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June 11, 2024
ITEM TITLE
Comprehensive Code Update – Amendments to the Chula Vista Municipal Code Report Number: 24-0178
Location: No specific geographic location
Department: Development Services
G.C. § 84308: No
Environmental Notice : The Project qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Recommended Action
Conduct the public hearing and p lace an ordinance on first reading amending Chula Vista Municipal Code Title 8 (Health and Sanitation ), Title 12 (Streets and Sidewalks) , Title 13 (Sewers), Title 15 (Buildings and Construction), Title 18 (Subdivisions), and Title 19 (Planning and Zoning). (First Reading)
SUMMARY
This item consists of proposed amendments to the Chula Vista Municipal Code covering numerous topics that will help streamline and clarify permit processes/regulations and comply with State Law.
ENVIRONMENTAL REVIEW
The Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (“CEQA”) and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section 15 061(b)(3). The action of updating and modifying the Chula Vista Municipal Code 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 existing land use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and type of these procedural and clerical changes to the C hula Vista Municipal Code, there is a certainty that there is no possibility that the action may have a significant effect on the environment.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On May 8, 2024, the Planning Commission considered the proposed amendments to the Chula Vista Municipal Code. At the hearing, staff withdrew an item from consideration. Attachment 14 of the Planning Commission Report was removed from consideration to allow staff additional time to work on the proposed changes within the Urban Core Specific Plan. Staff will bring the item back at a future date. All remaining code amendments contained in the Planning Commission Report were considered at the hearing.
The Planning Commission voted 6-0-0 to adopt Resolution No. 2024-09 (Attachment 1), recommending the City Council adopt an ordinance approving the C hula Vista Muni cipal Code (“CVMC” or the “Code”) amendments with the following recommended changes , with staff’s response provided below each recommended change:
Senate Bill (SB) 9 Urban Lot Splits
Removal of the owner-occupancy requirement reflected in CVMC section 19.58.450(E)(11) (Attachment 4).
Staff response: Staff does not support this recommendation until the resolution of the legal case emanating from an April 22, 2024, Los Angeles Superior Court decision (City of Redondo Beach, et al., v. Rob Bonta, in his c apacity as California Attorney General, Case No. 22STCP1143).
Accessory Dwelling Units (ADUs)
Removal of the “50 percent of the primary house” and “whichever is greater” language in CVMC section 19.58.022(C)(3)(a), clarifying the City’s intent in setting maximum sizes of studio/one-bedroom ADUs at 850 square feet, and 1,000 square feet for ADUs with more than one bedroom (Attachment 5).
Staff response: Staff supports this recommendation. The updated language is reflected in Attachment 5 of the report.
Removal of the owner -occupancy requirement reflected in CVMC section 19.58.022(C)(12) (Attachment 5).
Staff response: Staff supports this recommendation. The updated language is reflected in Attachment 5 of the report. The change to CVMC section 19.58.022(C)(12) brings the Chula Vista Municipal Code into compliance with Assembly Bill 976 which prohibits local agencies from requiring an owner occupy the primary dwelling or ADU.
Design Review Permit Thresholds
Updating the decision-maker threshold of a Zoning Administrator decision and a Planning Commission decision fro m projects containing 10 residential units, or more, and non- residential use projects of 20,000 square feet, or more, to projects containing 80 residential units, or more, and non-residential use projects of 50,000 square feet, or more (Attachment 15).
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Staff Response: Staff does not support this recommendation. Staff’s original recommendation of threshold s consisting of projects containing 200 residential units, or more, and non- residential use projects of 100,000 square feet, or more, requiring a Planning Commission decision is reflected in Attachment 15 of the report.
DISCUSSION
Background
On March 7, 2023, the City Council adopted an ordinance approving the first comprehens ive update to the CVMC within the last few years, amending primarily Title 19 and other various titles within the Code . The proposed revisions in this comprehensive code update aim to further streamline and clarify permit processes/regulations, fix outdated references, and comply with State Law.
Proposed Amendments
A list of the proposed code amendments can be found in Table 1. Each individual item is grouped into four (4) broader categories: Jurisdictional/Procedural, State Law Compliance, Land Use and Development, and Process Improvements.
“Jurisdictional/Procedural” includes revisions to jurisdictional or procedural changes. This includes the following items: 1) Clarifying the permitting authority within the public right-of-way within Title 12; and 2) Clarification on items being heard at any City Council Meetings to be consistent with the City Charter. “State Law Compliance” includes revisions for State Law compliance. This includes the following items: 1) Dwelling unit allowances under Senate Bill 9 Urban Lot Splits; and 2) ADU size requirements, pursuant to Government Code section 66321.
“Land Use and Development” covers revisions within Title 19 to use or development standards. This includes the follow ing items: 1) Electric Vehicle Sales and Services ; 2) R -3 Zoning Designation Density Requirements; 3) Temporary and Permanent Storage Containers; 4) Recreational Vehicle Storage and Habitation; and 5) Home Occupations (home-based businesses). “Process Improvements” includes updates to existing processes for projects and/or permits. This includes the following items: 1) Substantial Conformance Review; 2) Use Determinations; 3) Planned Sign Program Approval Authority; 4) Coastal Development Permit and Design Review Permit Approval Findings; 5) Design Review Permit Requirements; 6) Rebuilding Non-Conforming Structures; 7) Initiating Amendments to Policy Documents; and 8) Development Project conformance with the City’s Trash Hauling Requirements.
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Table 1 – Proposed Municipal Code Amendments
Jurisdictional/Procedural
Topic Issue Solution CVMC
Location
Public Right-of-
Way Permitting
Authority
Permits pertaining to the
public right-of-way are issued
by the Development Services
Department. This may require
consultation with the
Engineering Department,
overseen by the City Engineer,
in charge of capital/street
improvement projects.
Include a designee in addition
to the City Engineer as having
the authority for issuance of
public right-of-way permits.
Title 12
(Streets and
Sidewalks)
Scheduling Items
for City Council
Meetings
The City’s Charter [307 ( C)]
was recently adopted allowing
any Council action that may be
taken at a "regular" Council
meeting may also be taken at a
"special" Council meeting.
Revise the applicable Code
Titles, to be consistent with
the City Charter.
Title 8 (Health
and
Sanitation)
Title 12
(Streets and
Sidewalks)
Title 13
(Sewers)
Title 15
(Buildings
and
Construction)
Title 18
(Subdivisions)
Title 19
(Planning and
Zoning)
State Law Compliance
Topic Issue Solution CVMC
Location
Senate Bill 9 Urban
Lot Splits
State Senate Bill 9 allows for
an Urban Lot Split Parcel Map
(“Parcel Map”), resulting in
the subdivision of two parcels
from a single-lot zoned either
R-1 or R-E. However: 1) the
location of the allowed unit
count as part of the Urban Lot
Split Parcel Map is under a
Change the location in the
Code as well as clarify the
language.
Title 19
(Planning and
Zoning)
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different Code Sub-Section
than it should be; 2) the
language itself explaining the
number of units allowed after
the Parcel Map is approved,
needs to be clarified that a
maximum of four (4) units are
allowed, spread over the
resulting two (2) new parcels.
ADU Size
Requirements
Pursuant to Government Code
section 66321, no jurisdiction
shall allow an attached ADU
to be smaller than 850 square
feet for a studio or one-
bedroom unit, and 1,000
square feet for a unit having
more than one bedroom. The
wording of the Municipal
Code creates confusion on
ADU allowed sizes.
Revise the applicable Code
section to remove the “50
percent” and “whichever is
greater language,” to be
consistent with Government
Code section 66321.
Title 19
(Planning and
Zoning)
Land Use & Development
Topic Issue Solution CVMC
Location
Electric Vehicle
Sales and Services
The use does not have a
definition, and, is not listed as
a permitted, conditionally
permitted, or unpermitted use
anywhere within the Code.
Add Electric Vehicle Sales and
Services as a permitted use
within the C-T (Commercial-
Thoroughfare) and I-L
(Limited Industrial) zones.
These zones currently allow
for businesses selling
gasoline-power vehicles.
Title 19
(Planning and
Zoning)
R-3 Zoning
Designation
Density
Requirements
Calculating density on a
property is dictated by the
associated General Plan land
use designation and the
property’s size. However, the
R-3 (Apartment-Residential)
zoning designation is the only
residential zoning designation
in the Code that has a
different way to calculate
density.
Remove the density
calculation and gross/net
density definitions from the
R-3 zone to be consistent with
all other residential zones in
the Code.
Title 19
(Planning and
Zoning)
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Temporary and
Permanent
Storage Containers
There are no standards in the
Code that speak to the usage
of temporary and permanent
storage containers.
Add a new section containing
standards for temporary and
permanent storage containers.
Title 19
(Planning and
Zoning)
Recreational
Vehicle Storage
and Habitation
Residential property owners
can store recreational
vehicles and/or trailers on
their property. There is not a
specified number of how
many recreational vehicles
can be stored on a property
within the Code, leading to
Code Enforcement difficulties.
Add additional language in
the Code 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.
Title 19
(Planning and
Zoning)
Home Occupation
Business
Regulations
Residential property owners
can operate a business out of
their home, typically called a
home occupation. Said
businesses are to comply with
standards that typically
answer to its compatibility
with surrounding residential
uses. The Code is currently
silent on how should be
accomplished.
Add additional standards for
home occupations (home-
based businesses) to ensure
residential neighborhood
compatibility.
Title 19
(Planning and
Zoning)
Process Improvements
Topic Issue Solution CVMC
Location
Substantial
Conformance
Review
When a discretionary permit
(for example - Design Review
Permit) is approved,
sometimes minor
modifications need to be
made after the approval to
due changes in circumstances
not anticipated during the
original approval. The Code is
currently silent on this topic.
Add a Section for Substantial
Conformance Review.
Title 19
(Planning and
Zoning)
Use
Determinations
The Zoning Administrator is
granted the authority within
the Code to make a Use
Determination, for any use
that is not listed with a
particular zoning designation,
and what permitting process
should be followed. There
Add additional procedural
language that will allow the
Zoning Administrator wider
authority to allow unlisted
land uses in different zones
subject to specific findings
being made.
Title 19
(Planning and
Zoning)
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currently is not language that
allows that same Use
Determination to apply to
more than one zoning
designation.
Planned Sign
Programs
The Code currently specifies
that the Planning Commission
shall either approve or deny
Planned Sign Programs. This
causes unnecessary delays for
a minor permit type.
Revise the processing
guidelines for Planned Sign
Programs, to have the
decision purview to fall under
the Zoning Administrator.
This will ensure efficiencies
for this minor permit type.
Title 19
(Planning and
Zoning)
Permit Findings
for Approval
The Code currently does not
have findings of approval
pertaining to Design Review
Permits and Coastal
Development Permits.
Add findings of approval for
Design Review Permits and
Coastal Development Permits.
Title 19
(Planning and
Zoning)
Design Review
Permit
Requirements
If small architectural features
(for example, patio covers and
shade structures) are
proposed on a residential or
non-commercial structure, it
requires a discretionary
(Design Review) permit,
rather than a building permit.
Additionally, the non-
residential square footage and
dwelling unit amounts to
distinguish between Zoning
Administrator/Administrative
Review and Planning
Commission decision are too
low. This causes smaller
projects to have a longer city
review process/approval
timeline.
Currently, Residential
projects of 10 units, or more,
require Planning Commission
decision. Non-residential
projects of 20,000 square feet,
or greater, require a Planning
Commission decision
Revise the Design Review
Permit Applicability
Requirements to have small
architectural features
reviewed with the building
permit (removal of Design
Review requirement) and
change square footage and
dwelling unit thresholds for
Zoning Administrator versus
Planning Commission review
of Design Review Permits.
New thresholds:
- Residential project of
200 units, or more,
require a Planning
Commission decision.
- Non-residential
projects of 100,000
square feet, or greater,
require a Planning
Commission decision.
The change in thresholds
would not remove any public
noticing component or the
ability to appeal a Zoning
Administrator decision to
Planning Commission.
Title 19
(Planning and
Zoning)
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Rebuilding Non-
Conforming
Commercial
Structures
If a property owner wants to
rebuild a previously non-
conforming commercial
structure in the same location
and at the same size, they
would not be able to do so
unless the structure incurred
60 percent or more damage
resulting from an “Act of God.”
Revise the Code to allow a
previously non-conforming
nonresidential structures
and/or uses, to be
reconstructed subject to
certain conditions.
Title 19
(Planning and
Zoning)
General
Plan/Policy
Document
Initiation Process
The Code provides for a
General Plan Initiation
process for 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.
This process was previously
instituted through a model
that the City of San Diego uses
and has not been successful in
the City and causes confusion
for applicants and decision
makers when attempting to
utilize this Code provision.
Repeal Code sections
19.14.800 to 850, to remove
the process entirely.
Title 19
(Planning and
Zoning)
Trash Hauling
Requirements for
Development
Projects
During a project’s entitlement
review, a key component of
the design and layout
planning process is
accommodating trash
enclosures, and the safe
maneuvering for trash,
recycling, and green waste
pick up from oversized
vehicles.
Add a section in the Code
stating that a Project shall
conform with the City’s
Recycling and Solid Waste
Planning Manual.
Title 19
(Planning and
Zoning)
Development Oversight Committee
In 2009, the Development Oversight Committee (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. Staff has convened the Oversight P a g e | 9
Committee more frequently over the last year and a half, and bi -monthly over the past six months, to assist staff in identifying areas of the Code needing updates or revisions.
The Oversight Committee was provided with the draft Code amendments at their meeting on January 17, 2024, and approved the proposed amendments.
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. 2024-09
2. Draft Amendment related to Public Right-of-Way Permitting Authority
3. Draft Amendment related to Scheduling Items for City Council Meetings
4. Draft Amendment related to Senate Bill 9 Urban Lot Splits
5. Draft Amendment related to Accessory Dwelling Unit Size Requirements
6. Draft Amendment related to Electric Vehicle Sales and Services
7. Draft Amendment related to the R-3 Zoning Designation Density Requirements
8. Draft Amendment related to Temporary and Permanent Storage Containers
9. Draft Amendment related to Recreational Vehicle Storage and Habitation
10. Draft Amendment related to Home Occupation Business Regulations
11. Draft Amendment related to Substantial Conformance Review
12. Draft Amendment related to Use Determinations
13. Draft Amendment related to Planned Sign Programs
14. Findings for Approval for Design Review Permits and Coastal Development Permits
15. Draft Amendment related to Design Review Permit Requirements
16. Draft Amendment related to Rebuilding Non-Conforming Commercial Structures
17. Draft Amendment related to Initiating Amendments to Policy Documents
18. Draft Amendment related to Trash Hauling Requirements for Projects
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Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services Laura C. Black, AICP, Director of Development Services