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February 21, 2023
ITEM TITLE
Permit Processes and Regulations: Consideration of Amendments to Various Sections of the Chula Vista Municipal Code to Streamline and Clarify Permit Processes and Regulations, Fix Outdated References, and Align with State Law
Report Number: 23-0018
Location: No specific geographic location
Department: Development Services
Environmental Notice : The Project qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Recommended Action
Place an ordinance on first reading amending Chula Vista Municipal Code Title 2 (Administration and Personnel), Title 6 (Animals), Title 9 (Public Peace, Morals, and Welfare), Title 10 (Vehicles and Traffic), Title 12 (Streets and Sidewalks), Title 13 (Sewers), Title 14 (Watercourses), Title 15 (Buildings and Construction), Title 17 (Environmental Quality), Title 18 (Subdivisions), Title 19 (Planning and Zoning), and Title 21 (Historic Preservation). (First Reading)
SUMMARY
This item consists of proposed amendments to the Chula Vista Municipal Co de ( CVMC) while covering numerous topics. These updates will help streamline and clarify permit processes/regulations, fix outdated references, and comply with State Law.
ENVIRONMENTAL REVIEW
The Director of Development Services reviewed the proposed legislative action for compliance with CEQA and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves updates, m odifications, and organizational changes to the CVMC relating to City Department names and staff titles, section numbering, hearing and appeal processes for zoning decisions, additions of definitions, and Code Enforcement processes and actions. The action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the P a g e | 2
existing land use and zoning policies of th e CVMC. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, the action will not have a significant effect on the environment.
Therefore, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On December 14, 2022, the Planning Commission voted 7-0-0 to adopt Resolution No. 2022-015 (Attachment 2), recommending that the City Council adopt an Ordinance approving the CVMC amendments, with the exception of the updates for Community Purpose Facilities (CPFs) and Family Day Care Homes.
Staff will bring back an item to the Planning Commission at a future date regarding proposed changes to the language for CPFs. Family Day Care Homes has been added back into this item for Council consideration, as the CVMC must be revised to comply with applicable State Law.
DISCUSSION
Background
Within the past five (5) years, as the amount and complexity of development has increased within the City, so has the list of long -awaited and high priority CVMC (“Code”) amendments needed to remain relevant , match the City’s growth and be compliant with State Laws . Recently, staff reconvened the Development Oversight Committee (“Oversight Committee”), to assist staff in identifying areas of the Code needing updates or revisions. These revisions aim to streamline and clarify permit processes/regulations, fix outdated references, and comply with State Law.
In 2009, the Oversight Committee was formed to work with staff to identify areas within the Development Services Department needing improvement and assist in the development of workable solutions. The Oversight Committee is comprised of developers, business owners, community organizations, engineers, architects, and contractors. The Oversight Committee met on a semi-regular but consistent basis from 2010 to 2017, and less frequently between 2017 and 2019 until completely curtailing during the COVID -19 pandemic. The Oversight Committee reconvened in August 2022 to provide feedback on the proposed Code amendments for this item.
Moving forward, staff intends to address Code amendments and other work products on a semi-annual basis, while also engaging with and reconvening the Oversight Committee on a more consistent basis.
Proposed Amendments
A list of all proposed Code amendments can be found within Table 1. Each individual item is grouped into four (4) broader categories: Procedural, State Law Compliance, Land Use and Development, and Process Improvements.
“Procedural” generally means revisions to procedures and/or formatting changes. This includes the following items: 1) outdated department/manager titles needing to be updated; 2) removing old committees which no longer exist; 3) adding new holidays to the City’s parking schedule; 4) consolidating section numbers to each Title 19 (Planning and Zoning) definition and creating one overall Code number; and 5) removal of outdated labels for specific population groups within Title 19 (Planning and Zoning).
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“State Law Compliance” includes revisions for State Law compliance. Only one item at this time is proposed, pertaining to small and large family daycare homes.
“Land Use and Development” broadly covers revisions within Title 19 (Planning and Zoning) to use or development standards. This includes the following items: 1 ) Massage Parlors; 2) Design Review Permit Requirement; 3) R -3 Zoning Designation Height Standards; and 4) Addition of new zoning -related definitions.
“Process Improvements” means updates to existing processes for projects and/or permits. This includes the following items: 1) Scheduling of public hearings related to project appeals; 2) Short -Term Rental Permits; 6) enforcement/abatement of violations occurring within the public right-of-way (ROW).
Table 1 – Proposed Municipal Code Amendments
Procedural
Topic Issue Solution CVMC Location
Department and
Director Title Changes
Outdated Department
names and Director/
Manager titles, specifically
the Planning and Building
Department and Director of
Planning, still exist
throughout the Code,
primarily in Title 19
(Planning & Zoning).
Revise the Department
titles to Development
Services Department ,
and, depending on the
context, change titles to
Director of Development
Services and Zoning
Administrator.
Title 6
(Animals)
Title 9 (Public
Peace, Morals
and Welfare)
Title 12
(Streets and
Sidewalks)
Title 14
(Watercourses)
Title 15
(Buildings and
Construction)
Title 17
(Environmental
Quality)
Title 19
(Planning and
Zoning)
Removal of CVRC and
DRC
The Chula Vista
Redevelopment
Corporation (CVRC) and
Design Review Committee
(DRC), City -created
groups/committees that no
longer exist, are still found
in the Code.
Remove references to
CVRC and DRC from the
Code.
Title 10
(Administration
and Personnel)
Title 19
(Planning and
Zoning)
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Addition of Juneteenth
Parking Holiday
The Chula Vista City Council
adopted the recognized
Federal holiday of
Juneteenth as a City Holiday
at their regular meeting on
June 14, 2022. It is not yet
reflected in the City’s
Parking Holiday Schedule.
Adds Juneteenth Holiday
as a recognized City
Holiday for parking
purposes.
Title 10
(Vehicles and
Traffic)
Definition Section
Numbers – Title 19
(Planning & Zoning)
If additional definitions are
added within Title 19 of the
Code, there may be future
conflicts with running out of
number options.
Remove section
numbers for definitions
within Title 19 and
consolidate all
definitions into one
Code section.
Title 19
(Planning and
Zoning)
Removal of Outdated
Labels for Specific
Population Groups
Outdated language
currently exists within Title
19 (Planning & Zoning), mis-
labeling what now could be
perceived as persons with
disabilities in the context of
nursing homes.
Remove the label
entirely, but keep the
original intent of
generally allowing a
nursing home as an
unclassified use.
Title 19
(Planning and
Zoning)
State Law Compliance
Topic Issue Solution CVMC Location
Small & Large Family
Day Care Homes
State Senate Bill 234
specifies that both small and
large family day care homes
shall be treated as a single -
family residential use.
Therefore, discretionary
approval shall no longer be
required.
Remove the
discretionary permit
requirement for both
small and large family
day care homes.
Title 19
(Planning and
Zoning)
Land Use & Development
Topic Issue Solution CVMC Location
Massage Parlors The use is not listed as a
permitted, conditionally
permitted, or unpermitted
uses anywhere within Title
19. Add Massage Parlors as
a permitted by right use
within the Commercial-
Core (C-C) and
Commercial-
Thoroughfare (C-T)
zoning designation s.
These zones were
selected due to research
indicating these
Title 19
(Planning and
Zoning)
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businesses are primarily
concentrated in the C-C
and C-T zones.
Design Review Permit
Requirement
A property owner of a legal
non-conforming single -
family dwelling in the R -3
zoning designation , who
wishes to do a simple
building addition, is
required to go through a
Design Review Permit
(which would normally be a
ministerial action) . This is
because a Permit is required
for a modification of a
structure within a multi -
family zoning designation.
Current Code language does
not specify the type of
structure (i.e.: single -family
dwelling, duplex, dwelling –
multiple, etc.) requiring a
Design Review Permit.
Clarify th at the
establishment, location,
expansion or alteration
of any multifamily
structures in all
multifamily residential
zones requires a Design
Review Permit.
Title 19
(Planning and
Zoning)
R-3 Zone Height
Standards
A discrepancy was found
within the h eight standards
for the R -3 zoning
designation, specifically the
R-3-M, R-3-T and R-3-G sub-
classifications. There is a
discrepancy between the
maximum story/building
height the Planning
Commission could approve,
and the minimum
story/building height
allowed in the R -3-H sub -
classification.
In addition, the R -3-L sub -
classification was missing
from the height standards
and now has been added to
the height standard s
outlined for the R -3-H sub -
classification.
1. Eliminate the story
height standard
entirely from the R -3
zone, to focus solely
on building height.
2. Add the R -3-L sub -
classification to the
height standard
outlined for the R-3-H
sub-classification.
Title 19
(Planning and
Zoning)
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Zoning Definition
Additions
An increasing number of
industrial uses from the last
five (5) years focus on: 1)
the transfer/movement of
good purchased on websites
and smartphone
applications such as
Amazon; and 2) flexibility of
businesses using large
industrial buildings to store
and/or sell manufacture d
goods.
Additionally, it was
recognized that no
definitions exist for: 1)
Interested P arty, regarding
the latter topic of project
appeals; and 2) Self-Storage
Facility.
Add the following
definitions to Title 19, to
align with pre -existing
and emerging b usiness
models/trends
specifically in industrial
zones, and, to address
uses not defined within
the Code:
E-Commerce
(Electronic
Commerce).
Fulfilment
Center.
Interested Party.
Self-Storage
Facility.
Warehousing
Facility.
Warehousing,
Logistics and
Distribution
Facility.
Warehousing
Sales, Retail.
Title 19
(Planning and
Zoning)
Process Improvements
Topic Issue Solution CVMC Location
Scheduling and Timing of
Public Hearings for
Project Appeals
Once a valid appeal
application has been
received, the City currently
has to set the public hearing
date within thirty ( 30)
calendar days.
Revise the process so
that once a valid appeal
application has been
received, the City has
thirty (30) calendar days
to generally set the
matter for public
hearing. Additionally,
that public hearing date
shall occur within sixty
(60) calendar days of
receiving a valid appeal
application.
Title 10
(Vehicles and
Traffic)
Title 12 (Streets
and Sidewalks)
Title 13
(Sewers)
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Title 14
(Watercourses
Title 15
(Buildings and
Construction)
Title 17
(Environmental
Quality)
Title 18
(Subdivisions)
Title 19
(Planning and
Zoning)
Title 21
(Historic
Preservation)
Short-Term Rental
Permits
Dwellings owned by active -
duty military members who
are deployed, sit vacant for
months on end. They can
instead be used to earn extra
income for deployed
families.
Separately, causes to deny
and/or issue a Short -Term
Rental Permit , and, to
modify, suspend, or revoke
an issued Permit , are
missing from this Chapter.
Expand the Short -Term
Rental Permit eligibility
requirements to include
active-duty military
members to utilize their
dwelling as a Short-
Term R ental while on
deployment.
Add r easons to deny
and/or issue a Short -
Term Rental Permit,
and, causes to modify,
suspend, or revoke an
issued Permit.
Title 5
(Business
Licenses, Taxes
and
Regulations)
Enforcement/Abatement
of Violations Within the
Public ROW
There is not enough clarity
regarding City enforcement
of violations within the
public ROW area, and
whether the responsibility
falls either on Code
Enforcement staff, or the
Police Department.
Change the enforcement
responsibility to reflect
that the Police
Department primarily
handles violations
within the street public
ROW area, and noise
violations. Code
Enforcement staff will
Title 12
(Streets and
Sidewalks)
Title 19
(Zoning)
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handle most private
property violations, and
also any that occur
between the property
line and curb area of the
public ROW.
The Oversight Committee was provided the draft Code amendments at their meeting on August 29, 2022, with final comments provided by September 9, 2022. After an in-depth discussion and conversation, specific feedback was given regarding public hearing dates for project appeals should occur no later than sixty (60) days from application filing, a higher maximum height standard for the R -3 zone, objective performance standards for large family daycare homes, and development standards for warehousing/distribution and self-storage uses. The first two items ar e reflected within this Code update. The two latter items will specifically be addressed in future Code updates. However, in general, the proposed draft revisions were met with support.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact to the General Fund or the Development Services Fund as a result of this action.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action.
ATTACHMENTS
Attachment 1: City Council Ordinance
Attachment 2: Planning Commission Resolution No. 2022-015 Attachment 3: Draft Amendment related to Department and Director Title Changes Attachment 4: Draft Amendment related to the removal of CVRC and DRC Attachment 5: Draft Amendment related to the addition of the Juneteenth Parking Holiday Attachment 6: Draft Amendment related to the removal of the Definition Section Numbers within Title 19 (Planning & Zoning)
Attachment 7: Draft Amendment related to the removal of Outdated Labels for Specific Population Groups Attachment 8: Draft Amendment related to Small & Large Family Day Care Homes Attachment 9: Draft Amendment related to Massage Parlors P a g e | 9
Attachment 10: Draft Amendment related to the Design Review Permit Requirements Attachment 11: Draft Amendment related to the R-3 Zoning Designation Height Regulations Attachment 12: Draft Amendment related to addition of new zoning-related definitions to Title 19 (Planning & Zoning)
Attachment 13: Draft Amendment related to the Scheduling and Timing of Public Hearings for Project Appeals
Attachment 14: Draft Amendment related to Short-Term Rental Permits Attachment 15: Draft Amendment related to Public ROW Enforcement
Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services Laura C. Black, AICP, Director of Development Services