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November 14, 2023
ITEM TITLE
Objective Design Standards: Amend the Municipal Code to Adopt the Objective Design Standards for Housing and Mixed-Use Projects to Comply with State Laws
Report Number: 23-0291
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 (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Place an ordinance on first reading amending Chula Vista Municipal Code Title 19 (Planning and Zoning) to add Section 19.58.460 (Objective Design Standards for Multi-Family Residential and Mixed-Use Projects), to clarify development regulations and align with State Laws. (First Reading)
SUMMARY
This item proposes amendments to the Chula Vista Municipal Code (“CVMC”) regarding the adoption of objective design standards to comply with several housing bills signed by the Governor over the past 6 years.
The state housing bills inten d to streamline affordable housing and mixed -use projects by allowing a ministerial review p rocess if all applicable criteria are met. These amendments allow for the City to have local control by establishing criteria for qualifying projects.
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 and modifications to the CVMC related to state law compliance, regarding objective d esign standards for certain streamlined housing and mixed -use projects.
The action of updating and modifying the CVMC with these changes will not result in a material intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC that are being updated.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Planning Commission: On October 11, 2023, the Planning Commission voted 4 -0 to adopt Resolution No. 2023-16 (Attachment 1), recommending that the City Council adopt an Ordinance approving the proposed amendments.
Development Oversight Committee: The Development Oversight Committee is comprised of developers, business owners, community organizations, engineers, ar chitects, and contractors. The Development Oversight Committee was provided with the proposed CVMC amendments at their meeting on July 19, 2023, and recommended approval of the proposed amendments.
DISCUSSION
Background
The development of the proposed objective design standards for Multi -Family Residential and Mixed -Use Projects is a City-initiated effort to develop standards to comply with and implement Senate Bill (“SB”) 35.
SB 35 requires cities and counties to streaml ine the review and approval of eligible affordable housing projects through a ministerial review process. The law also exempt s such projects from environmental review under CEQA. Further, SB 330 (2019), SB 6 (2022), and Assembly Bill 2011 (2022), were all approved by the Governor and require a ministerial review and approval of qualifying mixed -income and mixed-use projects on residentially- and commercially zoned lands.
Anticipating some California local jurisdictions might pass restrictive zoning and/or subjective design standards to prevent the ministerial approval of affordable, multi -family housing, the State Legislature specifically prohibited jurisdictions from passing such measures. Acknowledging that local jurisdictions, however, may still wish to control the look, scale, and size of affordable housing in their community, the State Legislature allowed for cities and counties to pass “objective design standards” by which all qualifying, ministerially approved projects must comply. If a jurisdiction does not have such standards, then qualifying projects would still need to be approved, but without input from the local jurisdiction on the project design.
An objective design standard is defined under Government Code Section 65913.4 as the following:
A standard that involves no personal or subjective judgment by a public official and that is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
The City of Chula Vista currently does not have objective design standards for residential projects outside of minimal standards for setbacks, height limits, and parking. However, these basic provisions do not ensure that neighborhoods are protected from the adverse impacts of unchecked development design. Therefore, there is a need to codify the standards and regulations the City would normally consider and make those standards a part of the building permit review. Under state law, qualifying multi -family residential and mixed-use projects cannot be subjected to a discretionary process with conditions of approval. Therefore, it is advisable for the City to incorporate objective design standards into the Chula Vista Municipal Code to be consistent with recent legislation.
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Draft Standards
The draft objective design standards (Attachment 2) are designed to address issues for new multi -family residential projects whether subject to a discretionary entitlement, or ministerial building and grading permits. The proposed standards address the following:
• Project Design (Setbacks, Height, Roof Materials, Equipment Screening, etc.) • Private and Common Open Space
• Landscaping
• Lighting
• Parking
• Walls and Fences
• Trash Collection/Storage
With the adoption of these standards, the City will be able to implement the State laws mandating ministerial approvals and streamlining while still retaining an appropriate level of oversight and guidance for development projects . The proposed objective design standards are intended to provide guidance and certainty to the development community , ensure future residents ben efit from a reasonable living environment, and protect neighborhoods from undue development impacts.
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
1. Planning Commission Resolution No. 2023-16
2. Draft Municipal Code Amendments
Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services Laura C. Black, AICP, Director of Development Services