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Item 8.1 - Comprehensive Code Update.pdf

Chula Vista City Council
June 11, 2024

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Item 8.1 - Comprehensive Code Update.pdf
Meeting
June 11, 2024
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Chula Vista City Council
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Municipal Code Update
1 City Council
Item 8.1
June 11, 2024
Proposed Amendments
Four (4) Categories
• Jurisdictional/Procedural
• State Law Compliance
• Land Use and Development
• Process Improvements

Stakeholder Engagement
Development Oversight Committee
• Convened on January 17, 2024;
approved proposed changes
Planning Commission
• Regular meeting on May 8, 2024;
voted 6-0-0 with modifications

Topic: Public Right-of-Way Permitting Authority
Procedural
Issue –> Requires action solely by
the City Engineer to approve public
right-of-way permits for capital
improvement projects.

Solution –> Include a designee in
addition to the City Engineer,
regarding the permitting authority
for public right-of-way permits.

Topic: Scheduling Items for City Council Meetings
Issue –> Some Code sections conflict with amended
City Charter and still require some items to be heard
“solely” at a regular City Council meeting.

Solution –> Revise multiple CVMC Titles to provide
more flexibility in scheduling items for City Council
consideration.

Procedural

Topic: Senate Bill 9 Urban Lot Splits
Issue –> Confusion as to the total number of State
Senate Bill 9 (SB9) units allowed on a lot; and not
reflected in all appropriate CVMC Subsections.

Original Recommendation –> Clarify the language
throughout the Code on number of allowable SB9 units.

Planning Commission Hearing –> Added
removal of owner-occupancy requirement.

New Recommendation –> Support unit number
clarification, but not removal of owner occupancy
requirement until legal case outcome.
(April 22, 2024: City of Redondo Beach, et al., v. Rob Bonta).

State Law Compliance

Topic: Accessory Dwelling Unit (“ADU”) Size Requirements Issue –> If a primary dwelling unit is 2,000 square feet or larger, current Code language could result in large ADUs.

Original Recommendation –> Remove “whichever is
greater” language in the Code regarding attached
ADU size.

Planning Commission Hearing –> Added removal of
“50 percent of the primary house” language for attached ADUs and removal of ADU owner-occupancy
requirement.

New Recommendation –> Support additional
amendments:
1) attached ADU size max. is 850 or 1,000 square feet
2) comply with AB976 (owner occupancy removal)
State Law Compliance

Topic: Electric Vehicle Sales and Services
Issue –> Electric Vehicle Sales and Services is not listed as a permitted, conditionally permitted, or
unpermitted uses anywhere within Title 19.

Solution –> Add Electric Vehicle Sales and Services
as a permitted by right use within the C-T
(Commercial-Thoroughfare) and I-L (Limited
Industrial) zoning designations.

Land Use & Development

Topic: R-3 Zoning Designation Density Requirements
Issue –> The Code calculates density for
the R-3 zone differently than all other
sections of the Code causing confusion.

Solution –> Remove density
calculation and associated
definitions from the R-3 zone for
consistency with other residential
zones.

Land Use & Development

Topic: Temporary and Permanent Storage Containers
Land Use & Development
Issue –> No standards exist speaking to usage of
temporary and permanent storage containers.

Solution –> Add a new Section containing standards
for temporary and permanent storage containers.

Topic: Recreational Vehicle Storage and Habitation
Land Use & Development
Issue –> No specified number of
recreational vehicles that can be stored
on a property within the CVMC.

Solution –> Add additional language in
CVMC allowing no more than a total of
two (2) motorhomes or camping trailers
at any time on a residentially-zoned
property, or a property with a
residential use.

Topic: Home Occupation Business Regulations
Land Use & Development
Issue –> Home occupations need to be compatible
with surrounding residential uses. The CVMC is
currently silent on how to comply.

Solutions –> Add additional standards for home
occupations to ensure residential neighborhood
compatibility.

Topic: Substantial Conformance Review
Issue –> No procedures to
approve minor modifications to
discretionary permits.

Solution –> Add a section for
Substantial Conformance
Review with guidelines for
when and how it is applied.

Process Improvements

Topic: Use Determinations
Issue –> Zoning Administrator has limited
authority to make a Determination of Use
decisions for any use not listed in a zone
but cannot determine what zones such a
determination applies to.

Solution –> Add additional procedural language
for Determinations of Use giving
the Zoning Administrator more authority in how
determination is applied in zones.

Process Improvements

Topic: Planned Sign Programs
Issue –> Because Planning Commission must approve
or deny all Planned Sign Programs, Applicant
frustration arises over cost and lengthy hearing
timeframes for minor permit type.

Solution –> Revise Planned Sign Program processing
guidelines to have decision purview fall under the
Zoning Administrator.

Process Improvements

Topic: Permit Findings for Approval
Issue –> No findings of approval listed in the Code
pertaining to Design Review Permits and Coastal
Development Permits.

Solution –> Add findings of approval for Design Review
Permits and Coastal Development Permits.

Process Improvements

Topic: Design Review Permit Requirements
Issue: Design Review is too costly and lengthy for some types of minor projects; additionally, review thresholds are too low.

Original Recommendation –> Change thresholds to 200 residential units or more; and non-residential projects more than 100,000 square feet.

Planning Commission Hearing –> Change thresholds to 80 residential units or more; and non-residential projects more than 50,000 square feet.

New Recommendation –> Not supportive of revised thresholds. Original staff recommendation remains.

Process Improvements
Topic: Rebuilding Non-Conforming Commercial Structures
Issue –> Rebuilding a previously non-conforming commercial structure in the same location and is the same size would not currently be possible – only allowed if the structure incurred 60 percent or more damage resulting from an “Act of God.”
Solution –> Revise the Code to have a previously non-conforming nonresidential structures be able to be reconstructed subject to certain conditions.

Process Improvements

Topic: General Plan/Policy Document Initiation Process
Issue –> General Plan Initiation process currently allows private citizens to initiate a process directly to the City Council, to amend certain policy documents such as the
General Plan, Sectional Planning Areas, Specific Plans, etc.

Solution –> Repeal Code Sections 19.14.800 to 850.

Process Improvements

Topic: Trash Hauling Requirements for
Development Projects
Issue –> Project reviews must accommodate trash enclosures, and the safe maneuvering for trash, recycling, and green waste pick-up from oversized vehicles.

Solution –> Add a Section stating a Project shall conform with the City’s Recycling and Solid Waste Planning Manual.

Process Improvements

Senate Bill 9–> Not supportiveof removing owner occupancy requirement, pending outcome of LA County Superior Court decision.

Not included.

Accessory Dwelling Units –> Supportive of changing attached ADU size regulations and removal of owner occupancy requirement, for both clarity and State Law compliance purposes. Included.

Design Review Permits–> Not supportiveof changing permit thresholds. Not Included. Original
Staff proposed thresholds are included.

Planning Commission Changes

RECOMMENDATION
Approve the Ordinance.

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