HomeMy WebLinkAbout2018-09-26 PC/HAC Agenda
City of Chula Vista Boards & Commissions
Joint meeting of the
Chula Vista Planning Commission and the
Housing Advisory Commission
3. EIR-14-001; PCM-14-05; Consideration of an Environmental
Impact Report, amendments to the Otay Ranch General
Development Plan, and a Sectional Planning Area Plan including
Planned Community District Regulations/Design Plan (Chapter
3 - Development Code) for the University Innovation District.
Resolution No. EIR-14-001; of the Planning Commission of the City of Chula Vista
recommending that the City Council make certain Findings of Fact; adopt a Statement of
Overriding Considerations; adopt a Mitigation Monitoring and Reporting Program and
certify the Environmental Impact Report (EIR-14-001/SCH 2014121097) for
amendments to the Otay Ranch General Development Plan and adoption of the
University Innovation District Sectional Planning Area Plan including Planned
Community District Regulations/Design Plan (Chapter 3 Development Code) pursuant
to the California Environmental Quality Act.
Resolution No. PCM-14-05; of the Planning Commission of the City of Chula Vista
recommending that the City Council approve: amendments to the Otay Ranch General
Development Plan; a Sectional Planning Area Plan; and an Ordinance adopting the
Planned Community District Regulations/Design Plan (Chapter 3 Development Code)
for the University Innovation District.
The Planning Commission adopts Resolutions EIR-14-001 and
PCM-14-05, recommending that the City Council approve:
1. A Resolution certifying EIR-14-001; and
2. A Resolution approving the Otay Ranch General Development Plan Amendments;
and
3. A Resolution approving the University Innovation District Sectional Planning Area
(SPA) Plan; and
4. An Ordinance approving the Planned Community District Regulations/Design Plan
(Chapter 3 Development Code) for the University Innovation District.
In compliance with the
AMERICANS WITH DISABILITIES ACT
RESOLUTION NO. 18-003
RESOLUTION OF THE CITY OF CHULA VISTA HOUSING
ADVISORY COMMISSION RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPT AN
ORDINANCE AMENDING VARIOUS SECTIONS OF TITLE 19
MUNICIPAL CODE TO ADDRESS COMPLIANCE WITH STATE
LAWS GOVERNING SUPPORTIVE RESIDENTIAL USES, AS
PROCEDURES PERMITS
APPLICATIONS HEARINGS -
-3 APARTMENT RESIDENTIAL ZONE, -V VISITOR
-T - THOROUGHFARE
-L - LIMITED INDUSTRIAL
-C
,-STREET
PROCEDURES TO PERMIT EMERGENCY SHELTERS, SINGLE
ROOM OCCUPANCY RESIDENCES, TRANSITIONAL AND
SUPPORTIVE HOUSING, QUALIFIED EMPLOYEE HOUSING
AND RESIDENTIAL FACILITIES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
alifornia Fair
Employment and Housing Act, herein
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City, on
April 23, 2013, adopted its 2013-2020 Housing Element of the General Plan, which specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
Municipal Code contained in the subject Ordinance address the required amendments and
HAC Resolution 18-003
September 26, 2018
Page -2-
provide for greater clarification or repeal of other definitions of similar land uses such as hotels,
motels, efficiency apartments, and labor camps; and
WHEREAS, the Development Services Director has reviewed the subject Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Title 19 of the Chula Vista Municipal
Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines Section 15378
because the modifications to the Municipal Code are administrative actions that will not result in
physical changes to the environment; therefore, pursuant to State Guidelines Section 15060(c)(3)
no environmental review is required. In addition, notwithstanding the foregoing, the Director of
Development Services has also determined that the adoption and implementation of the
Ordinance amending Title 19 of the Municipal Code by adding definitions and procedures for
emergency shelters, single room occupancy residences, transitional and supportive housing,
residential facilities, and qualified employee housing and providing for greater clarification or
repealing of other definitions of similar land uses such as hotels, motels, efficiency apartments
and labor camps will not result in any physical development in and of itself, and thus will not
cause a significant effect on the environment. Further, the changes implement existing General
Plan policies, objectives, and programs contained in the Housing Element, and are required to be
adopted to conform to State law. The amendment therefore qualifies for an Exemption pursuant
to Section 15061(b)(3) of the CEQA State Guidelines, which means that the activity is not
subject to CEQA; and
WHEREAS, a hearing time and place was set by the Planning Commission and the
Housing Advisory Commission to consider the Chula Vista Municipal Code amendments and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission and Housing Advisory Commission held a duly
noticed public hearing to consider said code amendments at the time and place as advertised in
the City Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Housing Advisory Commission
hereby recommends that the City Council of the City of Chula Vista adopt the proposed
amendments to Title 19 of the Chula Vista Municipal Code related to Emergency Shelters,
Single Room Occupancy Residences, Transitional and Supportive Housing, Qualified Employee
Housing and Residential Facilities.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
City Council.
Presented by: Approved as to form by:
_________________________ _____________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
RESOLUTION NO. MPA 18-0009
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPT AN ORDINANCE
AMENDING VARIOUS
TO ADDRESS COMPLIANCE WITH STATE LAWS GOVERNING
SUPPORTIVE RESIDENTIAL USES, AS DEFINED IN CHAPTER
RES PERMITS
APPLICATIONS HEARINGS -
-3 APARTMENT RESIDENTIAL ZONE, -V VISITOR
-T - THOROUGHFARE
-L - LIMITED INDUSTRIAL
-C PLANNED COMMUNITY ZONE,
,-STREET
PROCEDURES TO PERMIT EMERGENCY SHELTERS, SINGLE
ROOM OCCUPANCY RESIDENCES, TRANSITIONAL AND
SUPPORTIVE HOUSING, QUALIFIED EMPLOYEE HOUSING
AND RESIDENTIAL FACILITIES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
a Fair
Employment and Housing Act, herein
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City, on
April 23, 2013, adopted its 2013-2020 Housing Element of the General Plan, which specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
Municipal Code contained in the subject Ordinance address the required amendments and
PC Resolution MPA18-0009
September 26, 2018
Page -2-
provide for greater clarification or repeal of other definitions of similar land uses such as hotels,
motels, efficiency apartments, and labor camps; and
WHEREAS, the Development Services Director has reviewed the subject Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Title 19 of the Chula Vista Municipal
Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines Section 15378
because the modifications to the Municipal Code are administrative actions that will not result in
physical changes to the environment; therefore, pursuant to State Guidelines Section 15060(c)(3)
no environmental review is required. In addition, notwithstanding the foregoing, the Director of
Development Services has also determined that the adoption and implementation of the
Ordinance amending Title 19 of the Municipal Code by adding definitions and procedures for
emergency shelters, single room occupancy residences, transitional and supportive housing,
residential facilities, and qualified employee housing and providing for greater clarification or
repealing of other definitions of similar land uses such as hotels, motels, efficiency apartments
and labor camps will not result in any physical development in and of itself, and thus will not
cause a significant effect on the environment. Further, the changes implement existing General
Plan policies, objectives, and programs contained in the Housing Element, and are required to be
adopted to conform to State law. The amendment therefore qualifies for an Exemption pursuant
to Section 15061(b)(3) of the CEQA State Guidelines, which means that the activity is not
subject to CEQA; and
WHEREAS, a hearing time and place was set by the Planning Commission and the
Housing Advisory Commission to consider the Chula Vista Municipal Code amendments and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission and Housing Advisory Commission held a duly
noticed public hearing to consider said code amendments at the time and place as advertised in
the City Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the City Council of the City of Chula Vista adopt the proposed amendments to
Title 19 of the Chula Vista Municipal Code related to Emergency Shelters, Single Room
Occupancy Residences, Transitional and Supportive Housing, Qualified Employee Housing and
Residential Facilities.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
City Council.
Presented by: Approved as to form by:
_________________________ _____________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
RESOLUTION NO. 18-004
RESOLUTION OF THE CITY OF CHULA VISTA
HOUSING ADVISORY COMMISSION RECOMMENDING
THAT THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPT AN ORDINANCE AMENDING CHULA
VISTA MUNICIPAL CODE ING
LE ROOM OCCUPANCY
RESIDENCES, TO REDEFINE HOTEL/MOTEL, AND TO
REQUIRE AN ANNUAL HOUSING PERMIT FOR SINGLE
ROOM OCCUPANCY RESIDENCES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
,
Employment and Housing Act, herein,
using for individuals with disabilities and those in need of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City
adopted on April 23, 2013 its 2013-2020 Housing Element of the General Plan that specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions contained in the subject Ordinance to City of Chula Vista
Mun,
residences, redefine hotel/motel and to require an annual housing permit for SRO residences,
, address the required
amendments; and
WHEREAS, the Development Services Director has reviewed the subject Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Chapter 15.20 of Title 15 of the Chula
Vista Municipal Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines
Section 15378 because the modifications to the Municipal Code are administrative actions that
will not result in physical changes to the environment; therefore, pursuant to State Guidelines
Section 15060(c)(3) no environmental review is required. In addition, notwithstanding the
HAC Resolution 18-004
September 26, 2018
Page -2-
foregoing, the Director of Development Services has also determined that the adoption and
implementation of Title 15 of the
Municipal Code to define single room occupancy residences, to redefine hotel/motel, and to
require an annual housing permit for single room occupancy residences will not result in any
physical development in and of itself, and thus will not cause a significant effect on the
environment. Further, the changes implement existing General Plan policies, objectives, and
programs contained in the Housing Element. The amendment therefore qualifies for an
Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines, which means that the
activity is not subject to CEQA; and
WHEREAS, a hearing time and place was set by the Planning Commission and the
Housing Advisory Commission to consider the Chula Vista Municipal Code amendments and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission and Housing Advisory Commission held a duly
noticed public hearing to consider said code amendments at the time and place as advertised in
the City Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Housing Advisory Commission
hereby recommends that the City Council of the City of Chula Vista adopt the proposed
amendments to Chula Vista Municipal Code Chapter 15.20 ingle
room occupancy residences, to redefine hotel/motel, and to require an annual Housing Permit
for single room occupancy residences.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
City Council.
Presented by: Approved as to form by:
_________________________ _____________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
RESOLUTION NO. MPA18-0011
RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION RECOMMENDING THAT THE
CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPT
AN ORDINANCE AMENDING CHULA VISTA
MUNICIPAL CODE CHAPT
TO DEFINE SINGLE ROOM OCCUPANCY RESIDENCES,
TO REDEFINE HOTEL/MOTEL, AND TO REQUIRE AN
ANNUAL HOUSING PERMIT FOR SINGLE ROOM
OCCUPANCY RESIDENCES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
,
Employment and Housing Act, herein,
using for individuals with disabilities and those in need of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City
adopted on April 23, 2013 its 2013-2020 Housing Element of the General Plan that specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions contained in the subject Ordinance to City of Chula Vista
Mun,
residences, redefine hotel/motel and to require an annual housing permit for SRO residences,
, address the required
amendments; and
WHEREAS, the Development Services Director has reviewed the subject Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Chapter 15.20 of Title 15 of the Chula
Vista Municipal Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines
Section 15378 because the modifications to the Municipal Code are administrative actions that
will not result in physical changes to the environment; therefore, pursuant to State Guidelines
Section 15060(c)(3) no environmental review is required. In addition, notwithstanding the
PC Resolution MPA18-0011
September 26, 2018
Page -2-
foregoing, the Director of Development Services has also determined that the adoption and
implementation of Title 15 of the
Municipal Code to define single room occupancy residences, to redefine hotel/motel, and to
require an annual housing permit for single room occupancy residences will not result in any
physical development in and of itself, and thus will not cause a significant effect on the
environment. Further, the changes implement existing General Plan policies, objectives, and
programs contained in the Housing Element. The amendment therefore qualifies for an
Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines, which means that the
activity is not subject to CEQA; and
WHEREAS, a hearing time and place was set by the Planning Commission and the
Housing Advisory Commission to consider the Chula Vista Municipal Code amendments and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission and Housing Advisory Commission held a duly
noticed public hearing to consider said code amendments at the time and place as advertised in
the City Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the City Council of the City of Chula Vista adopt the proposed amendments to
Chula Vista Municipal Code Chapter 15.20 ingle room occupancy
residences, to redefine hotel/motel, and to require an annual Housing Permit for single room
occupancy residences.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
City Council.
Presented by: Approved as to form by:
_________________________ _____________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
Attachment 3
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 15.20
FINE SINGLE ROOM
OCCUPANCY RESIDENCES, TO REDEFINE HOTEL/MOTEL,
AND TO REQUIRE AN ANNUAL HOUSING PERMIT FOR
SINGLE ROOM OCCUPANCY RESIDENCES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
Element of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City
adopted on April 23, 2013 its 2013-2020 Housing Element of the General Plan that specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions contained in this Ordinance to City of Chula Vista Municipal
redefine hotel/motel and to require an annual housing permit for SRO residences, with SRO
equired amendments; and
WHEREAS, the Development Services Director has reviewed the Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Chapter 15.20 of Title 15 of the Chula
Vista Municipal Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines
Section 15378 because the modifications to the Municipal Code are administrative actions that
will not result in physical changes to the environment; therefore, pursuant to State Guidelines
Section 15060(c)(3) no environmental review is required. In addition, notwithstanding the
foregoing, the Director of Development Services has also determined that the adoption and
implementation of the Ord
Municipal Code to define single room occupancy residences, to redefine hotel/motel, and to
require an annual housing permit for single room occupancy residences will not result in any
physical development in and of itself, and thus will not cause a significant effect on the
environment. Further, the changes implement existing General Plan policies, objectives, and
programs contained in the Housing Element. The amendment therefore qualifies for an
Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State
Guidelines, which means that the activity is not subject to CEQA;
WHEREAS, the Planning Commission and the Housing Advisory Commission held an
advertised public hearing on the subject Ordinance on September 26, 2018.
WHEREAS, the Planning Commission voted ___________ to adopt PC Resolution No.
MPA18-0011 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the Housing Advisory Commission voted ___________ to adopt HAC
Resolution No. 18-004 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the Municipal Code
Amendment (MPA 2018-0011) and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely October 16,
2018, at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Consistency with General Plan
The amendments provided for herein are consistent with the City of Chula Vista General
Plan and local, state, and federal law, and the public necessity, convenience, general welfare and
good zoning practice support the amendments.
The City Council has duly considered the Staff Report, considered all recommendations
by staff and public testimony, and all other information available and believes that the Municipal
Code Amendment is in the best interest of the public because it ensures operations for healthy
living environments for guests and surrounding communities. The Amendment includes, but is
not limited to, defining single room occupancy residences, redefining hotel/motel, and requiring
an annual Housing Permit for single room occupancy residences.
Section II. Amendment of Chula Vista Municipal Code Title 15 (Buildings and
Construction)
to define single
room occupancy (SRO) residences, redefine hotel/motel and to require an annual housing permit
for single room occupancy residences, with SRO
schedule. (Added text is shown in underline format, and deleted text is shown in strike-through
format.)
A. Section is hereby amended to add, and renumber accordingly,
the definitions of Single Room Occupancy Residence as
follows:
15.20.002 Definitions.
For the purpose of this chapter, unless otherwise expressly stated, the following words and
phrases shall have the meanings respectively ascribed to them by this section:
A.
lodging for transient visitors to the City as documented by the City Building Official or his
designee;
B. or facility, containing comprised of
six or more guestrooms or suites of rooms, where a majority of such rooms are which is
occupied, or intended or designed for occupancy by guests for temporary lodging or sleeping
purposes for less than thirty (30) consecutive calendar days, and is held out as such to the public
(not including hospitals, residential facilities, qualified employee housing, boarding or lodging
house or single room occupancy residencesconvalescent home or sanitarium;
Csingle room occupancy residence,
boarding or lodging house, or dwelling that is not owner occupied;
D. residence rooming unit or efficiency living unit
located in a building containing six or more dwelling units that are offered for occupancy by
residential tenants for at least thirty consecutive days. Kitchen and bathroom facilities may be
wholly or partially included in each living space or may be fully shared.
DF
and shall comply in all ways with the California Building Codes in effect upon its construction.
Toilet rooms may also contain lavatories, bathtubs or showers;
EG.
B. Section 15.20.040, Section 304 is hereby amended to add single room occupancy
residences as a residential use requiring an annual housing permit, as follows:
Section 15.20.040, Section 304 added to require annual housing permit.
Section 304, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which section shall read as follows:
Annual Housing Permit.
Section 304.1 It shall be unlawful for any person, firm, partnership, or corporation, either
for himself or itself, or for any other person, firm, partnership, or corporation to own or
operate an apartment house, boarding or lodging house, or hotel/motel, or single room
occupancy residence without first obtaining a housing permit therefor.
Section 304.2 The annual housing permit provided for in this code shall be due and
payable to the city of Chula Vista on the first day of January of each year in advance. The
housing permit fee shall be paid concurrently with the business license fee.
Section 304.3 If any person, firm, partnership or corporation commences the operation of
an apartment house, boarding or lodging house, or hotel/motel, or single room occupancy
residence during the calendar year, the housing permit shall be prorated on a quarterly
pro rata basis for the calendar year.
Section 304.4 A permit to operate and maintain an apartment house, boarding or lodging
house, or hotel/motel, or single room occupancy residence is not transferable.
C. Section 15.20.050, Section 305 is hereby amended to add single room occupancy
residences as a residential use subject to payment of housing permit fees set by the master
fee schedule, as follows:
er fee
schedule.
Section 305, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which section shall read as follows:
Housing Permit Fees Residential Rental Units, Apartment Houses, Boarding or
Lodging Houses, Hotels/andMotels, or Single Room Occupancy Residences.
Section 305.1 The fee for a housing permit required by Section 304 of this code shall be
as presently designated, or as it may hereafter be amended, as set forth in the master fee
schedule of the city of Chula Vista.
house or single room occupancy residence, each sleeping room in a hotel, motel, and
boarding or lodging house, and each rental dwelling unitapartment and each hotel/motel
sleeping room in a building containing both apartments and hotel/motel sleeping rooms.
Separate residential rental dwelling units and separate hotel/motel buildings, or
combination thereof, located upon a single parcel of land or contiguous parcels of land,
under the same ownership, shall be treated as one apartment houseresidential rental
building, or hotel/motel, for the purpose of computing the fee prescribed by this section.
Section 305.2 Penalty for Delinquent Payment. If the housing permit is not paid on or
before the thirtieth day of the month following the date when it became due, then a
penalty in an amount equal to twenty-five percent of the permit fee due and payable shall
be added thereto, and no such permit shall be issued until such penalty has been paid.
Section 305.3 The assistant director of planning and buildingDevelopment Services
Director shall cause to be made such inspections, at such intervals, as shall be deemed
necessary to insure compliance with the provisions of this code.
D. Section 15.20.060, Section 306 is hereby amended to add SRO residence as a residential
use subject to the requirements for an annual housing permit, as follows:
15.20.060 Section 306 added to require suspension or revocation of annual housing permit
where operation is nonconforming.
Section 306, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which section shall read as follows:
Suspension and Revocation of Housing Permit.
Section 306 Whenever it is found that any apartment house, boarding or lodging house,
hotel/or motel, or single room occupancy residence is not being conducted in conformity
with this code, the annual housing permit to operate shall be subject to revocation or
suspension by the building official.
Section III. 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 IV. 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 V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. 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 G. Broughton, FASLA Glen R. Googins
Director of Developmental Services City Attorney
Attachment 4
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF TITLE 19
ZONING OF THE CITY OF CHULA VISTA MUNICIPAL
CODE TO ADDRESS COMPLIANCE WITH STATE LAWS
GOVERNING SUPPORTIVE RESIDENTIAL USES, AS
DEFINED IN CHAPTER 19.04 DEFINITIONS AND FOUND
IN CHAPTERS 19.14
PERMITS APPLICATIONS HEARINGS - APPEALS 19.16
, 19.20
AGRICULTURAL ZONE19.28 R-3 APARTMENT
RESIDENTIAL ZONE -V VISITOR COMMERCIAL
19.40 -T - THOROUGHFARE COMMERCIAL
ZONE 19.44 -L - LIMITED INDUSTRIAL ZONE 19.48
P-C PLANNED COMMUNITY ZONE19.54
UNCLASSIFIED USES 19.58 USES, AND 19.62 OFF-
STREET PARKING AND LOADING TO DEFINE AND
ESTABLISH PROCEDURES TO PERMIT EMERGENCY
SHELTERS, SINGLE ROOM OCCUPANCY RESIDENCES,
TRANSITIONAL AND SUPPORTIVE HOUSING, QUALIFIED
EMPLOYEE HOUSING, AND RESIDENTIAL FACILITIES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
Housing Act Amendments (42 U.S.C. Section 3601), hereinafter FHAA the California Fair
Employment and Housing Act, hereinafter Fair Housing Laws and the Housing Element of
the General Plan to facilitate housing for individuals with disabilities and those in need of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City, on
April 23, 2013, adopted its 2013-2020 Housing Element of the General Plan, which specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes of 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions to Title 19 Zoning of the Chula Vista
Municipal Code contained in this Ordinance address the required amendments and provide for
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greater clarification or repeal of other definitions of similar land uses such as hotels, motels,
efficiency apartments and labor camps; and
WHEREAS, the Development Services Director has reviewed the Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Title 19 of the Chula Vista Municipal
Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines Section 15378
because the modifications to the Municipal Code are administrative actions that will not result in
physical changes to the environment; therefore, pursuant to State Guidelines Section 15060(c)(3)
no environmental review is required. In addition, notwithstanding the foregoing, the
Development Services Director has also determined that the adoption and implementation of the
Ordinance amending Title 19 of the Municipal Code by adding definitions and procedures for
emergency shelters, single room occupancy residences, transitional and supportive housing,
residential facilities, and qualified employee housing and providing for greater clarification or
repealing of other definitions of similar land uses such as hotels, motels, efficiency apartments
and labor camps will not result in any physical development in and of itself, and thus will not
cause a significant effect on the environment. Further, the changes implement existing General
Plan policies, objectives, and programs contained in the Housing Element, and are required to be
adopted to conform with State law. The amendment therefore qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines,
which means that the activity is not subject to CEQA; and
WHEREAS, the Planning Commission and the Housing Advisory Commission held an
advertised public hearing on the subject Ordinance on September 26, 2018.
WHEREAS, the Planning Commission voted ___________ to adopt PC Resolution No.
MPA 18-0009 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the Housing Advisory Commission voted ___________ to adopt HAC
Resolution No. 18-003 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the Municipal Code
Amendment (MPA 2018-0009) and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely October 16,
2018, at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
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NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Consistency with General Plan
The amendments provided for herein are consistent with the City of Chula Vista General
Plan and local, state, and federal law, and the public necessity, convenience, general welfare and
good zoning practice support the amendments.
The City Council has duly considered the Staff Report, considered all recommendations
by staff and public testimony, and all other information available and believes that the Municipal
Code amendments are in the best interest of the public because they 1) establish objective
standards and, therefore, more certainty in the residential development review process; and 2)
address compliance with housing element law relative to emergency shelters, single room
occupancy residences, transitional and supportive housing, residential facilities, and qualified
employee housing. The amendments include, but are not limited to, updated and/or new
definitions for emergency shelters, single room occupancy residences, transitional and supportive
housing, residential facilities, and qualified employee housing and greater clarification or repeal
of other definitions of similar land uses such as hotels, motels, efficiency apartments, and labor
camps.
Section II. Amendment of Chula Vista Municipal Code Title 19 (Planning and Zoning)
This Ordinance amends Municipal Code Title 19, specifically Chapters 19.04
Definitions 19. Permits Applications Hearings -
Appeals19.16 19.20 Agricultural Zone 19.28 R-3
Apartment Residential Zone -V 19.40 -T -
Thoroughfare Commercial Zone 19.44 - Limited Industrial Zone -C Planned
Community Zone19.54 Unclassified Uses 19.58 Uses and 19.62 Off-Street Parking and
Loading to define and establish standard procedures for the development and permitting of
emergency shelters, single room occupancy dwellings, transitional and supportive housing,
residential facilities and qualified employee housing and provide greater clarification or repeal of
other definitions of similar land uses such as hotels, motels, efficiency apartments, and labor
camps. (Added text is shown in underline format, and deleted text shown in strike-through
format.)
A. Chapter 19 is hereby amended to add and renumber
accordingly, the definitions of Emergency shelter
Supportive housingand Transitional
housing as follows:
19.04.089.2 Emergency shelter.
Emergency shelter means housing with minimal supportive services for homeless persons,
with occupancy limited to a six-month term or less by homeless persons. Emergency shelter shall
have the same meaning as defined in Section 50801(e) of the California Health and Safety Code.
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19.04.191 Qualified employee housing.
means accommodations for employees as defined in Section
17008 of the California Health and Safety Code, as may be amended, which has qualified or
where the owner intends to qualify for a permit to operate under the Employee Housing Act
(Health & Safety Code §§ 17000 et seq.).
19.04.194.1 Residence, single room occupancy (SRO).
Residence, single room occupancy (SRO) means a rooming unit or efficiency living unit
located in a building containing six or more such dwellings that are offered for occupancy by
residential tenants for at least thirty consecutive days. Kitchen and bathroom facilities may be
wholly or partially included in each living space or may be fully shared.
19.04.198.1 Residential facility.
esidential facility means any family home, group care facility, or similar facility, licensed by
the State of California, for 24-hour nonmedical care of persons in need of personal services,
supervision or assistance essential for sustaining the activities of daily living or for the protection
of the individual.
19.04.290.1 Supportive housing.
Supportive housing means housing with no limit on length of stay, that is occupied by the
target population, and that is linked to an onsite or offsite service that assists the supportive
housing resident in retaining the housing, improving his or her health status, and maximizing his
or her ability to live and, when possible, work in the community (Section 65582(g) of the State
Government Code). Target population means persons with low incomes who have one or
more disabilities as described in Section 65582(i) of the State Government Code.
19.04.299 Transitional housing.
Transitional housing means buildings configured as rental housing developments, but operated
under program requirements that require the termination of assistance and recirculating of the
assisted unit to another eligible program recipient at a predetermined future point in time that
shall be no less than six months from the beginning of the assistance (Section 65582(j) of the
State Government Code).
B. Chapter 19.04, Definitions is hereby amended to revise or repeal the
definitions of
Efficiency living unit Hotel and Motor hotel to
specifically address qualified employee housing as an allowable use and clarify efficiency living
units within these definitions, to eliminate redundancy of terms, and to renumber accordingly, as
follows:
19.04.010 Agriculture.
Agriculture means the use of the land for agricultural purposes, including farming, dairying,
pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal husbandry
(excluding swine); incidental to other agricultural uses; and the necessary accessory uses for
storing produce and qualified employee housing; provided, however, that the operation of any
such accessory use shall be secondary to that of primary uses and shall not include stockyards or
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the commercial feeding of garbage or offal to animals. (Ord. 1212 § 1, 1969; prior code §
33.1401).
19.04.014 Repealed.
19.04.014 Apartment, efficiency.
Efficiency apartment means a dwelling unit in a multifamily building, consisting of not more
than one habitable room, together with cooking and sanitary facilities. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
19.04.062 Crop and tree farming.
Crop and tree farming means the raising for commercial purposes of any truck, field or orchard
crops or wholesale nurseries or greenhouses, including necessary buildings incidental to such
crop and qualified employee housing. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.074 Dwelling.
Dwelling means any building or portion thereof designed or used exclusively as the residence
of one or more persons, but not including a hotel/motel, tent, cabin, trailer or mobile home. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.088 Efficiency living unit.
Efficiency living unitmeans a dwelling unit for occupancy, which has a minimum floor area of
one hundred fifty (150) square feet and a maximum floor area of four hundred fifty (450) square
feet and which may also have partial kitchen or bathroom facilities and shall have the same
meaning as Efficiency Unit as defined in Section 17958.1 of the California Health and Safety
Code (Ord. 1212 § 1, 1969; prior code § 33.1401). means any room having cooking facilities and
used for combined living, dining and sleeping purposes and meeting the requirements of Section
17315 of Part 7 of the State Housing Law, Title 8, Chapter 9, Article 8
19.04.092 Repealed.
19.04.092 Family.
n,
or a group including unrelated individuals bearing the generic character of and living together as
a relatively permanent bona fide housekeeping unit sharing such needs as cooking facilities.
(Ord. 2034 § 1, 1983; Ord. 1697 § 1, 1976; Ord. 1212 § 1, 1969; prior code § 33.1401).
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19.04.112 Hotel/motel.
Hotel/motel means a building or group of buildings comprised of six or more guestrooms or
suites of rooms, where a majority of such rooms are occupied, intended or designed for
occupancy by guests for temporary lodging or sleeping purposes for less than thirty (30)
consecutive calendar days, and is held out as such to the public individual sleeping or living
units without kitchens, except as otherwise provided herein, for the accommodation of transient
guests (not including hospitals, residential facilities, qualified employee housing, boarding or
lodging houses or single room occupancy residences). (Ord. 2034 § 1, 1983; Ord. 1212 § 1,
1969; prior code § 33.1401.)
19.04.156 Repealed.
19.04.156 Motor hotel, including motel and hotel.
Motor hotel, including motel and hotel means a building or group of buildings comprising
individual sleeping or living units, provided not more than 30 percent of the individual living
units may contain kitchen facilities. (Ord. 1212 § 1, 1969; prior code § 33.1401).
C. Chapter 19.14 Administrative Procedures Permits Applications
Hearings Appeals Section 19.14.030 Zoning Administrator Actions authorized
without public hearing is hereby amended to add residential facilities for 7 or more persons,
and renumber accordingly, as follows:
19.14.030 Zoning Administrator Actions authorized without public hearing.
The Zoning Administrator is authorized to consider and to approve, disapprove or modify
applications on the following subjects, and/or issue the following required permits without
setting the matter for a public hearing:
A. Conditional Use Permit. The Zoning Administrator shall be empowered to issue conditional
use permits, as defined herein, in the following circumstances:
Residential facilities for 7 or more persons, in accordance with CVMC 19.58.268.
9. An amendment of an existing Conditional Use Permit for a church or religious institution
that is necessary to accommodate an Emergency Shelter as an accessory use to a church or
religious institution that is permitted by right in accordance with CVMC 19.58.110.
D. Chapter 19.16 Exceptions and Modifications, Section 19.16.030
Agricultural uses Permitted when Conditional use permit required when is hereby
amended to include qualified employee housing as an accessory building in crop and tree
farming, as follows:
19.16.030 Agricultural uses Permitted when Conditional use permit required when.
Crop and tree farming and any associated qualified employee housing, as defined herein, shall be
permitted as an interim use in any zone, provided the area in which said use is located has not
been subdivided or plotted so as to result in parcels of less than one acre. Any buildings, such as
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accessory farm buildings, packing sheds, wholesale nurseries, qualified employee housing, etc.,
shall be subject to a conditional use permit. (Ord. 1212 § 1, 1969; prior code § 33.1001(B)).
E. Chapter 19.20 Agricultural Zone, Section 19.20.030 Accessory uses and
buildings is hereby amended to delete housing for transient labor and renumber accordingly, as
follows:
19.20.030 Accessory uses and buildings.
Accessory uses and buildings customarily incidental to any of the above uses permitted in the
agriculture zone, subject to the regulations for such as required herein, include:
A. Living quarters of persons regularly employed on the premises and transient labor,
maximum of two families; but not including labor camps, labor dwellings, or other
accommodations or areas for transient labor (see CVMC 19.58.200 for provisions for labor
dwellings or camps);
F. Chapter 19.20 Agricultural Zone Section 19.20.040 Conditional uses is
hereby amended to delete housing for transient labor and renumber accordingly, as follows:
19.20.040 Conditional uses.
The following uses shall be permitted in the A 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:
E. Quarters, accommodations, or areas for transient labor in excess of two families, such as
labor dwellings or camps, subject to the provisions of CVMC 19.58.200;
G. Chapter 19.28 R-3 Apartment Residential Zone, Section 19.28.020
Permitted uses is hereby amended to add a single room occupancy residence and boarding or
lodging house as a permitted residential use and renumber accordingly, as follows:
19.28.020 Permitted uses.
Principal permitted uses in the R-3 zone are as follows:
G. Residence, single room occupancy (SRO).
H. Boarding or lodging houses;
H. Chapter 19.28 R-3 Apartment Residential Zone, Section 19.28.040
Conditional uses is hereby amended to delete boarding or lodging houses as a conditional
residential use and renumber accordingly, as follows:
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19.28.040 Conditional uses.
The following uses shall be permitted in the R-3 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:
A. Boarding or lodging houses;
I. Chapter 19.38 C-V Visitor Commercial Zone, Section 19.38.020
Permitted uses is hereby amended to revise the term hotels, motels and motor hotels to
hotel/motel, and renumber accordingly, as follows:
19.38.020 Permitted uses.
Principal permitted uses in the C-V zone are as follows:
A. Hotels/,motels and motor hotels, subject to the provisions of CVMC 19.58.210, with such
incidental businesses to serve the customer or patron; provided, such incidental uses and
businesses not otherwise permitted in this zone shall be operated in the same building and in
conjunction with this permitted use; (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2160 § 1, 1986; Ord.
2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(B)).
J. Chapter 19.40 C-T Thoroughfare Commercial Zone Section 19.40.020
Permitted uses is hereby amended to revise the term motor hotels and motels to
hotels/motels, and renumber accordingly, as follows:
19.40.020 Permitted uses.
Principal permitted uses in a C-T zone are as follows:
Motor hHotels and /motels, subject to the provisions of CVMC 19.58.210
(Ord. 3316 § 5, 2014; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2273 § 7, 1988; Ord. 2160 § 1, 1986;
Ord. 2108 § 1, 1985; Ord. 1954 § 1, 1981; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.511(B)).
K. Chapter 19.40 C-T Thoroughfare Commercial Zone Section 19.40.030
Conditional uses is hereby amended to add emergency shelters as conditional use and
renumber accordingly, as follows:
19.40.030 Conditional uses.
The following uses shall be permitted in the C-T 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:
T. Emergency shelters subject to the provisions of CVMC 19.58.143.
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L. Chapter 19.44 I-L Limited Industrial Zone Section 19.44.020 Permitted
uses is hereby amended to add emergency shelters as a permitted use, and renumber
accordingly, as follows:
19.44.020 Permitted uses.
Permitted uses in an I-L zone are as follows:
Emergency shelters, limited subject to the provisions of CVMC 19.58.143. (Ord. 3153 § 2
(Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code §
33.513(B)).
M. Chapter 19.48 P-C Planned Community Zone, Section 19.48.025
Community purpose facilities Minimum acreage required Permitted uses. is hereby
amended to revise and clarify homeless services as a permitted use subject to a conditional use
permit with emergency shelters permitted under the terms and conditions governing its
development:
19.48.025 Community purpose facilities Minimum acreage required Permitted uses.
C. The required CPF acreage shall have a CPF, community purpose facilities, land use
designation. All of the following uses are permitted subject to approval of a conditional use
permit:
3. Services for homeless. Emergency shelters for the homeless may be allowed subject to and
in accordance with the provisions of CVMC 19.58.110 or 19.58.143, as may be applicable;
N. Chapter 19.54 Unclassified Uses, Section 19.54.020 Designated
Limitations and standards is hereby amended to add residential facilities, and renumber
accordingly, as follows:
19.54.020 Designated Limitations and standards.
The following uses may be considered for location in any zone, subject to the provisions set forth
herein, and additional conditions set forth in Chapter 19.58 CVMC (references indicated for
uses):
V. Residential facilities: See CVMC 19.58.268.
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, and
residential facilities for 7 or more persons. 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 or quasi-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.
(Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2958 § 1, 2004; Ord. 2921 § 2, 2003;
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Ord. 2449 § 1, 1991; Ord. 2296 § 6, 1989; Ord. 2169 § 1, 1986; Ord. 2075 § 3, 1984; Ord. 2054
§ 1, 1983; Ord. 1878 § 2, 1979; Ord. 1711 § 1, 1976; Ord. 1697 § 1, 1976; Ord. 1626 §§ 1, 2,
1975; Ord. 1464 § 2, 1973; Ord. 1456 § 2, 1973; Ord. 1356 § 1, 1971; Ord. 1281 § 2, 1970; Ord.
1246 § 2, 1969; Ord. 1232 § 2, 1969; Ord. 1212 § 1, 1969; prior code § 33.535(A)).
O. Chapter 19.58 Uses is hereby amended to add terms and conditions governing
the development of emergency shelters, qualified employee housing, residential facilities, single
room occupancy residences and transitional and supportive housing, delete labor camps and
renumber accordingly, as follows:
19.58.110 Church, hospital, convalescent hospital, religious or eleemosynary institution.
B. The provision of temporary an emergency shelter for the homeless in accordance with the
following standards and requirements is considered accessory to the church use or religious
institution (no conditional use permit required) subject to compliance with the following
standards:
1. Temporary emergency shelters operating for thirty (30) days or less in any 365-day period
which are accessory uses to religious institutions or religious organizations are exempt from
this section.
2. The primary church use or religious institution was authorized through a conditional use
permit approval.
3. Appropriate design accommodations for the emergency shelter were included in the
original facility design, and the emergency shelter was listed as an accessory use and
identified in the original conditional use permit application. Where the emergency shelter
was not initially contemplated and included in the original conditional use permit, such
conditional use permit must be amended in accordance with the provisions of CVMC
19.14.030 (A).
4. Emergency shelters shall comply with current California Health and Safety Codes and
California Building Codes in effect upon its construction.
5. No rent of fees of any kind shall be charged for emergency shelter services offered to
homeless persons.
6. Within Residential Zones, emergency shelter accommodations shall be limited to twelve
(12) persons at a single time.
7. A person residing at the facility shall be limited to sixty (60) days of accomodations.
1. A shelter may accommodate a maximum of 12 guests for two weeks per year. Two additional
nonconsecutive two-week periods may be authorized by the Zoning Administrator, provided no
opposition has been expressed by surrounding property owners or residents; otherwise the City
Council shall have the authority to grant such extensions.
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2. The guests shall be prescreened by a recognized social service agency to determine resident
suitability. Active alcohol or drug abusers as well as those with criminal convictions of a felony
or any crime of violence or significant mental illness shall be excluded from the program.
Supervision shall be provided at all times both on-site and during arrivals and departures from
the shelter.
3. A floor plan and set-up of the space to be occupied shall be submitted along with a description
of the prescreening agency and criteria.
A post set-up, pre-shelter inspection shall be conducted by the City in order to determine
compliance with applicable building, health, safety and fire regulations.
4. A church which is providing shelter for the first time, or which has not provided shelter in the
last 18 months, shall provide the City with certification that written notice of the proposal has
been given to properties within 300 feet of the shelter site. The host congregation is encouraged
to hold a neighborhood meeting to inform residents of the proposal and answer questions well
before the commencement date.
5. The shelter may be subject to closure for the violation of the standards or determination by the
Zoning Administrator that the shelter guests have been the negligent or intentional cause of one
or more neighborhood disturbances.
6. Shelter proposals beyond the limit noted in subsection (B)(1) of this section, including
extensions, are considered conditional uses and may only be permitted by issuance of a
conditional use permit. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2485 § 1, 1991; Ord. 2290 § 1,
1989; Ord. 2287 § 2, 1988; Ord. 2285 § 1, 1988; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.901(B)(10)).
19.58.143 Emergency Shelters.
Consistent with Government Code Sections 65582, 65583(a), and 65589.5, all California cities
are required to identify a minimum of one zone that permits emergency shelters by right. The
purpose of this section is to establish standards to ensure that the development of emergency
shelters does not adversely impact adjacent parcels or the surrounding neighborhood, and that
they are developed in a manner that protects the health, safety, and general welfare of the nearby
residents and businesses, and the character of the City of Chula Vista.
Emergency shelters may be allowed in the I-L industrial zone or an equivalent limited industrial
zone within a City approved Sectional Planning Area plan or Specific Plan, subject to a non-
discretionary Development Review Permit pursuant to Government Code Section 65583 (a)(4).
Emergency shelters may be allowed in the C-T thoroughfare commercial zone or an equivalent
commercial zone or on land designated as community purpose facilities" (CPF) within a City
approved Sectional Planning Area plan or Specific Plan with an approved conditional use permit
authorized in accordance with the provisions of CVMC 19.14.040, as may be applicable, and
CVMC 19.14.050 through 19.14.090.
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Emergency shelters are subject to the following standards. Emergency shelters operating for
thirty (30) days or less in any 365-day period which are accessory uses to religious institutions or
religious organizations are exempt from this section:
A. No individual shall be denied emergency shelter because of an inability to pay.
B. Emergency shelters shall be operated under the authority of a governing agency or private
organization that provides, or that contracts to provide, emergency shelters and which, when
required by law, is properly registered and licensed.
C. Emergency shelters shall comply with applicable California Health and Safety Codes.
D. Emergency shelters shall comply with all property development standards of the zone in
which they are located, and in addition, no emergency shelter shall be located within three
hundred feet of another such facility, said measurement being defined as the shortest distance
between the outside walls of the structures housing such facilities.
E. Parking shall be as required by Chapter 19.62 -
F. Each emergency shelter shall include, at a minimum, the following:
1. Interior and exterior lighting necessary for security, safety, and operational purposes shall
conform to the California Code of Regulations Title 24, Parts 2, 2.5 and 6 or any successor
provisions as applicable in effect at the time the application is deemed complete. Exterior
lighting shall be stationary, directed away from adjacent properties and public right-of-ways;
2. If client intake is to occur on-site, there shall be an indoor client intake/waiting area equal
to a minimum of ten square feet per bed provided at the facility. If an exterior waiting area is
also provided, it shall be enclosed or screened from public view and adequate to prevent
obstructing of the public right-of-way and required parking and access;
3. Clean, sanitary beds and sanitation facilities, including showers and toiletries; and
4. Segregated sleeping, lavatory and bathing areas if the emergency shelter accommodates
both men and women in the same building. Reasonable accommodation shall be made to
provide segregated sleeping, lavatory and bathing areas for families.
G. At least one facility manager shall be on-site at all hours the facility is open and one hour
prior to and after facility operating hours. At least one full-time equivalent employee shall be
required to be on-site during facility operating hours for every 20 beds in the facility.
H. Emergency shelters may provide one or more of the following types of supportive facilities
or services for the exclusive use or benefit of the shelter clients:
1. Central cooking and dining room(s);
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2. Recreation areas, indoor and/or outdoors;
3. Laundry facilities for clients to wash their clothes;
4. Intake and administrative offices;
5. Counseling and other supportive services; or
6. Secure storage areas for bicycles and other personal possessions.
I. The agency or organization operating the shelter shall have a written Facility Management
Plan consisting of, as applicable, provisions for staff training; neighborhood outreach; security;
screening of residents to ensure compatibility with services provided at the facility; training,
counseling, and treatment programs for residents, and facility information, including the number
of persons who can be served nightly, the location of onsite waiting and intake areas, the
provision of onsite management, and onsite security during hours of operation, as established in
Government Code Section 65583 (a)(4)(A).
19.58.144 Qualified employee housing.
A. Qualified employee housing providing accommodations for six or fewer employees, pursuant
to Health and Safety Code Section 17021.5 (b), shall be deemed a single-family dwelling and is
allowed in residential zones. Qualified employee housing is subject to all municipal codes,
regulations and other standards generally applicable to other residential dwellings of the same
type in the same zone.
B. Qualified employee housing providing accommodations for seven or more employees and
consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a
single family or household, pursuant to Health and Safety Code Section 17021.6 (b), shall be
deemed an agricultural land use and is allowed in such zones for agricultural use or an equivalent
agricultural zone within a City approved Sectional Planning Area plan or Specific Plan.
Qualified employee housing is subject to all municipal codes, regulations and other standards
generally applicable to other agricultural activity in the same zone.
19.58.200 Labor camps.
No labor camp structure shall be located closer than 20 feet from any property line, and not
closer than 50 feet from the front lot line. When adjoining an R zone, no structure shall be closer
than 100 feet from the adjoining property line. The aggregate site area shall contain not less than
3,000 square feet of land area for each tent or trailer space or cabin or for each three workers,
and no structure shall be closer than 10 feet from any other structure. A usable recreation area
shall be provided for each labor camp, and shall contain not less than 200 square feet of area for
each dwelling space or unit or each three workers. Access roads and parking areas shall have a
durable and dustless surface and areas shall be so graded as to dispose of all surface water
accumulated within the area. A temporary certificate of occupancy will be issued for a period not
to exceed one year, subject to renewal. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.901(B)(19)).
2003\\02\\2420840.4
Ordinance
Page 14
19.58.265 Residence, single room occupancy (SRO).
Single room occupancy residences, as defined in CVMC 19.04.194.1 are allowed in multiple-
family residential zones or an equivalent residential zone within a City approved Sectional
Planning Area plan or Specific Plan, subject to Government Code Sections 65589.5 and
65583(c)(1). Single room occupancy residences are subject to all municipal codes, regulations
and other standards generally applicable to multiple-family residential buildings in the same
zone.
19.58.268. Residential facility
Residential facilities, as defined in CVMC 19.04.198.1, for six or fewer residents are allowed in
residential zones or an equivalent residential zone within a City approved Sectional Planning
Area plan or Specific Plan. Residential facilities for 7 or more persons are allowed in any zone
as an unclassified use with an approved conditional use permit and shall be authorized in
accordance with the provisions of CVMC 19.14.030 (A), subject to the following standards:
A. If the residential facility consists of individual dwelling units, the maximum density shall not
exceed the maximum permitted residential density of the applicable zone.
B. Only one residential facility may be permitted per lot or premises.
C. Residential facilities are not permitted three hundred (300) feet from another licensed
residential facility with said measurement being defined as the shortest distance between the
outside walls of the structures housing such facilities; provided, however, that residential
facilities for the elderly, drug and alcohol treatment, foster family housing, or transitional shelter
care facilities, as defined in Section 1502(A)(11) of the California Health and Safety Code, are
exempt from the requirements of this Section 19.58.268(C).
D. The facility shall provide off-street parking spaces as required by CVMC 19.62.050 (34).
E. All units designed for people with disabilities shall comply with the standards of Title 24 of
the California Code of Regulations, also known as the California Building Standards Code and.
the applicant must certify that units designed for people with disabilities complies with all
applicable federal and state disabled persons accessibility requirements, including but not limited
to the Federal Fair Housing Act, Section 504 of the Construction Act of 1973, Title II and/or
Title III of the Americans with Disabilities Act of 1990, and the Uniform Federal Accessibility
Standards.
F. Congregate dining facilities may be provided, subject to the following conditions:
1. Dining shall be limited to use by residents, guests, and employees of the individual
facility; dining shall not be open to the public.
2. A separate service entrance to the kitchen with an adequate loading area shall be provided.
2003\\02\\2420840.4
Ordinance
Page 15
3. Congregate dining floor area shall not count toward calculation of any open space
requirements.
G. The facility may include accessory retail and personal service uses appropriate for the
population served and limited to use by residents, guests, and employees of the individual
facility, subject to the permit requirements of the applicable zone.
1. Accessory retail uses are permitted on any site containing attached residential (for sale,
rental or residential facility) exceeding the density of 20 dwelling units per net acre. The use
may offer a limited selection of convenience goods and services for the daily needs of the
residents. Examples may include, but are not limited to: mini-markets under 5,000 square
feet; eating establishments, excluding drive throughs, under 3,000 square feet; retail shops,
walk-up banks and/or automated teller machines, or drug stores under 2,000 square feet; and
personal services under 2,000 square feet.
2. Personal service uses provide non-medical retail sales and services to individuals as a
primary use. Examples may include: barber and beauty shops, clothing rental, dry cleaning
pick-up stores with limited equipment, home electronics and small appliance repair,
laundromats (self-service laundries), locksmiths, pet grooming with no boarding, shoe repair
shops, tailors, tanning salons, and travel agencies. Personal services does not include
Massage parlor, which is defined separately in this Section.
I. Approval must be obtained from applicable agencies concerning health and safety conditions,
and said residential facility must be licensed by such agencies, as required.
J. If a conditional use permit is required, a business license must be obtained concurrently with
the conditional use permit.
19.58.315 Supportive and transitional housing.
Supportive housing, as defined in CVMC 19.04.290.1, and transitional housing, as defined in
CVMC 19.04.299, are allowed in residential zones or an equivalent residential zone within a
City approved Sectional Planning Area plan or Specific Plan pursuant to Government Code
Section 65583(a)(5), and subject to all municipal codes, regulations and other standards
applicable to other residential dwellings of the same type in the same zone.
P. Chapter 19.62 Off-Street Parking and Loading Section 19.62.050 Number of
spaces required for designated uses is hereby amended to revise and add the required parking
for large bedroom dwelling units, efficiency living units, emergency shelters, qualified employee
housing, and residential facilities and renumber accordingly, as follows:
19.62.050 Number of spaces required for designated uses.
In the case of any building, structure or premises, the use of which is not specifically mentioned
herein, or in the opinion of the approving authority is not similar to any use found herein, the
approving authority may apply a ratio based on a similar existing use not found herein. In
computing parking requirements, a resultant fractional space of one-half shall count as a full
space.
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Ordinance
Page 16
The number of off-street parking spaces required shall be as set forth in the following:
Businesses or Use and Number of Spaces Required
11. Dwellings, single-family, duplex:
Two for each family or dwelling unit; both spaces shall be in a garage with a minimum
area of 400 square feet (see Chapter 19.22 CVMC for remodeling of garages). One
additional for each bedroom over four bedrooms.
Dwellings, multiple, supportive housing or transitional housing:
One per unit for each efficiency living unit or single room occupancy residence.
One and one-half per unit for each studio or one-bedroom dwelling unit apartment.
Two per unit for each two-bedroom dwelling unit apartment.
Two per unit for each three-bedroom dwelling unit or larger apartment.*
One additional for each bedroom over four bedrooms.
19. Hotels/Motels, motels, motor hotels:
One space for each living or sleeping unit, plus one space for every 25 units, or portion
thereof, to be provided on the same lot.
Emergency shelters.
One for every five beds, one for each one and one-half persons employed at one time in
the normal operation of the establishment, and one loading space for delivery services.
33. Qualified employee housing.
Qualified employee housing for six or fewer persons shall have the same number of
spaces required for residential dwellings. Qualified employee housing for 7 or more
persons shall have one for every three beds, one for each one and one-half persons
employed at one time in the normal operation of the establishment, and one loading space
for delivery services.
34. Residential facilities.
Residential facilities for six or fewer persons shall have the same number of spaces
required for residential dwellings. Residential facilities for 7 or more persons shall have
one for every five beds, one for each person employed at one time in the normal
operation of the establishment, and one loading space for delivery services. (Ord. 3153 §
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Ordinance
Page 17
2 (Exh. A), 2010; Ord. 2584 § 7, 1994; Ord. 2132 § 1, 1985; Ord. 1856 § 1, 1979; Ord.
1531 § 2, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.801(E)).
Section III. 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 IV. 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 V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. 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 G. Broughton, FASLA Glen R. Googins
Director of Developmental Services City Attorney
2003\\02\\2420840.4
Attachment 5
State law requires local governments to address housing for diverse populations through local
zoning. To comply with the State requirements, the City is proposing text amendments to revise
the zoning regulations to accomplish the following:
Define emergency shelter and allow emergency shelters by right within the Limited
Industrial (I-L) zone and as a conditional use within the Thoroughfare Commercial (CT)
zone and as a community purpose facility (Government Code § 65582 (j) and 65583
(a)(4)).
Define transitional and supportive housing and subject only to those restrictions that
apply to other residential dwellings of the same type in the same zone (Government
Code § 65582 (g) and (j) and 65583 (a)(5)).
Define employee housing (primarily for agricultural employees) and permit as an
agriculture use subject only to those restrictions that apply to agricultural uses in the
same zone, and permit employee housing for six or fewer employees in all residential
zones, subject only to those standards generally applicable to single-family dwellings
(Health & Safety Code § 17021.5 (b) and 17021.6 (b)).
Define single-room occupancy residences and permit within the R-3 Apartment
Residential and Office Commercial (CO) zone (Government Code § 65583 (c)(1)) and
include s
annual housing permit.
Define licensed residential facilities, permit facilities for six or fewer people in all
residential zones, and permit facilities for seven or more people as an unclassified use
subject to a conditional use permit (Government Code § 65583 (c)(3), Federal Fair
Housing Act Amendments and California Fair Employment and Housing Act).
Clean up of various other land uses to provide clarity of definitions and to ensure fair and
equal treatment of such uses
To Inform with the goal of providing the public with balanced and objective information to assist
them in understanding the problems and the project, alternatives and/or solutions, the decision
process, and also to provide feedback on how public input may have influenced the outcome.
Inform the community about the need for housing, particularly for the more vulnerable in
the community, the requirements of State law and consequences, and how the City is
proposing to revise the Chula Vista Municipal Code to comply with State law.
Provide answers to questions and engage the community in constructive conversation
related to the Project.
Inform of the schedule/timeline.
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Information regarding the proposed amendments to the CVMC was made available to the public
through the Development Ser
www.chulavistaca.gov/housing. A draft of the proposed Supportive Residential Land Use
Ordinance updating the Planning and Zoning Code, a copy of the presentation, notices and
comments was made available to review at www.chulavistaca.gov/housing and at the following
locations:
Civic Center Library (365 F St)
South Chula Vista Library (389 Orange Ave)
Development Services Department Front Counter
Bldg B & Housing Division Building C (276 Fourth Ave)
Several opportunities were provided for the community and interested parties to learn
and understand the proposed amendments to the Chula Vista Municipal Code Update
and included the following:
Description Date & Time Location
Chula Vista Civic Center
Building C, CR C-101
Wed, Jan 25, 2017
276 4th Ave, Chula
Housing Advisory Commission
3:30 pm
Vista, CA 91910
Chula Vista Civic Center
Thurs, Aug 23, 2018
Building C, CR B111-112
Development Oversight Committee
276 4th Ave, Chula
10 11:30 am
Vista, CA 91910
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Description Date & Time Location
Chula Vista Police Dept
Thurs, Sept 13, 2018
Community Room
Community/Stakeholder (early evening)
6-7:30 pm
315 4th Ave, Chula
Vista, CA 91910
Norman Park Senior
Mon, Sept 17, 2018
Center
Community/Stakeholder Meeting (day)
10 am 11:30 am
270 F St, Chula Vista,
CA 91910
Oct 2018
Briefing:
Sending invite to membership for
Southwest Chula Vista Civic Association
Community Meetings
Sending invite to membership for
Briefing: Crossroads II
Community Meetings
Briefing: Chula Vista Community
Tues, Sept 11, 2018 270 C Street, Chula
Collaborative
9:00 AM 11:00 AM Vista, CA 91910
3939 Iowa Street
Briefing: San Diego Housing Federation
Wed, Sept 12, 2018 Suite 1
Policy Subcommittee
9:00 AM 10:30 AM San Diego, CA,
second Wednesday of the month
92104
Description Date & Time Location
Joint Meeting
Chula Vista City Hall
Planning Commission
Council Chambers
ndth
Wed, September 26, 2018 at
2 & 4 Wednesday of the Month
276 Fourth Avenue
6 pm
Chula Vista CA
Housing Advisory Commission
91910
Special Meeting
Tues, October 16, 2018 at 5
pm First Reading
Chula Vista City Hall
Tues, October 23, 2018 at 5
Council Chambers
pm Second Reading &
City Council 276 Fourth Avenue
Adoption
Chula Vista CA
Ordinance shall take effect and be
91910
in force on the thirtieth day after its
final passage.
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N oticing and advertisement of the community meetings and actions before legislative bodies
included the following:
Display ad published in the Star News on Friday, September 7, 2018;
Direct mailings to 25 persons/organizations;
Distribution of invitations and notices via electronic mail from the City to nearly 250
persons/organizations;
Email blasts directly from Chula Vista Community Collaborative, San Diego Housing
Federation, Southwest Civic Association and Crossroads II to their members;
Posting of the mee
and,
Posting of flyers at key City facilities (libraries and City Hall) within Chula Vista.
Invited to all meetings and to receive all notifications/updates
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A total of twenty-six persons were in attendance at the two informational meetings held
on Thursday, September 13, 2018 at 6 pm and Monday, September 17, 2018 at 10 am.
The following represents the comments received and responses provided at such time
and as further clarified. A copy of the comments and responses is available on the
www.chulavistaca.gov/housing and was emailed to
those attendees who provided email addresses.
Comments Response
Emergency Shelters
What services, such as medical An emergency shelter will be defined consistent with
services, are required as part of an definition (Health and Safety Code §
emergency shelter? 50801 (e)):
homeless persons that is limited to occupancy
of six months or less by a homeless person.
No individual or household may be denied
emergency shelter because of an inability to
No services are required and, if provided, are
minimal in nature. Emergency shelters are typically
a structure with beds and meals provided on a short
term basis.
Single Room Occupancy Residences
Does Chula Vista have a SRO No, the City does not have a SRO replacement
replacement ordinance? ordinance. At this time, the single room occupancy
land use is a proposed new land use and there are
no existing residential hotels within Chula Vista.
An SRO replacement ordinance will be part of the
ongoing work program for updates to the CVMC.
Parking
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Comments Response
Support higher parking requirements Updates to CVMC Chapter 19.62 -Street
for larger residential dwelling units (5 propose a requirement for
bedrooms or more). However, one additional parking space for each bedroom over
parking for these homes should not four bedrooms. However, the proposed update has
be provided in the front or side yard been revised to eliminate language allowing the
setbacks despite a requirement for a required parking within the front or side yard setback
minimum of 25 foot or 40 foot under certain conditions. Parking shall be provided
driveway. The City has limited in conformance with the existing CVMC Chapter
resources (e.g. Code Enforcement) 19.62.
to enforce such conditions. The front
and side yards should not be used for
parking and would like to see more
as landscaped areas.
The parking ratio for SROs and The parking ratio of one space per unit is consistent
efficiency living units at one space with other transitory uses within the CVMC (e.g.
per unit may be too stringent as the hotels/motels and boarding/rooming houses).
intended population group utilizes
Should such residential uses be comprised of
public transportation.
housing affordable to low income households and
located near transit, reduced parking ratios under
California Government Code Section 65915 may
apply.
Homelessness
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Homeless are leaving trash, junk and The Chula Vista Homeless Outreach Team (HOT)
debris on properties and streets that consists of a collaboration of City staff including the
the City should address. Chula Vista Police Department (CVPD), Public
Works, and Parks and Recreation, along with
several community partners such as including San
Diego Family Health Center, McAlister Institute,
Community Through Hope, Bay View Hospital,
Scripps Hospital, South Bay Community Services,
Veterans Affairs, South Bay Pioneers, East County
Transitional Living Center, South Bay Guidance
Center, and the San Diego County Health and
Human Services Agency. This multi-disciplinary
group focuses on outreaching to the homeless
population daily. Specific emphasis is made on
Tuesdays when the group provides outreach to five
City parks: Eucalyptus, Friendship, Harborside,
Lauderbach, and Memorial. Additionally, Park
Rangers, Public Works and Code Enforcement work
towards the removal of unattended items and trash
and debris within the parks and other public areas,
as well as work with owners of identified private
properties. From January 2018 through August
2018, Park Rangers have removed 106,330 lbs. of
trash and 1,033 shopping carts from various
locations throughout the City.
Tiny Homes
Does Chula Vista have a tiny homes The proposed CVMC updates do not address the
ordinance? use of tiny homes as a residential structure.
The current CVMC does not prohibit tiny homes
within Chula Vista. Tiny homes would be reviewed
for its compliance with building codes related to a
recreational vehicle, mobilehome, manufactured
home, etc. and subject to all municipal codes,
regulations and other standards applicable to other
residential dwellings of the same type in the same
zone. Reference State HCD Memo 2016-01.
Comments Response
Accessory Dwelling Units
Does Chula Vista have an Accessory The proposed CVMC updates do not address
Dwelling Unit ordinance in compliance Accessory Dwelling Units.
with State law?
Yes, the City adopted an ordinance for Accessory
Dwelling Units and Junior Accessory Dwelling Units
in April 2018.
Group Living Arrangements
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Support providing housing for frail The proposed CVMC updates do not address Group
and vulnerable population groups but Living Arrangements.
with a level of oversight and
The City may not regulate unlicensed group homes
management so as not to impact
where unrelated individuals reside if those unrelated
surrounding community.
individuals are living as a single housekeeping or
family unit. California's Constitution contains an
express right to privacy. Over the years, the Court
has found that this right includes "the right to be left
alone in our own homes" and has explained that
"the right to choose with whom to live is
1
fundamental." Consequently, the California courts
have struck down local ordinances that attempt to
control who lives in a householdwhether families
or unrelated persons, whether healthy or disabled,
whether renters or owners. Based on the privacy
clause in the State Constitution, California case law
requires cities to treat groups of related and
unrelated people identically when they function as
one household.
Group homes are seen as a business California law explicitly protects both unlicensed
that should not be allowed within R-1 group living arrangements living as a household unit
or single family neighborhoods. and licensed group living arrangements serving six
Single family homes in residential or fewer residents. State law requires local
neighborhoods are being rented to jurisdictions to consider a licensed group living
multiple unrelated persons for high arrangement serving six or fewer residents as a
rents. residential use of property and as a family for
purposes of any law or zoning ordinance that relates
to residential uses of property.
Other laws such as the Federal Fair Housing Act (42
U.S.C. Section 3601) and the California Fair
Employment and Housing Act provide protection for
group living arrangements, regardless of their size, if
they serve certain protected persons, such as
disabled persons. In effect, these laws prohibit
restrictive regulations on group living arrangements
serving these protected classes no matter how
many people live in the home.
It is difficult to distinguish between residents living
together in a shared environment and operating as
a household unit versus boarders who may be
individual tenants paying rent for the exclusive use
of a room and certain facilities with no interaction or
sharing of the living environment amongst others.
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High number of residents living in a Occupancy restrictions are set by the Uniform
single family home. Example of 12 The UHC establishes
persons renting out a five bedroom the number of people who may live in a house
home. What are the occupancy limits based on its size. Local jurisdictions cannot impose
for housing? more restrictive occupancy limits than those
established in the UHC. The UHC provides that at
least one room in a dwelling unit must have 120
square feet. Other rooms used for living must have
at least 70 square feet (except kitchens). If more
than two persons are using a room for sleeping
purposes, there must be an additional 50 square
feet for each additional person. The Code does not
distinguish between a bedroom, living room, dining
room, and kitchen. All rooms can be used for
sleeping except bathrooms, hallways, closets, and
stairwells. Using this standard, a five bedroom home
with 1,460 square feet of bedroom, living room,
dining room and family room space, can
accommodate up to 33 persons.
Can an HOA restrict the use of Fair housing laws prohibit the discrimination in the
homes and set occupancy limits? sale, rental, and financing of dwellings, and in other
housing-related transactions based upon disability,
familial status, source of income, race, occupancy
by low and moderate income persons, and many
other factors.
Such laws are applicable to all housing providers,
such as real estate agents, builders, contractors,
condominium associations, financial institutions,
rental/leasing agents, insurance agencies and
advertising agencies.
Therefore, State and Federal Fair Housing laws
would prevail.
Neighborhood Impacts: Residents The Chula Vista Police Department is able to
may abide by the rules of the group investigate criminal activity and vehicle code
living homes when on-site and in the violations, regardless of whether they occur in
home but at times choose to go out relation to a group living arrangement or non-group
into the neighborhood to take part in living arrangement residents/property.
activities such as drug use. When
Contacts to Report Issues of Concern
residents are evicted from the group
home, they choose to stay homeless
within the neighborhood they know,
which is a single family
neighborhood. As a result of the
impacts, these homes are high
utilizers of City resources, such as
Police and Code Enforcement.
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Balance the rights of protected These are complex issues arising out of Federal and
classes under Fair Housing with the may be
rights of the community as a whole. in conflict with another.
Understanding of the complexity of
the issues and federal and state Enforcement, Housing Division and Police
policies and actions that affect the Department continue to discuss the impacts and
ability to oversee group homes. issues surrounding group living arrangements. The
Looking for leadership from the City City will continue to look to case law, best practices
to make in roads where possible to and other resources to address impacts of such
address impacts. Where can change housing on the quality of life for the greater
be effected? community.
Page | 13
Affordable Housing
More affordable housing is needed. The proposed CVMC updates do not address
Projects like those at Third & K and
Third & L St (Serrano) have been housing policy. By updating the CVMC to allow for
marketed as being affordable when supportive residential land uses that may provide a
they are not. housing choice for economically vulnerable
population groups, the City will be implementing
State laws aimed at facilitating such housing
choices.
The State of California has acknowledged the
housing crisis particularly for those lower income
families as demonstrated through recent legislation,
funding programs and incentives made available to
facilitate the provision of housing.
While both the Third & K and Third and L St housing
developments are not deed restricted to specifically
limit rent and occupancy to low income tenants,
such housing has relatively reasonable housing
costs for Chula Vista working families. Housing at
varying price points and product types are needed
to accommodate all economic segments of the
population.
for , with
affordable housing? Needs to be 25 the annexation of the Otay Ranch properties, a
percent of all housing constructed Balanced Communities policy that requires 5
percent of all newly constructed housing be
affordable to low income households and an
additional 5 percent for moderate income
households, for a total of 10 percent of such
housing affordable to low and moderate income
households.
As the City embarks on the next Housing Element
cycle covering that period from 2021 to 2028, the
City will be reviewing, and as appropriate modifying,
its housing related policies to effectively address the
existing and future housing needs of the community.
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Item: __2___
Meeting Date: 09/26/18
ITEM TITLE: PUBLIC HEARING: Consideration of amendments to the Chula Vista
Municipal Code (CVMC) to amend various sections of Title 19
of the City of Chula Vista Municipal Code and Chapter
to comply with State law.
A. Resolutions of the City of Chula Vista Planning Commission and the
Housing Advisory Commission recommending that the City Council
of the City of Chula Vista adopt an ordinance amending various
sections oa
Municipal Code to address compliance with State laws governing
and found in Permits
Applications Hearings - and
-3 Apartment
Residential Zone, -V
-T - Thorou-L - Limited
-C
,a-Street Parking And
shelters, single room occupancy residences, transitional and supportive
housing, qualified employee housing and residential facilities
B. Resolutions of the City of Chula Vista Planning Commission and
Housing Advisory Commission recommending that the City Council
of the City of Chula Vista adopt an ordinance amending Chula Vista
occupancy residences, to redefine hotel/motel, and to require an annual
housing permit for single room occupancy residences
SUBMITTED BY: Leilani Hines, Housing Manager
REVIEWED BY: Kelly Broughton, Director of Development Services
INTRODUCTION
The item for consideration is an amendment to various sections of the Chula Vista Municipal
Code (CVMC) related to emergency shelters, transitional and supportive housing, single room
occupancy (SRO) residences, qualified employee housing (primarily agricultural employees),
and licensed residential facilities to comply with State law and implement those goals,
objectives,
PC Resolution MPA18-0009/MPA 18-0011
September 26, 2018
Page -2-
Department of Housing and Community Development. Amendments to the CVMC are required
in compliance with Senate Bill 2 (Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter
892, Statutes of 2006) and Sections 17021.5 and 17021.6 of the California Health and Safety
Code. Staff has prepared draft amendments to include updated and/or new definitions for
emergency shelters, single room occupancy residences, transitional and supportive housing,
residential facilities, and qualified employee housing and objective standard procedures for the
development and permitting of such supportive residential land uses and greater clarification or
repeal of other definitions of similar land uses such as hotels, motels, efficiency apartments, and
labor camps.
ENVIRONMENTAL REVIEW
The Director of Development Services reviewed the proposed legislative action for compliance
with the California Environmental Quality Act (CEQA) and determined that the action is not a
Section 15060(c)(3) of the State CEQA Guidelines the action is not subject to CEQA. In
addition, without limiting the foregoing, the Director of Development Services has also
determined that the action qualifies for an Exemption pursuant to Section 15061(b)(3) of the
State CEQA Guidelines. Therefore, no further environmental review is required.
RECOMMENDATION
That the Planning Commission adopt Resolutions 18-0009 and 18-0011 recommending that the
City Council adopt the proposed ordinances amending various sections of Title 19 and Chapter
15.20 of the CVMC, respectively.
That the Housing Advisory Commission adopt Resolutions 18-003 and 18-004 recommending
that the City Council adopt the proposed ordinances amending various sections of Title 19 and
Chapter 15.20 of the CVMC, respectively.
DISCUSSION
California State law requires local jurisdictions to facilitate and encourage a variety of housing
types including multi-family rental housing, factory built housing, mobilehomes, housing for
agricultural employees, supportive housing, single-room occupancy units, emergency shelters,
and transitional housing and address and remove constraints to the maintenance, improvement
and development of housing for persons with disabilities (reference California Government Code
§ 65583 (c)(1) and (3)). As such, the City adopted the 2013-2020 Housing Element, which
identified the need to review, and if necessary to revise, the CVMC to comply with Federal and
State law and to successfully implement the CiHousing Element.
Staff has prepared text amendments to revise various sections of the CVMC, specifically, Title
to address
compliance with state laws governing supportive residential land uses as follows:
Emergency Shelters Qualified Employee Housing (primarily
Transitional Housing Agricultural Employees)
Supportive Housing Licensed Residential Facilities
Single Room Occupancy (SRO) Residences
PC Resolution MPA18-0009/MPA 18-0011
September 26, 2018
Page -3-
The subject text amendments would revise the municipal regulations to accomplish the
following:
1. Define emergency shelter, and allow emergency shelters by right within the Limited
Industrial (I-L) zone and as a conditional use within the Thoroughfare Commercial (CT)
zone and as a community purpose facility (Government Code § 65582 (j) and 65583
(a)(4)).
2. Define transitional and supportive housing and subject only to those restrictions that
apply to other residential dwellings of the same type in the same zone (Government Code
§ 65582 (g) and (j) and 65583 (a)(5)).
3. Define qualified employee housing (primarily for agricultural employees) and permit as
an agriculture use subject only to those restrictions that apply to agricultural uses in the
same zone, and permit qualified employee housing for six or fewer employees in all
residential zones, subject only to those standards generally applicable to single-family
dwellings (Health & Safety Code § 17021.5 (b) and 17021.6 (b)).
4. Define single-room occupancy residences and permit within the R-3 Apartment
Residential zone (Government Code § 65583 (c)(1)) and include single room occupancy
.
5. Define licensed residential facilities, permit facilities for six or fewer people in all
residential zones, and permit facilities for seven or more people as an unclassified use
subject to a conditional use permit (Government Code § 65583 (c)(3), Federal Fair
Housing Act Amendments and California Fair Employment and Housing Act).
State of California Policy Objectives & Laws
The State of California has identified housing affordability in California to be an urgent issue,
where a majority of renters (over 3 million households) pay more than 30 percent of their income
towards rent and nearly one-third (over 1.5 million households) spend more than 50 percent of
their income on rent. Homelessness is an increasing concern at the national, state and local level
with California driving the dramatic increases in homeless. According to the 2017 Point in Time
Count, over 25% of the nat
most can afford and recognizing the most basic need for every Californian is a home, the State of
California has added regulations and new incentives and resources to facilitate the delivery of
housing. Over the years and most recently in 2017, the State has passed legislation to address
the housing crisis through local land-use processes and to ensure that every city and county
shares in the responsibility of planning, facilitating and encouraging housing for all economic
segments of the community.
More specifically, Senate Bill 2 (SB 2) enacted in 2007 clarifies and strengthens housing element
law to require local zoning codes address and plan for emergency shelters, transitional housing,
supportive housing, and farmworker/employee housing for jurisdictions with an agriculture zone.
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State Government Code also limits the reasons a city can deny a housing development for very
low or low-income households and emergency shelters and transitional and supportive housing
under the Housing Accountability Act (65589.5). Written findings based on
evidence that such development would be detrimental to health & safety of the public using
objective standards versus subjective criteria are required in order to deny such projects.
The following are key elements of Housing Element law and the Housing Accountability Act:
Key Elements Reference
Definitions of emergency shelters, transitional housing, Government Code § 65582 (d), (g),
and supportive housing and (j)
Requirements to permit emergency shelters by right,
Government Code § 65583 (a)(4)
without a Conditional Use Permit (CUP), Planned
Unit Development (PUD) or other discretionary action
within identified zones and only subject to those
development and management standards that apply to
residential or commercial development within the
same zone. A jurisdiction may apply limited written
and objective standards, such as parking, lighting,
size, and other criteria as set forth in the law.
Requirements to permit transitional and supportive
Government Code § 65583 (a)(5)
housing as residential uses subject only to those
restrictions that apply to other residential dwellings of
the same type in the same zone.
Zoning that permits qualified employee housing use by Government Code § 65583
right. Employee housing shall be deemed an
(c)(1)(B)
agriculture use and no conditional use permit or other
Health & Safety Code § 17021.5
zoning clearance shall be required that is not required
(b) and 17021.6 (b)
of any other agricultural activity.
Jurisdictions cannot disapprove a housing development Government Code § 65589.5 (d),
project for very low-, low- or moderate-income
(j)
households, including farmworker or emergency
shelters or condition approval so as to make such
project infeasible, including through the use of design
standards, if the project is consistent with objective and
identified written standards, policies or conditions and
unless it makes specified written findings, based upon
a preponderance of evidence in the record.
2013-2020 Housing Element was adopted by the City Council and
certified by the State of California Housing and Community Development (HCD) on May 15,
2013 based on, among other things, programs and actions necessary for compliance with
Government Code § 65580 et seq.
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On May 7, June 27, and August 8, 2018, HCD issued correspondence to the City requesting
status updates on the City's progress towards implementing its Housing Element to comply with
Government Code requirements. HCD is currently monitoring the City's progress towards
adopting the subject text amendments and has requested documentation by November 1, 2018
demonstrating that all required changes have been implemented. If the City does not meet this
schedule, HCD may issue a 30-day notice to the City beginning the process to revoke its finding
of housing element compliance and it may ultimately de-certify the City's Housing Element.
Emergency Shelter
With the passage of SB 2 in 2007 amending sections 65582, 65583, and 65589.5 of the
Government Code, local jurisdictions must identify a zone where a year-round emergency shelter
temporary shelter for the
homeless as accessory to a church use subject to compliance with certain standards (CVMC
19.58.110) and is not in compliance with the requirements of SB 2.
In order to comply with SB 2, the proposed Ordinance amends the Zoning Code to establish and
Health and Safety Code §
50801 (e)) which is as follows:
occupancy of six months or less by a homeless person. No individual or household may
Specifically, per Government Code § 65583 (a)(4) local jurisdictions may apply the following
development standards:
demonstrate that existing or proposed permit processing,
development, and management standards are objective and encourage and facilitate the
development of, or conversion to, emergency shelters. Emergency shelters may only be
subject to those development and management standards that apply to residential or
commercial development within the same zone except that a local government may apply
written, objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be served nightly by the
facility.
(ii) Off-street parking based upon demonstrated need, provided that the standards do not
require more parking for emergency shelters than for other residential or commercial
uses within the same zone.
(iii) The size and location of exterior and interior onsite waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not
required to be more than 300 feet apart.
(vi) The length of stay.
(vii). Lighting.
(viii). Security during hours that the emergency shelter is in operation.
PC Resolution MPA18-0009/MPA 18-0011
September 26, 2018
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-L)
zones to include emergency shelters as a permitted use and allow them within the Thoroughfare
Commercial (C-T) zone with a conditional use permit. Location within these zones is consistent
with the location of other transient uses such as hotels and motor motels. Both the I-L and C-T
zones are at an appropriate density such that the development of emergency shelters sufficient to
meet the demand identified in the Housing Element are feasible. In addition, these areas are well
served by public transit and near services. The I-L zone provides for less sensitive neighboring
uses and provides larger and more opportunistic sites than commercial zones. As part of the
certification of the 2013 Housing Element, industrial zones within Chula Vista were identified as
appropriate zones to permit emergency shelters. In its review of SB 2 compliance of various
localities, staff also analyzed which zones were selected for emergency shelters. There is no
consistent location, with some jurisdictions choosing commercial zones, others residential, and
others choosing light industrial zones as the appropriate location for an emergency shelter.
The proposed ordinance also sets forth objective performance standards consistent with SB 2 and
will require a facility management plan to be submitted and approved, location restrictions
limited to 300 feet from another emergency shelter and other standards specifically referenced in
Government Code § 65583 (a)(4) discussed above. Off-street parking will be required at a rate
of one parking space for every five beds, consistent with the median parking requirements found
in southern California. Additionally, 1.5 parking spaces for employees and one loading space for
deliveries will be required. Such parking requirements for employees and loading is consistent
with standards provided for other uses within the I-L zone (e.g. wholesale establishments,
warehouses, service and maintenance centers, communication equipment buildings,
manufacturing plants, research or testing laboratories, and bottling plants).
CVMC Section 19.58.110 addresses emergency
shelters as a temporary and accessory use for churches or other religious institutions, limiting
such shelters to twice a year, with a maximum of 12 guests and applying inspection and noticing
requirements.
In conformance with SB 2 (Government Code § 65583 (a)(4)) and the Religious Land Use and
Institutionalized Persons Act (RLUIPA), Pub.L. 106274, codified as 42 U.S.C. § 2000cc et seq.,
the proposed Ordinance amends CVMC Section 19.58.110 to exempt temporary emergency
shelters operating for 30 days or less within a one-year period which are accessory to a religious
institution from any requirements. For those permanent emergency shelter operations which are
considered accessory to a religious institution, the Ordinance proposes limited standards such as
compliance with Health and Safety and Building Codes, limitation of stay to 60 days, no more
than 12 occupants in those emergency shelters within a residential zone and inclusion of the
shelter within the Conditional Use Permit for such religious institution.
Transitional Housing and Supportive Housing
SB 2 also requires that local jurisdictions ensure that transitional and supportive housing is
regulated consistent with comparable residential uses. The law requires that such developments
be subject only to those restrictions that apply to residential uses of the same type in the same
current Zoning Code contains no definition for transitional or supportive
housing, nor does it include guidelines addressing their development. In order to comply with SB
2, staff recommends that the City amend its Zoning Code to include definitions for both
transitional and supportive housing and provide appropriate standards for their development.
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September 26, 2018
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Transitional housing is designed to assist individuals and families in developing the skills
necessary to achieve independent living. The proposed ordinance defines transitional housing in
accordance with the State law (California Government Code § 65582 (j)) as follows:
s configured as rental housing developments, but operated under program
requirements that call for the termination of assistance and recirculation of the assisted
unit to another eligible program recipient at some predetermined future point in time,
which shall not be less than six months from the beginning of the assistance.
Supportive housing is permanent rental housing linked to a range of support services designed to
enable residents to maintain stable housing and lead fuller lives. Typically, a part of the housing
is targeted to people who have risk factors such as homelessness, or health challenges, such as
mental illness or substance addiction. The proposed ordinance defines supportive housing in
accordance with the State law (California Government Code § 65582 (g)) as follows:
occupied by the target population, and
that is linked to an onsite or offsite service that assists the supportive housing resident in
retaining the housing, improving his or her health status, and maximizing his or her
ability to live and, when possible, work in the community.
persons with low incomes who have one or more disabilities as described in Section
65582(i) of the State Government Code.
This housing may include apartments, single room occupancy residences, or single-family
homes. The proposed ordinance would amend the CVMC to allow transitional and supportive
housing where other like-residential uses are permitted.
Single-Room Occupancy (SRO) Residence
With the passage of Assembly Bill 2634 (2006), local jurisdictions are now required to make
plan for a variety of housing types at all income levels, including provisions for Single Room
Occupancy (SRO) resid
nor does it directly address the development of SRO residences but does address and permit
efficiency living units as a multi-family residential land use. In order to comply with the
requirements of AB 2634 the City must amend its Planning and Zoning Code to establish and
define this use and provide objective performance standards.
An SRO dwelling is typically a small rental unit with limited facilities, intended for single
occupancy and as a primary residence. The proposed ordinance defines single room occupancy
residences in accordance with State law (California Health & Safety Code § 17958.1 (a)
regarding efficiency units) as follows:
re such
dwellings that are offered for occupancy by residential tenants for at least thirty
consecutive days. Kitchen and bathroom facilities may be wholly or partially included in
As a new residential land use, amendments to CVMC Chapter 15.20 are proposed to include the
definition of the SRO land use and to require an annual housing permit for such residences.
PC Resolution MPA18-0009/MPA 18-0011
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SROs may be constructed in a manner similar to, or occupy existing, multi-family buildings,
motels, or hotels. As a result, parcels zoned for higher densities are the appropriate locations for
SRO residences. Therefore, SROs are proposed as a permitted residential use within the R-3
Apartment Residential Zone.
Parking is proposed at one space for each unit/residence. The proposed standard is consistent
with standards provided for smaller types of uses such as hotels/motels and boarding/rooming
houses requiring one parking space per room.
Qualified Employee Housing (primarily Agricultural Employees)
The State requires that local jurisdictions with agriculture land use designations provide housing
opportunities for employees through local zoning regulations. Health and Safety Code Section
17021.5 generally requires that qualified housing for six or fewer employees be considered a
single-family dwelling with a residential land use designation. Health and Safety Code Sections
17021.6 states that qualified housing for seven (7) or more employees is considered to be an
agricultural land use designation. Therefore, no conditional use permit, zoning variance, or other
zoning clearance shall be required for employee housing that is not required of any other
agricultural activity within the same zone.
living quarters of persons regularly employed
on the premises and transient labor, with a maximum of two families as an accessory use or
building within an agricultural zone (CVMC 19.20.030.A). Furthermore, under CVMC
19.58.200, development regulations are provided for such housing including distance from
property lines and structures, minimum land areas for each tent or trailer space or cabin for each
three workers, usable recreation area, access roads and parking areas and issuance of a temporary
certificate of occupancy issued for a period not to exceed one year, subject to renewal.
In order to comply with sections 17021.5 and 17021.6 of the Health and Safety Code, the
proposed Ordinance amends Zoning to include definitions of the
qualified employee housing;to add such housing as a permitted use in the
Agricultural (A) Zone (CVMC Chapter 19.20). Consistent with other provisions of that chapter,
qualified employee housing should be subject to a Site Development Review.
Off-street parking will be required at a rate of one parking space for every three beds, consistent
with the parking requirements found in other local communities. Additionally, 1.5 parking
spaces for employees and one loading space for deliveries will be required. Such parking
requirements for employees and loading is consistent with standards provided for other uses (e.g.
wholesale establishments, warehouses, service and maintenance centers, communication
equipment buildings, manufacturing plants, research or testing laboratories, and bottling plants).
Licensed Residential Facilities
Both federal and State fair housing laws, along with State Planning and Zoning laws
(Government Code Section 65008), provide protection for residential facilities serving persons
with disabilities. The Lanterman Developmental Disabilities Services Act also declares disabled
persons are entitled to live productive and independent lives in the communities in which they
live.
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September 26, 2018
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In accordance with State law, licensed residential facilities for six or fewer persons are a
permitted use in all residential zones and must be treated like other residential uses occurring
within the same zone. The following State statutes require that small (serving six or fewer
persons) licensed group homes be treated like other residential uses and include: facilities for
persons with disabilities and other facilities (Welfare & Inst. Code 5116), residential health care
facilities (Health & Safety Code 1267.8, 1267.9, & 1267.16), residential care facilities for the
elderly (Health & Safety Code 1568.083 - 1568.0831, 1569.82 1569.87), community care
facilities (Health & Safety Code 1518, 1520.5, 1566 - 1566.8, 1567.1), pediatric day health
facilities (Health & Safety Code 1267.9;1760 1761.8), and facilities for alcohol and drug
treatment (Health & Safety Code 11834.23).
The proposed ordinance seeks to define residential facilities in accordance with the State law
(California Health and Safety Code Section 1502(a)(1)) as follows:
any family home, group care facility, or similar facility, licensed by the State of
California, for 24-hour nonmedical care of persons in need of personal services,
supervision or assistance essential for sustaining the activities of daily living or for the
protection of the individual.
The proposed ordinance would amend CVMC Chapter 19.54 to include residential facilities for
seven or more persons as an unclassified use permitted in any zone with an approved conditional
use permit and requirement to obtain applicable state licenses and approvals and a Chula Vista
business license. Off-street parking is proposed at a rate of one parking space for every five
beds, consistent with the parking requirements found in other local communities. Additionally,
1.5 parking spaces for employees and one loading space for deliveries will be required. Such
parking requirements for employees and loading is consistent with standards provided for other
uses (e.g. wholesale establishments, warehouses, service and maintenance centers,
communication equipment buildings, manufacturing plants, research or testing laboratories, and
bottling plants).
Through its CUP process the City has the ability to impose additional conditions of approval as it
deems necessary to ensure that the project would not be detrimental to surrounding
properties/uses.
Other Amendments
In light of the proposed amendments to allow for these supportive residential uses, staff is also
proposing to address similar land uses for the purposes of providing greater clarification and
standards that are objective and encourage and facilitate the development of a variety of housing
types to meet the diverse and growing needs of residents.
Staff is recommending that similar uses such as motor hotels, motels and hotels be defined as a
With the establishment of qualified employee housing, references to transient labor
accommodations (e.g., camps) should be removed. Given the current real estate market, with
high costs of housing and greater demand for housing, larger bedroom homes are being proposed
or homes remodeled to add additional bedrooms. Staff is proposing greater parking requirements
PC Resolution MPA18-0009/MPA 18-0011
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for those residences providing five or more bedrooms, requiring an additional parking space for
each bedroom greater than four.
Public Outreach:
Information regarding the proposed amendments to the CVMC was made available to the public
www.chulavistaca.gov/housing. Additionally, a draft of the proposed Supportive Residential
Land Use Ordinance updating the Zoning Code was made available to review at the following
locations:
Civic Center Library (365 F St)
South Chula Vista Library (389 Orange Ave)
Development Services Department Front Counter Bldg B & Housing Division Building C
(276 Fourth Ave)
Several opportunities were provided for the community and interested parties to learn and
understand the proposed amendments to the Chula Vista Municipal Code Update and included
the following:
Housing Advisory Commission Wed, January 25, 2017
Development Oversight Committee August 22, 2018
Community Meetings September 13 and 17, 2018
Spanish interpretation was made available upon
request at 619-691-5047
Chula Vista Community Collaborative Tues, September 11, 2018
San Diego Housing Federation Policy Subcommittee Wed, September 12, 2018
Noticing and advertisement of the community meetings and actions before legislative bodies
included the following:
Display ad published in the Star News on Friday, September 7, 2018;
Direct mailings to 25 persons/organizations;
Distribution of invitations and notices via electronic mail from the City to nearly 250
persons/organizations;
Email blasts directly from Chula Vista Community Collaborative, San Diego Housing
Federation, Southwest Civic Association and Crossroads II to their members;
, Facebook);
te (e.g. City Calendar and DSD Housing Division); and,
Posting of flyers at key City facilities (libraries and City Hall) within Chula Vista.
A total of twenty-six persons were in attendance at the two informational meetings held on
Thursday, September 13, 2018 at 6 pm and Monday, September 17, 2018 at 10 am. A copy of
the comments and responses was made
www.chulavistaca.gov/housing and was emailed to those attendees who provided email
addresses.
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A detailed description of the public participation process and the comments received are
attached.
DECISION-MAKER CONFLICTS
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently, the 500-foot rule found in California Code of Regulations Title 2,
section 18702.2(a)(11), is not applicable to this decision for purposes of determining a
disqualifying real property-related financial conflict of interest under the Political Reform Act
(Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed
by any Planning or Housing Advisory Commissioner of any other fact that may constitute a basis
for a decision maker conflict of interest in this matter.
CONCLUSION
The proposed amendments to CVMC Code Chapter 15.20
,
through its public outreach process, will comply with State Housing Element law and Fair
Housing laws by addressing the critical need for affordable housing and is consistent with the
vibrant, and livable communities.
It must be noted that updates related to emergency shelters are time sensitive and will require
immediate action. Per Senate Bill 2 (Cedillo, 2007), local jurisdictions must amend their Zoning
Ordinances to permit emergency shelters by right in at least one zoning district within one year
of the adoption of their Housing Elements. The City has been working over the years to draft
such amendments. Within the past few months, City staff has been working directly with State
HCD and providing updates as to progress in amending its Zoning Code. The City has received
notification from the State that compliance is required by November 1, 2018, or HCD may begin
the process to de-certify the Citys Housing Element.
FISCAL IMPACT
There is no fiscal impact associated with the proposed amendments.
Attachments
1. Resolutions A PC MPA18-0009; HAC HA18-0003
2. Resolutions B PC MPA18-0011; HAC HA18-0004
3. Strikeout Underline CVMC for Chapter 15.20 - Housing Codes
4. Strikeout Underline various sections of CVMC Title 19 Planning and Zoning
5. Public Participation Process