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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 City of Chula Vista Boards & Commissions Planning Commission DR17-0025; That the Planning Commission adopt the Resolution approving the proposed project, based on the findings and subject to the conditions contained therein. In compliance with the AMERICANS WITH DISABILITIES ACT 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. PC Resolution MPA18-0009/MPA 18-0011 September 26, 2018 Page -4- 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. PC Resolution MPA18-0009/MPA 18-0011 September 26, 2018 Page -5- 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 Page -6- -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. PC Resolution MPA18-0009/MPA 18-0011 September 26, 2018 Page -7- 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 September 26, 2018 Page -8- 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. PC Resolution MPA18-0009/MPA 18-0011 September 26, 2018 Page -9- 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 September 26, 2018 Page -10- 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. PC Resolution MPA18-0009/MPA 18-0011 September 26, 2018 Page -11- 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 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 2003\\02\\2420840.4 Ordinance Page 2 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. 2003\\02\\2420840.4 Ordinance Page 3 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. 2003\\02\\2420840.4 Ordinance Page 4 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 2003\\02\\2420840.4 Ordinance Page 5 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). 2003\\02\\2420840.4 Ordinance Page 6 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 2003\\02\\2420840.4 Ordinance Page 7 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: 2003\\02\\2420840.4 Ordinance Page 8 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. 2003\\02\\2420840.4 Ordinance Page 9 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; 2003\\02\\2420840.4 Ordinance Page 10 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. 2003\\02\\2420840.4 Ordinance Page 11 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. 2003\\02\\2420840.4 Ordinance Page 12 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); 2003\\02\\2420840.4 Ordinance Page 13 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. 2003\\02\\2420840.4 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 § 2003\\02\\2420840.4 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. Page | 2 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 Page | 1 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. Page | 2 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 Page | 3 Page | 4 Page | 5 Page | 6 Page | 7 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 Page | 8 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 Page | 9 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 Page | 10 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. Page | 11 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. Page | 12 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. Page | 14 Page | 15 Page | 16 Page | 17 Page | 18 Page | 19 Page | 20 Page | 21 Page | 22 Page | 23 Page | 24 Page | 25 Item: ___3____ Meeting Date: 09/26/18 ITEM TITLE: Public Hearing: 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. SUBMITTED BY: Scott D. Donaghe REVIEWED BY: Kelly Broughton, Director of Development Services INTRODUCTION The City of Chula Vista is proposing entitlement of the University Innovation (UI) District Sectional Planning Area (SPA) Plan on approximately 383 acres within the Otay Ranch and Eastlake III communities. The UI District SPA Plan defines: the vision; land use character and mix; design criteria; pedestrian, bike and vehicular circulation systems; and the infrastructure requirements for an approximately 10 million square-foot University and Innovation District that will ultimately serve 20,000 students. Planning Commission Date: September 26, 2018 Page No. 2 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that there is substantial evidence, in light of the whole record, that the project may have a significant effect on the environment; therefore, the Director of Development Services has caused the preparation of an Environmental Impact Report, EIR-14-001. RECOMMENDATION 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. DISCUSSION Location, Existing Site Characteristics and Ownership The UI District is split between two sites; the Main Campus property and the Lake Property (see Attachment 1 Location Map). The Main Campus Property is located southeast and west of the intersection of Hunte Parkway and Eastlake Parkway and north of the Otay River Valley -070-16, 644-080-09, 15, 16, 18 & 23 and a portion of 644-070-10). The Main Campus site includes High Tech K-12 schools and is immediately west of the San Diego Gas and Electric sub-station. Village 11 (Winding Walk) is to the north of the site and the future Village 9 will be located to the west of the site. Future Village 10 will be located to the south, as is the Otay River Valley. The site is within the Otay Valley Parcel of the Otay Ranch General Development Plan (GDP), is vacant (except for High Tech K-12 which leases 10 acres from the City) and has been used for agricultural purposes in the past. The Lake Property is located just south of the Chula Vista Elite Athlete Training Center, east of Salt Creek and the Otay Ranch Preserve, and west of the Lower Otay Lakes Reservoir -040-06). The Lake Property is accessible via Wueste Road and is within the Eastlake III GDP. The Lake Property is also vacant. Both of the UI District sites are owned by the City of Chula Vista. Project Description The UI District is proposed to be developed with up to approximately 10 million square feet in a mixed-use development format that includes academic/university, industrial, commercial, retail, residential, and recreational uses. The proposed project would include up to approximately 4.4 Planning Commission Date: September 26, 2018 Page No. 3 million square feet of academic space (including classrooms, laboratories, administrative offices, library, physical plant, recreation, etc.), 1.6 million square feet of on-site living (e.g. student residence halls), 2 million square feet of business innovation uses and 2 million square feet of market rate residential units (approximately 2,000 units). The UI District would support a total of 34,000 people including a mix of students, faculty, staff, residents, and office/retail workers. The university land uses are assumed to include up to 20,000 full-time students and 6,000 university faculty and staff. Innovation uses would include a mix of office, laboratory, and retail uses to support up to 8,000 jobs. Residents on the site are anticipated to include up to 5,400 students and 2,000 employees . At buildout, the Project would offer a unique community that reflects a growing demand for dynamic, urban education centers. The plan takes many qualities of a traditional campus (e.g., open landscaped spaces and coherent architectural edges) and integrates them with several qualities of a contemporary town center (e.g., access to transit, pedestrian-friendly streets and multi-use buildings with retail at street level). Environmental Impact Report Section 21002 of the California Environmental Quality Act (CEQA) requires that an environmental impact report identify the significant effects of a project on the environment and provide measures or alternatives that can mitigate or avoid those significant effects. The Environmental Impact Report (EIR) contains an environmental analysis of the potential impacts associated with implementing the Chula Vista University and Innovation District project. The subject EIR has been prepared as a Project EIR, as defined in pursuant to Section 15161 of the CEQA Guidelines. As defined in CEQA, a Project EIR examines the impacts of a specific development project. This type of EIR should focus primarily on the changes in the environment that would result from the development project. The major issues that are addressed in the Project EIR were determined based on review by the City of Chula Vista Development Services Department, and public comments received on the Notice of Preparation (distributed in December of 2014). The Draft EIR was distributed for a 45-day public review period on February 22, 2018. A total of 7 comment letters were received, all of which were routine letters submitted by public agencies/organizations. No letters of opposition to the project or the EIR were received during the public EIR comment period. The Final EIR includes all comments submitted to the City, and responses to them. The Draft and Final EIRs identify that the proposed project would result in both significant unmitigated impacts and impacts that will be mitigated to a level of less than significant. Significant unmitigated impacts were identified relating to Aesthetics (Impacts 5.2-1 and 5.2-2; direct and cumulative alteration of scenic views, visual character, and cumulative loss of views of open space), Air Quality (Impact 5.4-2 and 5.4-3; direct violation of air quality standards for criteria pollutants related to operational and long-term emissions), Agriculture (Impact 5.12-1a; direct and cumulative loss of agricultural resource), and Utilities (Impact 5.15.2-2; cumulative impacts on wastewater). Planning Commission Date: September 26, 2018 Page No. 4 Significant impacts that can be mitigated to a level of less than significant have been identified associated with the environmental issues of Land Use (land use compatibility; conflicts with land use plans, policies, and regulations; and conflicts with conservation plans), Aesthetics (visual character or quality; lighting, glare, shadow, and wind; and landform modification); Transportation (traffic and level of service standards; congestion management; and air traffic patterns), Air Quality (sensitive receptors), Noise (excessive noise levels; excessive ground- borne vibration; and temporary increase in ambient noise levels), Biological Resources (sensitive plant and wildlife species; riparian habitat and other sensitive natural communities; federally protected wetlands; and consistency with local policies, ordinances, HCPs, and NCCPs), Cultural Resources (direct impacts to archaeological resources; human remains; and paleontological resources), Geology and Soils (exposure to seismic related hazards; soil erosion or topsoil loss; soil stability; and expansive soils), Public Services (fire and emergency medical services; police services; and parks, recreation, open space, and trails), Hydrology and Water Quality (water quality standards; erosion or siltation; degradation of water quality; and inundation), Hazards and Hazardous Materials (routine use and accidental release of hazardous materials; hazards to schools; existing hazardous materials sites; and airport hazards). All of these impacts have been fully mitigated below a level of significance. All feasible mitigation measures with respect to project impacts have been included in the Final EIR. For those impacts with associated mitigation, a Mitigation Monitoring and Reporting Program (MMRP) has been provided with the Final EIR (FEIR). Section 15126.6 of t alternatives to the Project, or to the location of the Project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant capable of avoiding or substantially lessening a alternatives would impede to some degree the attainment of the Project objectives. The EIR addresses the No Project (No Build) Alternative and the Reduced Project Alternative. Based on this examination, the City has determined that neither of the alternatives meets the objectives of the Project. Otay Ranch General Development Plan Amendment designates the site as Public & Quasi-Public and Regional Technology Park, but requires minor amendments to the Otay Ranch General Development Plan (Otay Ranch GDP). The SPA Plan refines and implements the Otay Ranch Village concept, goals and objectives and policies of the Otay Ranch GDP, subject to the following amendments. Village 9/University Boundary and Land Use Tables In 2014, the City Council approved the Village 9 SPA Plan. As part of that approval, approximately 50 acres of Village 9 were designated as University/Regional Technology Park (U) Planning Commission Date: September 26, 2018 Page No. 5 on the Site Utilization Plan. With Village 9 approved, the approval of the Village 10 SPA Plan required land trades between the three property owners that reduced the original 50 acres of University/Regional Technology Park land, within Village 9, to 41.3 acres (see Attachment 2 Otay Ranch GDP Amendments). This also resulted in a reconfigured University site that was oriented in an east/west direction. The remaining 8.7 acres were made up elsewhere on the site to keep the C The UI District SPA Plan proposes to unify both of these properties into one University/Regional Technology Park site of approximately 353 acres, known as the Main Campus (see Attachment 2 Otay Ranch GDP Amendments). These mapping amendments also necessitate amendments to the associated Otay Ranch GDP Land Use Tables (see Attachment 2 Otay Ranch GDP Amendments). Lastly, these proposed amendments also require some minor text amendments to various sections as shown in strikeout/underline in Attachment 2 to provide consistency throughout the Otay Ranch GDP document. SPA Plan The UI District implement that vision that are consistent with the Otay Ranch GDP as well as the City of Chula Vista General Plan. The vision centers on an academic-institutional mixed-use district rather than a traditional stand-alone campus precinct. Design concepts such as: mixed use urban streets; potential multi-institutional zones; key public parks and squares; a network of trails and open spaces; enhanced pedestrian and bike mobility; direct access to the Bus Rapid Transit; integration with adjacent villages; and non-traditional residential units that will serve to set the UI District apart from other development, and campuses, in the region. Development Code Chapter 3 of the SPA Plan, the Development Code, defines the development parameters for the UI District, including the development framework, land use and development intensity, key character nodes, mobility, design criteria, and phasing appropriate for a long-term build-out of a university and innovation center that attracts leaders in higher learning and industry. The SPA Plan proposes to co-locate academia and industry and allows for shared services and facilities. It has been developed to stimulate academic and business investment in the area to bring intellectual capital and research activities to the City. The UI District development concept promotes coordinated development with adjacent development in Villages 9 and 10, efficient public transit and viable walkability with a strong emphasis on the urban built form to foster a vibrant mixed-use innovation hub. The UI District SPA Plan is divided into seven development Transects (Transects T-1 through T-6 and SD) and three Open Space Areas (Open Space Areas OS-1 through OS-3) as identified in the Site Utilization Development Summary (Attachment 3 and Page 3-4 of the SPA Plan). These Transects/Areas are then arranged subject to the Site Utilization Plan (Attachment 4 and page 3-5 of the SPA Plan). The UI District is strategically designed to focus urban development within the T-6 through T-2 Transects, allowing for development flexibility at low intensities in the T-1 Planning Commission Date: September 26, 2018 Page No. 6 Transects, SD Lake Blocks. Development square footage, land use percentage and specific building locations may be altered or transferred between Transects pursuant to the Administration & Implementation section of the SPA Plan. Section 3.4 of the UI district SPA Plan contains the Regulating Plan (Pages 3-6 through 3-33) that establishes the development regulations applied to each parcel. The Regulating Plan is a synthesis of development opportunities that respond to the topography and constraints of the site, it promotes an active and urban setting for long-range development and is designed for flexibility to adapt to evolving development needs of the market and the City. An example of the development standards for the T-6: District Gateway Transect is attached as Attachment 5. There are separate development standards for each of the Transects/Areas. Permitted uses are identified in Section 3.6 of the SPA Plan (Pages 3-39 through 3-47). Five land use types have been identified: Academic; On-Site Living; Business Innovation; Market Rate Residential; and Other Uses. The maximum square footage for each of these land uses are limited and are identified in Table 3M - Land Use Ratios on Page 3-42 of the SPA Plan. Each of these Use Types is then categorized as being either: Affiliated Mixed Use Development (meaning that they are affiliated with the University and part of a mixed use development); Affiliated Stand-Alone Development or Non-Affiliated Uses. The list of permitted uses can be found in Table 3N Permitted Uses, starting on Page 3-45 of the SPA Plan. The Permitted Use Table is attached as Attachment 6. Flex District would allow a permeable edge between the UI District and Villages 9 and 10. Engagement with the street, design techniques, built form and land use from the identified blocks of Villages 9, 10 and the UI District would be allowed to occur on either side of Orion Avenue and Campus Boulevard South. Circulation Plan The Circulation ntained to enable safe, convenient and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. Transportation modes include, but are not limited to, bicycling, walking, low speed electric vehicles, vanpooling, carpooling and riding public transit. The plan intends to limit single passenger private automobiles to reduce traffic congestion and air pollution, while providing for improved safety, a variety of transportation choices, a healthier lifestyle of walking and bicycling, and the creation of enjoyable places that people want to go to. This system also includes the extension of existing and planned roads, trails and transit from adjacent villages as well as internal systems to serve the UI District. The Pedestrian Circulation Plan envisions an interconnected series of trails, pathways, bicycle connections and walks that provide access to regional trails, the Village Pathway, Otay Valley Regional Park and the Chula Vista Greenbelt Trail (Attachment 7 Pedestrian & Bicycle Circulation Plan and Page 4-13 of the SPA Plan). In addition, five Pedestrian Walks are planned for: Hunte Walk along Hunte Parkway; Transit Walk on the two blocks to the north and south of Planning Commission Date: September 26, 2018 Page No. 7 the Transit Stop; Center Walk, a north/south walkway along the western portion of the campus; Campus Walk, an east/west walkway through the center of the campus; and Vista Walk on the eastern end of the campus (Attachment 8 Pedestrian Walk Standards and Pages 3-24 and 3-25 of the SPA Plan). A Bus Rapid Transit route is planned along Orion Avenue (along the western edge of the UI District and Village 9), part of the larger system that will eventually run between the Otay Mesa Port of Entry and Downtown San Diego (see Attachment 9 Planned Transit and Page 4-7 of the SPA Plan). An on-site shuttle is also planned to move students from the Transit Stop throughout the campus. The Circulation Plan also details the thoroughfare standards of each road and its components within the UI District. Specific details for each of the thoroughfares are discussed on Pages 4-20 through 4-32 of the SPA Plan. An example of the thoroughfare details for Eastlake Parkway is included as Attachment 10. The figures typically include the Classification of the roadway, general dimensions, modes, and landscaping for each of the segments. The street sections are conceptual and final design will occur at tentative mapping. or perhaps even for decades the parking needs will likely be accommodated with surface parking lots due to economic considerations and the availability of land. However, in later years, when open land available for building development has been exhausted, serious investment in structured parking and Transportation Demand Management programs to reduce parking demand, will become necessary. While creating a specific parking plan at this stage would be premature, given the uncertainty of n does identify several locations along Hunte Parkway that might initially be developed with surface parking (see Attachment 11 Access Parking Plan and Page 4-19 of the SPA Plan). The UI District SPA Plan also includes an expanded and in-depth study of parking and Transportation Demand Management principles from similar universities on Pages 4-33 through 4- 67. By establishing 12 core principles, the approach will accommodate the practical short-term needs of a broad range of potential private-sector, non-profit and/or governmental institutions, environmental responsibility goals. The key principles are: park oncestrategy, whereby drivers can park their car once and complete multiple tasks on foot, uses with differing peak times can share parking and sharing parking to spread peak loads; and -parking model to forecast demand that will use a customized shared parking model that will be updated and calibrated regularly; and Establish a department to provide parking and transportation services; and Invest in Transportation Demand Management; and Have the Parking & Transportation Department serve as the Transportation Management Association, responsible for the management and promotion of alternative transportation programs; and Planning Commission Date: September 26, 2018 Page No. 8 Provide deep discount group transit passes; and Establish a car-sharing program; and Price curb parking to be well-used, but readily available; and Establish residential parking benefit districts, when needed; and Do not apply minimum parking requirements within the District; and parking costs from the cost of other goods and services; and Require parking cash out that subsidizes employee parking to offer incentives for commuters to carpool take transit and bike or walk to work. Public Facilities Finance Plan (PFFP) The PFFP (Appendix A to the SPA Plan), prepared for the city by Michael Baker International, addresses all of the public facility needs associated with the UI District SPA Plan. The PFFP has (GMP), Growth Management Ordinance (GMO) (CVMC 19.09) and Chapter 9 Growth Management of the Otay Ranch GDP. The preparation of the PFFP is required in conjunction with the preparation of the SPA Plan to ensure that the development is consistent with the goals and The PFFP analyzes the demand for facilitie phasing plan. When specific thresholds are projected to be reached or exceeded, the PFFP provides recommended actions necessary for continued compliance with the City of Chula ociated Quality-of-Life Threshold Standards. The PFFP does not propose a different development phasing from that proposed by the SPA Plan, but may indicate that the development should be limited or reduced until certain actions are taken to guarantee public facilities will be available or provided to meet the Quality of Life Threshold Standards. The PFFP provides an analysis of threshold requirements and a set of recommendations for public facility needs associated with traffic, police, fire and emergency services, schools, libraries, parks, water, sewer, drainage, air quality, civic center, corporation yard, and other city administrative facilities. While the PFFP typically includes a Fiscal Impact Analysis based upon the phasing program, the PFFP prepared for the UI District SPA Plan does not. Fiscal Impact Analyses estimate both revenues to be generated and the cost of providing municipal services to a given project, based on the planned land uses. With the planned academic/university use, the operating characteristics of the tenant could significantly impact the fiscal performance of the Project. For example, nonprofit colleges may be exempt from property tax, resulting in reduced revenues, while overlap in provision of on-campus public services with City services could reduce the cost of serving the Project. The Director of Development Services considered the variety of potential development scenarios and determined that development of a Fiscal Impact Analysis at this time was premature. Fiscal Impact Analyses will be prepared in the future as additional tenant information becomes available and specific land use proposals are considered. Planning Commission Date: September 26, 2018 Page No. 9 Other SPA Supporting Appendices The UI District SPA Plan also includes other appendix documents, including the Air Quality Improvement Plan (Appendix B to the SPA Plan), the Non-Renewable Energy Conservation Plan (Appendix C to the SPA Plan), the Preserve Edge Plan (Appendix D to the SPA Plan), the Agriculture Plan (Appendix E to the SPA Plan), the Fire Protection Plan (Appendix F to the SPA Plan) and the Water Conservation Plan (Appendix G to the SPA Plan). DECISION-MAKER CONFLICTS No Property within 500 feet: Staff has reviewed the property holdings of the Planning Commissioners and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for et seq.). Staff is not independently aware and has not been informed by any Planning Commission member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CONCLUSION The proposed land uses, development intensities and grading program directly implement the Project provides all of the public facilities required by the Otay Ranch GDP. The further development of the EUC University Innovation District with the Bus Rapid Transit (BRT) system further implement pedestrian-oriented policies in conformance with the goals, objectives and policies of the General Plan and the Otay Ranch GDP. FISCAL IMPACT Current Fiscal Impact The processing for the SPA Plan, EIR and all supporting documents was partially funded by a grant from the Department of Energy, and the remainder of the funding was budgeted as part of the General Fund. Ongoing Fiscal Impact As previously discussed, the net fiscal impact of the Project is a function of both revenues to be generated and the cost of providing municipal services. Potential tenants of the academic/university land use could generate significantly different revenues and expenditures Planning Commission Date: September 26, 2018 Page No. 10 based on their nonprofit/for profit status, services to be provided on-campus, and other operating characteristics. As such, the Director of Development Services determined that a reliable Fiscal Impact Analysis could not be prepared at this time and therefore was not required. As specific land use proposals are brought forward to the Council in the future, fiscal impacts will be analyzed and disclosed. Attachments: 1. Locator Map 2. Otay Ranch GDP Amendments 3. Site Utilization Development Summary 4. Site Utilization Plan 5. T-6: District Gateway Development Standards 6. Permitted Use Table 7. Pedestrian & Bicycle Circulation Plan 8. Pedestrian Walk Standards 9. Planned Transit 10. Eastlake Parkway Section B-B 11. Access and Parking Plan Enclosures: 1. University Innovation District EIR (on USB flash drive) 2. University Innovation District SPA Plan (on USB flash drive) ATTACHMENT 1- LOCATION MAP m � Q U IVERSI AS R N A) PROJECT LOCATION UNIVERSI \ ?\ G\ OTAY RANCH u+ \ VILLAGE 9 OTAY RANCH �- VILLAGE 10 SR 125 { { { LOCATOR NORTH , PCM-14-05 ATTACHMENT 1 ATTACHMENT 10 C A 4: (.......... C I J IL..A 0`4 A 4 A. CIassificatioirr ® Pedestrian:10-foot sidewalk(both sides). ® Village Entry Street. ® Transit: one. B. Geirieii4l Dfirneirisioiris: ® LSVs: Permitted. ® Right-of-Way: 120 feet. D. Lairidscalpiiirlg: ® Curb-to-Curb:60 feet. Street Tree Specifications: ® Median: 20 feet. ® Height: 25'-35' ® Planting Strip: 12 feet(both sides). ® Width: 25'-35' C. III IIodes: ® Spacing:40'o.c. ® Vehicles:2 travel lanes(1 in each direction). ® Deciduous ® Parking: No parking. For an approved list of street trees,see the City of Chula ® Bike: Class IV 6-foot wide bikeways with Vista Urban Forest Tree List:http://www.chulavistaca.gov/ 3-foot wide buffers(1 in each direction). home/showdocument?id=14654 S1 LS, S ,I, S, 10 1 12, 1 6' 3'[ 11' 20' 11' 6' NAWWO SIRIP W4 K FLAWIkC,rRIM ] EVE I I MAWtA LANE 11,4NUDMEDIAN qRx'n L NE51ME 'w'Iwo,51 mp KAK'wc'5TRI NUFFER BUFFER, ............_.m........ Gua'Curb-to-Cwb N20Ripjd-of-Way 0,.J XC :�'XRKWAY & C ON PLANNING COMMISSION DRAFT I JULY 2018 11 23 ATTACHMENT 11 5k�ch Road Village ,y " aul3sia tiort ,. 11 A� oar MldINRa � r' ,�� ��� ° a72F °"� \ ........_. dahil IbTtB°of-b2 w, I/ , , 01 /fir sn 77) 02� 2D ti a' sc '7 ac, '^� 'hw `�'� ti � Otaay Ranch �', r etp 14 Preserve campus 'us rrt 41 d ,sAby s� %/�� j' � „ '" �@ y ��/ is 4C rt02G p 4F,,. age Vil 1 p Village 10, seat I Snz I II O 1�l ��:n owrt�r Lake � Ota^y r { � . l��l Lake Legend ExlstarsgTraffticSupa s Z �lalva,g�dFarklirp�bstr�cf Priirnary Ve'hicullar Fntries Manned BR'1'Lirua Potential VehlcUar Entrm� Piarned RRT Stop N Cl Potontial IPub is Rari.ing, Ped,strialn Bridge Manned On-Smote Slhliattle C"cubtolr Property Line 25a Dnp, n 2raap' Vy,�' G�.J II III..... 4 III N :;'X:i 11<;II IIN G :;t IL.AN PLANNING COMMISSION DRAFT JULY 2018 "1"""'19 ORDINANCE No._______ ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS (CHAPTER 3 DEVELOPMENT CODE) FOR THE UNIVERSITY INNOVATION DISTRICT WHEREAS, the property which is the subject matter of this Ordinance is identified as Exhibit "1" attached hereto and incorporated herein by this reference and commonly known as the University Innovation District, which consists of approximately 383 acres on two distinct sites. The Main Campus site is located south of the intersection of Eastlake Parkway and Hunte Parkway, north of the Otay River Valley. The Lake Parcel is located south of the Chula Vista Elite Athlete Training Center, west of Lower Otay Lake and east of Salt Creek (Property); and WHEREAS, the City (the Owner) began processing a new Sectional Planning Area (SPA) Plan, including Planned Community District Regulations (PCM-14-05) for the University Innovation District (Project) in 2014; and WHEREAS, the Project is intended to ensure that the University Innovation District SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP) to implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the University Innovation District to exist in harmony within the community; and WHEREAS, the development of the Property has also been the subject matter of a concurrently processed Otay Ranch General Development Plan Amendment (GDPA) (PCM-14- 05), approved by the City Council; and WHEREAS, the Project is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 Planned Community (PC) Zone, which is applicable to the University Innovation District SPA Plan; and WHEREAS, the Project establishes a Planned Community District Regulation Code (Chapter 3 Development Code) applicable to the District Gateway, Urban Core, Town Center, Campus Commons, Campus Vista and Future Development Transects, as well as the Lakes Blocks, Pedestrian Walk, Common Open Space and Open Space located in the University Innovation District SPA Plan; and WHEREAS, the Citys Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that there is substantial evidence, in light of the whole record before the City of Chula Vista, that the Project may have a significant effect on the environment; therefore, the Development Services Director has caused the preparation of an Environmental Impact Report, EIR 14-001; and WHEREAS, the development of the Property relied on the University Innovation District SPA Plan Project Environmental Impact Report No. 14-001, SCH 2014121097 (EIR 14-001); and the Findings of Fact and Mitigation Monitoring and Reporting Program, certified by the City Council; and WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailings to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS; the hearing was held at the time and place as advertised in the City Council Chambers located at 276 Fourth Avenue, and said hearing was thereafter closed; and WHEREAS; a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to approve the Project; and WHEREAS, the proceedings and any documents submitted to the Planning Commission and City Council as the decision makers shall comprise the entire record of the proceedings. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby find and ordain as follows: I. PLANNING COMMISSION RECORD That the proceedings and all evidence introduced before the Planning Commission at their public hearing and the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings. II. ACTION That the City Council hereby adopts an Ordinance approving the University Innovation District SPA Planned Community District Regulations (Chapter 3 Development Code), finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan and all other applicable plans; as set forth in Resolution PCM- adopting the University Innovation District SPA Plan, and that the public necessity; convenience, general welfare and good planning and zoning practice support their approval and implementation. 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. 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. V. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. 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 Broughton, FASLA Glen R. Googins Director of Development Services City Attorney LOCATION MAP Proposed Otay Ranch General Development Plan Amendments University Innovation District Part II, Chapter 1, Section C, Exhibit 17 Otay Ranch Land Use Designation Table Otay Ranch Land Use Designations * 45 du/ac is the appropriate gross density maximum for the Mixed Use designation in the Otay Ranch. Higher mixed use gross densities (45 60 du/ac) have been designated for the Eastern Urban Center (EUC). Exhibit 18a Existing Overall Project Summary Table Overall Project Summary Dwelling Units Acreage Approx. Parcel Total Pop. SF UnitsMF UnitsRes. Ac.Park Ac.CPF Ac.Sch Ac.C'ml. Ac.Office Ac.Ind. Ac.Uni. Ac.Open Sp.Art. Ac.Total Ac. Units Otay Valley Parcel10,85623,75534,6113,201.6253.7105.0230.5201.68.3423.9279.34,052.5692.79,44999,336 Proctor Valley 2,6311,5584,1891,885.412.517.110.0252.0 - - 5,656.761.37,89512,391 Parcel San Ysidro 779 - 7791,499.83.42.310.03.3 - - 4,036.2 - 5,5552,494 Mountains Parcel Total:14,26625,31339,5796,586.8269.6124.4250.5456.98.3423.9279.313,745.4754.022,899114,221 Overall Project Summary Table Exhibit 18a Proposed Overall Project Summary Table Overall Project Summary Dwelling UnitsAcreage Approx. Parcel Total Pop. SF UnitsMF UnitsRes. Ac.Park Ac.CPF Ac.Sch Ac.C'ml. Ac.Office Ac.Ind. Ac.Uni. Ac.Open Sp.Art. Ac.Total Ac. Units Otay Valley Parcel10,85623,75534,6113,201.6253.7116.6230.5201.68.3423.9267.74,052.5692.79,44999,336 Proctor Valley 2,6311,5584,1891,885.412.517.110.0252.0 - - 5,656.761.37,89512,391 Parcel San Ysidro 779 - 7791,499.83.42.310.03.3 - - 4,036.2 - 5,5552,494 Mountains Parcel Total:14,26625,31339,5796,586.8269.6136.0250.5456.98.3423.9267.713,745.4754.022,899114,221 Overall Project Summary Table The DU number reflects all residential development on the Otay Valley Parcel excluding the University/RTP site, however, a portion of Village Nine and Village Ten have a secondary land use designation of residential which are not included in the maximum DU. Otay Valley Parcel Dwelling UnitsAcreage Approx. Village Total Pop. SF UnitsMF UnitsRes. Ac.Park Ac.CPF Ac.Sch Ac.C'ml. Ac.Office Ac.Ind. Ac.Uni. Ac.Open Sp.Art. Ac.Total Ac. Units Village 12,4541,5223,976703.223.113.410.06.3 - - - 264.846.51,067.311,734 + Village 26043,9414,545346.024.012.619.8 - 82.5 - 226.363.5774.714,726 + Village 38807171,597149.58.14.38.38.340.6 - 129.519.8368.45,174 Village 417627745368.356.81.8 - - - - - 233.411.4371.81,296 Village 51,2631,5502,813370.716.611.310.02.0 - - - 70.415.4496.47,995 Village 69411,4972,438282.07.613.710.0*** - - - 22.058.3393.66,830 Village 71,0084481,456234.39.36.360.07.2 - - - 38.817.1373.04,369 Village 81,5644,0465,610356.035.210.042.4* + - - - 52.740.0536.315,646 Village 92663,7344,000177.427.55.019.8* - - 41.36.826.1303.910,519 Portion of University/Village 9 689316123.20.90.60.90.8 - - - 12.42.541.3454 (Alternative)** University/RTP - - - - - - - - - 85.0238.0 - - 323.0 - Village 106951,0451,740113.17.64.39.2 - - - - 16.5 - 150.75,010 Portion of University 29121350471.710.42.18.32.2 - - - 26.17.8128.61,475 (Alternative)**** Village 111,0051,3852,390306.710.09.435.010.0 - - - 51.466.5489.06,749 Plng. Area 12 - 3,5933,59394.427.912.96.0161.1 - - - 2.871.0376.19,288 Plng. Area 18 - - - - - - - - - 215.8 - - - 215.8 - Plng. Area 20 - - - - - - - 15.0 - - - 188.06.0209.0 - Open Space++ - - - - - - - - - - - 2,729.4 - 2,729.4 - SR-125 - - - - - - - - - - - - 182.0182.0 - Public - - - - - - - - - - - 19.6 - 19.6 - Arterial - - - - - - - - - - - - 69.169.1 - Total:10,85623,75534,6113,201.6253.7105.0230.5201.68.3423.9279.34,052.5692.79,44999,336 + Commercial development may occur vertically or horizontally within Village 2 (up to 130,000 square feet), Village 3 (20,000 square feet), Village 8 East (20,000 square feet); therefore, actual acreage within each land use will be determined at final map. * 1,800,000 square feet of commercial may occur vertically or horizontally within Village 8 West and Village 9; therefore, actual acreage within each land use will be determined at final map. ** Portion of University/Village 9 has a primary land use designation of University and a secondary land use of residential. The secondary land use is not included in the total. *** Commercial included as component of residential acreage. **** Portion of University has a primary land use designation of University and a secondary land use of residential. The secondary land use is not included in the total. ++ Open Space includes open space preserve, undevelopable land, streets, and right-of-way. Otay Valley Parcel Dwelling UnitsAcreage Approx. Village SF MF Total Park Sch C'ml. Office Ind. Uni. Open Art. Total Pop. Res. Ac.CPF Ac. UnitsUnitsUnitsAc.Ac.Ac.Ac.Ac.Ac.Sp.Ac.Ac. Village 12,4541,5223,976703.223.113.410.06.3 - - - 264.846.51,067.311,734 Village 26043,9414,545346.024.012.619.8 + - 82.5 - 226.363.5774.714,726 Village 38807171,597149.58.14.38.3 +8.340.6 - 129.519.8368.45,174 Village 417627745368.356.81.8 - - - - - 233.411.4371.81,296 Village 51,2631,5502,813370.716.611.310.02.0 - - - 70.415.4496.47,995 Village 69411,4972,438282.07.613.710.0*** - - - 22.058.3393.66,830 Village 71,0084481,456234.39.36.360.07.2 - - - 38.817.1373.04,369 Village 81,5644,0465,610356.035.210.042.4* + - - - 52.740.0536.315,646 Village 92663,7344,000177.427.55.019.8* - - 6.826.1262.610,519 Planning Area 10 - - - - - 11.6**** - - - 85.0267.7 - - 364.3 - (University/RTP) Portion of Planning Area 10 35930666594.911.22.79.23.0 - - - 38.510.3169.81,929 (University/RTP) Alternative** Village 106951,0451,740113.17.64.39.2 - - - - 16.5 - 150.75,010 Village 111,0051,3852,390306.710.09.435.010.0 - - - 51.466.5489.06,749 Plng. Area 12 - 3,5933,59394.427.912.96.0161.1 - - - 2.871.0376.19,288 Planning Area 18 - - - - - - - - - 215.8 - - - 215.8 - Planning Area 20 - - - - - - - 15.0 - - - 188.06.0209.0 - Open Space++ - - - - - - - - - - - 2,729.4 - 2,729.4 - SR-125 - - - - - - - - - - - - 182.0182.0 - Public - - - - - - - - - - - 19.6 - 19.6 - Arterial - - - - - - - - - - - - 69.169.1 - Total:10,85623,75534,6113,201.6253.7116.6230.5201.68.3423.9267.74,052.5692.79,44999,336 + Commercial development may occur vertically or horizontally within Village 2 (up to 130,000 square feet), Village 3 (20,000 square feet), Village 8 East (20,000 square feet); therefore, actual acreage within each land use will be determined at final map. * 1,800,000 square feet of commercial may occur vertically or horizontally within Village 8 West and Village 9; therefore, actual acreage within each land use will be determined at final map. ** Portion of Planning Area 10 has a primary land use designation of University and a secondary land use of urban village (residential). The secondary land use is not included in the total. *** Commercial included as component of residential acreage. **** 11.6 acre SDG&E substation. ++ Open Space includes open space preserve, undevelopable land, streets, and right-of-way. Village Nine Dwelling UnitsAcreage Approx. Use Open Pop. SFMFTotalDensRes.Park***CPFSch.**C'ml.Uni.Art.Total Sp. LMV1051053.728.14.732.8350 M16116110.615.22.918.1536 EUC1,9121,91239.648.33.6*51.94,933 TC1,0301,03023.344.31.52.37.9*56.02,657 MU79279219.141.514.82.711.9*70.92,043 + 41.341.3 UNIVERSITY OTHER6.826.132.9 TOTAL2663,7344,00022.6177.427.55.019.8*41.36.826.1303.910,519 *1,500,000 square feet of commercial may occur vertically or horizontally; therefore, actual acreage within each land use will be determined at final map. **School sites occur in the TC and MU land use. If any school site is not pursued by the school district, the site will revert to Mixed Use or Town Center. *** Part of park acreage requirements have been allocated to community parks. Actual park size to be determined at the SPA level. Park acreage based on ratio of 3.0 acres per 1000 persons. Village Nine Dwelling UnitsAcreage Approx. Use Open Pop. SFMFTotalDensRes.Park***CPFSch.**C'ml.Ind.Art.Total Sp. LMV1051053.728.14.732.8350 M16116110.615.22.918.1536 EUC1,9121,91239.648.33.6*51.94,933 TC1,0301,03023.344.31.52.37.9*56.02,657 MU79279219.141.514.82.711.9*70.92,043 OTHER6.826.132.9 TOTAL2663,7344,00022.6177.427.55.019.8*6.826.1262.610,519 *1,500,000 square feet of commercial may occur vertically or horizontally; therefore, actual acreage within each land use will be determined at final map. **School sites occur in the TC and MU land use. If any school site is not pursued by the school district, the site will revert to Mixed Use or Town Center. *** Part of park acreage requirements have been allocated to community parks. Actual park size to be determined at the SPA level. Park acreage based on ratio of 3.0 acres per 1000 persons. Planning Area 10 (University/RTP)* Acreage Dwelling Units Approx. Use Open Pop. SFMFTotalDensRes.ParkCPFSch.C'ml.Ind.Uni.Art.Total Sp. RTP85.085.0 UNIVERSITY226.4226.4 PUBLIC/QUASI 11.611.6 PUBLIC TOTAL85.0238.0323.0 *Portion of Planning Area 10 has a primary land use designation of University, as depicted in this table, and a secondary land use designation of urban village (residential) as depicted in the next table. Planning Area 10 (University/RTP)* Dwelling UnitsAcreage Approx. Use Open Pop. SFMFTotalDensRes.ParkCPFSch.C'ml.Ind.Uni.Art.Total Sp. RTP85.085.0 UNIVERSITY267.7267.7 PUBLIC/QUASI 11.6**11.6 PUBLIC TOTAL11.685.0267.7364.3 *Portion of Planning Area 10 has a primary land use designation of University, as depicted in this table, and a secondary land use designation of urban village (residential) as depicted in the next table. **11.6 acre SDG&E substation. Portion of Planning Area 10 (University/RTP) Alternative* Dwelling UnitsAcreage Approx. ++ Use Open + Pop. SFMFTotalDensRes.Park**Sch.C'ml.Ind.Art.Total CPF Sp. L30302.014.914.996 LMV2652654.955.455.4847 M64649.07.17.1206 MU4.32.73.09.9 MH30630617.517.59.226.7780 CP7.07.0 OTHER38.510.348.8 TOTAL3593066657.094.911.22.79.23.038.510.3169.81,929 *Portion of University has a secondary land use designation of residential as depicted in this table. **Actual park size to be determined at the SPA level. Park acreage based on ratio of 3.0 acres per 1000 persons. + Actual CPF acreage to be determined at the SPA level; CPF acreage based on ratio of 1.39 acres per 1000 persons. ++ Estimates land use figures based on the ownership percentage of the Village. Chapter 2, Section B, Birch Road Otay Valley Road Hunte Parkway First intersection ATTACHMENT 3 UNIVERSITY h4`40VA 0`4 )113T���flc 1 1 Site, LltfkzatiaI°°'II, IIIAy I IraI`Isect Figure 313:Site Utilization Plan By Transect and Table 3A:Site Utilization Development Summary implement the form-based development plan contemplated by the GDP; and establish the maximum development utilization by Transect. The U I District is strategically designed to focus urban development within the T-6 through T-2 Transects,allowing for development flexibility at low intensities in the T-1 Transects,SD Lake Blocks,and 0-2 and 0-3 Open Space Sectors. Development square footage, land use percentage, and specific building locations may be altered or transferred between Transects pursuant to Chapter 10: Administration & Implementation of this SPA Plan. A'3 A U 'K A 0 NJ V 0 M NJ S l J IM IM A RY T-6: District Gateway 20.0 2.0 2,098,000 T-5: Urban Core 25.3 2.5 2,757,70012) T-4:Town Center 33.6 2.0 2,929,900 T-3: Campus Commons 29.0 1.3 1,642,400 T-2: Campus Vista 26.4 0.5 575,600 T-1: Future Development(3) 99.8 0.2 0(3) SD: Lake Blocks 5.2 0.2 47,600 0-3: Pedestrian Walk 14.5 0.0 0 (4) 0-2:Common Open Space 39.5 0.0 15,000 EV=ce 41.1 0.0 0 ROW 49.3 0.0 U I District Total 383.8 -- 10,066,200 M (1)Gross Square Footage(GSF)excludes area dedicated to parking and parking structures;see Table 3M:Land Use Ratios for gross square footage limitations by land use category. (2)The Signature Tower has a maximum GSF assigned and does not have a FAR. (3)Development is encouraged to be focused in Transects T-2 through T-6;a maximum of 10%of the total developed GSF within the other transects may be permitted here subject to§3.4.7.T-1:Future Development. (4)Up to 15,000 GSF is permitted in the Common Open Space for pavilions. 3i""'4, PLANNING COMMISSION DRAFT JULY 2018 ATTACHMENT 4 , 14....1114:: ....14;:IG: 3: „, 14;: 14;:IL... 14: IIT14;:II II .. Village 4 ✓tr F I}t a re SDG&E �U�78ti9tIC9l"I ��,.. �w r H SA All, Fp s w r r � nc% ,�k ? 4�tt� ,✓r �� C;1� ,�f'. .,`r” Preserve' ell, Si F Village 9 43 Village 10, t� � I Fk � � IIII etad O d " jl1 u` Lower Lake �I Otay Prope M. II � Lake. ` Legend Preserve Edge .� . PropemV LPne Q, Pedestrian Bridge P Nanned SRT Sta�p . .....................................„ ..,,,..... m............. ,,..... ,.,,,,n.,,,.n.n. Transects Sectors T District Gatcway r11i1 7-2:Campus Vistas 0 3Ptdcmrki n Milk LW T-S:Urban Core T-1:IFiwWre Develluprnernt 0-2 Csaurumor7 Open Space Plil��UllU1�Ul� T-4:Twi r Center SDLiike Blick, mm 0-1:Open Space 2501 500 1000 200jq° T-S.Caranpsrus Cuurnr om, C f,r 0 SID:Fpea Gveo lav G�.JII III..... 3:3- SII"I"III..... IIIIIL....II'KII110 1” ''t IL.AN :3)( �IIRAN SII..... PLANNING COMMISSION DRAFT I JULY 2018 3"""'5 ATTACHMENT 5 UNIVERSITY Il l4` . 0` II:::: 113Tr:flc..�... 414 � ���,,, uuu iii 11111 Illllllllllii 111111 I �u�` �;,����,� VIII II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uMhu'iiil uo "" Maximum FAR 2.0 Maximum 2,098,000 GS F Development wk Minimum:42 feet Building Height Maximum: 92 feet Required Common Open None Space S, Nbbt Hunte Walk 0 feet building Build-To Line 55 feet parking 3.4. .2. ""'III'°°6: District to Orion Avenue Streetwall 0 feet building; T-6 provides a strong urban edge for the I District, announcing this is a unique place for Frontage 10 feet parking people to work, learn, and live. Buildings are steback from Eastlake Parkway to create a Local Street striking entry to the I District. Frontage No requirement A. CSlil, urm IIIurmfCurmf To be setback 50 Block 6B feet from Eastlake T-6 is a major gateway to the Ul District, providing the visual and physical entry from Parkway. Eastlake Parkway and Hunte Parkway/Main Street. Buildings are sited to have a strong, No FAR; Max SF:500,000 SF active architectural presence along the street, providing clarity to the Ul District edge andBlock 6C Minimum Height: 20 feet strong visual cues illustrating the innovative mixed-use character. Active ground floor uses Height: 250 are sited along the Hunte Walk adjacent to Hunte Parkway. Parking structures are screened Feet or configured below grade. To be setback 20 Block 6D feet from Eastlake Parkway. . t.�lilllltfiri, III"" irirn & Ilh°°leigl lht See§3.4.9.SD: SD: Flex Overlay Flex Overlay Building form is urban in size and scale establishing a Streetwall Frontage of 3 stories minimum along the Build-To line. Block 6C accommodates a"signature tower"that will play a significant place aking/gateway role for the Ul District.This site is a significant pivot point and is highly visible from Eastlake and Hunte Parkways. This tower occupies a strategic seam between several transects and anchors a key public space network with a major plaza opening onto Eastlake Parkway. C. StireetscaIpe & III'edes'flu'mliair'm III° ealhu° Streetscapes are urban and comfortable.The Hunte Walk adjacent to Hunte Parkway provides 20 feet of open space in support of multi-modal activities. Formal street trees provide shade while planting and other streetscape features create a formal arrival statement. Signalized entry points along Hunte Parkway provide convenient access to parking facilities. Eastlake Parkway is activated by a formal entrance statement with median and formal street trees. 3"""' PLANNING COMMISSION DRAFT I JULY 2018 14....11 II' "'""'II';:IG:° 3: L.„ II';: II';:IL... II': II II';:II II .. '. K- 1Z� "0 ; 3A l 5D 5C 41 , �' FA , 5B 41 5 `�� d , 0 4B N � . 250' 500' 1000' 2000' Development Standards& Key Features a_ 5treetwall rrrsntagr+ ..,.Md No Setback(unqaurrolrabelrt T Plararaeri BR(Strrpv airaea 5treetwaGl/BmnOdil g Wavullun Feature � Pedestrian Brudge Sepaaratparu Preserve Edge rw pm Build-To Une Property tine Sculpted Buildng IEdp r w e Transects S"tors i T•h l Distirnct Caatevuru j���� -_2;Campus Vistas 0-1 Wer9eWHprmaml mhCalk -"g ran Core 1 ruture,f2 v 6aWl uat� OP v CorArom on OpenSpace T"4} Town Cente1 5D.Lake BI(.s.ka 0-1.CtpenSpace Key Map T-3.CamplusCommdrn5, ,1,FlI SD:Flex Overlay II G i.J II'/III..... ..'w G ..'II S""II""II'/II C l G A""II""III.....WAY ' III.....G i.J IL. ""II""II IIN G : IL.A IN PLANNING COMMISSION DRAFT I JULY 2018 ""' ATTACHMENT 6 �� ������� ��: ���\/��0 1 E. �)air�dirig Lots Commercial parking lots and park-and-ride facilities are permitted as discussed in§4.5.3. Potential Parking Locations&Phasing. These parking facilities are not part of the square footage allocation shown on Table 3M: Land Use Ratios. �ABLE3 N R M []GEG Land Use Type A:Academic(Higher Learning) Active& Passive Common Public or private plazas,courtyards, 1 Open Space P P P sports fields or courts,Common Open Space,trails,etc. Activity Offices Horticulture nurseries,greenhouses, Educational Production of raising/harvesting of crops,aquaculture, 3 Crops(Research&Small Scale P P agricultural processing,on-site sales, Production) keeping of small animals(no meat Publishing Indoor or outdoor library, museum, 5 Cultural Facilities P P P P theater,arboretum,art gallery,archives, interpretive centers,etc. All academic classroom, instructional, Educational, Instructional, lecture hall,lab or research facilities 6 Studio,or Lab Rooms P P P including Multi-institutional Teaching Center(MITC)from GDP/SRP University policies(pg 11-55) Fields/courts/pools, locker rooms, 8 Sports& Fitness Facilities, P P CUP pools, instructional studios,gyms, Active or Support administration offices,conditioning and gym areas; excludes stadiums. 9 Stadium CUP CUP CUP 10 Student,Staff,& Faculty P P Food services, medical, maintenance/ Services P storage,etc. Land Use Type 0: On-Site Living 12 Dormitories P P Legend: P=Permitted;Z&=Zoning Administrative Conditional Use Permit;CUP=Conditional Use Permit(will require apublic heahng); T=Temporary Use Permit; =Not Permitted All development subject LuDesign Review(Chapter 1O.8.1). Minor Design Review permits require Zoning Administrative approval and Major Design Review permits require public hearing approval by the Planning Commission. 4, UNIVERSITY Il l4` 0`4 )113Tr:flc 13 Graduate, Faculty&Staff P ZA CUP Residences Social or Fraternal Minimum 2,000 foot separation from 14 Organizations P P any Primary or Secondary education I I I facility Land Use Type C: Business Innovation (Technology) 15 Business, Executive,& P P CUP All office users,financial institutions& Professional Offices large or small independent office 16 Corporate&Regional P P P Larger than 100,000 SF. Headquarters 17 Exhibit Halls&Convention P P P Facilities "High quality science,advanced 18 High-Tech Research & P P P technology&manufacturing"; research, Developmental development,experimental,film, electronic or testing 19 Hospitals, Emergency Rooms P P P 20 Industry Incubator Space P P P 21 Light Industrial) an ufactu ring P ZA CUP Limited Supporting Encouraged to locate in Village 9 Town 22 Convenience&Professional ZA ZA Center or EC per GDP/SRP Offices 23 Medical, Dental,& Health P P ZA Practitioners 24 Medical Clinics, Urgent Care, P P CUP Treatment Facilities 25 Shared Workspaces P P ZA Legend: P=Permitted;ZA=Zoning Administrative Conditional Use Permit;CUP=Conditional Use Permit(will require a public hearing); T=Temporary Use Permit;--=Not Permitted All development subject to Design Review(Chapter 10.8.1). Minor Design Review permits require Zoning Administrative approval and Major Design Review permits require public hearing approval by the Planning Commission. 3i""'4,6 PLANNING COMMISSION DRAFT I JULY 2018 �� ��� ��: ���\/������, I Land Use Type D: K4arhg Rate Residential 26 Live/Work and Shopkeeper P Minimum 3-story building height;residential Units prohibited on the ground floor. 27 Attached or Detached For-Sale CUP CUP or For-Lease Units Land Use Type E: Other Uses 28 Assembly P Amusement,entertainment, religious assembly, movie theater,dancing,etc. 29 Child Care Centers ZA ZA CUP 30 Facility-Based Child Care ZA ZA CUP 31 Family Day Care Homes P Limited to market rate residential units 33 Eating& Drinking P AZ CUP Establishments 34 Education, Primary or P P P Secondary 36 Hotel/Motel P P CUP Fitness,spa,salon/barbershop,dry 37 Personal Services P P CUP cleaner,other similar retail service provider 39 Sundries, Pharmaceuticals,& P ZA CUP Convenience Sales 40 Wearing Apparel& P Accessories 41 Wireless Telecommunication Subject to CVMC 19.89 Facilities Temporary Uses 42 Certified Farmer's Market T CVMC§ 19.58.148 43 Mobile Food Trucks/Services T CVMC§8.2 44 Special Events T As described in this SPA. 45 Education Production of Crops T As described in this SPA. Legend: P=Permitted;ZA=Zoning Administrative Conditional Use Permit;CUP=Conditional Use Permit(will require apublic heahng); T=Temporary Use Permit; =Not Permitted All development subject LuDesign Review(Chapter 1O.8.1). Minor Design Review permits require Zoning Administrative approval and Major Design Review permits require public hearing approval by the Planning Commission. ATTACHMENT 7 HIM INN lima on i villaie 11 10 to, ,� ru��re srar�r inh�LaLla7ir: iRlll � 2A r ]aTF ' + Ma b �s;er�K-1 r �+ 29 �r A00'� ^ � � 3A r, r� „+> 6B Otav Ranch m In 3' Pfoseirve rF��rope , r < r�e y r a ' i� �•"� me C} a(�r 1�' 1a °Y � r did 1 Y PoN'ds/,� � r Village t�a'r did w `" 001 Villiage NoOrm f ,yy �TDk Lake Otay �, sGrx eO t Lake Legend IRetiunaOTrtrc'iY [..11 4)3 R".ula r'61.uidlt wht,tlk WMEW villageNeiYtvu�y0�" trd r,11;vroi ��� U (onG llrcatr°akir= $p'Ace r ��lk�� p tH a ��rrrr Ca7rr Sall:C.r ekStwrrIr°Iturr:nrpa¢uuf =�� (•irr a'°t.�all Tra,1 F�°rrN�aersewr RJdil'fi'a-6ll avrlr>i �. P>,I ar d BBT STop .... ST011111M Prctpf.s,'Ronal TgOU'vw) Prcm,cl araeNu ASeTr,arkquarca !' ..d Poor itiarc Y5ocpti1Q5J'vareLouaPaor, N "^ 'r,= Piece.Lg 69 N U&B'kgL:e C01) aPedozTr arcs M,Idaaer 250' 500' kDDV II IIII 200(0 �q µ, gg W,� W +m y',+�'•�'•^^Prrdpl�l+eI11WII''L,1') gg ,,. Q�vY i�.�d""�a':���� 4 ,,.w '4 9 ...,� ':��� ..��,k':��� ..�':���,✓ R I A I Q;°„, �,3 I ti,.,�II ti,.,�..�':���� N,,,,,,,II R ti,.,�9�.�J I.�.1�'L I ..�,k..�A PLANNING COMMISSION DRAFT I JULY 2018 4"""'13 ATTACHMENT 8 UNIVERSITY Il l4` . 0` II:::: 113Tr:flc..�... �AIIII II uw ILII ILII SII IIIIAII WN II All DAIIR D� II ,, VIII III lul III uu�uuuuuuu uuuuuplfgl, uuuu piiuuuuuuuuuuuuugllpuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu T„. Width 20 feet Minimum Plaza; Mobility Services; Bike- / Programming Share Facility Width � h 50 feet � r � //i ///%/iii/�% ip% 611Ji, for%�/,i Minimum Plaza; Mobility , rSerVICeS; Bike- ` /i/ /jl/Il „i ' ` j Programming vet PCOshare Facility Santiago Canyon College II11 ullull11191111 1111111116,11 11 116 111 111111111 11 111 1111 3.4. .��������0. °°°,: III)ede5"j";III"�III IIIn IIIIIIks Width 50 feet The 0-3 Sector establishes a system of highly compelling, public realm spaces Minimum Seating/study Programming configurations created by highly interconnected squares,plazas,common open spaces,and natural 1pl 1 ulullulW ulu landscapes tied together by a network of complete streetscapes and boulevards.These Building are spaces between buildings and beyond the streets where the built environment Separation 200 feet interacts with unique spaces to create a campus feel. Recreational amenities for Demonstration Minimum Project Space; the Ul District are provided in these Pedestrian Walks in an unconventional and Programming Picnic space; Art uniquely urban manner. ul ululll„II_ uuluuW 11111 A. Desigiri Illlu°'m'fClu°'mf Building 160 to 220 feet Separation Pedestrian walks are areas that have wide views,to open landscape or views down Minimum Picnic space; key district corridors. Space that has a character associated with it. Internal retail Programming Art experience,walk with character related experience. I. Il luuinte Wall ll. T-6 buildings will line the southern edge of Hunte Walk with any parking structures screened from view. Hunte Walk provides support for multi-modal activities and connects with the City's Regional Trail.Buildings facing Hunte Parkway have a strong presence on the street showing mixed use education innovation excitement and clarity on the edge. It becomes the visual entry to the District and the"buzz”in this area. ® Build on the educational piece of High Tech K-12. ® Continue City bike and pedestrian linkages onto the site. ® Provide an alternate mode opportunity gateway signage that shows many different routes to"final destination points.” ""' ° ' PLANNING COMMISSION DRAFT I JULY 2018 14....11 II' "'""'II';:IG:° 3: L.„ II';: II';:IL... II': II II';:II II .. Future SDG&E Village t �000" ss u Y� cY, -12' " 28 Y�I � � � � kCu2� 02 rr 3F 6F 3C a s 4 4 se ` 0, Ic a, " - Otay Ranch oed/ ,�' se M lWin- Preserve a2� i" arnpus SB "h�s1 02C 1 ropOrty 4' IIII( -J, 02D ° 4tr 026 4 iVillage 9 � r ' ' Village 1 N 2$V300' 1000, 200tt' W Development Standards& Key Features a_ Strr.,atW all Frontage No Setbacw Fewrauraent Planned BPTstopu voivane Streetwvall/Bui lin Pavdi )reatur f�edes��triam Bn ud, e Separation - Preserve Edge cru t»wm7urrr�r�irrt Pvux l Ad,l.0 t.urtie Propeut'P Lkie mmm Sculpted Bei idling Edge T Sectors �Dist ict Gateway r 1 Campus Vstag 0-3:3Ppdesti-WaMIR - T Urban 7,4 IFuuture ftevq,ropnient 0 t'cm munra Open 5laeu.e T•d Town Canter 5D tale�Iu Yes D 1,o eiiSpa1Le Key Map 1 T•3:Caripuu5 Crrrnmom /iw SDt nex OvL Iay IG�.JIIIII..... ; L..w0 3 G�.JIL.... ""II""IIII" Q 'rIL.... II" PLANNING COMMISSION DRAFT I JULY 2018 325 ATTACHMENT 9 � � � � �� ���T�� ��: y�.��^���AT���`4 r �A 4 Transit stop locations and design are based unthe following principles: ° Locate transit stops where there are anumber ufmajor pedestrian generators. ° Locate transit stops and pedestrian walkways tuprovide access while respecting the privacy ufresidential areas. ° At the intersection of two or more transit routes, locate bus stops to minimize walking distance between transfer stations. ° Locate bus stops on the far side of the intersections to avoid conflicts between transit vehicles and automobile traffic, permitting right-turning vehicles to continue turning movements,or provide a queue jumper phase. ° Transit stops should be provided with adequate walkway lighting and well designated shelters. ° All transit stations,stops and walkways must comply with applicable ADA standards and City Standards. otay East H St ID 125 District 01 Main St. Not to Scale Legend Transit Routes �|�U�E ��^ �LAN NE� TRANG|T Freevvoy/�/|| Rood ^ ------ Existing Roadway ----~^ Proposed Roadway Proposed Transit Route Along Existing Roadway ~~�-- Proposed Transit Route Along Proposed Roadway orexclusive 8RT ROW ProposedStop/Stotion ���� Proposed Stop with Park and Ride RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR-14-001/SCH 2014121097); MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM 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 (CHAPTER 3 DEVELOPMENT CODE) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Chula Vista is processing applications requesting approval of the University and Innovation District Sectional Planning Area (SPA) plan (Project); and approval of Otay Ranch General Development Plan Amendments; and WHEREAS, a Notice of Preparation for Final Environmental Impact Report (FEIR-14- 001) was circulated on December 19, 2014, pursuant to California Environmental Quality act (CEQA) Guidelines Section 15082; and WHEREAS, an Environmental Impact Report (EIR) scoping meeting was held on January 7, 2015; and WHEREAS, a Draft EIR (Draft EIR or DEIR 14-001) for the project was issued for a 45 day public review period on February 26, 2018, and was processed through the State Clearinghouse; and WHEREAS, in consideration of the comments received on the Draft EIR and requirements of the CEQA, FEIR-14-001 was prepared for the Project; and WHEREAS, FEIR 14-001 incorporates all comments and recommendations received on the Draft EIR, a list of all persons, organizations, and public agencies commenting on the Draft agency comments submitted during the review and consultation process, in accordance with CEQA Guidelines Section 15132; and WHEREAS, revisions to FEIR 14-001 did not result in modifications to conclusions regarding significance of impacts or the addition of significant new information that would require recirculation of the EIR pursuant to CEQA Guidelines section 15088.5; and 1 WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for FEIR 14-001 and voted ______ to approve a resolution recommending the City Council make certain Findings of Fact; adopt a Statement of Overriding Considerations; adopt a Mitigation Monitoring and Reporting Program and certify FEIR 14-001 for the Project pursuant to CEQA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby finds, determines and orders as follows: I. PLANNING COMMISSION AND CITY COUNCIL RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project and FEIR 14-001 and before the City Council at their public hearing on the Project and FEIR 14-001, as well as the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6. These documents, along with any documents submitted to the Planning Commission and City Council, including documents specified in Public Resources Code Section 21167.6, subdivision (e), shall comprise the entire record of proceedings for any claims under the CEQA (Public Resources Code §21000 et seq.) The record of proceedings shall be maintained by the City Clerk at City Hall. II. FEIR-14-001 CONTENTS That FEIR-14-001 consists of the following: 1. EIR for the Project 2. Comments received during public review and responses 3. Mitigation Monitoring and Reporting Program 4. Technical Appendices nal EIR 14-001 -) III. ACCOMPANYING DOCUMENT TO FEIR 14-001 1. Findings of Fact and Statement of Overriding Considerations IV. PRESENTATION TO THE DECISION MAKING BODY That FEIR 14-001 was presented to the City Council as the decision-making body of the Lead Agency and that the City Council has reviewed and considered the information contained in FEIR 14-001 prior to approving the Project. V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT That the FEIR 14-001, the Findings of Fact and the Statement of Overriding 1 the City Clerk), and the Mitigation Monitoring and Reporting Program are prepared in 2 accordance with the requirements of the CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. VI. INDEPENDENT JUDGMENT OF CITY COUNCIL That the City Council utilized its independent judgment and analysis in reviewing FEIR 14-001 for the City as Lead Agency for the Project. VII. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact That the City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in Exhibit 1 Clerk. B. Mitigation Measures Feasible and Adopted That o1 more fully identified and set forth in FEIR 14-001, the City Council hereby finds pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effects identified in FEIR 14-001, and that such changes and alterations have eliminated or substantially lessened all significant effects on the environment where feasible as 1 that the measures to mitigate or avoid significant effects on the environment, consisting of those mitigation measures set forth in FEIR 14-001 and in Exhibit 1 agreements or other measures, including but not limited to conditions of approval of the Project, and will become binding upon the entity (such as the Project proponent or the City) assigned thereby to implement the same. C. Infeasibility of Mitigation Measures As more fully identified and set forth in FEIR 14-001 and in the Findings of Fact 1 measures described in said documents are infeasible. D. Statement of Overriding Considerations That even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects 3 caused by the Project, or cumulatively, will remain. However, pursuant to CEQA Guidelines Section 15092, the City Council hereby finds and determines that any remaining significant effects on the environment which have been found to be 1 are acceptable due to certain overriding considerations. Therefore, the City Council of the City of Chula Vista hereby approves, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form 1specific economic, legal, social, technological or other considerations that outweigh and render the unavoidable significant adverse environmental effects acceptable. E. Infeasibility of Alternatives As more fully identified and set forth in FEIR 14-001 and in Exhi1 Resolution, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the Project, which were identified in FEIR 14-001, were not found to reduce impacts to a less than significant level or meet the Project objectives. F. Adoption of Mitigation Monitoring and Reporting Program As required by Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City Council hereby adopts the program for reporting on or monitoring the changes which it has either required in the Project or made a condition of approval to avoid or substantially lessen significant environmental effects, consisting of the Mitigation Monitoring and Reporting Program set forth in FEIR 14-001. The City Council further finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during Project implementation, the permittee/Project applicant and any other responsible parties implement the Project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. G. Findings are Binding and not Merely Advisory That to the extent that the Findings of Fact and Statement of Overriding Consideratio proposed mitigation measures outlined in FEIR 14-001 are feasible and have not been modified, superseded or withdrawn, the City Council herby binds itself and the applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into effect when the City Council adopts the Resolution approving the Project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program Section of FEIR 14-001 are also expressed as conditions of approval for the Project. Other requirements are referenced in the Mitigation Monitoring and Reporting Program that are adopted 4 concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. VIII. NOTICE OF DETERMINATION That the Development Services Director of the City of Chula Vista is directed to file a Notice of Determination with the County Clerk of the County of San Diego, should the City Council approve this Project in accordance with CEQA Guidelines section 15094. BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista on the basis of the findings as set forth above certifies FEIR 14-001, and adopts the Findings of Fact and Statement of Overriding Considerations 1, and Mitigation Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15091. Submitted by: Approved as to form by: _________________________ __________________________ Kelly Broughton, FASLA Glen R. Googins Director of Development Services City Attorney Exhibit 1 - Findings of Fact and Statement of Overriding Considerations 5 ATTACHMENT x RESOLUTION NO. 2018- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN TO REFLECT LAND USE AND POLICY CHANGES FOR APPROXIMATELY 353 ACRES WITHIN THE OTAY RANCH PLANNED COMMUNITY, INCLUDING ASSOCIATED TEXT, MAPS AND TABLES I RECITALS A. Project Site WHEREAS, the areas of land which are the subject of this Resolution contain all lands within the boundaries of Exhibit 1 attached hereto and incorporated herein by this reference, and include approximately 353 acres of land generally located south of the intersection of Eastlake Parkway and Hunte Parkway and north of the Otay River Valley (Project Site); and B. Project; Application for Discretionary Approvals WHEREAS, in 2014, the City initiated an Otay Ranch General Development Plan Amendment (GDPA) for the University Innovation District (the ; and WHEREAS, the proposed GDPA involves amending portions of Part II of the Otay Ranch General Development Plan (GDP), including associated text, maps and tables; and WHEREAS, the proposed GDPA is Proposed Otay Ranch General Development Plan Amendments University Innovation District as represented in Exhibit 2 attached hereto and incorporated herein by this reference; and C. Prior Discretionary Approvals WHEREAS, the Otay Ranch GDP was approved on October 23, 1993, and most recently updated on May 15, 2018; and WHEREAS, the GDPA as presented is necessary to accommodate the land uses anticipated in the proposed Project; and WHEREAS, the GDPA was designed to address and accommodate development of a University and Regional Technology Park; and WHEREAS, approval of the Project would require the approval of a new Sectional Planning Area (SPA) Plan for the University Innovation District; and Resolution 2018 - _______ Page 2 of 6 D. Planning Commission Record of Application WHEREAS, pursuant to California Government Code section 65090, the Planning Commission held a duly noticed public hearing on the GDPA; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project and the Minutes and Resolution resulting therefrom, are hereby incorporated into the record subsequent to these proceedings; and WHEREAS, the Planning Commission voted x-x-x to forward a recommendation to the City Council on the Project; and E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the GDPA 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, pursuant to California Government Code section 65090, the City Council held a duly noticed public hearing on the subject GDPA. NOW, THEREFORE, BE IT RESOLVED by the City Council that it hereby finds and determines as follows: II. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined, in light of the whole record before the City, that the proposed Project may have a significant effect on the environment; therefore, the Development Services Director has caused the preparation of an Environmental Impact Report, EIR 14-001. That the City Council reviewed, analyzed, considered, approved and certified Final EIR 14- 001 (FEIR 14-001), made certain Findings of Fact, adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the GDPA and new SPA Plan, pursuant to CEQA. IV. GENERAL DEVELOPMENT PLAN INTERNAL CONSISTENCY That the GDP, as amended, is internally consistent and shall remain internally consistent following amendment thereof by this Resolution. V. ADOPTION OF GENERAL DEVELOPMENT PLAN AMENDMENT Resolution 2018 - _______ Page 3 of 6 That in light of the findings above, the GDPA provisions are hereby approved and adopted in the form as presented in Exhibit 2 (Proposed Otay Ranch General Development Plan Amendments University Innovation District) and incorporated herein by this reference and on file in the City Clerk's office. Presented by: Approved as to form by: _____________________ ____________________ Kelly Broughton, FASLA Glen R. Googins Director of Development Services City Attorney Resolution 2018 - _______ Page 4 of 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this ____ day of ____________, 20____, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: _______________________ Mary Casillas Salas, Mayor ATTEST: ___________________________ Kelly K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kelly K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. ________ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the ____ day of ____________, 20____. Executed this ____ day of ____________, 20____. __________________________ Kelly K. Bigelow, City Clerk Resolution 2018 - _______ Page 5 of 6 EXHIBIT 1 SITE LOCATION MAP Resolution 2018 - _______ Page 6 of 6 EXHIBIT 2 RESOLUTION NO. EIR-14-001 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THE CITY COUNCIL MAKE CERTAIN FINDINGS OF FACT; ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM AND CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR-14-001; SCH NO. 2014121097) FOR AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENT AND ADOPTION OF THE UNIVERSITY INNOVATION DISTRICT SECTIONAL PLANNING AREA PLAN INCLUDING PLANNED COMMUNITY DISTRICT REGULATIONS (CHAPTER 3 DEVELOPMENT CODE) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Chula Vista submitted an application requesting approvals for an Otay Ranch General Development Plan Amendment (GDPA) and a Sectional Planning Area (SPA) Plan, for the University Innovation District (Project); and WHEREAS, a Draft Environmental Impact Report (Draft EIR-14-001 or Draft EIR) for the Project was issued for public review on February 26, 2018, and was processed through the State Clearinghouse; and WHEREAS, in consideration of the comments received on the Draft EIR and requirements of the California Environmental Quality Act (CEQA), a Final EIR (Final EIR-14- 001 or Final EIR) was prepared for the Project; and WHEREAS, Final EIR-14-001 incorporates all comments and recommendations received on the Draft EIR, a list of all persons, organizations, and public agencies commenting on the Dy public and agency comments submitted during the review and consultation process, in accordance with CEQA Guidelines Section 15132; and WHEREAS, revisions to Final EIR-14-001 did not result in modifications to conclusions regarding significance of impacts or the addition of significant new information that would require recirculation of the EIR pursuant to CEQA Guidelines Section 15088.5; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for the Project, including Final EIR-14-001; and WHEREAS, to the extent that the Findings of Fact and Statement of Overriding Considerations for the Project 1 office of the City Clerk) conclude that proposed mitigation measures outlined in Final EIR-14- 001 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista, contingent upon certification of Final EIR-14-001 by the City Council, binds itself and the applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into PC Resolution EIR 14-001 Page 2 September 26, 2018 effect when the City adopts the Resolution approving the Project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program, which is a section of Final EIR-14-001, are also expressed as conditions of approval for the Project. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION of the City of Chula Vista does hereby find, determine and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project, including EIR-14-001, as well as the minutes and resolutions resulting therefrom, shall be incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6. These documents, along with any proceedings of and documents submitted to the City Council as the decision-makers in certifying Final EIR-14-001, shall comprise the entire record of proceedings for any claims under the CEQA (Public Resources Code §21000 et seq.). The record of proceedings shall be maintained by the City Clerk at City Hall. II. FINAL EIR-14-001 CONTENTS That Final EIR-14-001 consists of the following: 1. EIR for the University Innovation District SPA Plan 2. Comments received during public review and responses 3. Mitigation Monitoring and Reporting Program 4. Technical Appendices nal EIR-14-001 or FEIR 14-) III. ACCOMPANYING DOCUMENT TO FINAL EIR-14-001 1. Findings of Fact and Statement of Overriding Considerations IV. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does hereby find that Final EIR-14-001, the Findings of Fact and Statemen1 which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program are prepared in accordance with the requirements of the CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. PC Resolution EIR 14-001 Page 3 September 26, 2018 V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION That the Planning Commission finds that the Final EIR-14-001 reflects the independent judgment and analysis of the City of Chula Vista as the lead agency for the Project. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact That the City Council approve, accept as its own, incorporate as if set forth in full this Resolution, a copy of which is on file in the office of the City Clerk. B. Mitigation Measures Feasible and Adopted of the City Council EIR Resolution and as more fully identified and set forth in Final EIR-14-001, the Planning Commission hereby recommends that the City Council find pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effects identified in Final EIR- 14-001, and that such changes and alterations have eliminated or substantially lessened all significant effects on the environment where feasible as shown in the mitigate or avoid significant effects on the environment, consisting of those mitigation measures set forth in Final EIR-14-00of the City Council EIR Resolution, are fully enforceable through permit conditions, agreements or other measures, including but not limited to conditions of approval of the Project, and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. C. Infeasibility of Mitigation Measures As more fully identified and set forth in Final EIR-14-001 and in the Findings of measures described in said documents are infeasible. D. Statement of Overriding Considerations Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the Project, or cumulatively, will remain. However, pursuant to CEQA Guidelines Section 15092, the Planning Commission hereby recommends that the City Council find and determine that any remaining significant effects on the environment which have been found to be unavoidable as shown in the findings PC Resolution EIR 14-001 Page 4 September 26, 2018 eptable due to certain overriding considerations. Therefore, the Planning Commission hereby recommends that the City Council approve, pursuant to CEQA Guidelines Section 15093, a Statement to this Resolution identifying the specific economic, legal, social, technological or other considerations that outweigh and render the unavoidable significant adverse environmental effects acceptable. E. Infeasibility of Alternatives As more fully identified and set forth in Final EIR-14-0 this Resolution, the Planning Commission hereby recommends that the City Council find, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that alternatives to the Project, which were identified in Final EIR-14-001, were not found to reduce impacts to a less than significant level or meet the Project objectives. F. Adoption of Mitigation Monitoring and Reporting Program As required by Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the Planning Commission hereby recommends that the City Council adopt the program for reporting on or monitoring the changes which it has either required in the Project or made a condition of approval to avoid or substantially lessen significant environmental effects, consisting of the Mitigation Monitoring and Reporting Program set forth in Final EIR-14-001. The Planning Commission hereby further recommends that the City Council find that the Mitigation Monitoring and Reporting Program is designed to ensure that, during Project implementation, the permittee/Project applicant and any other responsible parties implement the Project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula Vista on the basis of its findings as set forth above, recommends that the City Council certify Final EIR-14-001 upon making the required findings pursuant to CEQA Guidelines Section 15090 and adopting the Findings of Fact and Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15091. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. Presented by: Approved as to form by: _________________________ _____________________ Kelly Broughton, FASLA Glen R. Googins Director of Development Services City Attorney PC Resolution EIR 14-001 Page 5 September 26, 2018 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th day of September 2018, by the following vote, to- wit: AYES: NOES: ABSENT: ABSTENTIONS: ________________________ Gabe Gutierrez Chairperson ____________________________ Patricia Laughlin, Secretary to Planning Commission PLANNING COMMISSION RESOLUTION NO. PCM 14-05 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL: 1) APPROVE THE OTAY RANCH GENERAL DEVELOPMENT PLAN AMENDMENT; AND 2) APPROVE THE UNIVERSITY INNOVATION DISTRICT SECTIONAL PLANNING AREA (SPA) PLAN (PCM-14-05) WHEREAS, the parcels of land which are the subject matter of this Resolution are A, and for the purpose of general description is located on two distinct parcels: the Main Campus parcel, south of the intersection of Eastlake Parkway and Hunte Parkway and north of the Otay River; and the Lake Parcel located just south of the Chula Vista Elite Athlete Training Center, west of Lower Otay Lake and east of Salt Creek (Project Site); and WHEREAS, duly verified applications were filed by the City of Chula Vista (Applicant) requesting amendments to the Otay Ranch General Development Plan (GDP) and adoption of a new University Innovation District Sectional Planning Area (SPA) Plan ; and WHEREAS, Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that there is substantial evidence, in light of the whole record before the City of Chula Vista, that the Project may have a significant effect on the environment; and therefore, the Director of Development Services has caused the preparation of an Environmental Impact Report, EIR 14-001; and WHEREAS, the Director of Development Services set the time and place for a Planning Commission hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project, took public testimony, h NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Chula Vista reviewing all of the subject documents, hereby recommends that the City Council adopt the attached Draft City Council Resolutions and Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula Vista that a copy of this Resolution and the draft City Council Resolutions and Ordinance be transmitted to the City Council. PC Resolution PCM14-05 September 26, 2018 Page 2 Presented by: Approved as to form by: ____________________________ ______________________________ Kelly Broughton, FSALA Glen R. Googins Director of Development Services City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 26th day of September 2018, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: ________________________ Gabe Gutierrez Chairperson ____________________________ Patricia Laughlin, Secretary to Planning Commission PC Resolution PCM14-05 September 26, 2018 Page 3 EXHIBIT A SITE LOCATION MAP Proposed Otay Ranch General Development Plan Amendments University Innovation District Part II, Chapter 1, Section C, Exhibit 17 Otay Ranch Land Use Designation Table Otay Ranch Land Use Designations * 45 du/ac is the appropriate gross density maximum for the Mixed Use designation in the Otay Ranch. Higher mixed use gross densities (45 60 du/ac) have been designated for the Eastern Urban Center (EUC). Exhibit 18a Existing Overall Project Summary Table Overall Project Summary Dwelling Units Acreage Approx. Parcel Total Pop. SF UnitsMF UnitsRes. Ac.Park Ac.CPF Ac.Sch Ac.C'ml. Ac.Office Ac.Ind. Ac.Uni. Ac.Open Sp.Art. Ac.Total Ac. Units Otay Valley Parcel10,85623,75534,6113,201.6253.7105.0230.5201.68.3423.9279.34,052.5692.79,44999,336 Proctor Valley 2,6311,5584,1891,885.412.517.110.0252.0 - - 5,656.761.37,89512,391 Parcel San Ysidro 779 - 7791,499.83.42.310.03.3 - - 4,036.2 - 5,5552,494 Mountains Parcel Total:14,26625,31339,5796,586.8269.6124.4250.5456.98.3423.9279.313,745.4754.022,899114,221 Overall Project Summary Table Exhibit 18a Proposed Overall Project Summary Table Overall Project Summary Dwelling UnitsAcreage Approx. Parcel Total Pop. SF UnitsMF UnitsRes. Ac.Park Ac.CPF Ac.Sch Ac.C'ml. Ac.Office Ac.Ind. Ac.Uni. Ac.Open Sp.Art. Ac.Total Ac. Units Otay Valley Parcel10,85623,75534,6113,201.6253.7116.6230.5201.68.3423.9267.74,052.5692.79,44999,336 Proctor Valley 2,6311,5584,1891,885.412.517.110.0252.0 - - 5,656.761.37,89512,391 Parcel San Ysidro 779 - 7791,499.83.42.310.03.3 - - 4,036.2 - 5,5552,494 Mountains Parcel Total:14,26625,31339,5796,586.8269.6136.0250.5456.98.3423.9267.713,745.4754.022,899114,221 Overall Project Summary Table The DU number reflects all residential development on the Otay Valley Parcel excluding the University/RTP site, however, a portion of Village Nine and Village Ten have a secondary land use designation of residential which are not included in the maximum DU. Otay Valley Parcel Dwelling UnitsAcreage Approx. Village Total Pop. SF UnitsMF UnitsRes. Ac.Park Ac.CPF Ac.Sch Ac.C'ml. Ac.Office Ac.Ind. Ac.Uni. Ac.Open Sp.Art. Ac.Total Ac. Units Village 12,4541,5223,976703.223.113.410.06.3 - - - 264.846.51,067.311,734 + Village 26043,9414,545346.024.012.619.8 - 82.5 - 226.363.5774.714,726 + Village 38807171,597149.58.14.38.38.340.6 - 129.519.8368.45,174 Village 417627745368.356.81.8 - - - - - 233.411.4371.81,296 Village 51,2631,5502,813370.716.611.310.02.0 - - - 70.415.4496.47,995 Village 69411,4972,438282.07.613.710.0*** - - - 22.058.3393.66,830 Village 71,0084481,456234.39.36.360.07.2 - - - 38.817.1373.04,369 Village 81,5644,0465,610356.035.210.042.4* + - - - 52.740.0536.315,646 Village 92663,7344,000177.427.55.019.8* - - 41.36.826.1303.910,519 Portion of University/Village 9 689316123.20.90.60.90.8 - - - 12.42.541.3454 (Alternative)** University/RTP - - - - - - - - - 85.0238.0 - - 323.0 - Village 106951,0451,740113.17.64.39.2 - - - - 16.5 - 150.75,010 Portion of University 29121350471.710.42.18.32.2 - - - 26.17.8128.61,475 (Alternative)**** Village 111,0051,3852,390306.710.09.435.010.0 - - - 51.466.5489.06,749 Plng. Area 12 - 3,5933,59394.427.912.96.0161.1 - - - 2.871.0376.19,288 Plng. Area 18 - - - - - - - - - 215.8 - - - 215.8 - Plng. Area 20 - - - - - - - 15.0 - - - 188.06.0209.0 - Open Space++ - - - - - - - - - - - 2,729.4 - 2,729.4 - SR-125 - - - - - - - - - - - - 182.0182.0 - Public - - - - - - - - - - - 19.6 - 19.6 - Arterial - - - - - - - - - - - - 69.169.1 - Total:10,85623,75534,6113,201.6253.7105.0230.5201.68.3423.9279.34,052.5692.79,44999,336 + Commercial development may occur vertically or horizontally within Village 2 (up to 130,000 square feet), Village 3 (20,000 square feet), Village 8 East (20,000 square feet); therefore, actual acreage within each land use will be determined at final map. * 1,800,000 square feet of commercial may occur vertically or horizontally within Village 8 West and Village 9; therefore, actual acreage within each land use will be determined at final map. ** Portion of University/Village 9 has a primary land use designation of University and a secondary land use of residential. The secondary land use is not included in the total. *** Commercial included as component of residential acreage. **** Portion of University has a primary land use designation of University and a secondary land use of residential. The secondary land use is not included in the total. ++ Open Space includes open space preserve, undevelopable land, streets, and right-of-way. Otay Valley Parcel Dwelling UnitsAcreage Approx. Village SF MF Total Park Sch C'ml. Office Ind. Uni. Open Art. Total Pop. Res. Ac.CPF Ac. UnitsUnitsUnitsAc.Ac.Ac.Ac.Ac.Ac.Sp.Ac.Ac. Village 12,4541,5223,976703.223.113.410.06.3 - - - 264.846.51,067.311,734 Village 26043,9414,545346.024.012.619.8 + - 82.5 - 226.363.5774.714,726 Village 38807171,597149.58.14.38.3 +8.340.6 - 129.519.8368.45,174 Village 417627745368.356.81.8 - - - - - 233.411.4371.81,296 Village 51,2631,5502,813370.716.611.310.02.0 - - - 70.415.4496.47,995 Village 69411,4972,438282.07.613.710.0*** - - - 22.058.3393.66,830 Village 71,0084481,456234.39.36.360.07.2 - - - 38.817.1373.04,369 Village 81,5644,0465,610356.035.210.042.4* + - - - 52.740.0536.315,646 Village 92663,7344,000177.427.55.019.8* - - 6.826.1262.610,519 Planning Area 10 - - - - - 11.6**** - - - 85.0267.7 - - 364.3 - (University/RTP) Portion of Planning Area 10 35930666594.911.22.79.23.0 - - - 38.510.3169.81,929 (University/RTP) Alternative** Village 106951,0451,740113.17.64.39.2 - - - - 16.5 - 150.75,010 Village 111,0051,3852,390306.710.09.435.010.0 - - - 51.466.5489.06,749 Plng. Area 12 - 3,5933,59394.427.912.96.0161.1 - - - 2.871.0376.19,288 Planning Area 18 - - - - - - - - - 215.8 - - - 215.8 - Planning Area 20 - - - - - - - 15.0 - - - 188.06.0209.0 - Open Space++ - - - - - - - - - - - 2,729.4 - 2,729.4 - SR-125 - - - - - - - - - - - - 182.0182.0 - Public - - - - - - - - - - - 19.6 - 19.6 - Arterial - - - - - - - - - - - - 69.169.1 - Total:10,85623,75534,6113,201.6253.7116.6230.5201.68.3423.9267.74,052.5692.79,44999,336 + Commercial development may occur vertically or horizontally within Village 2 (up to 130,000 square feet), Village 3 (20,000 square feet), Village 8 East (20,000 square feet); therefore, actual acreage within each land use will be determined at final map. * 1,800,000 square feet of commercial may occur vertically or horizontally within Village 8 West and Village 9; therefore, actual acreage within each land use will be determined at final map. ** Portion of Planning Area 10 has a primary land use designation of University and a secondary land use of urban village (residential). The secondary land use is not included in the total. *** Commercial included as component of residential acreage. **** 11.6 acre SDG&E substation. ++ Open Space includes open space preserve, undevelopable land, streets, and right-of-way. Village Nine Dwelling UnitsAcreage Approx. Use Open Pop. SFMFTotalDensRes.Park***CPFSch.**C'ml.Uni.Art.Total Sp. LMV1051053.728.14.732.8350 M16116110.615.22.918.1536 EUC1,9121,91239.648.33.6*51.94,933 TC1,0301,03023.344.31.52.37.9*56.02,657 MU79279219.141.514.82.711.9*70.92,043 + 41.341.3 UNIVERSITY OTHER6.826.132.9 TOTAL2663,7344,00022.6177.427.55.019.8*41.36.826.1303.910,519 *1,500,000 square feet of commercial may occur vertically or horizontally; therefore, actual acreage within each land use will be determined at final map. **School sites occur in the TC and MU land use. If any school site is not pursued by the school district, the site will revert to Mixed Use or Town Center. *** Part of park acreage requirements have been allocated to community parks. Actual park size to be determined at the SPA level. Park acreage based on ratio of 3.0 acres per 1000 persons. Village Nine Dwelling UnitsAcreage Approx. Use Open Pop. SFMFTotalDensRes.Park***CPFSch.**C'ml.Ind.Art.Total Sp. LMV1051053.728.14.732.8350 M16116110.615.22.918.1536 EUC1,9121,91239.648.33.6*51.94,933 TC1,0301,03023.344.31.52.37.9*56.02,657 MU79279219.141.514.82.711.9*70.92,043 OTHER6.826.132.9 TOTAL2663,7344,00022.6177.427.55.019.8*6.826.1262.610,519 *1,500,000 square feet of commercial may occur vertically or horizontally; therefore, actual acreage within each land use will be determined at final map. **School sites occur in the TC and MU land use. If any school site is not pursued by the school district, the site will revert to Mixed Use or Town Center. *** Part of park acreage requirements have been allocated to community parks. Actual park size to be determined at the SPA level. Park acreage based on ratio of 3.0 acres per 1000 persons. Planning Area 10 (University/RTP)* Acreage Dwelling Units Approx. Use Open Pop. SFMFTotalDensRes.ParkCPFSch.C'ml.Ind.Uni.Art.Total Sp. RTP85.085.0 UNIVERSITY226.4226.4 PUBLIC/QUASI 11.611.6 PUBLIC TOTAL85.0238.0323.0 *Portion of Planning Area 10 has a primary land use designation of University, as depicted in this table, and a secondary land use designation of urban village (residential) as depicted in the next table. Planning Area 10 (University/RTP)* Dwelling UnitsAcreage Approx. Use Open Pop. SFMFTotalDensRes.ParkCPFSch.C'ml.Ind.Uni.Art.Total Sp. RTP85.085.0 UNIVERSITY267.7267.7 PUBLIC/QUASI 11.6**11.6 PUBLIC TOTAL11.685.0267.7364.3 *Portion of Planning Area 10 has a primary land use designation of University, as depicted in this table, and a secondary land use designation of urban village (residential) as depicted in the next table. **11.6 acre SDG&E substation. Portion of Planning Area 10 (University/RTP) Alternative* Dwelling UnitsAcreage Approx. ++ Use Open + Pop. SFMFTotalDensRes.Park**Sch.C'ml.Ind.Art.Total CPF Sp. L30302.014.914.996 LMV2652654.955.455.4847 M64649.07.17.1206 MU4.32.73.09.9 MH30630617.517.59.226.7780 CP7.07.0 OTHER38.510.348.8 TOTAL3593066657.094.911.22.79.23.038.510.3169.81,929 *Portion of University has a secondary land use designation of residential as depicted in this table. **Actual park size to be determined at the SPA level. Park acreage based on ratio of 3.0 acres per 1000 persons. + Actual CPF acreage to be determined at the SPA level; CPF acreage based on ratio of 1.39 acres per 1000 persons. ++ Estimates land use figures based on the ownership percentage of the Village. Chapter 2, Section B, Birch Road Otay Valley Road Hunte Parkway First intersection