A. The City Council of Chula Vista has had more than adequate time to produce a General Plan that will protect the quality of life and home town character of Chula Vista, now and in the future, and has failed to do so.

B. The City is experiencing a period of intense residential development which adversely affects the health, safety and welfare of the citizens of Chula Vista, and;

C. This intense development has overloaded the capacity of the City streets and thoroughfares to move traffic safely, efficiently, and has failed to meet traffic demands, and;

D. This intense development has impacted neighborhood schools’ capacity to absorb children, and;

E. This intense development has overburdened existing open space for recreational facilities and parks, and;

F. This intense development has hindered the City’s ability to provide police, fire and paramedic protection at a satisfactory level. (Ord. 2309, 1989).

A. Chula Vista has experienced and continues to experience uncontrolled rapid residential growth. This unprecedented growth is having a serious impact on the City’s traffic flow, schools, street maintenance, water and sewer services, environmental quality and the City’s overall quality of life today and in the foreseeable future. The purpose of this measure is to qualify an effective and fair growth management ordinance by initiative petition of the voters, one that will control growth and protect the quality of life. This measure is not designed to halt quality growth, but to ensure that rampant, unplanned development does not overtax facilities and destroy the quality and home town character of Chula Vista.

B. It is the intent of the people of the City to better plan for and control the rate of residential growth in the City in order that the services provided by the City, school, park, utility and/or service agencies operating in the City can be properly and effectively staged in a manner which will not overextend existing facilities, and in order that deficient services may be brought up to required and necessary standards while minimizing, by means of long-range financial planning, the avoidable problems of shortsighted piecemeal growth. In order to accomplish this, this ordinance will guarantee that any fees collected for drainage, schools, streets, utilities, parks and recreation facilities shall be collected or assured by the developers in advance of development impacts and shall be properly utilized and spent by the City or agency in a timely manner to ensure that the impact of the development will not have a negative impact on the residents of Chula Vista.

C. It is the intent of the people of the City to establish control over the quality and rate of growth of the City in the interest of: preserving the character of the community; protecting the open space of the City; protecting the quality of life in the City; ensuring the adequacy of City facilities, school facilities, recreation and park facilities and services; ensuring the balanced development of the City; preventing further the significant deterioration of environmental quality; ensuring that the future traffic demands do not exceed the capacity of streets; ensuring the character of the City’s existing neighborhoods are preserved; ensuring the adequacy of fire and police and paramedic protection; and ensuring adequate water and sanitary sewer systems. (Ord. 2309, 1989).

A. If the existing major City streets and thoroughfares do not have the capacity to accommodate the proposed development without substantially altering existing traffic patterns or overloading the existing street system, then construction or widening of a major link or links in the major traffic network shall be staged as necessary to ensure the quality of existing traffic flow is maintained.

B. If the existing drainage facilities cannot adequately dispose of the surface runoff of the proposed development, then incremental construction of major and/or minor water course facilities shall be required.

C. If the existing water storage and distribution systems cannot service the needs of the proposed development, then incremental construction of major water system improvements shall be required.

D. If the existing City Parks and Recreation facilities are, according to the established standards, inadequate to serve the proposed development, financing and/or construction of Parks and Recreation facilities shall be required.

E. The Fire and Police Departments shall have the capacity to provide fire and police protection in accordance with established response standards and fiscal policies of the City.

F. The appropriate school districts shall have the capacity to absorb the children expected to inhabit the proposed development.

G. The libraries shall have the capacity to properly service the people expected to inhabit the proposed development.

H. The capacity of sanitary sewer plants and effluent lines to dispose of waste of the proposed development shall be sufficient, or contributions by the proposed development toward additional construction of additional sewer system improvements shall be required. (Ord. 2309, 1989).

A. The City Council shall require that any individual, partnership, joint venture or corporation receiving approval of a tentative subdivision map or any other discretionary approvals for any development project shall assure all funds necessary to meet public service and facility element needs and assure developer’s participation in the timely construction and financing of facilities.

B. Assurance of construction and financing is defined as any acceptable financing method including but not limited to bonding, reimbursement agreement, development agreements, assessment districts, community facilities districts that provides assurance to the City that the required funds or improvements shall become available for the timely renovation or expansion of impacted public services and facilities.

C. The City Council shall expend all funds collected under Section 19.80.040A solely for the purpose for which they were advanced. (Ord. 2309, 1989).

A. Single family dwellings on existing single-family lots.

B. Rehabilitation, or remodeling of existing dwellings or replacement of an existing dwelling or a conversion of apartments to condominiums not adding any units.

C. Any development project that has vested rights prior to July 1, 1988. This measure shall apply to all proposed development or redevelopment of Chula Vista except a development or redevelopment proposal which has obtained a “vested right” as of the effective date of this measure. For purposes of this measure, a “vested right” shall be:

D. Except for A, B, and C of this section, any development shall provide all necessary public services and facilities required to serve that development are insured in accordance with the criteria set forth in Section 19.80.040. (Ord. 2309, 1989).

A. Rezoning of property designated for residential development under the City’s zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule:

Property in the county pre-zoned for annexation as part of a planned community shall be deemed in compliance with this section regardless of the county zoning approved for the property. Property in the City zoned or proposed to be rezoned as part of a planned community shall be deemed in compliance with this section. This section shall not apply to rezones from a residential to a residential agricultural category.

B. Any annexation of lands within the City’s sphere of influence shall conform to the purposes, intent and requirements of this ordinance.

C. After property is annexed by the City, the prezoning approved for the subject property cannot be amended or changed in any way for a two year period. This provision shall apply only to prezones approved after the effective date of this ordinance.

D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial. This provision shall apply only to rezones approved after the effective date of this ordinance.

E. Property which has been previously zoned which changes unit configuration resulting in the same or a decreased level of density (units) shall not be considered a zone change under this section. (Ord. 2309, 1989).

A. Any legal action to challenge a decision or denial of the Council or any other government body performing a function under this ordinance, must be filed in a court of competent jurisdiction within 30 days immediately following the action challenged.

B. Any legal action to challenge any provision of this ordinance or to challenge the intent of this ordinance, must be vigorously defended by the City. (Ord. 2309, 1989).