HomeMy WebLinkAbout2013/06/11 Item 17CITY COUNCIL
AGENDA STATEMENT
~~~ CITY OF
CHULA VISTA
JUNE 11, 2013, Item ~7
ITEM TITLE: PUBLIC HEARING: CONSIDERATION OF
AMENDMENTS TO THE CITY OF CHULA VISTA
MUNICIPAL CODE TO CONSOLIDATE THE DUTIES OF
THE PLANNING COMMISSION AND DESIGN REVIEW
BOARD (City Initiated) (PCM-13-09)
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTER 2.42 REGARDING THE RESPONSIBILITIES
OF THE PLANNING COMMISSION; RESCINDING
CHAPTERS 2.47 (DESIGN REVIEW BOARD) AND
CHAPTER 2.55 (CHULA VISTA REDEVELOPMENT
CORPORATION) AND REMOVING REFERENCES TO
THE DESIGN REVIEW BOARD AND CHULA VISTA
REDEVELOPMENT CORPOR~Af~TI/ON THEREIN
SUBMITTED BY: ASSISTANT CITY MANAGE>~EVELOPMENT SERVICES
DIRECTOR
REVIEWED BY: CITY MANAGER
ASSISTANT/DEP TY CITY MANAGE
4/STHS VOTE: YES ~ NO ~X
SUMMARY
As a result of the process improvements that the City Council adopted in April 2010,
Council directed staff to review the functions and duties of the Design Review Board and
Planning Commission and to determine if the responsibilities of the two groups should be
merged. After seeking input from the Planning Commission along with members of the
Design Review Board, staff is now returning with an ordinance that would transfer the
design review responsibilities currently under the purview of the Design Review Board to
the Planning Commission. The proposed ordinance also removes references to the Design
Review Board from various sections of the Municipal Code. As a clean-up to the City
Council dissolution of the Chula Vista Redevelopment Corporation (CVRC), the ordinance
removes all references to the CVRC from the Municipal Code.
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JUNE 11, 2013 Item
Page 2 of 4
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378(b)(5) of the State CEQA
Guidelines because it involves only a change to the Planning Commission's
responsibilities and therefore is an organizational or administrative activity of
government that will not result in a direct or indirect physical change in the
environmental; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no envirorunental review is necessary.
RECOMMENDATION
That the City Council adopt the proposed ordinance.
BOARDS/COMMISSION RECOMMENDATION
At their May 22, 2013 meeting, the Planning Commission voted 6-0-0 to approve
Resolution PCM 13-09 recommending that the City Council approve the consolidation of
the Planning Commission and the Design Review Board duties, and remove references to
the Design Review Boazd (DRB) and Chula Vista Redevelopment Corporation (CVRC)
from the Municipal Code.
DISCUSSION
Backeround
In accordance with Chapter 2.42, the Planning Commission (PC) serves as the planning
agency for the City. It guides the preparation of the General Plan and makes
recommendations to the City Council about the General Plan. It evaluates physical
development in the City, conducts public heazings on significant planning, zoning, and
]and subdivision matters and it recommends action and policy to the City Council related
to major land use matters.
The Design Review Boazd's (DRB) purpose is to ensure that development within the City
of Chula Vista is orderly and of a high quality. The DRB is responsible for ensuring that
development is consistent with the City's design guidelines through its review of exterior
plans for the establishment, location, expansion or alteration of multi-family residential
uses and structures and all non-residential uses and structures. Their review process is
limited to site plans, elevations, signs, landscape azeas and materials.
The DRB was established in 1977 in part to relieve the PC of certain routine functions
necessary to the proper administration of the newly adopted Chapter 19.14,
Administrative Procedures -Permits -Applications - Heazings -Appeals. Chapter
19.14 is the framework for administering the City's Design Guidelines. The Design
Guidelines were established in1994 in part because the Council wanted to intensify the
City's efforts to improve its townscape, and to promote orderly growth and amenities.
The membership of the DRB with citizens who were knowledgeable of and sensitive to
design considerations helped to successfully administer the Guidelines.
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.TUNE 11, 2013 Item
Page 3 of 4
Through the yeazs of significant development in the City beginning azound 1998, the
DRB and PC met twice a month and regularly with full agendas. With the decline in
development since 2006, the level of projects being reviewed by both bodies has
dropped. In addition, the implementation of the 2010 Process Improvement Amendments
resulted in the Zoning Administrator (ZA) now handling more of the projects that were
previously considered by the PC or DRB. The Process Improvements Amendments also
introduced the "Consolidated Hearing" process, which allows projects that previously
would have been heard by multiple bodies to be consolidated into one hearing by the
highest decision making body. As a result, the frequency of the meetings and the
number of items on the agendas for the DRB has declined.
Current Membership Requirements for PC and DRB
In accordance with the City's Charter, the requirements for membership on the PC are
consistent with most of the other Boards and Commissions in the City. Members must be
City residents and over 18 yeazs old. The requirements for membership on the DRB aze
that members must be sensitive to design consideration and interested in townscape
matters. Membership of the DRB shall include azchitects, landscape architects, land
planners, and other design professionals with suitable experience.
Overview of Proposed Amendments
The following is a description of the major points in the proposed amendments. The
proposed amendments are consistent with the Process Improvements Amendments. The
proposed amendments also acknowledge the need for individuals who have knowledge
about design and townscape to be appointed to at least three of the Planning Commission
seats.
Proposed PC Membership Qualifications to Address Desieri Expertise
No changes aze proposed to the number of Planning Commissioners which currently is
seven. Although Commissioners are not currently required to have specific expertise,
staff recommends that at least three PC members should be persons sensitive to design
consideration and interested in townscape matters such as architects, landscape architects,
land planners, urban planners, civil engineers and other design professionals with suitable
experience. This will ensure that the PC has the necessary expertise to assume the role
currently held by the DRB. Accordingly, amendments to Chapter 2.42 are proposed.
Next Steps to Merge the PC and DRB
If the City Council desires to merge the PC and DRB, staff's suggested approach would
be to merge the membership of the two groups as they stand today under the title of the
Planning Commission. The DRB currently has two remaining sitting members. One
member's term expires on June 30, 2013. The other's term expires on June 30, 2014. As
of June 30, 2013 the PC will have two openings. The DRB members were appointed
under the same process the City Council uses for Planning Commission appointments.
Both DRB members have indicated a desire to be appointed to the Planning Commission.
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JUNE 11, 2013 Item ~7
Page 4 of 4
Staff recommends that the City Counci] consider the qualifications of two existing DRB
members and move forward to appoint them both to the Planning Commission.
Other Minor Clean-Up Chances to the Municipal Code
In 2011 the City Council directed staff to move forwazd with the dissolution of the Chula
Vista Redevelopment Corporation (CVRC). In accordance with that direction, on
December 12, 2011 staff brought forwazd a Dissolution Resolution to the CVRC.
Although the CVRC was dissolved, references to the CVRC were not removed from the
Municipal Code. Various amendments have been included in the proposed Ordinance to
remove the references to the CVRC.
CONCLUSION
Combining the duties of the Design Review Board and Planning Commission aze
consistent with the City's goal of operating efficiently. The quantity of development
projects going through the discretionary entitlement process has reduced dramatically due
to declining development levels and 2010 process improvements. Therefore, staff
believes that the merging of the responsibilities of the two bodies into one is appropriate
at this time.
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 nrle found in California Code of
Regulations Section 18704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
The proposed action will not take effect during the current fiscal year's budget because
the changes aze not scheduled to go into effect until next fiscal year.
ONGOING FISCAL IMPACT
The proposed action will result in a reduction in the administrative costs associated with
the Design Review Board.
ATTACHMENTS:
1. Proposed Ordinance -Strike-out/Underline
Prepared by: Marilyn Ponseggi, Principal Planner, Development Services Department Adv Planning
17-4
ATTACHMENT 1
ORDINANCE NO. 2013 -
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTER 2.42 REGARDING THE
RESPONSIBILITIES OF THE PLANNING
COMMISSION; RESCINDING CHAPTERS 2.47
(DESIGN REVIEW BOARD) AND CHAPTER 2.55
(CHULA VISTA REDEVELOPMENT
CORPORATION) AND REMOVING REFERENCES
TO THE DESIGN REVIEW BOARD AND CHULA
VISTA REDEVELOPMENT CORPORATION
THEREIN
WHEREAS, the City Council created the Design Review Board in 1977 in order
to relieve the Planning Commission of certain routine functions necessary to implement
the City's newly adopted Design Review Procedures known as Chula Vista Municipal
Code (CVMC) Chapter 19.14; and
WHEREAS, the City Council also wanted to intensify the City's efforts at that time
to improve its townscape, and to promote orderly growth and amenity; and
WHEREAS, the Design Review Board's duties primarily govern the
implementation of design review procedures for permits, applications and hearings; and
WHEREAS, through the years of significant development in the City, the Design
Review Board and the Planning Commission met twice a month and regularly had full
agendas; and
WHEREAS, with the decline in development since 2006, the level of projects
being reviewed by both bodies has dropped; and
WHEREAS, the implementation of Process Improvement Amendments to the
Zoning Code has resulted in the Zoning Administrator now handling more of the projects
that were previously reviewed by the Planning Commission or Design Review Board;
and
WHEREAS, as a result of the Process Improvement Amendments, the frequency
of the meetings and the number of items on the agendas for both the Planning
Commission and Design Review Board has declined; and
WHEREAS, consolidating the responsibilities of the Design Review Board and
the Planning Commission as proposed will be beneficial to furthering the goals of the
Process Improvement Amendments; and
WHEREAS, in 2011 the City Council voted to dissolve the Chula Vista
Redevelopment Corporation (CVRC); and
17-5
and
WHEREAS, on December 12, 2011 the CVRC passed a Dissolution Resolution;
WHEREAS, there are numerous references to the CVRC through the City's
Municipal Code that need to be removed; and
WHEREAS, the Planning Commission held a duly noticed public hearing to
consider the subject action at the time and place as advertised, namely May 22, 2013 at
6 p.m. in the Council Chambers, 276 Fourth Avenue, and approved Resolution PCM-
13-09 recommending that the City Council adopt the proposed Ordinance; and
WHEREAS, the City Council held a duly noticed public hearing to consider the
subject action at the time and place as advertised and said hearing was thereafter
closed.
NOW THEREFORE BE IT ORDAINED, that the City Council of the City of Chula
Vista does hereby find and determine as follows:
Section I. Environmental Determination
The activity is not a "Project" as defined under Section 15378(b)(5) of the State
CEQA Guidelines because it involves only an organizational or administrative activity of
government that will not result in a direct or indirect physical change in the
environmental; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no environmental review is necessary.
Section II. Consistency with General Plan
The City Council finds that the proposed amendments of the Municipal Code are
consistent with the City of Chula Vista General Plan. The proposed code amendments
are based on sound planning principles and practices that will provide for design review
of projects in accordance with the goals and policies of the General Plan.
BE IT FURTHER ORDAINED, that the Chula Vista Municipal Code is hereby
amended as follows:
Section III.
Amend Chula Vista Municipal Code Chapters 2.25, 2.42, 2.47, 2.55, 15.44,
15.56, 18.08, 19.06, 19.07, 19.14, 19.28, 19.30, 19.42, 19.44, 19.46, 19.47, 19.54,
19.56, 19.58, 19.60 and 19.62 to delete references to the Design Review Board and
Chula Vista Redevelopment Corporation, modify the membership requirements for the
Pg•
Ordinance Rescinding
Chapter 2.47
Attachment 1
17-6
Planning Commission and where appropriate add references to the Planning
Commission as described below:
Chapter 2.25
General Rules for Boards and Commissions
Section 2.25.020 Definitions.
B. "Boards and commissions" include: (1) boards and commissions established by the
Chula Vista Charter: Board of Library Trustees, Civil Service Commission, Parks and
Recreation Commission, and Planning Commission; and (2) boards and commissions
established by the City Council: Access Appeals Board, Board of Appeals and Advisors,
Board of Ethics, Charter Review Commission, Child Care Commission, Commission on
Aging, Cultural Arts Commission, ^°°~^^ °°~~~^~•~ °^°~~ Economic Development
Commission, Growth Management Oversight Commission, Housing Advisory
Commission, Human Relations Commission, International Friendship Commission,
Mobilehome Rent Review Commission, Resource Conservation Commission, Safety
Commission, Veterans Advisory Commission, and other boards or commissions
subsequently created by City Charter or ordinance.
Chapter 2.42
Planning Commission
Section 2.42.030 Membership.
In accordance with Charter Section 605, the Planning Commission shall consist of
seven members to be appointed by the City Council from the registered voters of the
City. The number of members to comprise the Commission may be changed by
ordinance of the City Council; however, the number may be set at no fewer than five
and no more than nine.
A minimum of three (3) members of the Planning Commission should be persons
sensitive to design consideration and interested in townscape matters. Persons
qualified for these seats should include architects, landscape architects, land planners,
urban planners, civil engineers and other design professionals with suitable experience.
Chapter 2.47
Design Review Board
Repealed
Repealed
Chapter 2.55
Chula Vista Redevelopment Corporation
pg. 3
Ordinance Rescinding
Chapter 2.47
Attachment 1
17-7
Chapter 15.44
Moving, Relocating and Demolishing Buildings
Section 15.44.030 Application for permit.
A. Whenever an existing building, house or structure is moved from its present location
outside the City to a new location within the City, or from one location within the City to
another location within the City, the house mover or other person, firm or corporation
moving a house, building, or structure shall, prior to moving, file an application for a
moving permit with the Building and Housing Department. Said application shall contain
the following information:
5. Multifamily projects shall be processed through the ^^°c~ •., oo,~~
Planning Commission, as provided under CVMC 19.28.180 and 19.28.190. The
fee shall be as specified in the master fee schedule;
Chapter 15.56
Conversion of Dwelling Units to Independent Ownership
Section 15.56.020 (G).
Condominium projects shall comply with the guidelines of the design manual of the city,
and shall be reviewed by the ~°c'.;^ re.,,,.. ,,,,,,,,^~~ Planning Commission, except
where condominium projects are located with the Chula Vista Town Centre No. I
redevelopment project area, in which case the guidelines of the Town Centre design
manual shall govern, and the reviewing body shall be the T°..~^ ^°^tr° c'ec'
.y.. ~.,.,~..
beafd Planning Commission.. Notwithstanding the provisions of this subsection, the
property owner shall not be required to make major structural or spatial changes to
existing buildings.
Chapter 18.08
Definitions
Section 18.08.070 Commission
"Commission" means the Planning Commission of Chula Vista ^~+h° rti, ~.. ~~;~+..
Ym
Chapter 19.06
General Plan
Section 19.06.030 Implementation of
Projects shall be deemed to be substantially processed where the property owners have
procured approved tentative subdivision or parcel maps, building permits, conditional
pg. 4
Ordinance Rescinding
Chapter 2.47
Attachment 1
17-8
use permits, or ^'^~~^^ •°~•~°•~• ^^^~^,~*'°° Planning Commission approvals, in
furtherance of the proposed projects. The zoning administrator, furthermore, may deem
that projects have been substantially processed where the involved property owners
have submitted tentative subdivision or parcel maps or applications for design review,
but are awaiting consideration by the appropriate city agency or official, as well as
projects which have been submitted to the planning department for design review
consideration not more than six months prior to the adoption of the general plan. The
property owner shall provide evidence to the zoning administrator not more than 90
days after the general plan adoption that the submittal of project plans has occurred
within the aforementioned specified period to qualify for this provision.
Chapter 19.07
Specific Plans
Section 19.07.030 Zoning implementation thereof.
Projects shall be deemed to be substantially processed where the property owners have
procured approved tentative subdivision or parcel maps, building permits, conditional
use permits, or''^~~^^ ~°~^°••• ^^°,^~~"°° Planning Commission approvals, in
furtherance of the proposed projects. The zoning administrator, furthermore, may deem
that projects have been substantially processed where the involved property owners
have submitted tentative subdivision or parcel maps or applications for design review,
but are awaiting consideration by the appropriate city agency or official.
Chapter 19.14
Administrative Procedures -Permits -Applications -Hearings -Appeals
...19.14.110 Conditional use permit -Appeals of the Planning Commission of-SMala
decision -Form -Contents -Effect of filing.
...19.14.120 Conditional use permit -Appeals of Planning Commission eF-Shula~Fista
decision -City Clerk duties.
..19.14.590 Fees for appeals and requested actions before the n°~;,.., o°.,;°.., Q°.,~a
Planning Commission and Zoning Administrator.
pg. 5
Ordinance Rescinding
Chapter 2.47
Attachment 1
17-9
Section 19.14.050 Public hearing -Mandatory when -Consolidation of public
hearings for multiple permit applications.
A. The Zoning Administrator may, at her/his option, refer any of the matters on which
she/he is authorized to rule and/or issue a permit to the Planning Commission-er~kala
P•^~^,~ea- for review. In addition, a project applicant may request that any such
matter be referred directly to the Planning Commission
for action. In
such cases, a public hearing as provided herein shall be mandatory.
... C. When an applicant applies for more than one permit or other approval for a single
development, the applications shall be consolidated for processing and shall be
reviewed by a single decision maker or decision-making body. The consolidated
application shall be heard by the decision maker ordecision-making body associated
with the highest level action among the applications to be considered. The findings
required for approval of each permit shall be considered individually, consistent with
CVMC 19.14.080, 19.14.190 and/or 19.14.582(E) as applicable. For projects subject to
design review and that are consolidated to a higher decision-making level, one member
of the Planning Commission I~~^ °°•''^•~- Q^°•~+ +~ rti ~.. ~~• + o ,+ ~ +
~~,-rvprr.~.m
,with design expertise, may
advise the staff on the design aspects of the project prior to the public hearing. The
recommendations will be included in the staff report to the highest level decision-making
body.
Section 19.14.110 Conditional use permit -Appeals of the Planning Commission
decision -Form -Contents -Effect of
filing.
The applicant or other interested person may appeal from the decision of the Planning
Commission,
~, ,.. •.,.. ~ ., r^,.-T,~ Pro~c~-p, ~~ 9 9 Y 9 Y P
''°c'^^^+^'' ~°dc:'c!c^^~^^* ~ + ~ rantin or den in an conditional use ermit
to the City Council within 10 business days from the date on which the decision was
made. Said appeal shall be in writing and filed with the City Clerk upon forms provided
by the Development Services Department and shall specify therein that the decision of
the Planning Commission,
..,~.....,.. ,., .,r~~~.,.,~,-oJ.-,-o~--6,-~~
..^thi^ ^ ~°°~^^'`°-~ •^Y°=cl^^^~^^+ + ~, was in error and identify the facts and
circumstances on which the claim of error is based. If an appeal is filed within the time
limit specified, it automatically stays proceedings in the matter until a determination is
made by the City Council.
Where an application is neither approved nor denied by the Planning Commission
N•^~°~~ due to a failure to achieve a majority vote, the applicant shall have the right
pg. 6
Ordinance Rescinding
Chapter 2.47
Attachment 1
17-10
to either a rehearing at the next Planning Commission
,- 9, ' ^p ,with an opportunity to
appeal the decision of the rehearing to the City Council, or may appeal directly to the
City Council without payment of additional fees. The choice of alternatives shall be at
the discretion of the applicant. All other proceedings pertaining to appeals shall continue
to apply.
Section 19.14.120 Conditional use permit-Appeals of Planning Commission er
decision -City Clerk duties.
Upon the filing of the appeal, the City Clerk shall set the matter for public hearing, giving
the same notice as required in CVMC 19.12.060 through 19.12.080. The matter shall be
placed on the Council agenda and heard within 30 days of receipt of a valid application
for appeal. The City Clerk shall send the Development Services Department a duplicate
copy of the appeal and request the Planning Commission, ^, ^~
area; to transmit to the City Council a copy of its decision and findings, minutes of the
hearing and all other evidence, maps, papers and exhibits upon which the Planning
Commission, ,made its decision.
Section 19.14.130 Conditional use permit -Appeals -City Council action -
Resolution contents and transmittal.
Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or
modify in whole or in part any determination of the Zoning Administrator or Planning
Commission, ,subject to the same
limitations and requirements of findings as are placed upon the Zoning Administrator or
Planning Commission, , by this chapter. The
resolution must contain a finding of facts showing wherein the conditional use meets or
fails to meet the requirements of CVMC 19.14.080. The decision by the City Council on
the appeal. is final. Not later than 10 business days following the adoption of said
resolution, the City Clerk shall transmit a copy of the resolution and finding to the
Director of Development Services, and shall mail a copy to the applicant.
Section 19.14.579 Precise plan approval -Multiple-family dwellings and
commercial or industrial projects.
Notwithstanding the provisions of other sections of this chapter, the review of precise
plans for multiple-family dwelling, commercial, or industrial projects shall be
procedurally governed by the rules adopted by the ^°^'^^ °°••~^'•- Q^^~~+ Planninq
Commission,
Section 19.14.580 Precise plan approval -Multiple-family dwellings and
commercial or industrial projects -Zoning Administrator.
Following the approval or conditional approval of a precise plan for amultiple-family
dwelling, commercial, or industrial project by the ^°c?gr:.°.°::°::• °ccrd, Planninq
Commission or, upon appeal, by the City Council, the building
pg. 7
Ordinance Rescinding
Chapter 2.47
Attachment 1
17-11
inspector shall ensure that the development is undertaken and completed in
conformance with the approved plan.
Section 19.14.581
Repealed
Section 19.14.582 Design review approval.
A. Plans for the establishment, location, expansion or alteration of structures in all
multifamily residential zones and all commercial and industrial zones shall require
design review by the
.Planning
Commission.
B. The ~eafd Planning Commission shall approve, conditionally approve or deny such
plans. The n°°~^^ °°~•~°~~• °^~--~ Planning Commission shall base its findings and
actions on the design review provisions of the affected design manuals of the City.
C. The Zoning Administrator has the discretion, with the concurrence of the applicant, to
act in the place of the Dec?~^ °°:•;c::• Qowrd Planning Commission in the case of minor
projects, including new construction or additions to commercial, industrial, or
institutional projects with a total floor area of 20,000 square feet or less, and residential
projects of 10 units or less. The Zoning Administrator shall base its findings and actions
upon the provisions of the affected design manuals of the City.
Section 19.14.583 Design review application and fee.
... B. The fee for a hearing before the n°c;~^ .. ;c•:ic:_ °~~+ Planning Commission is the
required fee(s). The fee for Zoning Administrator design review shall be the required
fee(s)..
Section 19.14.587
Repealed
Section 19.14.588 Design review-Appeal procedure.
A. The applicant or other interested persons may file an appeal from the decision of the
n°~:°° o^.,;°,., Q^^-a Planning Commission or Zoning Administrator for minor projects,
to the City Council within 10 business days after the decision is made. The appeal shall
be in writing and filed with the Development Services Department on forms prescribed
for the appeal, and shall specify therein the argument against the decision of the 9esiga
F~tev+ew-Beafd Planning Commission. If an appeal is filed within the time limit specified,
it automatically stays proceedings in the matter until a determination is made by the City
Council.
pg. 8
Ordinance Rescinding
Chapter 2.47
Attachment 1
17-12
B. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse
or modify, in whole or in part, any determination of the Planninq
Commission or Zoning Administrator for minor projects. The resolution must contain a
finding of facts showing wherein the project meets or fails to meet the requirements of
this chapter and the provisions of the design review manual.
C. The decision of the City Council is final.
Section 19.14.590 Fees for appeals and requested actions before the Planninq
Commission ^^°'^^ °^•^^••• °^~-a and Zoning Administrator.
For all appeals from actions of the Planninq Commission or
Zoning Administrator or any appeal filed pursuant to Chapter 19.12 CVMC or this
chapter, the fee shall be the required fee(s). In addition, any request for action by the
City Council not specifically covered within the fee structure
established by this chapter shall be subject to the required fee(s) therefor. (Ord. 3153 §
2 (Exh. A), 2010; Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1813 § 2, 1978).
Section19.14.591 Continuance of project.
Repealed.
19.14.592 Implementation of Design Review Board functions in designated areas
by Chula Vista Redevelopment Corporation.
Repealed
Section 19.14.600 Design review approval -Time limit for implementation -
Extensions.
.. C. Request for Extension. Prior to the expiration of a permit, the appropriate decision
maker, whether the Zoning Administrator or the Planning Commissioner S#t~4a~Fista
Re.Je~ielr.nme..+!'..rr...r..+i..n f..r ., on+~. ..:dL.in n ae~i..nn+e.+ real e. ml..r. r...•r.+.. o..+
area may grant an extension of time contained in a currently valid permit without a
public hearing upon request of the property owner; provided, that:
1. There has been no material change of circumstances since the granting of the
permit;
2. That such changes, if any, which, when considered in conjunction with the
construction or use of property theretofore permitted, would not be injurious to
the neighborhood or otherwise detrimental to the public welfare.
Chapter 19.28
R-3 -APARTMENT RESIDENTIAL ZONE
pg. 9
Ordinance Rescinding
Chapter 2.47
Attachment 1
17-13
19.28.190 Jurisdiction of the ••• Q..-oao,^-a^-a Planning Commission.
Section 19.28.060 Height regulations.
A. Height regulations in the R-3 zone and R-3-M, R-3-T and R-3-G classifications are as
follows:
...2. Principal buildings up to three and one-half stories or 45 feet in height may be
approved by the ^°~'^^ o°••~°••• Q^^-a Planning Commission; provided, it is found
that the height, bulk, mass and proportion of all structures are compatible with the
site, as well as in scale with structures on adjoining and surrounding properties in
the area.
Section 19.28.070 Area, lot width and yard requirements.
... (2) Side and rear yards: Side and rear yard requirements shall be increased an
additional two feet for 25-foot-high structures (this dimension shall include the roof), and
shall be increased at the rate of two feet for each story above 25 feet. Exception: When
adjacent to an R-1, R-E or R-2 zone, the side yard setback shall be increased to 15 feet
for any structure over one story or 15 feet in height, with an additional two-foot setback
required for each story above 25 feet in height. In those cases where the rear yard
abuts an R-3, commercial or industrial zone, the ^°°'^^ °°~•'°~•• Q^^•a Plannina
Commission may grant up to a 10-foot reduction in the rear yard setback; provided, it is
found that the affected open space has been transferred to a more beneficial location
on the lot.
Section 19.28.190 Jurisdiction of the Planning Commission
The design manual of the City shall be effectuated and administered by the Sesi~
review-Seafd Planning Commission ^°f^h10°ti°'~ ^^'~ ^ ^a ti r~innr ~n ~~ coo
+ti.^.•4-088.
Chapter 19.30
C-O -Administrative and Professional Office Zone
Section 19.30.040 Conditional uses.
The following uses shall be permitted in the C-O zone; provided, a conditional use
permit is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040,
as may be applicable, and CVMC 19.14.050 through 19.14.090:
...I. Recycling collection centers, subject to the provisions of CVMC 19.58.345.
The following uses shall be permitted in the C-O zone; provided, a conditional
use permit is issued by the Planning Commission, ar~~-..halo b~ic'^ o=•'°•:°~c^
pg. 10
Ordinance Rescinding
Chapter 2.47
Attachment 1
17-14
or for
unclassified uses as defined in CVMC 19.54.020:
Chapter 19.42
I-R -Research Industrial Zone
Section 19.42.040 Conditional uses.
The following uses shall be permitted in the I-R zone; provided, a conditional use permit
is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may
be applicable, and CVMC 19.14.050 through 19.14.090:
... F. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178.
Conditional use permit applications for the establishment of hazardous waste
facilities shall be considered by the City Council subsequent to its receipt of
recommendations thereon from the Planning Commission
amain accordance with CVMC 19.14.070(6)
Chapter 19.44
I-L -Limited Industrial Zone
Section 19.44.040 Conditional uses.
The following uses shall be permitted in the I-L zone; provided, a conditional use permit
is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may
be applicable, and CVMC 19.14.050 through 19.14.090:
....P. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178
Conditional use permit applications for the establishment of hazardous waste
facilities shall be considered by the City Council subsequent to its receipt of
recommendations thereon from the Planning Commission-vista
area in accordance with CVMC 19.14.070(6).
Chapter 19.46
I -General Industrial Zone
Section 19.46.040 Conditional uses.
The following uses shall be permitted in the I zone; provided, a conditional use permit is
issued by the Planning Commission,
'^^°'°•' •••~«"~^ ° ^'°°~^^°'°~' ~°~'°~•^'^^^,°^* ^•^~°^' ^ ~, or for unclassified uses as
defined in CVMC 19.54.020:
pg. 11
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... P. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178
Conditional use permit applications for the establishment of hazardous waste
facilities shall be considered by the City Council subsequent to its receipt of
recommendations thereon from the Planning Commissions er~hala-i<is#a
a~ in accordance with CVMC 19.14.070(8).
Chapter 19.47
P-Q -Public/Quasi-Public
19.47.040 Conditional uses.
The following uses shall be permitted in the P-Q zone; provided, a conditional use
permit is issued by the Planning Commission, cr rti ~., ~~;~.~ o_.,e„e~,,.,,„„ F
or for
unclassified uses as defined in CVMC 19.54.020:
....K. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178
Conditional use permit applications for the establishment of hazardous waste
facilities shall be considered by the City Council subsequent to its receipt of
recommendations thereon from the Planning Commission
area in accordance with CVMC 19.14.070(8).
Chapter 19.54
Unclassified Uses
Section 19.54.020 Designated -Limitations and standards.
...Conditional use permit applications for the uses listed in this section shall be
considered and approved by the following body or official. The Zoning Administrator
shall approve all ambulance services, trailers (commercial coaches), and certified
farmers' markets. The City Council, subsequent to its receipt of recommendations
thereon from the planning commission,
~roj~r•+` i,,,..,.~a ,..~*ti;., ., ae .,.,~+°a .e.~e,,..i . . , shall a rove
establishments or enterprises involving large assemblages of people or automobiles
(subsection (J) of this section), and public orquasi-public uses (subsection (M) of this
section). The Planning Commission,
shall approve all other
conditional use permits for unclassified uses not mentioned in this paragraph.
pg. 12
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Chapter 19.56
Modifying Districts
Section 19.56.048 P precise plan modifying district -Plan review of multiple-
family dwellings and commercial or industrial projects.
Notwithstanding the provisions of CVMC 19.56.047, plans for multiple-family dwellings
and commercial or industrial projects in areas governed by the P precise plan modifying
district shall be reviewed by the ^'°^~^^ ~°•^^••• ^^^,^~'*°° Planning Commission and
shall be considered by the ^'^^^'^^ ^^^~^,'^^'^^ ^^-"~° City Council only upon appeal,
pursuant to CVMC 19.14.583.
Chapter 19.58
Uses
Section 19.58.345 Recycling collection centers.
... C. Large recycling collection centers with a combined area of over 300 square feet,
but not exceeding the floor area equivalent of a 30-person occupancy load, may be
permitted as an accessory or primary use subject to the approval of a conditional use
permit granted by the Zoning Administrator pursuant to CVMC 19.14.040, and with
approval of an application for site plan and architectural review by the ;~;,-,D«;~::
heard Planning Commission.
Section 19.58.390 Senior housing development.
Pursuant to CVMC 19.54.020, housing developments for seniors, as defined in CVMC
19.04.201, may be allowed in any zone except the R-1, R-2, C-V, C-T and industrial
zones. Because the residents of such development have dwelling characteristics which
differ from those of families and younger persons, it is not appropriate to apply all of the
normal zoning standards thereto. Accordingly, pursuant to the processing of a
conditional use permit for such developments, as required by CVMC 19,54.020(P), the
Planning Commission, • rti ~^ ~~~^+^ o°,r°„°~^^.,,°^: ~^.^^~^+•^^ .a+ti° ., °^+ •^ .;+ti,^
^ ~'°^~^^^~°•~ ~°-'^••°'^^^~°^~ ^ °^} ° °°, may make exceptions to the density, off-
street parking, minimum unit size, open space, and such other requirements as may be
appropriate. The Planning Commission may also adjust required setbacks, building
height, and yard areas as appropriate to provide an adequate living environment both
within the development and on nearby properties. Any exceptions and adjustments shall
be subject to the condition that the development will be available for occupancy by
seniors only.
Section19.58.400 Recreational vehicle storage yards.
...The approval of an RV storage yard judged by the Planning Commission;~#ala
pg. 13
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area to represent an interim use of land based upon zoning, development patterns,
and/or pending plans in the area shall be subject to a review and report filed each year
by the owner with the City Zoning Administrator. Failure to file the report or abide by the
conditions of approval shall cause the matter to be set for a rehearing before the
Planning Commission,
sec:^^°'°~' •°~'°••°'^^^~^^' ^~^~°^~ °•°° to consider revocation of the permit or other
appropriate corrective action. Permits for interim RV storage yards shall be granted for a
maximum period of five years with extensions subject to rehearing before the Planning
Commission
.°.a°.,..i,.^^.°^F ^ °^t ..
Chapter 19.60
Signs
Section 19.60.520 Central business (C-B) zone.
The following signs are allowed in C-B zones:
... E. The ~°°~^^ ~°••~°••• ^^^~^,~µ°° Planning Commission may reduce sign areas
and heights below those authorized above based on the sign guidelines and
criteria contained in the design manual, without consideration of the graphic
design of the copy or message displayed on the sign.
Chapter 19.62
Off-Street Parking and Loading
Section 19.62.020 Size and access requirements.
Size and access of off-street parking and loading facilities shall be as follows:
... E. Tandem parking shall not qualify as required parking unless specifically
approved by the Planning Commission, ^• ~"• •'^ `"°*^ °°~'°••°'^^^•°^~
Section IV. Severability
If any portion of this Ordinance, or its application to any person or circumstance,
is for any reason held to be invalid, unenforceable or unconstitutional, by a court of
competent jurisdiction, that portion shall be deemed severable, and such invalidity,
unenforceability or unconstitutionality shall not affect the validity or enforceability of the
remaining portions of the Ordinance, or its application to any other person or
circumstance. The City Council of the City of Chula Vista hereby declares that it would
have adopted each section, sentence, clause or phrase of this Ordinance, irrespective
of the fact that any one or more other sections, sentences, clauses or phrases of the
Ordinance be declared invalid, unenforceable or unconstitutional.
pg. 14
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Section V. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement,
not to duplicate or contradict, applicable state and federal law and this Ordinance shall
be construed in light of that intent.
Section VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final
passage.
Section VII. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall cause the same to be published or posted according to law.
Presented by:
Approved as to form by:
Gary Halbert, P.E., AICP Glen R. Googins
Assistant City Manager/Development Services Director City Attorney
pg. 15
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ORDINANCE NO. 2013 -
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTER 2.42 REGARDING THE RESPONSIBILITIES
OF THE PLANNING COMMISSION; RESCINDING
CHAPTERS 2.47 (DESIGN REVIEW BOARD) AND
CHAPTER 2.55 (CHULA VISTA REDEVELOPMENT
CORPORATION) AND REMOVING REFERENCES TO
THE DESIGN REVIEW BOARD AND CHULA VISTA
REDEVELOPMENT CORPORATION THEREIN
WHEREAS, the City Council created the Design Review Board in 1977 in order
to relieve the Planning Commission of certain routine functions necessary to implement
the City's newly adopted Design Review Procedures known as Chula Vista Municipal
Code (CVMC) Chapter 19.14; and
WHEREAS, the City Council also wanted to intensify the City's efforts at that time
to improve its townscape, and to promote orderly growth and amenity; and
WHEREAS, the Design Review Board's duties primarily govern the
implementation of design review procedures for permits, applications and hearings; and
WHEREAS, through the years of significant development in the City, the Design
Review Board and the Planning Commission met twice a month and regularly had full
agendas; and
WHEREAS, with the decline in development since 2006, the level of projects
being reviewed by both bodies has dropped; and
WHEREAS, the implementation of Process Improvement Amendments to the
Zoning Code has resulted in the Zoning Administrator now handling more of the projects
that were previously reviewed by the Planning Commission or Design Review Board;
and
WHEREAS, as a result of the Process Improvement Amendments, the frequency
of the meetings and the number of items on the agendas for both the Planning
Commission and Design Review Board has declined; and
WHEREAS, consolidating the responsibilities of the Design Review Board anc
the Planning Commission as proposed will be beneficial to furthering the goals of the
Process Improvement Amendments; and
WHEREAS, in 2011 the City Council voted to dissolve the Chula Vista
Redevelopment Corporation (CVRC); and
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WHEREAS, on December 12, 2011 the CVRC passed a Dissolution Resolution;
and
WHEREAS, there are numerous references to the CVRC through the City's
Municipal Code that need to be removed; and
WHEREAS, the Planning Commission held a duly noticed public hearing to
consider the subject action at the time and place as advertised, namely May 22, 2013 at
6 p.m. in the Council Chambers, 276 Fourth Avenue, and approved Resolution PCM-
13-09 recommending that the City Council adopt the proposed Ordinance; and
WHEREAS, the City Council held a duly noticed public hearing to consider the
subject action at the time and place as advertised and said hearing was thereafter
closed.
NOW THEREFORE BE IT ORDAINED, that the City Council of the City of Chula
Vista does hereby find and determine as follows:
Section I. Environmental Determination
The activity is not a "Project" as defined under Section 15378(b)(5) of the State
CEQA Guidelines because it involves only an organizational or administrative activity of
government that will not result in a direct or indirect physical change in the
environmental; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no environmental review is necessary.
Section II. Consistency with General Plan
The City Council finds that the proposed amendmehts of the Municipal Code are
consistent with the City of Chula Vista General Plan. The proposed code amendments
are based on sound planning principles and practices that will provide for design review
of projects in accordance with the goals and policies of the General Plan.
BE IT FURTHER ORDAINED, that the Chula Vista Municipal Code is hereby
amended as follows:
Section III.
Amend Chula Vista Municipal Code Chapters 2.25, 2.42, 2.47, 2.55, 15.44,
15.56, 18.08, 19.06, 19.07, 19.14, 19.28, 19.30, 19.42, 19.44, 19.46, 19.47, 19.54,
19.56, 19.58, 19.60 and 19.62 to delete references to the Design Review Board and
Chula Vista Redevelopment Corporation, modify the membership requirements for the
pg. 2
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Planning Commission and where appropriate add references to the Planning
Commission as described below:
Chapter 2.25
General Rules for Boards and Commissions
Section 2.25.020 Definitions.
B. "Boards and commissions' include: (1) boards and commissions established by the
Chula Vista Charter: Board of Library Trustees, Civil Service Commission, Parks and
Recreation Commission, and Planning Commission; and (2) boards and commissions
established by the City Council: Access Appeals Board, Board of Appeals and Advisors,
Board of Ethics, Charter Review Commission, Child Care Commission, Commission on
Aging, Cultural Arts Commission, Economic Development Commission, Growth
Management Oversight Commission, Housing Advisory Commission, Human Relations
Commission, International Friendship Commission, Mobilehome Rent Review
Commission, Resource Conservation Commission, Safety Commission, Veterans
Advisory Commission, and other boards or commissions subsequently created by City
Charter or ordinance.
Chapter 2.42
Planning Commission
Section 2.42.030 Membership.
In accordance with Charter Section 605, the Planning Commission shall consist of
seven members to be appointed by the City Council from the registered voters of the
City. The number of members to comprise the Commission may be changed by
ordinance of the City Council; however, the number may be set at no fewer than five
and no more than nine.
A minimum of three (3) members of the Planning Commission should be persons
sensitive to design consideration and interested in townscape matters. Persons
qualified for these seats should include architects, landscape architects, land planners,
urban planners, civil engineers and other design professionals with suitable experience.
Chapter 2.47
Design Review Board
Repealed
pg. 3
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Chapter 2.55
Chula Vista Redevelopment Corporation
Repealed
Chapter 15.44
Moving, Relocating and Demolishing Buildings
Section 15.44.030 Application for permit.
A. Whenever an existing building, house or structure is moved from its present location
outside the City to a new location within the City, or from one location within the City to
another location within the City, the house mover or other person, firm or corporation
moving a house, building, or structure shall, prior to moving, file an application for a
moving permit with the Building and Housing Department. Said application shall contain
the following information:
5. Multifamily projects shall be processed through the Planning Commission, as
provided under CVMC 19.28.180 and 19.28.190. The fee shall be as specified in
the master fee schedule;
Chapter 15.56
Conversion of Dwelling Units to Independent Ownership
Section 15.56.020 (G).
Condominium projects shall comply with the guidelines of the design manual of the city,
and shall be reviewed by the Planning Commission, except where condominium
projects are located with the Chula Vista Town Centre No. I redevelopment project area,
in which case the guidelines of the Town Centre design manual shall govern, and the
reviewing body shall be the Planning Commission. Notwithstanding the provisions of
this subsection, the property owner shall not be required to make major structural or
spatial changes to existing buildings.
Chapter 18.08
Definitions
Section 18.08.070 Commission
"Commission" means the Planning Commission of Chula Vista
pg. 4
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Chapter 19.06
General Plan
Section 19.06.030 Implementation of
Projects shall be deemed to be substantially processed where the property owners have
procured approved tentative subdivision or parcel maps, building permits, conditional
use permits, or Planning Commission approvals, in furtherance of the proposed
projects.. The zoning administrator, furthermore, may deem that projects have been
substantially processed where the involved property owners have submitted tentative
subdivision or parcel maps or applications for design review, but are awaiting
consideration by the appropriate city agency or official, as well as projects which have
been submitted to the planning department for design review consideration not more
than six months prior to the adoption of the general plan. The property owner shall
provide evidence to the zoning administrator not more than 90 days after the general
plan adoption that the submittal of project plans has occurred within the aforementioned
specified period to qualify for this provision.
Chapter 19.07
Specific Plans
Section 19.07.030 Zoning implementation thereof.
Projects shall be deemed to be substantially processed where the property owners have
procured approved tentative subdivision or parcel maps, building permits, conditional
use permits, or Planning Commission approvals, in furtherance of the proposed
projects. The zoning administrator, furthermore, may deem that projects have been
substantially processed where the involved property owners have submitted tentative
subdivision or parcel maps or applications for design review, but are awaiting
consideration by the appropriate city agency or official.
Chapter 19.14
Administrative Procedures -Permits -Applications -Hearings -Appeals
...19.14.110 Conditional use permit -Appeals of the Planning Commission decision -
Form -Contents -Effect of filing.
...19.14.120 Conditional use permit -Appeals of Planning Commission decision -City
Clerk duties. .
pg. 5
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..19.14.590 Fees for appeals and requested actions before the Planning Commission
and Zoning Administrator.
Section 19.14.050 Public hearing -Mandatory when -Consolidation of public
hearings for multiple permit applications.
A. The Zoning Administrator may, at her/his option, refer any of the matters on which
she/he is authorized to rule and/or issue a permit to the Planning Commission for
review. In addition, a project applicant may request that any such matter be referred
directly to the Planning Commission for action. In such cases, a public hearing as
provided herein shall be mandatory.
...C. When an applicant applies for more than one permit or other approval for a single
development, the applications shall be consolidated for processing and shall be
reviewed by a single decision maker ordecision-making body. The consolidated
application shall be heard by the decision maker ordecision-making body associated
with the highest level action among the applications to be considered. The findings
required for approval of each permit shall be considered individually, consistent with
CVMC 19.14.080, 19.14.190 and/or 19.14.582(E) as applicable. For projects subject to
design review and that are consolidated to a higher decision-making level, one member
of the Planning Commission with design expertise, may advise the staff on the design
aspects of the project prior to the public hearing. The recommendations will be included
in the staff report to the highest level decision-making body.
Section 19.14.110 Conditional use permit- Appeals of the Planning Commission
decision -Form -Contents -Effect of filing.
The applicant or other interested person may appeal from the decision of the Planning
Commission granting or denying any conditional use permit to the City Council within 10
business days from the date on which the decision was made. Said appeal shall be in
writing and filed with the City Clerk upon forms provided by the Development Services
Department and shall specify therein that the decision of the Planning Commission was
in error and identify the facts and circumstances on which the claim of error is based. If
an appeal is filed within the time limit specified, it automatically stays proceedings in the
matter until a determination is made by the City Council.
Where an application is neither approved nor denied by the Planning Commission due
to a failure to achieve a majority vote, the applicant shall have the right to a rehearing at
the next Planning Commission with an opportunity to appeal the decision of the
rehearing to the City Council, or may appeal directly to the City Council without payment
of additional fees. The choice of alternatives shall be at the discretion of the applicant.
All other proceedings pertaining to appeals shall continue to apply.
pg. 6
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Section 19.14.120 Conditional use permit-Appeals of Planning Commission
decision -City Clerk duties.
Upon the filing of the appeal, the City Clerk shall set the matter for public hearing, giving
the same notice as required in CVMC 19.12.060 through 19.12.080. The matter shall be
placed on the Council agenda and heard within 30 days of receipt of a valid application
for appeal. The City Clerk shall send the Development Services Department a duplicate
copy of the appeal and request the Planning Commission to transmit to the City Council
a copy of its decision and findings, minutes of the hearing and all other evidence, maps,
papers and exhibits upon which the Planning Commission made its decision.
Section 19.14.130 Conditional use permit- Appeals -City Council action -
Resolution contents and transmittal.
Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or
modify in whole or in part any determination of the Zoning Administrator or Planning
Commission subject to the same limitations and requirements of findings as are placed
upon the Zoning Administrator or Planning Commission by this chapter. The resolution
must contain a finding of facts showing wherein the conditional use meets or fails to
meet the requirements of CVMC 19.14.080. The decision by the City Council on the
appeal is final. Not later than 10 business days following the adoption of said resolution,
the City Clerk shall transmit a copy of the resolution and finding to the Director of
Development Services, and shall mail a copy to the applicant.
Section 19.14.579 Precise plan approval -Multiple-family dwellings and
commercial or industrial projects.
Notwithstanding the provisions of other sections of this chapter, the review of precise
plans for multiple-family dwelling, commercial, or industrial projects shall be
procedurally governed by the rules adopted by Planning Commission
Section 19.14.580 Precise plan approval -Multiple-family dwellings and
commercial or industrial projects -Zoning Administrator.
Following the approval or conditional approval of a precise plan for amultiple-family
dwelling, commercial, or industrial project by the Planning Commission or, upon appeal,
by the City Council, the building inspector shall ensure that the development is
undertaken and completed in conformance with the approved plan.
Section 19.14.581
Repealed
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Section 19.14.582 Design review approval.
A. Plans for the establishment, location, expansion or alteration of structures in all
multifamily residential zones and all commercial and industrial zones shall require
design review by the Planning Commission.
B. The Planning Commission shall approve, conditionally approve or deny such plans.
The Planning Commission shall base its findings and actions on the design review
provisions of the affected design manuals of the City.
C. The Zoning Administrator has the discretion, with the concurrence of the applicant, to
act in the place of the Planning Commission in the case of minor projects, including new
construction or additions to commercial, industrial, or institutional projects with a total
floor area of 20,000 square feet or less, and residential projects of 10 units or less. The
Zoning Administrator shall base its findings and actions upon the provisions of the
affected design manuals of the City.
Section 19..14.583 Design review application and fee.
... B. The fee for a hearing before the Planning Commission is the required fee(s). The
fee for Zoning Administrator design review shall be the required fee(s).
Section 19.14.587
Repealed
Section 19.14.588 Design review-Appeal procedure.
A. The applicant or other interested persons may file an appeal from the decision of the
Planning Commission or Zoning Administrator for minor projects, to the City Council
within 10 business days after the decision is made. The appeal shall be in writing and
filed with the Development Services Department on forms prescribed for the appeal,
and shall specify therein the argument against the decision of the Planning
Commission. If an appeal is filed within the time limit specified, it automatically stays
proceedings in the matter until a determination is made by the City Council.
B. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse
or modify, in whole or in part, any determination of the Planning Commission or Zoning
Administrator for minor projects. The resolution must contain a finding of facts showing
wherein the project meets or fails to meet the requirements of this chapter and the
provisions of the design review manual.
C. The decision of the City Council is final.
pg. 8
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Section 19.14.590 Fees for appeals and requested actions before the Planning
Commission and Zoning Administrator.
For all appeals from actions of the Planning Commission or Zoning Administrator or any
appeal filed pursuant to Chapter 19.12 CVMC or this chapter, the fee shall be the
required fee(s). In addition, any request for action by the City Council not specifically
covered within the fee structure established by this chapter shall be subject to the
required fee(s) therefor. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2506 § 1, 1992; Ord. 2011
§ 1, 1982; Ord. 1813 § 2, 1978).
Section19.14.591 Continuance of project.
Repealed
19.14.592 Implementation of Design Review Board functions in designated areas
by Chula Vista Redevelopment Corporation.
Repealed
Section 19.14.600 Design review approval -Time limit for implementation -
Extensions.
... C. Request for Extension. Prior to the expiration of a permit, the appropriate decision
maker, whether the Zoning Administrator or the Planning Commission may grant an
extension of time contained in a currently valid permit without a public hearing upon
request of the property owner; provided, that:
1. There has been no material change of circumstances since the granting of the
permit;
2. That such changes, if any, which, when considered in conjunction with the
construction or use of property theretofore permitted, would not be injurious to
the neighborhood or otherwise detrimental to the public welfare.
Chapter 19.28
R-3 -APARTMENT RESIDENTIAL ZONE
19.28.190 Jurisdiction of the Planning Commission.
Section 19.28.060 Height regulations.
A. Height regulations in the R-3 zone and R-3-M, R-3-T and R-3-G classifications are as
follows:
pg. 9
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...2. Principal buildings up to three and one-half stories or 45 feet in height may be
approved by the Planning Commission; provided, it is found that the height, bulk,
mass and proportion of all structures are compatible with the site, as well as in
scale with structures on adjoining and surrounding properties in the area.
Section 19.28.070 Area, lot width and yard requirements.
... (2) Side and rear yards: Side and rear yard requirements shall be increased an
additional two feet for 25-foot-high structures (this dimension shall include the root), and
shall be increased at the rate of two feet for each story above 25 feet. Exception: When
adjacent to an R-1, R-E or R-2 zone, the side yard setback shall be increased to 15 feet
for any structure over one story or 15 feet in height, with an additional two-foot setback
required for each story above 25 feet in height. In those cases where the rear yard
abuts an R-3, commercial or industrial zone, the Planning Commission may grant up to
a 10-foot reduction in the rear yard setback; provided, it is found that the affected open
space has been transferred to a more beneficial location on the lot.
Section 19.28.190 Jurisdiction of the Planning Commission.
The design manual of the City shall be effectuated and administered by the Planning
Commission.
Chapter 19.30
C-O -Administrative and Professional Office Zone
Section 19.30.040 Conditional uses.
The following uses shall be permitted in the C-O zone; provided, a conditional use
permit is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040,
as may be applicable, and CVMC 19.14.050 through 19.14.090:
...I. Recycling collection centers, subject to the provisions of CVMC 19.58.345.
The following uses shall be permitted in the C-O zone; provided, a conditional
use permit is issued by the Planning Commission or for unclassified uses as
defined in CVMC 19.54.020:
Chapter 19.42
I-R -Research Industrial Zone
Section 19.42.040 Conditional uses.
The following uses shall be permitted in the I-R zone; provided, a conditional use permit
is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may
be applicable, and CVMC 19.14.050 through 19.14.090:
pg. 10
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... F. Hazardous waste facilities, subject to the provisions of CVMC 19.58.175.
Conditional use permit applications for the establishment of hazardous waste
facilities shall be considered by the City Council subsequent to its receipt of
recommendations thereon from the Planning Commission in accordance with
CVMC 19.14.070(8).
Chapter 19.44
I-L -Limited Industrial Zone
Section 19.44.040 Conditional uses.
The following uses shall be permitted in the I-L zone; provided, a conditional use permit
is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may
be applicable, and CVMC 19.14.050 through 19.14.090:
....P. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178.
Conditional use permit applications for the establishment of hazardous waste
facilities shall be considered by the City Council subsequent to its receipt of
recommendations thereon from the Planning Commission in accordance with
CVMC 19.14.070(8).
Chapter 19.46
I -General Industrial Zone
Section 19.46.040 Conditional uses.
The following uses shall be permitted in the I zone; provided, a conditional use permit is
issued by the Planning Commission or for unclassified uses as defined in CVMC
19.54.020:
... P. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178.
Conditional use permit applications for the establishment of hazardous waste
facilities shall be considered by the City Council subsequent to its receipt of
recommendations thereon from the Planning Commission in accordance with
CVMC 19.14.070(8).
Chapter 19.47
P-Q -Public/Quasi-Public
19.47.040 Conditional uses.
The following uses shall be permitted in the P-Q zone; provided, a conditional use
permit is issued by the Planning Commission or for unclassified uses as defined in
CVMC 19.54.020:
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....K. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178.
Conditional use permit applications for the establishment of hazardous waste
facilities shall be considered by the City Council subsequent to its receipt of
recommendations thereon from the Planning Commission in accordance with
CVMC 19.14.070(6).
Chapter 19.54
Unclassified Uses
Section 19.54.020 Designated -Limitations and standards.
...Conditional use permit applications for the uses listed in this section shall be
considered and approved by the following body or official. The Zoning Administrator
shall approve all ambulance services, trailers (commercial coaches), and certified
farmers' markets. The City Council, subsequent to its receipt of recommendations
thereon from the planning commission shall approve establishments or enterprises
involving large assemblages of people or automobiles (subsection (J) of this section),
and public orquasi-public uses (subsection (M) of this section). The Planning
Commission shall approve all other conditional use permits for unclassified uses not
mentioned in this paragraph.
Chapter 19.56
Modifying Districts
Section 19.58.048 P precise plan modifying district- Plan review of multiple-
family dwellings and commercial or industrial projects.
Notwithstanding the provisions of CVMC 19.56.047, plans for multiple-family dwellings
and commercial or industrial projects in areas governed by the P precise plan modifying
district shall be reviewed by the Planning Commission and shall be considered by the
City Council only upon appeal, pursuant to CVMC 19.14.583.
Chapter 19.58
Uses
Section 19.58.345 Recycling collection centers.
... C. Large recycling collection centers with a combined area of over 300 square feet,
but not exceeding the floor area equivalent of a 30-person occupancy load, may be
permitted as an accessory or primary use subject to the approval of a conditional use
permit granted by the Zoning Administrator pursuant to CVMC 19.14.040, and with
pg. 12
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approval of an application for site plan and architectural review by the Planning
Commission.
Section 19.58.390 Senior housing development.
Pursuant to CVMC 19.54.020, housing developments for seniors, as defined in CVMC
19.04.201, may be allowed in any zone except the R-1, R-2, C-V, C-T and industrial
zones. Because the residents of such development have dwelling characteristics which
differ from those of families and younger persons, it is not appropriate to apply all of the
normal zoning standards thereto. Accordingly, pursuant to the processing of a
conditional use permit for such developments, as required by CVMC 19.54.020(P), the
Planning Commission may make exceptions to the density, off-street parking, minimum
unit size, open space, and such other requirements as may be appropriate. The
Planning Commission may also adjust required setbacks, building height, and yard
areas as appropriate to provide an adequate living environment both within the
development and on nearby properties. Any exceptions and adjustments shall be
subject to the condition that the development will be available for occupancy by seniors
only.
Section19.58.400 Recreational vehicle storage yards.
...The approval of an RV storage yard judged by the Planning Commission to represent
an interim use of land based upon zoning, development patterns, and/or pending plans
in the area shall be subject to a review and report filed each year by the owner with the
City Zoning Administrator. Failure to file the report or abide by the conditions of approval
shall cause the matter to be set for a rehearing before the Planning Commission to
consider revocation of the permit or other appropriate corrective action.. Permits for
interim RV storage yards shall be granted for a maximum period of five years with
extensions subject to rehearing before the Planning Commission.
Chapter 19.60
Signs
Section 19.60.520 Central business (C-B) zone.
The following signs are allowed in C-B zones:
... E. The Planning Commission may reduce sign areas and heights below those
authorized above based on the sign guidelines and criteria contained in the
design manual, without consideration of the graphic design of the copy or
message displayed on the sign.
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Chapter 19.62
Off-Street Parking and Loading
Section 19.62.020 Size and access requirements.
Size and access of off-street parking and loading facilities shall be as follows:
... E. Tandem parking shall not qualify as required parking unless specifically
approved by the Planning Commission.
Section IV, Severability
If any portion of this Ordinance, or its application to any person or circumstance,
is for any reason held to be invalid, unenforceable or unconstitutional, by a court of
competent jurisdiction, that portion shall be deemed severable, and such invalidity,
unenforceability or unconstitutionality shall not affect the validity or enforceability of the
remaining portions of the Ordinance, or its application to any other person or
circumstance. The City Council of the City of Chula Vista hereby declares that it would
have adopted each section, sentence, clause or phrase of this Ordinance, irrespective
of the fact that any one or more other sections, sentences, clauses or phrases of the
Ordinance be declared invalid, unenforceable or unconstitutional.
Section V. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement,
not to duplicate or contradict, applicable state and federal law and this Ordinance shall
be construed in light of that intent.
Section VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final
passage.
Section VII. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall cause the same to be published or posted according to law.
Presented by:
Gary Halbert, P.E., AICP
Assistant City Manager/Development Services Director
Approved as ~~
v '1v City Attorney
pg. 14
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