HomeMy WebLinkAboutItem 3 - Staff Report - Ordinance 19.14 AmendmentCHULA VISTA
Item: 3
Meeting Date: 3/08/17
ITEM TITLE: Public Hearing: ADOPTION OF AN ORDINANCE AMENDING
CHAPTER 19.14 OF THE CHULA VISTA MUNICIPAL CODE
(CVMC) BY ADDING A NEW SECTION CREATING AN
INITIATION PROCESS FOR AMENDMENTS TO THE GENERAL
PLAN, SECTIONAL PLANNING AREA PLANS, GENERAL
DEVELOPMENT PLANS, SPECIFIC PLANS, PRECISE PLANS
(LAND USE PLANS) AND FOR REZONING
SUBMITTED BY: Kelly Broughton, Director of Development Services
REVIEWED BY: Gary Halbert, City Manager
INTRODUCTION
Under the City Municipal Code, applicants can submit land use plan amendment and rezoning
requests to the City. Currently these legislative action requests are processed as part of proposed
development projects and consolidated with all other discretionary actions necessary for City
consideration of the applicant's project. As part of some recent development projects, concerns
were raised on the part of staff about the merits of the plan amendment being proposed and
applicants were advised that staff could not support the overall project proposal as a result. In
these instances, the applicant has been placed in a position of deciding to forgo their project, or
to spend money and significant time to develop their proposal, conduct appropriate
environmental impact analysis, and to process it through the City with no early mechanism to
gauge the potential interest of the Planning Commission or City Council in the plan amendment
or rezoning being requested.
As a means to address this situation, staff is proposing the attached amendments to the Municipal
Code. The amendments provide a process for City Council to communicate its willingness to
consider a proposed plan amendment or rezoning by its willingness to accept an application and
allocate staff resources to its processing. The City Council would retain full discretion to
approve or disapprove the proposal once it was fully analyzed. The proposed initiation process
would also address another conrrnunity concern by allowing for early public knowledge and
involvement in an important land use change being considered by the City before a specific
development project is submitted.
Planning Commission
March 8, 2017
Page -2-
ENVIRONMENTAL REVIEW
The Director of Development Services 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 of the State CEQA Guidelines because it will not result
in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State
CEQA Guidelines, the activity is not subject to CEQA. In addition, notwithstanding the
foregoing, the Director of Development Services has also determined that the activity qualifies
for an Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines. Thus, no
environmental review is required.
RECOMMENDATION
That the Planning Commission adopt Resolution recommending City Council approval of the
proposed Ordinance.
DISCUSSION
There are some California jurisdictions that require certain plan amendments and rezones to go
through a preliminary step to initiate the approval process. The initiation is the first point of
consideration by a decision maker. It is a limited decision and is neither an approval nor denial
of the proposed plan amendment or rezone, or the accompanying development project. The
focus of the initiation process is on the question of whether the nature of the proposed change to
the plan or zoning warrants expending staff and applicant's future resources in light of initiation
criteria proposed in the draft ordinance.
Three criteria (initiation Criteria) are being proposed to be used by City Council to decide
whether to approve initiation:
1. The plan amendment or rezone request is consistent with the goals and policies of the
General Plan and applicable Sectional Planning Area Plan, General Development Plan, Specific
Plan, or Precise Plan;
2. The proposed plan amendment or rezone provides additional public benefit to the
cornmunity as compared to the existing land use designation, density/intensity range, plan policy
or site design;
3. Public facilities appear to be available to serve the proposed increase in density/intensity,
or their provision will be addressed as a component of the amendment process.
The focus of the initiation hearing would be upon the fundamental question of whether the
proposed change to the plan or zone is worthy of further analysis based upon compliance with
the above Initiation Criteria.
This proposed process would not impact City initiated plan amendments or rezonings undertaken
by staff as part of a City work program.
Planning Commission
March 8, 2017
Page -3-
It is important to emphasize that no City Council approval or denial of the initiation of a plan
amendment or rezone would constitute a decision on the merits of the proposal itself. Action on
the proposal itself could only occur after full project analysis, completion and consideration of
the applicable CEQA study, and the consideration of all testimony at a public hearing. Any
private applicant using this process would be required to acknowledge this fact and to waive and
release the City from any related claims.
DECISION -MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently, the 500 -foot rule found in California Code of Regulations Title 2,
section 18702,2(a)(11), is not applicable to this decision for purposes of determining a
disqualifying real property -related financial conflict of interest under the Political Reform Act
(Cal. Gov't Code § 8 710 0, et sect.).
Staff is not independently aware, and has not been informed by any City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality,
Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The
creation of a land use plan amendment and rezoning initiation process promotes operational
excellence by providing a predictable and less costly process for considering the merits of land
use plan amendments or rezoning actions. The proposed process also fosters a connected
community by encouraging citizen involvement early in the important consideration of whether
to amend a land use plan or to rezone a property.
CURRENT YEAR FISCAL IMPACT
None
ONGOING FISCAL IMPACT
The cost of City processing land use plan amendments or rezoning initiations will be borne by
project applicants.
ATTACHMENTS
Attachment 1 — Ordinance
Attachment 2 — Planning Commission Resolution