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AGENDA ❑ COMMUNITY DEVELOPMENT COMMISSION
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Department: City Clerk Item No: C8
Prepared by: Kathy Valdez, City Clerk Meeting Date: August 23, 2022 Approved by: Patrick Johnson Agenda Location: Consent Calendar SUBJECT: SECOND READING OF CITY COUNCIL ORDINANCE APPROVING AN AMENDMENT TO CHAPTER 18.28 OF THE DEVELOPMENT CODE RELATED TO A SINGLE-ROOM
OCCUPANCY HOTEL USE
RECOMMENDATION: Adopt City Council Ordinance No. 2022- , approving an amendment to Chapter
18.28 of the Development Code related to a single-room occupancy hotel use.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On August 9, 2022, introduced City Council Ordinance No. 2022- , approving an amendment to Chapter 18.28 of the Development Code related to a single-room occupancy hotel use (Vote: 3-2, Contreras, Melendez opposed).
STATEMENT ON THE SUBJECT: In accordance with Vista Municipal Code Section 2.12.240.D, the ordinance is being presented to the City Council for a second reading and adoption since it did not receive the required four-fifths vote for adoption without a second reading. No amendments have been made to this ordinance since its introduction.
FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation.
EXHIBITS:
1. City Council Ordinance No. 2022- , approving an amendment to Chapter 18.28 of the Development Code related to a single-room occupancy hotel use
ACTION: Approved above recommendation, adopted City Council Ordinance No. 2022-13.
Vote: 3-2 (Contreras and Melendez opposed)
Clerk/Secretary
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ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 18.28 OF THE VISTA
DEVELOPMENT CODE REGARDING A SINGLE-ROOM OCCUPANCY
HOTEL USE
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.
B. The applicant, Vista International, has submitted an application for a zoning code amendment and special use permit to establish a single-room occupancy hotel (SRO) at 330 Mar Vista Drive. The zoning code amendment would specifically amend Chapter 18.28 of the Development Code, the R-1 Zone, to allow one SRO within the zone with a special use permit, which would be applicable to the project site at 330 Mar Vista Drive. The zoning code amendment is preferred over a zone change on the property because the proposal would preserve the underlying R-1 zoning on the project site at 330 Mar Vista Drive.
C. The proposed Development Code amendment would be consistent with the General Plan Land Use and Community Identity Element, policies 7.5 and 9.2, as well as the Housing Element, policies 2.1 and 2.3.
D. The proposed zoning amendment involves the adoption of zoning requirements for a single-room occupancy (SRO) hotel use and does not directly or indirectly authorize or approve any actual physical change in the environment. The proposed zoning amendment is not a project as defined by with California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21065 and CEQA Guidelines 15378 and therefore is not subject to CEQA pursuant to Guidelines section 15060(c)(3), and, pursuant to CEQA Guidelines section 15004, adoption of the proposed zoning code amendment is not the appropriate time to conduct environmental review.
E. The proposal includes a zoning amendment that limits the establishment of one SRO in the entire R-1 Zone in order to limit the impacts that multiple SRO uses may have upon adjacent residential uses and because SROs are permitted by right in the Commercial (C-2)Zone and, therefore, there are other permissible locations for a SRO use within Vista. This particular proposal is in the best interest of the City because it allows the conversion of an existing nonconforming motel use to a conforming SRO use. The conversion includes a special use permit with conditions intended to protect surrounding land uses. The alternative option of rezoning the property to C-2 would introduce the possibility of new heavier commercial uses on the site in the event the SRO ceases operation on the site in the future. New commercial uses on this site would not necessarily be compatible with the surrounding residential neighborhoods. Therefore, the proposal to amend the R-1 Zone to allow one SRO within the entire zone would better protect the public health, safety and welfare than the alternative of rezoning the site to a C-2 Zone designation.
EXHIBIT 1
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ORDINANCE NO. 2022-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
2. Code Amendment. Development Code Section 18.28.010, subsection H, is amended to add a new classification, as follows:
7. One single-room occupancy hotel within the zone, not to exceed 75 rooms exclusive of an onsite manager's residence."
3. Effective Date. This Ordinance shall be effective on the thirty-first day following the date of its adoption.
4. Adoption. INTRODUCED at a meeting of the City Council of the City of Vista held on August 9, 2022, and ADOPTED at a meeting held on August 23, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, ACTING CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Walter Chung
201606828109356
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