HomeMy WebLinkAbout2013/12/17 Item 11 _� �__ �.-�..._
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�� CITY Of
CHULA VISfA
DECEA4BER 17, 20li, Item�
ITEi11 TITLE• COI�'SIDERATION OF AIvIEi�'DA�I�'TS TO T'I-� P-C
� PLANNED CONIl�IUI�TITIES ZONE (CVMC 19.48)
REQUIItEngNTS FOR COA�A4U�IITY PURPOSE
FACILITIES (CPF) TO PROVIDE AI�TD CLARIFY
COMPLIANCE OPTIONS.
ORDINANCE OF TE� CITY COUNCII. APPROVING AN
AMENDMENT TO TF� PLANNED COMMUNITY (PC)
DISTRICT REGULATIONS FOR TF� PROVISION OF
COMMWi ITY PURPOSE FACILITIES (CPF) IN SECTIONAL
PLAI�TIING AREA (SPA) PLANS.
SUBDZITTED BY: DEVELOPA4ENT SERVICES DIRECTOR �.�,y,
i/
REVIE�'1'ED Bl': CITY MAI�'AG �
ASSISTAN��TY CITY MANAGER
��J
4hTHS �'OTE: YES � NO �
SUI�ZAR1'
In consideration of provisions in the University Land Offer Agreement (LOA) villaees
related to Villaees 3, 8; 9 and 10, and inquiries from several developers; the Cit}� initiated
amendments to the Planned Community (PC) Zone (CVMC 19.48) requirements
pertainin2 to the delivery of land for CPF uses. The proposed amendments would allo«�
reductions in otherwise required CPF acreage and provide for alternative compliance
options, in conjunction «�ith the provision of certain public benefits.
E\TVII20N1VIENTAL REVIE�Y
The Development Sen�ices Director has re��iewed the proposed amendments to Chapter
19.48 of the Chula Vista Municipal Code (CVMC) for compliance with the California
Em=ironmental Quality Act (CEQA) and has determined that there is no possibiliti� that
the activiri� may have significant effect on the environment; therefore, pursuant to Section
1�061(b)(3) (General Rule) of the State CEQA Guidelines the activity is not subject to
CEQA. Althoueh environmental review is not necessarv at this time; additional
environmental revie��� ��ill be required as applicable prior to the approvai of any future
11 -1
DECEMBER 17, 2013, ttem�
Pa�e 2 of 4
project specific development entitlements including, but not limited to, site development
plans, building permits, land development permits, and conditional use permits.
RECOMMENDATION
That the City Council adopt the Ordinance, in accordance with the findings contained therein.
BOARDS/COMMISSION RECOMMENDATION
On November 20, 2013 Planning Commission adopted Resolution PCA-11-01
recommending 6-0-0-1 approval of the proposed CPF ordinance amendment.
DISCUSSION_
Backeround
In 1991, the City Council adopted a Communit}� Purpose Facilities (CPF) ordinance that
requires the provision of a minimum of 139-acres of CPF land per 1,000-persons within
a Sectional Planning Area (SPA) as a requirement of the SPA Plan approval. The
requirement intended to ensure sufficient land was available for CPF uses such as
churches and other non-profit service organizations within the lazge master planned
communities in Eastern Chula Vista.
In 2008 and 2010 the City entered into Land Offer Agreements (LOAs) with Otay Land
Company (OLC) and Jun Baldwin/State Street Bank & Trust (JPB/SSBT) that permitted
the reduction of CPF land requirements in Otay Ranch Villages 3; 8, 9 and 10 (less than
1.39 acres per 1,000 population) based on the pro��ision of University land, with the
understanding that municipal code amendments would be required prior to approval of
the resultant SPA projects.
In addition, other altemative compliance options have been proposed by the development
community in satisfaction of CPF acreage requirements. These options could entail
providing a CPF building on a reduced size CPF site, providing CPF user squaze footage
in ]azger commercial or mised-use buildings, as well as off-site CPF sites in dose
prosimity but outside SPA project areas.
Both ecumenical and social service organizations expressed interested in such CPF
facilities, specifically if these compliance options could provide a more affordable
opportunity to move into a facility without having to fundraise to buy land and build the
facilities themselves.
� 11 -2
DECEA�IBER 17. 2013; Item�
PaQe 3 of 4
Proposed A4unicioal Code Amendment
The proposed A4unicipal Code amendment H�ould clarifi� that reductions in the provision
of CPF land or an altemati��e compliance option would be acceptable through a binding
leoal aereement (i.e. LOA, development agreement, etc.) beti��een the Cih� and a
de��eloper, should certain findings be made.
The findines that must be made aze (1) the reduction in CPF acreaQe must be
accompanied by an extraordinary benefit that �vould not otherw�ise be obtained through
the provision of CPF acreage; (2) that the public benefit is similar in nature to and
satisfies the goals of the CPF requirement by providing land or a facility in which a
public sen�ice essential to the communin� fabric will be made available; (3) the
extraordinarv public benefit is euazanteed for a period of time detemuned appropriate by
the City Council for the n�pe of benefit provided; and (4) that a binding aereement be
provided to ensure the provision of the extraordinary benefit.
PUBLIC P,aRTICIPATION
In an effort to indude all affected parties; staff met �vith and solicited input on proposed
CPF ordinance amendmenu with representatives from the development and ecumenical
communities as ���ell as members of the Chula Vista Communitv Collaborative. Staff
presented the proposed amendments to the development communirv at their weekly team
meetings, held an ecumenical �vorkshop on June 2�, 2013 and made a formal presentation
to the Chula Vista Community Collaborati��e on August 13, 20li. These �oups
expressed interest in some of the alternati��e compliance options; such as buildines that
���ould provide build-to-suit floor area for CPF users.
CONCLUSIO\�
Staff believes that the CPF ordinance amendments can provide both eatraordinary public
benefits; such as public universih� lands; as well as compliance options that could benefit
the communin� of non-profit service providers of CPF uses that aze needed throuahout
the City. Specifically, if the compliance options can pro��ide more affordable
opportunities for CPF uses to move into a facilin� without ha��ine to fundraise to buy land
and build the facilities themselves. Therefore, staff concludes that the proposed CPF
ordinance amendment �i�ill be beneficial to the provision of future CPF facilities, and
recommends that.the Ciri Council adopt the proposed ordinance amendment.
DECISION MaKER CONFLICT
Staff has revie�ved the decision contemplated by this action and has determined that it is
not site-specific and consequentl}�, the �00-foot rule found in Califomia Code of
Regulations Section 18704.2(a) (1) is not applicable to this decision. Staff is not
independentl}� a���aze, nor has staff been informed by any Cin� Cou�cilmember, of any
other fact that may constitute a basis for a decision-mal:er conflict of interest in this
matter.
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DECEMBER 17, 2013, Item � �
Page 4 of 4
RELATIONSHIP TO THE CITY'S STRATEGIC PLAN
The City`s Strategic Plan has five major goals: Operational Excellence, Economic
Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected
Community. The proposed CPF ordinance amendments support the Economic Vitality
goal (Z.1), particularly City lnitiative 2.1.3 (Promote and support development of quality
master-planned communities). Approval of the CPF provisions will provide options for
accommodating required CPF uses in future SPA Plan azeas, and directly supports
provisions regazding the dedication of lands as agreed to in the University Land Offer
Agreements.
CURRENT YEAR FISCAL IMPACT
The processing costs for the Municipal Code Amendment were funded through the City's
adopted Fiscal Year 2013-14 budget for Advance Planning. There are no on-going costs
associated with this amendment.
ONGOING FISCAL IMPACT
Future consideration of CPF options will be done as part of associated SPA Plan reviews
��hose costs are funded through developer deposit accounts.
ATTACHMENTS
1. Planning Commission Resolution
2. Drafi CPF Ordinance
Prepared by: Harold Phelps, Associate Planner. Development Sen�rces Department
�� 1 1-4
Attachment 1
RESOLUTION NO. PCA-11-01
RESOLUTION OF THE CITY OF CH[JLA �'ISTA PL:Al��'ING
COnZ.nZISSION RECOA��\TDING THAT THE CITY COUNCIL
APPROVE AN ORDINANCE A1�IENDING A SECTION OF THE
PLAi1�`ED COA�ZUNITI' (PC) ZOn� ORDINAI��CE REGARDIIVG
THE REQU�II2EA'IENT'S FOR CONIl�ZUi��ITI'PURPOSE FACILITIES
(CPF).
VJHEREAS,in consideration of provisions in the Universit��Land Offer A�eements(LOAs)
related to Otay Ranch Villa2es 3, 8, 9 and 10, and inquiries from se��eral developers, the Cin
initiated amendments penainin�to the Planned Communiry (PC) Zone pro��isions for Community
Purpose Facilit}� (CPF) land; and;
VJHEREAS,the Citv has initiated this application(PCA-11-01)to amend Chapter 19.48 P-C
Planned Communin� Zone that provides the requirements for Sectional Plannina Area (SPA) plan
azeas: and.
WIIEREAS, the application (PCA-11-01) request revisions to Section 19.48.02�, the
provisions for Communih�Purpose Facility(CPF)land requiremenu for CPF acreage to be provided
���ithin SPA Planning Areas (`Project '); and,
WHEREAS, the proposed amendments �tiould allo�v for CPF land reductions if an
estraordinar}� public benefit was being pro��ided; and altemative compliance options that ���ould
allow for CPF facilities to be provided in altemative formats such as in building squaze-footase in
satisfaction of CPF acreage requirements; and �
WHEREAS,the Development Sen�ices Director has reviewed the proposed amendmenu to
Chapter 19.48 of the Chula Vista D4unicipal Code (CVMC) for compliance �»th the California
Environmental Quality Act(CEQA)and has determined that there is no possibility that the activirv
may have significant effect on the environment;therefore,pursuant to Section 1�061(b)(.i)(General
Rule) of the State CEQA Guidelines the activih� is not subject to CEQA; and,
WI-IEREAS, the Plannine Commission finds that the exemption is in accordance ���ith the
requirements of the Califomia Environmental Qualin=Act(CEQA),and the Environmental Review
Procedures of the Ciq�of Chula Vista; and,
WHEREAS; the Planning Commission set the time and place for a hearine on said Project
and notice of said hearing;together���ith its purpose;���as eiven by its publication in a ne"�spaper of
general circulation in the city at least ten da��s prior to the hearing; and
WHEREAS, the hearing was held at the time and place, namel}� 6:00 p.m., November 20.
20li; at the Civic Center, 276 Fourth Avenue, Buildine C; H.R. Trainin� Rooms B111 & B112,
before the Planning Commission and said hearina �i°as thereafrer closed.
11 -5
Resolution PCA 11-01
November 20,2013
Page-2-
NOW, THEREFORE, BE IT RESOLVED THAT,from the facts presented to the Planning
Commission,the Commission has determined that the approval of the Project is consistent with the
Chula Vista Municipal Code, City of Chula Vista General Plan, and that the public necessity,
convenience, general �i�elfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that
the City Council adopt the attached drafr Ordinance amending the Planned Community(PC) Zone
for providing Community Purpose Facility (CPF) land.
BE IT FURTHER RESOLVED THAT THE PLANNING COMNIISSION recommends that a
copy of this resolution be transmitted to the Ciry Council.
Presented by: Approved as to form by:
I�elly Broughton, FaSLn Glen R. Googins
Development Sen�ices Director City Attomey
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 20th day of November 2013 by the following vote, to-wit:
AYES: Ana}�a, Fragomeno, Livag, Nava, Moctezuma, Vinson
NOES: n/a
ABSENT: n/a
ABSTENTIONS: Calvo
Lisa Moctezuma, Chair
ATTEST:
Patricia Laughlin, Secretary
11 -6
Attachment 2
ORDIt�TAIvCE N0.
ORDIIv.�'CE OF THE CITY OF CHULA VISTA APPROVII�TG Ai�'
AIvIENDMENT TO THE PLAI�T�ED COMMUI�'ITY (PC) DISTRICT
REGULATIONS FOR THE PROVISIOI`T OF COMD�JI�7ITY PURPOSE
FACILITIES (CPF) IN SECTIONAL PLANi�1Ii�'G AREA (SPA) PLAI�'S.
R'HEREAS; an amendment to the Planned Communin� (PC) Zone for the provision of
Community Purpose Facilitv (CPF) land is the subject matter of this ordinance as detailed in the
Ciri� Council Aeenda Statement; and.
WHEREAS, the Citv has initiated this application (PCA-11-01) to amend Chapter 19.48
P-C Planned Communirv Zone that provides the requirements for Sectional Plannins Area (SPA)
plan azeas; and; �
VVHEREAS, the application (PCA-11-01) request revisions io Section 19.48.02�, the
pro��isions for Community Purpose Facility (CPF) land requuements for CPF acreaee to be
provided ���ithin SPA Plannine Areas ("Project"): and,
WHEREAS; the proposed amendments ��-ould allow for a reduction in otherw�ise required
CPF land where an estraordinary public benefit is provided. The amendment also includes an
altemative compliance option that ���ould allo��� for CPF facilities to be pro��ided in alternati��e
formats, such as in building squaze-footage, in lieu of the CPF acreage requirements; and
V�'HEREAS; the Development Sen�ices Director has reviewed the proposed amendmenu
to Chapter 19.48 of the Chula Vista A4unicipal Code (CVMC) for compliance with the California
Environmental Quality Act (CEQA) and has determined that there is no possibility that the
activity may ha��e significant effect on the environment therefore. pursuant to Section 1�061(b)
(3) (General Rule) of the State CEQA Guidelines the activity is not subject to CEQA; and,
R�I-IEREAS; the Planning Commission set the time and place for a hearing on the Project
(PCA-ll-01) and notice of said hearing; together with its purpose; ���as given by its publication
in a newspaper of eeneral circulation in the city at least ten days prior to the hearine; and;
R'HEREAS, the hearing ���as held at the tune and place, namel}� 6:00 p.m., November 20;
2013; in the Civic Center; Building C Trainine Room, 276 Fourth Avenue, before the Planning
Commission and said hearina was thereafrer closed: and.
\TJI�REAS, bv a �=ote of 6-0-0-1, the Planning Commission adopted Resolution PCA-
11-01 recommending City Council approval of the Project; and;
«JI-IEREAS; a public hearing on the Project was scheduled before the Cin� CounciL and
notice of said hearine, toeether with its purpose �i�as eiven by its publication in a newspaper of
eeneral circulation in the cih� at least ten da}�s prior to the hearins; and,
11 -7
Ordinance
Page 2
R�HEREAS; the hearing was held at the time and place, namely 2:00 p.m., December 17,
2013, in the City Council Chambers, 276 Fourth Avenue, before the Ciry Council and said
heazing��as thereafter closed; and,
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follo��s:
Section I. Amendment to CVMC Chapter 19.48 P-C (Planned Community) Zone as
follows:
19.48.025 Commu�ity purpose facilities—Minimum acreage required—Permitted uses.
A. All land in each P-C zone, or any section thereof, shall provide adequate land designated as
"community purpose facilities (CPF)," as defined in CVMC 19.04.0», to serve the residents of
the rolanned communit��.
B. Aoplicant shall provide a t� total of 1.39 acres of net usable land (including setbacks) per
1,000 population in a graded, useable condition with necessary access and utilities available for
CPF in the associated planned communitv, and such land shall be so designated for communitv
pumose facilities and for CPF land uses in perpetuitv in the sectional planning area (SPA)
plan(s) and planned community district regulations of each planned community priar to the
approval of the SPA Plan. The total acreage requirement may be reduced only if the city council
determines, in conjunction with its adoption of an SPA plan, that; a '°°°°� °.��..�' ��' '��a :°
..�..,.....,......,...e,. ......,..,....� t.. tl.:� ..o..t:.... �L,.,II l.o ....�.�..roo.7 ro..�r.71e�� ..F ....., F..�...o ..1..,....e.. :..
b D
..FF.,�:l:r:o..
1. Availabilitv of Shared ParkinQ. Based on availabilitv of shared oarkinQ with other facilities,
a lesser amount of land is needed. Such reduction in land shall not exceed the equivalent
necessary for the number of parkina spaces acquired through the shared parkin ag rrangement.
Anv shared oarking arranpements pursuant to this section shall be tuaranteed resardless of anv
future changes in occupancv of facilities; or
2. Extraordinan� Public Benefit. Subiect to the discretion of the Development Service
Director and recommendation from the Plannine Commission, CPF acreaee mav be reduced
subject to the following requirements:
a. The reduction in CPF acreage is accomqanied bv an extraordinarypublic benefit not
otherwise obtained through the provision of CPF acreage.
b. The vublic benefit is similar in nature to and satisfies the goals of CPF requirement b��
providinQ the communitv with land on which a public service. determined bti� the Citv
Council to be essential to part of the communitv fabric, for which land �vould not otherwise
be available. is orovided and made available to the communitv.
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Ordinance
Paee 3
c. The estraordinarv public benefit is ¢uaranteed in oeroetuih.
d. At the time of the consideration bv the Plannina Commission. the applicant has e�ecuted
a bindin¢ aereement. revie�red and approved as to form bv the Cirv Attornev which ensures
the pro��ision of the extraordinarv benefit in peroetuitv: or
3. Alteruati��e Comnliaoce. Subiect to the discretion of the Develonment Service Director and
recommendation from the PlanninQ Commission, an alternative comnliance mechanism (e � -
providina square footase ���ithin a buildine that „�Il accommodate CPF uses or constructine a
facilirv for CPF usel mav be anproved. provided such altemative mechanism meeis all of the
follo�zna requuements:
a. The Cin� Council finds that the altemative comoliance mechanism proposed is equi��alent
to the provision of the CPF acreaee otherw�ise reauired bv CVMC 19 48 0>>Bl
b. The altemati��e meets the definition of a CPF use in CVMC 19.48.02�(C)
c. The altemati��e comnliance mechanism is euaranteed in oemeruitv.
d. At the time of the consideration bv the Plannine Commission the apolicant has executed a
bindine aereement, re��ie��ed and appro��ed as to form bv the Citv Attomev. �+�hich ensures
the availabilin� of the altemative comoliance mechariism in peroetuin�.
Section II. Severabilit��
If an�� portion of this Ordinance, or its application to any person or circumstance, is for
anv reason held to be invalid, unenforceable or unconstitutional; by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidiri�, unenforceability or
unconstitutionality shall not affect the validih� or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The Cin� Council of the City of
Chula Vista herebv declazes that it ���ould 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 im�alid, unenforceable or unconstirutional.
Section ITI. Construction
The City Council of the Cih� 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
li¢ht of that intent.
Section IV. Effecti�•e Date
This Ordinance shall take effect and be in force on the thirtieth da�� afrer its final passage.
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Ordinance
Page 4
Section V. 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:
Kelly Broughton Glen R. Googins
Development Services Director City Attomey
PASSED, APPROVED, and ADOPTED by the City Council of the City-of Chula Vista,
California, this 17th day of December, 2013, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Cheryl Cox, Mayor
ATTEST:
Donna Norris, CMC; City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
CITY OF CHULA VISTA)
I, Donna Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. _ had its first reading at a regular meeting held on the ]7th day of December,
2013 and its second reading and adoption at a regular meeting of said City Council held on the
_day of , 2013.
Executed this_ day of , 2013.
Donna Norris, CMC, City Clerk
11 -10
ORDINAI�'CE I�'O.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVIi�TG
AN A1��ENDMENT TO THE PLAI�TI�TED COMMUI�TITY (PC)
DISTRICT REGULATIONS FOR THE PROVISION OF
COMMUI�iITY PURPOSE FACILITIES (CPF) II�' SECTIOT'AL
PLAI�'NII�'G AREA (SPA) PLANS
WHEREAS, an amendment to the Planned Communiti� (PC) Zone for the provision of
Community Purpose Facility (CPF) land is the subject matter of this ordinance as detailed in the
Cin�Council Aeenda Statement: and
R'HEREAS, the Cih� has initiated this application (PCA-11-01) to amend Chapter 19.48
P-C Planned Community Zone that provides the requirements for Sectional Plannine Area (SPA)
plan azeas; and
WHEREAS, the application (PCA-II-01) request revisions to Section 19.48.02�; the
provisions for Communirv Purpose Facility (CPF) land requirements for CPF acreaee to be
provided w�ithin SPA Planning Areas ("Projecr`); and
WHEREAS, the proposed amendments ��ould allow for a reduction in othen��ise required
CPF land where an extraordinarv public benefit is provided. The amendment also includes an
alternative compliance option that would allow for CPF facilities to be provided in altemative
formau, such as in buildine square-footaee, in lieu of the CPF acreage requirements; and
WHEREAS, the Development Services Director has reviewed the proposed amendments
to Chapter 19.48 of the Chula Vista Municipal Code (CVMC) for compliance �»th the CaliFomia
Environmental Quality Act (CEQA) and has determined that there is no possibility that the
activity may have sienificant effect on the environmenr, therefore, pursuant to Section 1�061(b)
(3) (General Rule) of the State CEQA Guidelines the activity is not subject to CEQA; and
WHEREAS, the Plannins Commission set the time and place for a hearing on the Project
(PCA-11-01) and notice of said hearine; toeether with its purpose; was given by its publication
in a ne�vspaper of eeneral circulation in the city at least ten days prior to the hearing an
WHEREAS, the hearine was held at the time and place; namely 6:00 p.m., I�'ovember 20;
2013, in the Ci��ic Center, Building C Trainina Room, 276 Fourth Avenue, before the Planning
Commission and said hearing ���as thereafrer closed; and
�T��HEREAS;.by a vote of 6-0-0-1. the Plannine Commission adopted Resolution PCA-
11-01 recommending City Council approval of the Project; and
NI-IEREAS, a public heazing on the Project ���as scheduled before the Ciry Council, and
notice of said hearine, together with its purpose was given by its publication in a newspaper of
general circulation in the city at least ten davs prior to the heazine; and
1:Wttomev\FINAL RESOS AND ORDI�AIdCES�?013\I2 17 13\Ordinance-CPF dm ediu ord 12-IO.doc
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Ordinance
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WHEREAS, the hearing was held at the time and place, namely 2:00 p.m., December 17;
2013, in the City Council Chambers, 276 Fourth Avenue, before the Cit}� Council and said
hearing was thereafrer closed; and
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Amendment to CVMC Chapter 19.48 P-C (Planned Community) Zone as
follows:
19.48.025 Community purpose facilities—Minimum acreage required—Permitted uses.
A. All land in each P-C zone, or any section thereof, shall provide adequate land designated as
"community purpose facilities (CPF)," as defined in CVMC 19.04.055. to seme the residents of
the planned community.
B. Applicant shall provide a t4 total of 1 39 acres of net usable land (including setbacks) per
1,000 population in a �raded, useable condition �vith necessarY access and utilities available for
CPF in the associated planned communitv, and such land shall be so designated for community
purpose facilities and for CPF land uses in uerqetuitv in the sectional planning area (SPA)
plan(s) and planned community district regulations of each planned community nrior to the
�roval of the SPA Plan. The total acreage requirement may be reduced only if the city council
determines, in conjunction with its adoption of an SPA plan, that; � '°°�°� �-��„�' �F ,���' :°
,.._...,,.e.,.o.,,.. ...,...,.,.... .,. .,,:.. �o,..:,.., ..w.,>> �.o ,...,,..,..,00a ..o,..,.-a�o..� ,.f .,.,., a,«,..o ,.�,.,..,.o� :.,
a .-
..FF....:1:r:e..
1. Availabilitv of Shared Parkine. Based on availabilitv of shared narkine with other facilities,
a lesser amount of land is needed. Such reduction in land shall not exceed the equivalent
necessarv for the number of parkinQ spaces acquired through the shared parkinQ arran�ement.
Any shared pazkine arranaements pursuant to this section shall be �uaranteed re�ardless of any
future changes in occupancy of facilities; or
2. Extraordinary Public BeneSt. Subiect to the discretion of ihe Development Service
Director and recommendation from the Planning Commission, CPF acreaee mav be reduced
subject to the following requirements:
a. The reduction in CPF acrea�e is accompanied bv an estraordinarv public benefit not
otherwise obtained through the provision of CPF acreage.
b._ The public benefit is similar in nature to and satisfies the eoals of CPF reguirement bv
providine the communitv with land on �i�hich a public service, determined bv the Citv
Council to be essential to part of the communitv fabric, for which land �vould not other�i�ise
be available, is provided and made available to the communit�
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Ordinance
Paee 3
c. The extraordinar�� public benefit is euaranieed in perpetuirv.
d. At the time of the consideration bv the Plannine Commission, the anplicant has executed
a bindine aQreement. revie�ved and anproved as to form bv the Cin� Attomev. ���hich ensures
the provision of the extraordinarv benefit in �erpetuiri�: or
3. Alternative Compliance. Subiect to the discretion of the Development Service Director and
recommendation from the Plannine Commission. an alternative compliance mechanism (e.e.
providine square footaee �a•ithin a buildine that ���11 accommodate CPF uses or constructine a
facilin� for CPF usel ma�� be approved. provided such altemative mechanism meets all of the
foliow�in2 requirements:
a. The Citv Council finds that the altemative compliance mechanism nroposed is equivalent
to the orovision of the CPF acrease otherw�se required bv CVMC 14.48.02�(Bl.
b. The altemative meets the definition of a CPF use in CVA4C 19.48.02�(C).
c. The alternative compliance mechanism is euaranteed in perpetuitv.
d. At the time of the consideration bv the Plannine Commission. the applicant has executed a
bindin� aereement, revie�ved and approved as to form bv the Citv Attomev. ���hich ensures
the availabilitv of the altemative compliance mechanism in peroetuitv.
Section II. Severability
If any portion of this Ordinance; or its application to any person or circumstance, is for
anv reason held to be invalid, unenforceable or unconstitutional; by a court of competent
jwisdiction, that portion shall be deemed severable, and such invalidity, unenforceabilitv or
unconstitutionalih� shall not affect the validin� or enforceability of the remainine portions of the
Ordinance, or its application to any other person or circumstance. The Cin� Council of the City of
Chula Vista hereby declazes that it would have adopted each section, sentence;clause or pkuase
of this Ordinance; irrespecti��e of the fact that any one or more other sections; sentences, clauses
or phrases of the Ordinance be declared im�alid, unenforceable or unconstirutional.
Section III. Construction
The Cit}� Council of the Cit}� 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
lieht of that intent.
Section N. Effective Date
This Ordinance shall take effect and be in force on the thirtieth da}• afrer its final passa�e.
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Ordinance
Page 4
Section V. 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 rm by:
G�
Kelly Broughton G n R. G g
Development Services Director C ty Attor�iey
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