section 9.50.075, except
that demands for annual inerea.;ec in rent and R€gotiations for rent permitted under 9.50.067 Il shall not
be deemed illegal.
B.
KnowiI;gly conunencing, or threatenir.g to eonunencc, or maiRtaininb an eviction or unlawful detiliner
procccdiIlb against a r€Gidet~t for the failare to pay a rent in eJ<cc:;s of the amount fixed pursuar.t to thi:;
chapter.
(Ord 2566, 37 (part), 1993; Ord 2551 31 (part), 1993; Ord 2737 31 (part), 1998).
9.50.08095 Mediation of negotiation commissioner's decision. (Previously known as 9.50.080)
(Section repealed by Ord 2282 92, 1988; Ord 2163 99,1986; Ord 199791 (part), 1982).
9.50.ll8l100
Civil and Administrative Remedies. (Previously known as 9.50.081)
A. Civil Action. Any person who demands, accepts, receives or retains any payment of rent in excess of the
maximum rent allowable by this chapter shall be liable in a civil action, including unlawful detainer, to
the person upon whom the demand was made or from whom the rent was accepted in an amount of up
to triple the amount of such improperly collected rent, and for such reasonable attorney's fees and costs
as may be determined by the court.
B. Administrative Action. In the event any owner is determined, after a duly noticed hearing by the
Mobilehome Rent Review Commission, to have willfully and improperly collected rents or other fees or
charges, including any fees and cbrgm dec.cribed iJ~ the definition of "Space R<:nt" in Sectic]fl 9.50.0301'.,
the commission may, on the basis of evidence received at such hearing supporting a determination that
such rents, fees or charges w::>ere willfully and improperly collected, require a reduction in rent or a
reimbursement of such improperly collected rents, fees, or charges, in an amount of up to taariple the
amount of such improperly collected rents, fees or charges.
(Ord 2551 91 (part), 1993; Ord 2737 91 (part), 1998).
21
~-2<6
9.50.083102
Criminal Remedies. (Previously known as 9.50.083)
P.. Any person committing a criminal violation of this chapter shall be guilty of a misdemeanor. Any
person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not
more than a $1,000 or by imprisonment in the county jail for a period of six (6) months in jailor by both such
fine or imprisorunent. The following nonexclusive acts, \vithout linlitation due to enumeration, shall
constitute a criminal violation of this Chapter, including the owner of a park if done by an owner's agent
with the knowledge or consent of the owner:
A. Knowingly demanding, accepting or retaining any rent in excess of the amount fixed by this
Chapter, including the demanding of rent waived under the provisions of Subsection E of Section 9.50.075,
except that demands for annual increases in rent and negotiations for rent permitted under this Chapter
shall not be deemed illegal.
B. Knowingly corrunencing, or threatening to commence, or maintaining an eviction or
unlawful detainer proceeding against a resident for the failure to pay a rent in excess of the amount fixed
pursuant to this Chapter.
(Ord 2551 91 (part), 1993).
9.50.985105
Arbitration. (Previously known as 9.50.085)
(Section repealed by Ord 2306 91 (part), 1989; Ord 2282 91, 1988).
9.5O.(J9g110
Deferral of Rent Increases. (Previously known as 9.50.090)
(Section repealed by Ord 2451 98, 1991; Ord 2306 91, 1989; Ord 2282 92, 1988; Ord 2163 910, 1986; Ord
199791 (part), 1982).
9.5O.1OO115
Severability. (Previously known as 9.50.100)
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held
invalid or unconstitutional, such portion shall be deemed a separate and independent provision and such
decision shall not affect the validity of the remainder. (Ord 2551 91 (part), 1993; Ord 2163 911, 1986; Ord 1997
91 (part), 1982).
9.50.1160 Enforcement (Previously known as 9.50.110)
(Section repealed by Ord 2282 92, 1988; Ord 2163 911, 1986; Ord 199791 (part), 1982).
22 <;f-29
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after
its adoption.
Presented by Approved as to form by
Chris Salomone
Director of Conununity Development
John M. Kaheny
City Attorney
23
)"-30
APPENDIX ONE
NOTICE. RENT INCREASE IN EXCESS
OF THE ANNUAL PERMISSIVE RENT INCREASE
IF YOU 00 NOT TAKE ACTION TO REQUEST A HEARING BY
THE MOBILEHOME RENT REVIEW COMMISSION WITHIN
TIIIRTH DAYS, nIIS INCREASE SHALL BE AUTOMATICALLY
EFFECTIVE ON (DATE) [Not sooner than
ninety days after date of notice.], EXCEPT AS PROVIDED IN
SECTION 9.50.078 ET SEQ AND SUBTECT TO THE NOTICING
REQUIREMENTS CONTAINED THEREIN
This is a notice of a rent increase which exceeds the annual permissive rent increase as set forth in
Section 9.50.050 of the City of Chula Vista's Municipal Code. An annual rent increase of the
percentage increase of the Consumer Price Index (CPI) for the most recent twelve (12) month period,
as reported by the Bureau of Labor Statistics, preceding this notice, when the CPI is three percent
(3%) or less, and 75 percent of that change in the cpr above three percent (3%) is allowed without a
right to a hearing of the Commission. The CPI is % and the annual permissive rent increase is
%. This increase is % of your current rent.
Additionally, this is your notice that Chapter 9.50 of the City of Chula Vista Municipal Code
specifies that rents in excess of the annual permissive rent increase as set forth in Section 9.50.050
cannot be automatically increased for any park when there exists serious violations of applicable
codes, as specifically listed in Appendix 'fweOne to Chapter 9.50.
Under the city's Municipal Code. you are entitled to the following rights:
1. Voluntary Meeting. I am required to hold a meeting with the residents to discuss the general
reasons for the increase. The meeting will be at [state time (must be within
ten days) and place (should be at mobilehome park)]. Under the City's ordinance, owners and
residents are encouraged to attempt to resolve differences and reach a voluntary agreement
regarding this increase.
2. Right to a Hearing. You have the right to file for a hearing and determination by the
Mobilehome Rent Review Commission by delivering a form as described in Section 9.50.066. You
may file for such hearing only if you or your representative attend the meeting to discuss the
increase. To file for SUcll hearing you must deliver the request for Hearing form to the City's
Community Development Department within thirty days of the date this notice is served on you.
If you are unable to attend the meeting as scheduled, you may elect to send a representative.
Please submit in writing to the park owner and the Community Development Deparhnent
notification that you have elected to be represented at such meeting by another party and stating
the name of your representative.
In the event a request for hearing is initiated, the action will include the rent increase issues
with regard to all the affected residents.
24
~ .-3 J
3. Request for Review of Serious Code Violations. If vou feel any serious code violations exist,
as specified in Appendix Two of this Chapter, you must notify the City's Community
Development Department in writin~, within 15 calendar days after the date of this notice, of
those specific code violations which you feel exist and which you feel adversely affect the
health, safetv, and general welfare of the residents. Such time limit shall be extended to the
next business day if the last day to file falls on a non-business day. A list of the specific code
yiolations which apply may be obtained from the office of the Community Development
Department during normal business hours, and is required to be posted in a common area of
each park's premises at all times.
The City staff will review your complaint of yiolation, and subiect to staffing limitations, make
a determination within 30 calendar days of receipt of your complaint as to whether or not such
serious violation or violations exist and as to whether it or they do adyersely affect the health,
safety, and general welfare of residents. The notice of such determination shall be provided to
you, any homeowners association at the park which is registered with the Community
Development Department, and to the park owner.
The park owner shall be notified within 10 days after the Community Development
Department receives a notice of any alleged violation as specified aboye. The park owner may
meet with City staff to explain or resolve the issue and the park owner will receive a notice as to
the City's determination of violation as specified above. If a serious violation as specified above
is determined to exist. the park owner may cure the violation, in which case the rent increase
will become effectiye upon such cure, after the 90 days as specified in the notice of rent
increase, or upon fixing of the space rents by the Commission whichever date or event last
occurs and in compliance with Section 9.50.063. The park owner will receive written
notification from the City of the cure of any such serious violation as determined by City staff.
In the alternative, the matter of any alleged code violation shall be considered as part of the
hearing process on the proposed increase or the park owner may request a hearing before the
Mobilehome Rent Review Commission on the matter of the alleged violation's relation to the
proposed rent increase. The Corrunission may take into consideration any code violation which
has not been resolved, in determining to what extent a rent increase, if any, should be allowed.
After making such determination, the Commission shall fix the rent as provided for in Section
9.50.081 of this Chapter.
It is not the intent of this section to delay rent increases, but to attempt to resolve serious code
violations during the 90 day period required by State law prior to the effective date of any rent
increase. This Section does not limit or preclude the City from proceeding in accordance with
all applicable laws against a park owner if it is found that a violation of code exists at the park.
The following space numbers are subject to tllis increase: [insert numbers of affected spacesl.
If you have questions, or need more informati.on regarding the hearing process or serious code
violations, you can call the City at (619) 585-5722.
Park Owner /Mana~er
Date
25
F-32-
APPENDIX TWO
MOBILEHOME PARK
CODE VIOATIONS WHICH MAY CREATE SERIOUS
HEALTH, SAFETY, AND WELFARE PROBES
INDIVIDUAL SPACES - Exterior only
A. All lots shall be numbered in a conspicuous location facing the interior roadway.
'Section 1104(a)]
B. Power sources and plumbing adequately supplied, supported, and protected.
ISections 1170, 1182, and 12801
C. No illegal discharge of liquid or solid wastes (CVMC 19.66.150)
THE FOLOWING APPLY TO PARK GROUNDS - NOT INDIVIDUAL SPACES
PARK IN GENERAL - not individual spaces/lots
PARK GROUNDS
A. Clearly identify park address at street [CVMC Section 12.48.0301
B. Emergency information posted in conspicuous place. [Section 16861
C. Unobstructed roadway shall be a 25 feet minimum (15 feet minimum if park
constructed prior to 9-15-61. If parking is allowed on one side of roadway, minimum
clearance is 32 feet, and if parking is permitted on both sides of roadway, a minimum
clearance of 40 feet is required. If there is some type of curb divider, each side must
be a minimum of 15 feet. 'Section 11061
D. Maintain proper grading and drainage (Accumulation of water) [Section 1610(a)]
E. Adequate refuse/rubbish disposal. 'Section 1610 (d)]
F. No illegal discharge of liquid or solid wastes (CVMC 19.66.150)
PERMANENT BUILDING STRUCTURES
G. Any new structures or work to have required permits [Section 1018(a)1
H. Maintenance sufficient to assure minimum life and safety standards [Section 16361
I. Water heater properly installed and vented [Uniform Plumbing Code Sections 508.0,
512.1, and 6081
T. Required lighting in public toilets, showers, and laundry facilities [Section 16121
K. Conformance with the California Fire Code (CFC):
1. Exit Doors (CFC 2501.8)
2. Aisles (CFC 2501.9)
3. Seating (CFC 2501.10)
4. Exit ways must be free of obstructions. [CFC 2501.111
5. Fire extinguishers shall be maintained in good repair. 'CJ:<\lC 2501.131
6. Exits shall be identified and lighted [CFC 2501.15, 1211 and 12121
7. Room capacity shall be posted [CFC 2501.16.11
UTILITIES
L. All electrical equipment outside permanent buildings shall comply with
requirements of the California Electrical Code (CEC). [Section 1134(a) and 13841
26
~-33
M. All overhead electrical supply and conductors and supporting structures shall
comply with requirements of the California Public Utilities Commission Rules for
Overhead Electrical Line Construction. [Section 1134.(b) & (C)l
N. Connections adequately protected if subiect to potential damage by yehicles, etc.
[Sections 1228(a) and 12801
O. Al electrical switches, circuit breakers, receptacles, lighting fixtures, control
equipment, and metering deyices located in wet places or outside of a building shall
be rain-tight type equipment. [Section 1170(a)]
P. Sufficient space around electrical equipment to permit ready and safe operation.
[Section 1646(a)(b)]
Unless otherwise noted, all Section references are found in Title 25 of the California Code of
Regulations.
The Department of Planning and Building of shall proYide a copy of all referenced code sections to
all park owners and/or their agents. Copies of these referenced code sections shall be maintained at
all times at the on-site Manager's office and may be viewed during normal business hours by any
and all residents.
27
g- 3 cf
REQUEST FOR HEARING
Rent Increase In Excess
Of The Annual Permissive Rent Increase
The undersigned hereby requests a hearing before the Mobilehome Rent Reyiew Commission with
regard to a proposed rent increase described in the attached notice - Rent Increase in excess of the
annual permissive rent increase relating to the Mobilehome Park. INote:
make certain you attach a copy of the notice of Rent Increase you received from the park owner.]
The undersigned is a resident of the park and has attended a meeting with the park owner, or sent
a representatiye on his behalf, as required in Section 9.50.064 of the Chula Vista Municipal Code.
The dispute has not been settled.
It is understood that this request is irrevocable and that it may be relied on by other residents of the
mobilehome park to cause a public hearing to be scheduled, and that the Mobilehome Rent Review
Commission will schedule a public hearing to consider the proposed rent increase, taking into
consideration the factors described in Chula Vista Municipal Code Section 9.50.073, and that the
decision of the Mobilehome Rent Review Commission shall be applicable to all affected homeowners
and shall be final and binding.
Signed
Print Name
Address
Telephone No.
Date
[The completed form must be delivered to the City of Chula Vista, Community Development
Deparhnent. Ath1: Housing Manager, 276 Fourth Avenue, Chula Vista CA 919101
28
s:"-3~
REQUEST FOR REVIEW OF SERIOUS CODE VIOLATIONS
Rent Increase In Excess Of The Annual Permissive Rent Increase
The undersil;Iled hereby requests a review of those serious code violations specified in this request
with re!;ard to a proposed rent increase described in the attached notice - Rent Increase in excess of
the annual pemlissive rent increase relatinj;; to the Mobilehome Park.
[Note: make certain lIOU attach a covu of the notice of Rent Increase uou received from the vark owner. I
The followin!; is a list of those serious code violations which the undersi!;ned feels exist and may
adversely affect the health, safety, and general welfare of the residents:
[Note: Please verify those code violations identified are listed within Aovendix Two of Chavter 9.50 of the Cihr
ofChula Vista's Municival Code.1
1.
~
l
Signed
Print Name
Address
Telephone No.
Date
[The completed form must be delivered to the City of Chula Vista. Community Deyelopment
Deparhnent, Atm: Housing Manaj;;er, 276 Fourth Avenue, Chula Vista CA 919101
29
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PAGE 1, ITEM NO.: 9
MEETING DATE: 01/15/02
JOINT REDEVELOPMENT AGENCY / CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE: RESOLUTION DIRECTING STAFF TO IMPLEMENT A CODE
ENFORCEMENT PROGRAM FOR INSPECTING MOBILE HOME PARKS
AND PROVIDING FIELD SUPPORT FOR THE COMMUNITY HOUSING
IMPROVEMENT PROGRAM, ADDING ONE BUILDING INSPECTOR
11/ CODE ENFORCEMENT OFFICER II; AND AMENDING THE
CURRENT YEAR BUDGET AND AMENDING THE FISCAL YEAR 2002-
03 SPENDING PLAN TO PROVIDE FUNDING THEREFORE.
SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR
PLANNING AND BUILDING DIRECTOR
REVIEWED BY: CITY MANAGERW L
of
4/5THS VOTE: YES 0 NO D
BACKGROUND
The preservation and improvement of affordable housing is critical to the long-term interests of
the City of Chula Vista. Therefore, a proposed new Building Inspector 11/ Code Enforcement
Officer II position will be assigned the responsibility of conducting inspections of mobile home
parks and providing field assistance to the Community Housing Improvement Program (CHIP).
Due to financial limitations imposed by the State of California, the existing Title 25 Mobile Home
Park Inspection Program is not staffed at a level that can adequately respond to the deteriorating
conditions found in some of the City's mobile home and trailer parks. This position will
supplement those efforts, and will be funded from a combination of the General Fund and
Redevelopment Low and Moderate Income Housing Fund.
RECOMMENDATION
It is recommended that the City Council adopt the resolution directing staff to implement a code
enforcement program for inspecting mobile home parks and providing field support for the
Community Housing Improvement Program, amending the current budget by adding one
Building Inspector II/Code Enforcement Qfficer II position; appropriating an additional $52,597
to the Planning & Building Department based on unanticipated revenue for staff reimbursement
($26,897) from the Redevelopment Agency Low & Moderate Income Fund and $24,400 from the
Available Fund Balance in the General Fund; Amend the FY 02/03 spending plan by increasing
the allocation for the Planning & Building Department by $61,216 based on increased
reimbursement revenue from the Agency Low and Moderate Income Housing Fund.
q-I
PAGE 2, ITEM NO.:
MEETING DATE: 01/15/02
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
Mobile Home Park Inspection Proaram
For over twenty five years, the City of Chula Vista has assumed the responsibility for enforcement
of State mandated compliance with Title 25 Health and Safety requirements in mobile home
parks. The City currently has 33 mobile home parks with 3,550 lots. For the last several years
the City's ability to conduct periodic inspections of entire mobile home parks has been restricted
due to State imposed limitations on charging appropriate inspection fees. This has resulted in
staff only being able to respond to complaints relating to individual lots.
In conjunction with the adoption of the revised Mobilehome Park Space Rent Review Ordinance,
staff is now proposing to add a new Building Inspector II/Code Enforcement Officer II, whose
primary responsibilities (estimated at 60% to 65% of overall work hours) will be to:
· Respond to inspection requests mandated by the revised Mobilehome Park Space Rent Review
Ordinance, and
· Conduct a proactive Title 25 mobile home park inspection program for all mobile home
parks.
The Title 25 inspection program will focus on identifying and eliminating fire and life safety
deficiencies in our mobile home parks. The priority order in which individual parks are inspected
will be based on recommendations from Community Development Department staff as well as
observations of Code Enforcement staff. The overall objective is to complete a Title 25 inspection
of every park in the City within a five to seven year period.
Community Housina Improvement Proaram (CHIP)
The Community Housing Improvement Program (CHIP) provides loans and grants to rehabilitate
single-family and mobile homes within the City of Chula Vista. The intent of the program is to
provide financial assistance to homeowners primarily to correct health and safety issues, and
upon completion of these repairs, to make cosmetic improvements to the property.
Previously, Council approved revisions to the highly successful CHIP. These revisions allow for
more effective implementation and oversight of the program. An integral component to
implementing this program is the availability of field support staff to conduct property inspections
and to work with homeowners and contractors. The role of the field staff person is to implement
and enforce the Program's goals and procedures. The new Building Inspector II/Code
9-~
PAGE 3, ITEM NO.:
MEETING DATE: 01/15/02
Enforcement Officer II will provide field support for this program at on estimated 35% to 40% of
its total work hours.
It should be noted that the actual staff time required to support both the mobile home park
inspection program and the Communify Housing Improvement Program, os described above, will
be closely monitored. If it is determined that either program requires greater field stoff support
than is currently estimated, stoff will return to Council to obtain further direction on program
priorities and/or authorization for additional stoff.
FISCAL IMPACT
In FY 01/02 net impact to the General Fund will be $24,400, which will fund the purchase and
maintenance of 0 vehicle, computer, furniture and equipment necessary for code enforcement
program. The impact to the Low and Moderate Income Housing Fund will be $26,897 in FY 01/02
and $61,216 in FY 02/03 which will fund personnel and services and supplies costs. Ongoing
impact to the Low and Moderate Income Housing Fund will be $61,216 to fund this program. Any
further impacts will be subject to Cify Council approval during the budget process.
J:\COMMDEV\STAFF.REP\Ol-15-02\Code enforcement officer.doc
tf-3
RESOLUTION NO.
RESOLUTION DIRECTING STAFF TO IMPLEMENT A CODE ENFORCEMENT
PROGRAM FOR INSPECTING MOBILE HOME PARKS AND PROVIDING
FIELD SUPPORT FOR THE COMMUNITY HOUSING IMPROVEMENT
PROGRAM, ADDING ONE BUILDING INSPECTOR II/CODE ENFORCEMENT
OFFICER II; AND AMENDING THE CURRENT YEAR BUDGET AND
APPROPRIATING FUNDS AND AMENDING THE FISCAL YEAR 2002-03
ADOPTED SPENDING PLAN THEREFORE
WHEREAS, the City Council and Redevelopment Agency of the City of Chula Vista is modifying
the existing Mobile Home Space Rent Review Ordinance; and
WHEREAS, certain conditions in said ordinance will mandate mobile home park inspections that
City Building Inspector/Code Enforcement is not currently staffed to perform; and
WHEREAS, a new Building Inspector II/Code Enforcement II Officer will also provide field support
for the Community Housing Improvement Program; and
WHEREAS, a new Building Inspector II/Code Enforcement II Officer requires equipment to
perform job duties, and such equipment includes, but is not limited to, a vehicle and funding for
this equipment is available in the unallocated fund balance of the General Fund; and
WHEREAS, funding for the new Building Inspectorll/Code Enforcement II Officer position is
available in the unallocated balance of the Redevelopment Low & Moderate Income Housing
Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council and Redevelopment Agency of the
City of Chula Vista does hereby direct staff to:
1. Implement a Building Inspector/Code Enforcement program for inspecting mobile home
parks and providing field support for the Community Housing Improvement Program.
2. Amend the FY02 Budget by: adding one Building Inspector II/Code Enforcement Officer
position; appropriating $24,400 from the available fund balance of the general fund for non-
recurring staff equipment and $26,897 for personnel Services and related supplies based on
unanticipated reimbursement revenue, and; appropriating $26,897 from the available balance
fund balance of the Redevelopment Low and Moderate Income Housing Fund to reimburse the
General Fund for these personnel and related expenses.
3. Amending the FY03 Adopted Spending plan by: increasing the Planning and Building
Department's personnel services budget by $56,399 and supplies and services budget by $4,817
based on unanticipated reimbursement revenue and increasing the Redevelopment Low and
Moderate Income Housing Fund budget by $61,216 to reimburse the General Fund for these
expenses.
Presented by
Approved as to form by
Chris Salomone
Community Development Director
(l i1u ~l i:A- t:n R.
John M. Kaheny t
City Attorney and Agency Counsel
J:ICOMMDEVlRESOSICode Reso.doc
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OUR ORGANIZATIONAL CULTURE
Each senior manager in the organization is to understand the current organizational culture
in their organization and to work with the organization to deyelop a culture which will
maximize the level of trust and productiyity between the organization and the Council,
between the organization and the citizens that the organization serves, and within the
organization itself. To do this requires that we develop the following organizational culture
in the City organization, by deYelopin~ this or~anizationa] culture in each de.vartment:
. We are in the "People Business." Qur clientele base is the citizens of Chula Vista;
"Citizen's inquiries are service requests, not complaints."
· We are "Good people doing good work," We will proyide good service in an ethical,
principled, responsive, and cost-effectiye manner, and at the highest quality possible.
. We will strive for excellence, not mediocrity, "If we do it, do it right."
· The organization should have a bias toward action and should yiew the City Manager's
office as a "catalyst for change"---change gives our employees the opportunity to excel.
· We should surround ourselves with strong, competent people,
· "Yes people" will hurt our organization. The organization needs people who dare to tell
us what we need to hear, not what we want to hear.
· The work enyironment should encourage diyersity of opinion and ideas.
· Teamwork and camaraderie strengthens an organization and giyes eyeryone ownership
of the successes. We will strive to deyelop team work where it is appropriate and
camaraderie at all times,
· As an organization, we should constantly be making an effort to "Find a Star". We
should provide the opportunities for staff to deyelop and to grow in their jobs.
· We should recognize that when you ayoid conflict, you live in conflict all of the time.
. We will work to establish work programs, goals, and objectiyes, and monitor and
eyaluate their status. The work that we do cannot simply be paper-pushing.
· We will maintain clearer lines of communication throughout the organization. In the
culture, anticipation and preyention should be emphasized so that we can avoid
unnecessary problems. The inyolvement of the City Attorney's office, Finance
Department, and Human Resources at the early stages of a project or issue will assist in
keeping little problems little.
· It is essential that, in the organization, for ourselves and others, that we make time to
self-rejuyenation; spend time with our families, take vacations, and seek spiritual
support.
· Finally, while it is easy to say "Have fun", we all find it difficult to haye fun when
there is so much work to be done, and, after all, work is work. But, by deyeloping
teams and working closely with people achieying shared goals, we will haye fun.
There is nothing that feels better or is more enjoyable than working with others in a
team which allows eyeryone involyed to cooperate in a creatiye manner.
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Organizational Values
INTEGRITY
The core of our public service. Responsible for our
actions. Willing to admit mistakes, Ensuring our
behavior builds credibility,
OPENNESS & SENSITVITY
The qualities we bring to our interactions with the
public, Responsive to our customers in a caring,
helpful, and understanding manner,
PROFESSIONALISM & COMPETENCY
Elements in which we carry out our work. Clear
sense of commitment, perspective. Direction in
serving the community.
ACCOUNTABILITY & RESPONSIBILITY
The fabric of the organization. Using good judgment
in taking calculated risks. Learning from our
experiences.
ENCOURAGEMENT & RECOGNITION
Instill self-pride in the work force, Demonstrating
independence, action, and initiative, Recognition that
our success as an organization is realized through
team effort.
"
FUN & VITALITY
Spirit behind all our efforts, Active, intuitive, and curious,
Approaching our work with a sense of
enjoyment and excitement