HomeMy WebLinkAboutDraft Minutes 09-26-2018
City of Chula Vista Boards & Commissions
Joint meeting of the
Chula Vista Planning Commission and the
Housing Advisory Commission
Milburn from meeting of September 12
MSC: Calvo/Milburn Vote 5-0-2 (Anaya; Zaker absent)
Resident spoke about land sold as a guest home, it was badly managed and no one
currently lives there. Had unqualified managers and now it is rented out to a program for
foster children. They pay a low rent, neighbors complained and the County stepped in.
need to qualify those people who stay there as to not causing problems. Business renting
homes for profit need to be controlled more so as not to ruin the residential areas, spend
needless money on City services.
PUBLIC HEARING CLOSED
COMMISSIONER DELIBERATIONS:
Housing Advisory Commission/Planning Commission concerns
Focus of ordinance before the Commissions is a more narrow focus
Other issues raised could be addressed in a different ordinance/resolution
Zoning is regulating land use only
Parking should not be applicable city-wide
Parking for large units (4 or 5-bedrooms)
MSC: Housing Commission:
Lisama/MacFarland
Vote: 5-0-0
MSC: Planning Commission
Gutierrez/Calvo with direction to look into additional language regarding parking for
larger units (4-5bedroom) when it is close to public transportation (consistent city-wide).
Vote: 5-0-0
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
Item: __2_____
Meeting Date:10/24/18
ITEM TITLE: Public Hearing: Consideration of Design Review (DR18-0008) for a
Business Park Master Site Plan within the Village 3 Master Planned
Community.
Resolution of the City of Chula Vista Planning Commission Approving
Design Review Permit DR18-0008 for the Escaya Business Park Master
Site Plan on 16.6 Net Acres within the Otay Ranch Village 3 Master
Planned Community. Applicant: HomeFed Village III Master, LLC.
SUBMITTED BY: Janice Kluth, AICP, Project Manager
REVIEWED BY: Kelly Broughton, Director of Development Services
INTRODUCTION
In accordance with the Village 3 North and a Portion of Village 4 (Village 3) Sectional Planning
Area (SPA) Plan, HomeFed Village III Master, LLC (Applicant), has submitted a Design Review
application for approval of the Business Park Master Site Plan project located at 3256 Heritage
Road (the “Project”), that includes the following:
1:100 scale exhibit
Conceptual building locations
Conceptual parking lot and drive aisle locations
Vehicular and pedestrian circulation and access
Master signage locations
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the proposed project was
adequately covered in previously adopted Final Environmental Impact Report, (EIR-13-01) thus;
no further environmental review or documentation is required.
RECOMMENDATION
That the Planning Commission adopt Resolution DR18-0008, approving the Village 3 Business
Park Master Site Plan project, based on the findings and subject to the conditions contained
therein.
Rev. 10/19/18
Planning Commission
DR18-0008
October 24, 2018
Page -2-
DISCUSSION
Project Site Characteristics
The Business Park Master Site Plan project is defined by the boundaries of Village 3’s
“Industrial District.” The 16.6 net-acre project is made up of 10 parcels located at 3256 Heritage
Road (primary address) and adjacent to the Otay Landfill. Six parcels are developable, while the
remaining four parcels contain slopes and landscape. The 10 parcels are contiguous and divided
into two sections that are separated by a 40-foot slope:
Parcels I-1a, I-1b, and I-2, as well as two landscape parcels, are at the lower elevation and
share the two western Business Park driveways along Heritage Road.
Parcels I-3a, I-3b, and I- 3c and two additional landscape parcels are at the higher
elevation and share the two eastern Business Park driveways, including the main entry at
the intersection of Avenida Escaya.
See Locator Map, Attachment 1
The 10 parcels that make up the Project are vacant and have been graded by the Master
Developer, HomeFed Village III Master, LLC. The following table identifies the General Plan,
Land Use Designation and Existing Land Use for the project site and adjacent properties:
General Plan, SPA Plan Land Use Designations and Existing land uses
PC District Zoning Existing Land
General Plan
Designation Use
Industrial Industrial (I) Vacant
Project
County Landfill County Landfill County Landfill
North
Single Family 4 (SF-4), Residential, Multi-
Residential Medium,
Multi-Family 1 Family, Mixed
Medium High, Mixed
South
(RM-1), Mixed Use 1 Use (under
Use
(MU-1) construction)
East County Landfill County Landfill County Landfill
Industrial Industrial Industrial
West
PROJECT DESCRIPTION
The Applicant proposes a Business Park Master Site Plan that addresses the conceptual locations
of buildings, parking lots, drive aisles, vehicular and pedestrian circulation and access, and
master signage.
Site Plan Elements
In accordance with the Village 3 SPA Plan, the Escaya Business Park Master Site Pan is a
conceptual plan for development of the business park. Site elements depicted on the exhibit are
conceptual and may be refined in conjunction with the design review process for individual
buildings or groups of buildings, without necessitating revision of the plan. Pursuant to Business
Rev 10/19/18
Planning Commission
DR18-0008
October 24, 2018
Page -3-
Park Design Guideline requirements in the Village 3 SPA Plan, architecture, lighting, walls,
bicycle storage, internal courtyards and recreational areas and building signage shall be
addressed on individual Design Review submittals.
There are four driveway entries into the Escaya Business Park. The primary entry for the upper
parcels is located at the intersection with Avenida Escaya. The driveway at this location is split
into one-way entry and exit points, to match the divided entry at the Village Core. The primary
driveway for the lower parcels is aligned with Santa Maya. Two additional driveways are
provided – they are each limited to right in/right out access.
Vehicular access within the site connects the three upper parcels. A separate vehicular access
connects the three lower parcels. Pedestrian access is provided from the public sidewalk along
Heritage Road into the site and to each conceptual building location.
Landscape
Conceptual landscaping is shown throughout the site, in accordance with the approved Master
Landscape Plan. More refined details will be provided with individual building design reviews.
PROJECT ANALYSIS
The following Project Data Table shows the development regulations along with the Applicant’s
proposal to meet the requirements:
Assessor’s Parcel Numbers: 644-061-0100 to 0600; 644-061-1400 to 1700
Current Zoning: Industrial
General Plan Designation: Industrial
Lot Area: 16.6 net acres
Building Siting
Setbacks for the buildings will comply with the Village 3 SPA plan, the Planned Community
(PC) District Regulations, and the Business Park Design Guidelines. Conceptual building
footprints are shown with appropriate spacing from the front and rear property lines, as well as
from side property lines, providing adjacent buildings adequate sunlight for potential solar
access. Landscape buffers and slopes provide screening from the public right of way.
Appropriate setbacks and proper screening help protect residential and commercial uses from
noise, odor, smoke, light intrusion, truck traffic and other objectionable influences incidental to
Industrial/Business Park uses.
Massing will comply with Lot Coverage in the PC District Regulations. Lot coverage is capped
at 70%, but building height and Floor Area Ratio are to be determined by individual project
design review. This Master Site Plan shows conceptual building footprints that provide
sufficient open space around industrial structures to protect them from hazard and to minimize
the impact of industrial operations on nearby residential or commercial districts.
Connections to and through the site are illustrated on the Business Park Master Site Plan.
Reciprocal ingress and egress, and conceptual circulation and parking areas show the path for
Rev 10/19/18
Planning Commission
DR18-0008
October 24, 2018
Page -4-
vehicular movement between adjoining properties. Pedestrian access to and into the conceptual
building sites is also show on the plan.
CONCLUSION
The proposed Escaya Business Park Master Site Plan project has been prepared pursuant to
Village 3’s SPA Plan and Business Park Design Guidelines. The Project complies with the
policies and guidelines for the Village 3 SPA Plan, Business Park Design Guidelines, and related
documents. Therefore, staff recommends the Planning Commission approve Design Review
Permit, DR18-0008, subject to the conditions listed in the attached Resolution.
DECISION-MAKER CONFLICTS
Staff has reviewed the property holdings of the Planning Commission members 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
purposes of the Political Reform Act (Cal. Gov’t Code §87100, 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.
FISCAL IMPACT
All application fees and processing costs are borne by the Applicant, resulting in no net fiscal
impact to the General Fund or the Development Services Fund.
Attachments
1. Locator Map
2. Planning Commission Resolution DR18-0008
3. Escaya Business Park Master Site Plan
Rev 10/19/18
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Attachment 2
RESOLUTION NO. DR18-0008
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING DESIGN REVIEW PERMIT DR18-0008 FOR THE ESCAYA
BUSINESS PARK MASTER SITE PLAN, ON 16.6 NET ACRES WITHIN THE
OTAY RANCH VILLAGE 3 MASTER PLANNED COMMUNITY. APPLICANT:
HOMEFED VILLAGE III MASTER, LLC.
WHEREAS, on May 10, 2018, a duly verified application for a Design Review Permit was
filed with the City of Chula Vista Development Services Department by HOMEFED VILLAGE
III MASTER, LLC (Applicant); and
WHEREAS, the Applicant requests approval of a Design Review Permit for the Escaya
Business Park Master Site Plan within the Otay Ranch Village 3 North and a Portion of Village 4
(Village 3) Plan Area (Project); and
WHEREAS, the area of land which is the subject of this Resolution is made up of 10
contiguous parcels, known as the Escaya Business Park, located at 3256 Heritage Road in Village
3 (Project Site); and
Business Park Master Site Plan shall be prepared that includes all of the Village 3 North industrial
parcels. The Business Park Master Site Plan shall be processed prior to or concurrent with the first
; and
WHEREAS, the Village 3 Business Park Design Guidelines
Master Site Plan is subject to Major Design ; and
WHEREAS, the Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
Project was adequately covered in previously adopted Final Environmental Impact Report, EIR-
13-01, and no further environmental review or documentation is required; and
WHEREAS, the Director of Development Services set the time and place for a hearing on
the Design Review Permit application, and notice of the 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 and residents within 500 feet of the exterior boundaries of the property at least 10 days
prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter
closed.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby makes the following findings:
PC Resolution DR18-0008
October 24, 2018
Page 2
1. That the proposed Project is consistent with the development regulations of the Village 3
Sectional Planning Area (Village 3 SPA) Plan and the Planned Community (PC) District
Regulations.
The proposed Business Park Master Site Plan meets all the development regulations as
stipulated in the Planned Community (PC) District Regulations as conditioned. The Business
Park Master Site Plan has been prepared that includes all the Village 3 industrial parcels, and
the Business Park Master Site Plan has been processed prior to or concurrent with the first
design review application within the Village 3 Business Park.
2. The proposed Project is consistent with the design and development standards of the
Village 3 Business Park Design Guidelines.
The Project adheres to the Village 3 SPABusiness Park Design Guideline requirements. The
proposed Business Park Master
building and parking lot/drive aisle locations, vehicular and pedestrian circulation and access,
building siting and master signage locations. The conceptual design shows convenient access
and parking, arranges structures to relate to the surrounding built environment, and coordinates
driveway entry locations with existing median openings and driveways on the opposite side of
Heritage Road. Additionally, the plan is being presented to Planning Commission for
approval, in accordance with the requirement for Major Design Review.
BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings
above, does hereby approve the Design Review Permit subject to the following conditions:
I. The following shall be accomplished to the satisfaction of the Director of Development
Services or designee, prior to issuance of building permits, unless otherwise specified:
DEVELOPMENT SERVICES DEPARTMENT Planning Division
1. Architecture, landscaping, lighting, walls, bicycle storage, internal courtyards and
recreation areas, as well as building signage shall be addressed on subsequent individual
Design Review submittals.
2. The Applicant shall pay all applicable fees, including any unpaid balances of permit
processing fees for deposit account DDP-3120.
3. The Project shall conform to Section 9.20.055 of the Chula Vista Municipal Code (CVMC)
regarding graffiti control or as approved by the Director of Development Services.
4. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall
be located out of public view and adequately screened through the use of a combination of
concrete or masonry walls, berming, and/or landscaping.
5. All exterior lighting shall include shielding to remove any glare from adjacent residents.
Details for said lighting shall be included in the Architectural Plans.
Rev 10/3/2018
PC Resolution DR18-0008
October 24, 2018
Page 3
DEVELOPMENT SERVICES DEPARTMENT Land Development Division
6. If the Project will include over 250 cubic yards of earth work, then the Developer must
obtain a Grading Permit prior to beginning any earthwork activities on the site and before
issuance of Building Permits, in accordance with Chapter 15.04. Developer shall submit
Grading Plans in conformance with the CC
Development Storm Water Manual requirements.
7. Prior to the issuance of any Grading or Site Development Permits within the Project Area,
Applicants shall demonstrate compliance with Voluntary Assistance Program (VAP) Case
DEH2017-LSAM-000443.
8. Any proposed work within the right of way will require a Construction Permit.
9. When submitting subsequent final plans for the Project, the Applicant shall provide an
update letter demonstrating that all stormwater runoff generated from the Project will be
treated in accordance with the assumptions provided in the Storm Water Quality
Management Plan for the Village 3 mass grading.
10. Temporary Encroachment Removal Agreements are required for proposed driveways,
utilities or other temporary encroachments in Open Space lots.
DEVELOPMENT SERVICES DEPARTMENT Landscape Division
11. All new parking lots are required to comply with the City of Chula Vista Shade Tree Policy.
Compliance with the Shade Tree Policy must be demonstrated in each subsequent
individual Design Review submittal. For a complete listing of the ordinance, see the
following link: http://www.chulavistaca.gov/departments/development-services/land-
development.
12. For each subsequent individual Design Review submittal, the Applicant shall provide a
Conceptual Landscape Plan that demonstrates landscaping is provided for no less than 15%
of the gross site area, with a minimum of 10% of landscaping in defined parking areas.
Such requirements are outlined further in the City of Chula Vista Design Manual.
13. Construction changes to the approved Landscape and Irrigation (L & I) Plans are required
for any changes and impacts to landscape areas affected by proposed driveways, utilities,
or other temporary encroachments on any Open Space lot.
DEVELOPMENT SERVICES DEPARTMENT Building Division
The Applicant shall address the following Building Division Conditions of Approval at the time
of Building Permit submittal to the satisfaction of the Building Official or designee.
14. This Project shall comply with California Building Code, California Mechanical Code,
California Plumbing Code, California Electrical Code, California Fire Code and California
Energy Code, as adopted and amended by the State of California and the City of Chula Vista
Rev 10/3/2018
PC Resolution DR18-0008
October 24, 2018
Page 4
currently in effect at the time of building permit application, as well as the Green Building
ordinance (CVMC 15.12) and all other locally adopted city and state requirements.
15. Building Permit applications to include methane and Volatile Organic Compound (VOC)
mitigation measures designed and implemented by VOC and methane mitigation
experts/specialists.
ECONOMIC DEVELOPMENT DEPARTMENT Environmental Division
16. The Applicant shall comply with the construction debris recycling requirements, including
a performance deposit and Waste Management Report.
FIRE DEPARTMENT
The following Fire Department Conditions of Approval are general requirements that the
Applicant shall address at the time of Building Permit submittal to the satisfaction of the Fire
Marshall or designee.
17. The Applicant shall apply for required Building Permits. Permits shall comply with
applicable codes and requirements, including but not limited to: the current California
edition of Building Code (CBC), Fire Code (CFC), Mechanical Code, and Residential Code
as adopted and amended by the State of California and the City of Chula Vista.
18. A fire service study shall be performed that includes a hydraulic water flow analysis. This
analysis shall show the actual flow and pressure for all hydrants and riser stubs. The Hazen
Williams formula shall be used in the determination of these flows and pressures. The
analysis shall show that the required fire flow is available at the hydrants and that
independently the sprinkler demand is available at the most demanding sprinkler riser.
19. Water supply data is required to accompany an underground submittal. An official water
flow letter can be obtained from the respective water authority. The water flow
requirements shall be based upon the currently adopted California Fire Code. The date of
the water flow test shall be no older than six months from the time of the plan submittal.
OTAY WATER DISTRICT
20. The Developer will be required to comply with the approved Sub-Area Master Plan
(SAMP) for Village 3.
21. The Project can be served by the existing 16-inch potable water main and 8-inch recycled
water main at Heritage Road. The Developer is required to provide a calculation of water
demands prior to the commencement of the Project.
22. Use of recycled water shall be in cooperation with the approved SAMP. Prior to the
purchase of any meter(s), irrigation plans must be: (1) designed to District Water Agency
Standards for reclaimed standards/specifications and (2) submitted to the District and the
County Department of Environmental Health (DEH) for plan check and approval.
Rev 10/3/2018
PC Resolution DR18-0008
October 24, 2018
Page 5
23. When a customer requests water service on a parcel of land with potable irrigated landscape
equal to 5,000 square feet or more, a separate meter will be required for irrigation purposes
on the site.
24. Fire
an approved reduced pressure principle backflow prevention device (R/P) purchased and
installed by the Developer after District review and approval. The Developer shall contact
fire protection requirements can be met from the existing pressure zone.
25. The fire service line will not be allowed to be connected to any buildings; the line will be
intended for fire services purposes only. Failure to comply with this request will result in
by the District. Water furnished for fire hydrant or fire sprinkler service shall be used only
for fire protection purposes and shall be connected to a District water main. Where service
is provided for a fire hydrant or fire sprinkler service on privately owned land, the service
shall be provided by the District at the property line of land to be served.
II. The following on-going conditions shall apply to the Project Site as long as it relies on
this approval:
26. The Applicant shall install all landscaping and hardscape improvements in accordance
with the approved Landscape Plan.
27. The Applicant shall comply with all applicable mitigation measures in accordance with
Final Environmental Impact Report (FEIR) 13-01.
28. Approval of the Design Review Permit shall not waive compliance with any sections of
Title 19 of the CVMC, nor any other applicable laws and regulations in effect at the time
of building permit issuance.
29. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commission members, officers,
employees and representatives, from and against any and all liabilities, losses, damages,
liabilities) incurred by the City arising,
issuance of this Design Review Permit
permit or action, whether discretionary or non-discretionary, in connection with the use
contemplated on the Project Site. The Property Owner and Applicant shall acknowledge
their agreement to this provision by executing a copy of this Design Review Permit where
shall be binding on any
assigns.
30. This Design Review Permit shall become void and ineffective if not utilized within three
years from the effective date thereof, in accordance with Section 19.14.260 of the CVMC.
Rev 10/3/2018
PC Resolution DR18-0008
October 24, 2018
Page 6
III. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE
Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this resolution begins on the effective date of this resolution and any
such protest must be in a manner that complies with Government Code Section 66020(a) and
failure to timely follow this procedure will bar any subsequent legal action to attack, review,
set aside, void or annul imposition. The right to protest the fees, dedications, reservations,
or other exactions does not apply to planning, zoning, grading, or other similar application
processing fees or service fees in connection with this project; and it does not apply to any
fees, dedication, reservations, or other exactions which have been given notice similar to this,
nor does it revive challenges to any fees for which the statute of limitations has previously
expired.
IV. EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood and
agreed to the conditions contained herein, and will implement the same. Upon execution,
this document shall be signed and Development Services Department.
________________________________ _______________________
Signature of Property Owner Date
________________________________
Printed Name of Property Owner
________________________________ _______________________
Signature of Applicant Date
________________________________
Printed Name of Applicant
Rev 10/3/2018
PC Resolution DR18-0008
October 24, 2018
Page 7
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. Failure to satisfy the conditions of this
permit may also result in the imposition of civil or criminal penalties.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition herein
stated; and that in the event that any one or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution and the permit shall be deemed to be automatically revoked and of no further force
and effect.
Presented by: Approved as to form by:
_________________________ _____________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
th
CHULA VISTA, CALIFORNIA, this 10 day of October, 2018 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Gabe Gutierrez, Chair
ATTEST:
_________________________
Patricia Salvacion, Secretary
Rev 10/3/2018
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an Encroachment Permit),
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Item: ___3____
Meeting Date: 10/24/18
ITEM TITLE: A. Public Hearing: PCS18-0002; Consideration of a Tentative Subdivision
Map to convert a 1,405 square-foot commercial tenant space and an 870
square-foot meeting room for the residents into three (3) additional
residential units for individual ownership, two of which being live/work
units, for a total of eighty-three (83) condominium units on a 2.49 acre site
located at 986 Broadway. Applicant: Niki Properties, LLC
Resolution of the City of Chula Vista Planning Commission approving a
Tentative Subdivision Map PCS18-0002 to convert a 1,405 square-foot
commercial tenant space and an 870 square-foot meeting room for the
residents into three (3) additional residential units for individual
ownership, two of which being live/work units, for a total of eighty-three
(83) condominium units on a 2.49 acre site located at 986 Broadway.
SUBMITTED BY: Caroline Young, Associate Planner
REVIEWED BY: Kelly Broughton, Director of Development Services
INTRODUCTION
On July 24, 2018, the Applicant submitted a Tentative Subdivision Map application for approval
of the noted Project. The proposed Project will add a desired amenity of providing a commercial
use (live/work units) in proximity to residential units on the same lot, while providing
opportunities for individual ownership for the condominium units. The site was recently
constructed as a mixed-use project (see Locator Map, Attachment 1).
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the Project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the Project qualifies for a
categorical exemption pursuant to Section 15332 of the State CEQA Guidelines. Thus, no
further environmental review is required.
RECOMMENDATION:
That the Planning Commission adopt Resolution PCS18-0002 approving the Project, based on
the findings and subject to the conditions contained therein.
PCS18-0002 Page No. 2
DISCUSSION:
Project Site Characteristics:
The 2.49-acre project site is located in the western portion of Chula Vista. The site was recently
constructed as a mixed-use project. The site is surrounded by commercial retail to the north, east,
and south, and an apartment complex is located to the west (Attachment 1, Locator Map).
Summary of Surrounding Land Uses
General Plan Zoning Current Land Use
Site: Mixed-Use Residential Central Commercial, CCP Condominiums/Retail
South: Mixed-Use Residential Central Commercial, CCP Commercial Retail
North: Mixed-Use Residential Central Commercial, CCP Commercial Retail
East: Mixed-Use Residential Central Commercial, CCP Commercial Retail
West: Residential High Apartment Residential, R3 Apartment
Project Description
Existing
The existing building includes a mixed-use project with three (3) separate, three-story buildings
totaling 118,678 square-feet and includes twelve different plan types ranging from one and two
bedroom units for a total of 80 condominium units. The floor plans, consisting of 36-one
bedroom units and 44-two bedroom units, are sized at approximately 720 square-feet to 1,085
square-feet for each unit. The floor plans include a kitchen, dining room, living room,
bathrooms, and bedrooms. Each unit has either an open parking space along the perimeter of the
site or a space within the parking garage. First floor plan design provides for front entries off an
enhanced courtyard, open space area, or along the street frontage (Moss Street). Balconies are
provided for units on the upper floors. An 870 square-foot meeting room and tenant lounge is
provided on the second floor of Building C. The commercial tenant space is 1,405 square-feet
and located in the northeastern portion of the site with a customer parking lot of nine (9) spaces
adjacent to Broadway. An existing gate separates the commercial and residential parking area.
Proposed
The proposed Tentative Subdivision Map is requesting to convert a 1,405 square-foot
commercial tenant space and an 870 square-foot meeting room for the residents into three (3)
additional residential units for individual ownership. Two (2) of the units will be live/work units
while the other is a one bedroom unit, for a total of eighty-three (83) condominium units on the
site. The two (2) live/work units will maintain approximately 196 square-feet and 223 square-
feet of commercial space in front of a studio unit. The studio units within the live/work units will
be approximately 470 square-feet and 492 square-feet. The unit located on the second floor will
be a one bedroom unit with a total of 870 square-feet. The residential floor plans include a
kitchen, living room, bathrooms, and a bedroom. Each unit has either an open parking space
along the perimeter of the site or spaces within the parking garage. The proposed three
residential units require a total of five (5) parking spaces. Overall, the project with the eighty-
three (83) total residential units and live/work spaces requires a total of 143 parking spaces. The
site currently has a total of 150 parking spaces provided. Therefore, the Project meets and
exceeds the parking standards onsite.
PCS18-0002 Page No. 3
In accordance with Chula Vista Municipal Code (CVMC) Section 15.56.020C.1, each
condominium unit shall be provided with an enclosed storage space for the personal and private
use of each owner. For studio or one bedroom units, a total of 150 cubic-feet are required. The
Project meets and exceeds the requirement through storage provided in each unit. The live/work
units have storage areas located in a closet both in the live/work area and also in the hallway
adjacent to the bedroom ranging from 171 cubic-feet to 183 cubic-feet. The one bedroom unit on
the second floor has a storage area located in a closet with a total of 152 cubic-feet.
No additional square footage will be added to the building as a result of this change. Exterior
changes consist of gates placed around a front patio/entrance area for the two live/work units
adjacent to Broadway.
ANALYSIS:
Compliance with Chula Vista Municipal Code and Chula Vista Subdivision Manual
Tentative Map
Subdivision Design
The existing site consists of eighty (80) residential units served by two major thoroughfares,
Broadway and Moss Street (see Project Plans, Attachment 4). The proposed Tentative
Subdivision Map (TM) adds three (3) additional units for a total of eighty-three (83)
condominium units on the site. Two (2) of the units, which are located on the first floor adjacent
to Broadway, will become live/work units.
The site will consist of a total of eighty-three (83) condominium units. The site is designed to
comply with the Subdivision Manual lot design criteria. The proposed Project would be
consistent with surrounding multi-family development and would complement the area. The
subdivision design is in conformance with the City’s Subdivision Manual, Zoning Ordinance and
other associated regulatory documents. The homeowners’ association, required as part of the
TM, will be responsible for the maintenance of the private driveway, landscaping, and bio-
retention area.
Grading
The site maintains frontage along Broadway and Moss Streets at street grade. However, the
overall site gradually slopes downward toward the southeast. The Applicant previously obtained
a Land Development Permit prior to beginning any earthwork activities at the site and before
issuance of building permits in accordance with CVMC Chapter 15.05. The Applicant previously
submitted grading plans in conformance with the City’s Subdivision Manual and the City’s
Development Storm Water Manual requirements. No further grading is required on the site.
Project Access
Vehicular access to the site is provided from both Broadway and Moss Street through an on-site
24-ft. wide private driveway. The units will access the open parking spaces or the parking garage
off of the private driveway. Street improvements within the right-or-way previously included a
2-foot street dedication along Broadway for sidewalk widening. No changes will occur to the
PCS18-0002 Page No. 4
existing circulation of the site.
Drainage
The drainage improvements for the site consist of maintaining the existing drainage pattern and
runoff direction with the majority of the development draining near the proposed entrance along
Moss Street, and near the intersection of Broadway and Moss Street. A small portion of the site
also sheet flows into the Broadway gutter system, where it is directed to the existing inlet located
on Moss Street. Overall, the Project is collecting the existing runoff and treating it in accordance
with current Best Management Practice (BMP) methods and discharging to the Bio-retention
basin located on Moss Street. No adverse impacts to the City’s drainage threshold standards will
occur as a result of the proposed Project for adding three additional residential units. The
proposed improvements are adequate to handle the Project storm water runoff generated from the
site. A final drainage study was previously submitted prior to issuance of the building permit. No
further drainage study is required.
Public Facilities
Sewer
The Project site is within the boundaries of the City of Chula Vista wastewater services area. The
existing area sewer facility system has sewer lines along Moss Street and Broadway including an
existing off-site 8” sewer main along the frontage of Broadway and Moss, and an additional
existing off-site 12” sewer main along Moss Street for the proposed Project site. The Applicant
previous submitted a final sewer study prior to connecting to the City’s sewer system. No further
sewer study is required.
Emergency Services
The Fire Department has reviewed the proposal and approved the Project with two access points,
one driveway off of Broadway and one off of Moss Street. Knox boxes are provided at each
gated entrance in accordance with the requirement of the Fire Department. A new fire hydrant
was provided along Moss Street.
Parks and Open Space
There are two parks located near the Project site. Harborside Park is located 0.71 miles
southwest of the Project site and Launderbach Park is located 1.14 miles south of the Project site.
The Applicant will be required to pay in-lieu park fees pursuant to Parks Acquisition and
Development (PAD) Ordinance requirement.
Schools
The Project site is located in the attendance area of Harborside Elementary School, within the
boundaries of the Chula Vista Elementary School District. The Project is also within the
attendance area of Chula Vista High School, within the Sweetwater Union High School District.
The Applicant will be required to pay applicable school fees based upon assessable building
area.
CONCLUSION
PCS18-0002 Page No. 5
The proposed TM to subdivide (3) additional condominium units, for individual ownership
within the existing building is a permitted land use in the Central Commercial Zone. The
proposal complies with the CVMC as well as the Subdivision Manual. Therefore, staff
recommends that the Planning Commission approve TM, PCS18-0002 subject to the conditions
listed in the attached Resolution.
DECISION-MAKER CONFLICTS
Staff has reviewed the property holdings of the Planning Commission members 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
purposes of the Political Reform Act (Cal. Gov’t Code §87100, 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.
FISCAL IMPACT
All processing costs are borne by the Applicant, resulting in no net fiscal impact to the General
Fund or Development Services Fund.
Attachments
1. Locator Map
2. Planning Commission Resolution PCS18-0002
3. Disclosure Statement
4. Project Plans
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CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT
LOCATOR APPLICANT Broadway, PROJECT DESCRIPTION:
ADDRESS-PROJECT DESIGN REVIEW
existingthe b
SCALEi FILE NUMBER:
NORTH No Sca - PCS1: iii 05-001,DRC-1 5-05
RESOLUTION NO. PCS18-0002
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING TENTATIVE SUBDIVISION MAP PCS18-
0002 TO CONVERT A 1,405 SQUARE–FOOT COMMERCIAL TENANT
SPACE AND AN 870 SQUARE-FOOT MEETING ROOM FOR THE
RESIDENTS INTO THREE (3) ADDITIONAL RESIDENTIAL UNITS FOR
INDIVIDUAL OWNERSHIP, TWO OF WHICH BEING LIVE/WORK
UNITS, FOR A TOTAL OF EIGHTY-THREE (83) CONDOMINIUM UNITS
ON A 2.49 ACRE SITE AT 986 BROADWAY
WHEREAS, on July 24, 2018, a duly verified application for a Tentative Subdivision
Map was filed with the City of Chula Vista Development Services Department by Niki
Properties, LLC (Applicant); and
WHEREAS, a previously approved and constructed mixed-use project exists on the site
which includes three (3) separate, three-story buildings totaling 118,678 square-feet and includes
twelve different condominium plan types ranging from one and two bedroom units for a total of
80 condominium units with a 1,405 square-foot commercial tenant space and an 870 square-foot
meeting room for the residents (the “Existing Project”); and
WHEREAS, the application requests approval to convert the 1,405 square-foot
commercial tenant space and the 870 square-foot meeting room for the residents within the
Existing Project into three (3) additional residential units for individual ownership, two of which
being live/work units, for a total of 83 condominium units (the “Project”); and
WHEREAS, the area of land that is the subject of this Resolution is an existing 2.49 acre
parcel located at 986 Broadway (Project Site); and
WHEREAS, the Development Services Director has reviewed the Project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the Project
qualifies for a Categorical Exemption pursuant to Section 15332 of the State CEQA Guidelines.
Thus, no further environmental review is required; and
WHEREAS, the Development Services Director set the date for the hearing of the
Tentative Subdivision Map application, and notice of the hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City and mailed to property
owners and residents within 500 feet of the exterior boundaries of the property at least 10 days
prior to said hearing date; and
WHEREAS, a hearing at the time and place as advertised, namely October 24, 2018, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered Tentative Subdivision
Map PCS18-0002 in accordance with all City Codes and requirements.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
find and determine as follows:
II. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the Planning
Commission finds that the Tentative Subdivision Map, as conditioned herein, is in
conformance with the elements of the City’s General Plan, based on the following:
1. Land Use
The General Plan land use designation is Mixed-Use Residential. The implementing
zone is Central Commercial, however for a Mixed-Use (MU) project the allowable
density is based on the total project area, less any area devoted exclusively to
live/work use, including parking and circulation areas. Per the MU standards, Section
19.58.205C, a total of 83 dwelling units is permitted on the 2.49 acre Project Site,
with the proposed live/work units.
2. Circulation
All off-site public streets required to serve the subdivision already exist in accordance
with the Conditions of Approval. The on-site circulations system is already built and
designed in accordance with the City design standards and/or requirements and
provides for vehicular and pedestrian connections. No further changes to the existing
circulation are required.
3. Public Facilities
The Project has been conditioned to ensure that all necessary public facilities and
services will be available to serve the Project concurrent with the demand for those
services. There are no public services, facility, or phasing needs created by the Project
that warrants the preparation of a Public Facilities Financing Plan.
4. Housing
The Project is consistent with the density prescribed within the MU Residential
General Plan designation, and provides additional opportunities for multi-family
residential home ownership in the southwestern portion of the City.
5. Growth Management
The surrounding street segments and intersections including Broadway and Moss
Street will continue to operate at the same Level of Service in compliance with the
City’s traffic threshold standard with the proposed Project traffic. No adverse impact
to the City’s traffic threshold standards would occur as a result of the proposed
Project.
The Project Site is located in the attendance area of Harborside Elementary School,
within the boundaries of the Chula Vista Elementary School District. The Project is
also within the attendance area of Chula Vista High School, within the Sweetwater
Union High School District. The Applicant will be required to pay applicable school
fees based upon assessable area.
The existing drainage improvements for the lot consist of maintaining the existing
drainage pattern and runoff direction with the majority of the development draining
near the proposed entrance along Moss Street and near the intersection of Broadway
and Moss Street. A small portion of the Project Site also sheet flows into the
Broadway curb and gutter system, where it is directed to the existing inlet located on
Moss Street. Overall, the existing site collects the existing runoff and treats it in
accordance with current Best Management Practice (BMP) methods and discharges to
the Bio-retention basin located on Moss Street. No further changes to the drainage are
required.
The Project Site is within the boundaries of the City of Chula Vista wastewater
services area. The existing area sewer facility system has sewer lines along Moss
Street and Broadway including an existing off-site 8” sewer main, along the frontage
of Broadway and Moss and an additional existing off-site 12” sewer main, along
Moss Street for the proposed Project Site. Prior to the construction of the site, the
Applicant submitted a final sewer study prior to connecting to the City’s sewer
system. No further changes to the sewer system are required.
6. Open Space and Conservation
The Project proposes multi-family homes that meet the minimum open space
requirement in accordance with the Chula Vista Municipal Code. The Project will
also be required to pay in-lieu park fees towards the acquisition and development of
future parks. The development of the Project Site is consistent with the goals and
policies of the Conservation Element.
7. Parks and Recreation
The proposed Project would not induce significant population growth with the
addition of three (3) residential units and would not impact existing or proposed
recreational facilities. The Project has been conditioned to pay park acquisition and
development fees prior to recordation of the Final Map.
8. Safety
The City Engineer, Fire and Police Departments have reviewed the proposed Project
for conformance with City safety policies and have determined that the proposal
meets those standards.
9. Noise
The Project was previously reviewed for compliance with the Noise Element and will
continue to comply with applicable noise measures at the time of issuance of the first
building permit.
10. Scenic Highway
The Project Site is not located adjacent to or visible from a designated scenic
highway.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of
lots for natural and passive heating and cooling opportunities and development of the site
will be subject to site plan and architectural review to insure the maximum utilization of
natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Planning
Commission has considered the effect of this approval on the housing needs of the region
and has balanced those needs against the public service needs of the residents of the City
and the available fiscal and environmental resources.
D. Pursuant to Government Code Section 66474 (a)-(g) of the Subdivision Map Act, the
proposed Project:
(a) is consistent with applicable general and specific plans as specified in Section 65451
because the General Plan land use designation of MU Residential allows for the proposed
83 units. The project is not within a Specific Plan area.
(b) design or improvement is consistent with applicable general and specific plans. The
Project’s design of 83 units is consistent with the Central Commercial zoning
classification which is consistent with the General Plan’s MU designation.
(c) site is suitable for the proposed density of development. The Project’s 83 units are
within the allowed density range with a maximum yield of 83 units.
(d) site is physically suitable for the type of development. The Project is surrounded by
commercial/retail and apartment developments with available access and infrastructure to
serve the Project.
(e) the design of the subdivision or the proposed improvements will not cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their
habitat.
(f) the design of the subdivision or type of improvements will not cause serious public
health problems because the Project has been designed to have emergency access and
will be able to be served by fire and emergency services.
(g) subdivision or the type of improvements will not conflict with easements, acquired by
the public at large, for access through or use of, property within the proposed subdivision.
In this connection, the governing body may approve a map if it finds that alternate
easements, for access or for use, will be provided, and that these will be substantially
equivalent to ones previously acquired by the public. This subsection shall apply only to
easements of record or to easements established by judgment of a court of competent
jurisdiction and no authority is hereby granted to a legislative body to determine that the
public at large has acquired easements for access through or use of property within the
proposed subdivision. The project’s roadways and utilities are within and are not in
conflict with existing easements.
E. The Project Site is physically suited for residential development because it is generally
level and is located adjacent to existing residential and commercial/retail developments.
The Project conforms to all standards established by the City for a residential
development.
F. The conditions herein imposed on the grant of permit or other entitlement herein
contained are approximately proportional both in nature and extent to the impact created
by the proposed Project.
III. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by law: (a) the Conditions of Approval and Code
requirements set forth below shall be completed prior to the related Final Map as
determined by the Development Services Director and the City Engineer, or designees,
unless otherwise specified, “dedicate” means grant the appropriate easement, rather than
fee title. Where an easement is required the Applicant shall be required to provide
subordination of any prior lien and easement holders in order to ensure that the City has a
first priority interest and rights in such land unless otherwise excused by the City. Where
fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these Conditions of Approval,
any conflict shall be resolved by the City Manager or designee.
GENERAL/DEVELOPMENT SERVICES
1. The Applicant shall develop and maintain the Project Site in accordance with the
approved plans, which include site plans, floor plans, and elevation plans on file in the
Planning Division, the conditions contained herein, and Chula Vista Municipal Code
(CVMC) Title 19.
2. Prior to, or in conjunction with the issuance of the first Building Permit, the Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees for
deposit account DDA-0257.
Land Development Division/Landscape Architecture Division:
3. A Final Map will be processed upon approval of the TM. Refer to Section 2-100 of the
Subdivision Manual for requirements and guidelines for processing Final Maps.
4. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is
required prior to the issuance of the first Building Permit in accordance with Municipal
Code Section 17.10.100. The current PAD fee for West Chula Vista Projects is $7,888 for
Multi-Family. The PAD fee is adjusted on an annual basis on October 1 based on the
Engineer Construction Cost Index. The payment of the PAD fee amount in place at the
time of the recording of the Final Map is required. The PAD fee for the project at this
time is $23,964 (3 @ $7,888/unit). Credit will be awarded for existing buildings on the
site.
The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
5. Approval of this Project shall not waive compliance with any sections of the CVMC, nor
any other applicable City Ordinances in effect at the time of Building Permit issuance.
6. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council, Planning Commission members, officers, employees
and representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney’s fees (collectively, liabilities)
incurred by the City arising, directly or indirectly, from (a) City’s approval of this
Tentative Map and (b) City’s approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated on the
Project Site. The Property Owner and Applicant shall acknowledge their agreement to
this provision by executing a copy of this Resolution where indicated below. The
Property Owner’s and Applicant’s compliance with this provision shall be binding on any
and all of the Property Owner’s and Applicant’s successors and assigns.
7. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer
as to any or all of the property.
8. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City’s Growth Management Ordinance; Chula Vista Landscape
Manual, Chula Vista Design Plans and the Non-Renewable Energy Conservation Plan as
amended from time to time, unless specifically modified by the appropriate department
head, with the approval of the City Manager. These plans may be subject to minor
modifications by the appropriate department head, with the approval of the City Manager,
however, any material modifications shall be subject to approval by the Planning
Commission.
9. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of
Building Permits, deny, or further condition the subsequent approvals that are derived
from the approvals herein granted; institute and prosecute litigation to compel their
compliance with said conditions; and/or seek damages for their violation. The Applicant
shall be notified 10 days in advance prior to any of the above actions being taken by the
City and shall be given the opportunity to remedy any deficiencies identified by the City.
IV. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that
the 90 day period to protest the imposition of any impact fee, dedication, reservation, or
other exaction described in this resolution begins on the effective date of this resolution
and any such protest must be in a manner that complies with Government Code Section
66020(a) and failure to follow timely this procedure will bar any subsequent legal action
to attack, set aside, void or annual imposition. The right to protest the fees, dedications,
reservations, or other exactions does not apply to planning, zoning, grading, or other
similar application processing fees or service fees in connection with the project; and it
does not apply to any fees, dedication, reservations, or other exactions which have been
given notice similar to this, nor does it revive challenges to any fees for which the Statute
of Limitations has previously expired.
V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same.
Upon execution, this document shall be recorded with the County Recorder of the County
of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed,
stamped copy returned to the City’s Development Services Department. Failure to return
the signed and stamped copy of this recorded document within 10 days of recordation
shall indicate the Property Owner/Applicant’s desire that the project, and the
corresponding application for building permits and/or a business license, be held in
abeyance without approval.
________________________________ _______________________
Signature of Property Owner Date
________________________________ _______________________
Name of Property Owner Date
________________________________ _______________________
Signature of Applicant Date
________________________________ _______________________
Name of Applicant Date
VI. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The Planning Commission does hereby find that the Project is in conformance with the
City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the
Zoning Ordinance.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision, and condition
herein stated; and that in the event that any one or more terms, provisions, or conditions
are determined by a Court of competent jurisdiction to be invalid, illegal, or
unenforceable, this resolution and the permit shall be deemed to be automatically revoked
and of no further force and effect ab initio.
BE IT FURTHER RESOLVED that the Chula Vista Planning Commission does hereby
approve Tentative Subdivision Map (PCS18-0002), subject to the conditions listed above to
convert a 1,405 square-foot commercial tenant space and a 870 square-foot meeting room for the
residents into three (3) additional residential units for individual ownership, two of which being
live/work units, for a total of 83 condominium units at 986 Broadway.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24th day of October 2018, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Gabe Gutierrez, Chair
ATTEST:
____________________________
Patricia Salvacion, Secretary
Presented by: Approved as to form by:
_________________________ _____________________
Kelly Broughton Glen R. Googins
Director of Development Services City Attorney
Deve [ o -p ,m e n t Services bepa rtm -e !n, 't
► +� Planning Division [ Development P:•Ce'sslhy
GHUAVG5TA APPLICATION APO 461X B.
Disclosure Statement '
Pursuant to city Councll policy 141-At,prior to any actlon on a matter that requires discretionary actign by the City
-Council,Planning Commisslon or oth er"official legislative body of the City,•a statemei k of disclosure of 4kaln
ownerships,financial Interest,payments,and campaign contributlorws must be filed.-The following Info rnation must:
he disclosed: -
i. List the names of all persons having a financial interest In the project that is the subject of the
application,proJ ct or contract(e.g., wner,applicant,contractor,subcontractor,material supplier}:
• a .wa � ••
X 0-ariy persona Identified In section 1.above is a corporation or partnership,llst the harnees df alt.
individualswi Fi investment of$2004 or rY ore In the business(carporatT.*gpattnershlp)entity. [
3, if any person"Identified Iri section t,above is a non-profit organization or oust,list the names pf
ally pPrson•who Wthe'director of We non-profit arganimition orthe names of the trustee,beneficiary.
and trustor of tr it
• i
4. Please identify every person,Including any agents,employees,consultants,or Independent '
contr ctors w rn yo r authorized to re resent yqu be re.h Gf 1 this ainatter, '
�Cttylo
A w1 f"!e k TOO brus4 .o•vi
yl l S C( YY.0 S
tlr(Amicl NACAVI 1
s�, �0nV1 -
S. Has any person identlked in 1,2.,3.,or 4.,above,or otherwise associated with this contract,project
or application,had any financial•deaiings wlt#1 ars official"of the City of Chulla Vista as It rely to this
contract,project or application within the past 17 months? Yes X10
If yes,briefly describe the nature of the financial Interest the official*"may have In this contract.
-----------------
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Devefoprne -nt Services D e p a rtment
.... �. Planning Division I Development Processing
CAY
CHUTA�VISTA APPLICATION APPENDIX $
Disclosure Statement - Page Z•
6. Has any person NdentiFied in 1 2,3,,or 4.,above,or otherwise associated with this contract,project.
or application,made a campaign contribution of more than$254 within the past 02) months a
current member of the City of Chula Vista Council? Yes U0
if yes which council member?
7. Has any person'Identified in 1,,2.,3.,or 4.,above,or otherwise associated with this contract,project
or application,provided more than $420(or an item of equivalent value)to an official*"of the City of
Chula Vista in the past(12)months? (This Includes any payment that confers a personal benefit an the
recipient,a debate or dlscouht in the price'of'nything of value,money to retire a legal debt,gif -Idan,
etc.) Ye's No
. s
if yes,which official"'!,and what was the nature of the Item provided?
S, Has any person Ndentified in 1„2,,3.,or 4.,above,cr otherwise associated with this contract,project
or application,been a source of income of$500 or more to an official*"of the City of Chula Vista In the �
past(12)months? Yes Na
1Fyes,which officla10* and tate nature of the item provided?
E
Date—
Signature of Co tractor/Applicant
*A m~" uy►'1
Printortype name of Contractor/Appllcant
* Person is identified as,any Individual,firm,co-partnershlMolnt venture,association,social club,
Fraternal organization,corporation,estate,trust,recelver,syndicate,any other county,city,muMGipality,
district,or other political subdlvlslon,or any other group or cornbtnation acting as a unit,
i �P
*" official includes,'but Is not limited to: Mayor,Council member,Planning Commissioner,Member of a
board,commission or committee of the City,and City employee or staff members.
e+* Yhis disclosure Statement must he completed at the time the project application,or contract,is submitted i
to qty staff For processing,and updated within one week prior to consideration by legislative body, i
Last Updated: March 16,3010
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Item: ___4____
Meeting Date: 10/24/18
ITEM TITLE: Public Hearing: Adoption of the Otay Ranch Phase 2 Resource
Management Plan Update; MPA18-0013; Consider and recommend to the
City Council to adopt the Otay Ranch Phase 2 Resource Management Plan
Update. Updates to preserve management plans are procedural in nature
and memorialize City Council actions, ownership changes, and other
resource management related actions that have occurred since the original
Phase 1 Resource Management Plan was adopted. Applicant: City of Chula
Vista.
Resolution of the City of Chula Vista Planning Commission recommending
that the City Council adopt the Otay Ranch Phase 2 Resource Management
Plan Update which will bring the document up-to-date with current Otay
Ranch Preserve management structure and annual operating budget,
ownership, biological monitoring and management requirements and
includes the current status of Otay Ranch development and Otay Ranch
Preserve assembly and Otay Ranch General Development Plan/Subregional
Plan and Phase 1 Resource Management Plan policies related to biological
and cultural resources.
SUBMITTED BY: Cheryl Goddard, Senior Planner
REVIEWED BY: Kelly Broughton, Director of Development Services
INTRODUCTION
The Otay Ranch Phase 2 Resource Management Plan (RMP2) Update is a planning document that
implements natural and cultural resource management and monitoring activities within the Otay
Ranch Preserve (Preserve). Development and resource preservation within Otay Ranch are guided
by the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP), which was adopted
at a joint meeting held by the City of Chula Vista and the County of San Diego on October 28,
1993. A Phase 1 Resource Management Plan (RMP1) for Otay Ranch was adopted with the
GDP/SRP. RMP1 comprehensively planned for the long-term protection and management of
sensitive natural, cultural, and scenic resources located within the Preserve, establishing a
framework for habitat protection.
The City of Chula Vista adopted RMP2 on June 4, 1996 and amended portions in 1998 and 2006.
The RMP2 outlines the implementation measures necessary to meet the resource protection
objectives established in the GDP/SRP and RMP1. Specifically, the RMP2 provides for:
Planning Commission
October 24, 2018
Page No. 2
1. The refinement of the Preserve boundary;
2. The selection of the Preserve Owner/Manager;
3. The implementation of the programs, goals, and objectives established in the RMP1;
4. The development of conceptual infrastructure plans providing specific standards and
criteria for facilities located within the Preserve;
5. The identification of locations for permitted uses within the Preserve including trails, active
recreation, and educational and interpretive facilities; and
6. The initiation and/or completion of biological and cultural resource studies required by
RMP1 policies.
While City Council adopted RMP2 in its entirety in 1996, the County Board of Supervisors
(Board) approved only portions of the document in 1996 related to the Preserve Conveyance Plan
and funding so that developments processed within the City could move forward. The County
Board amended the adopted Conveyance Plan in 2002 and 2007 to reflect changing circumstances
including the change of Otay Ranch ownership from one owner to multiple owners. The Board
did not adopt the RMP2 in its entirety in 2002 or 2007, as development had not progressed within
the unincorporated area of Otay Ranch. The RMP2 is required to be adopted by the County Board
in its entirety prior to, or concurrently with, approval of the first Specific Plan in the unincorporated
area of Otay Ranch. This includes the Specific Plan applications for Otay Ranch Villages 13 and
14 that are currently in process. The processing of these Otay Ranch villages within the
unincorporated County has triggered the comprehensive update to RMP2 capturing current Otay
Ranch Preserve management structure and annual operating budget, ownership, biological
monitoring and management requirements and includes the current status of Otay Ranch
development and Preserve assembly and GDP/SRP and RMP1 policies related to biological and
cultural resources.
ENVIRONMENTAL REVIEW
Planning staff has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project was adequately covered
in previously certified Final Program Environmental Impact Report for Otay Ranch, dated
December 1992, and the Findings of Fact for Otay Ranch GDP/SRP, dated October 28, 1993.
Therefore, no further environmental review or documentation is necessary.
RECOMMENDATION:
That the Planning Commission adopt the Resolution recommending that the City Council adopt
the RMP2 Update.
DISCUSSION:
The proposed RMP2 Update is procedural in nature, because the updated information
memorializes actions and changes that have occurred since the original RMP2 was adopted in
1996. The information provided below provides a summary of past actions to provide context and
background.
Planning Commission
October 24, 2018
Page No. 3
Background and Summary of Otay Ranch Preserve Management Related Actions
The approximately 23,000-acre Otay Ranch property is located in southwestern San Diego County,
with a portion of the project located in the City of Chula Vista (City), and a portion in
unincorporated San Diego County. City Council and the County of San Diego (County) Board
adopted the Otay Ranch General GDP/SRP on October 28, 1993. The GDP/SRP is an integrated
policy document that plans for activities within Otay Ranch in a manner that addresses planning
requirements for both the City and the County. The GDP/SRP provides a foundation for the
subsequent consideration and approval of more detailed plans and project-specific environmental
documents for the individual villages and planning areas in Otay Ranch. Subsequent permit
applications for each Village are governed separately by the City and the County. Comprehensive
resource management is an integral component of the GDP/SRP. The GDP/SRP established a land
conservation program so that as development proceeded in Otay Ranch, open space lands would
be conveyed into the Otay Ranch Preserve (Preserve) as a condition of approval for Sectional
Planning Area (SPA) Plans that guide project-specific development.
To guide protection and management of sensitive resources located within the Preserve, a
Resource Management Plan (RMP) was required to be prepared. The GDP/SRP envisioned
development of the RMP for Otay Ranch in two phases the RMP1 was adopted by the City and
the County in 1993 with approval of the GDP/SRP. RMP1 establishes goals and objectives for
resource management, and also includes policies, standards, and guidelines from the GDP/SRP to
guide future development within Otay Ranch and management and monitoring activities within
the Preserve. Intentions of the RMP2 are discussed below.
Phase 2 Resource Management Plan Previous Actions
The GDP/SRP envisioned that the RMP2 would provide an implementation strategy to meet the
resource protection goals, objectives, policies, standards, and guidelines established in the
GDP/SRP and RMP1. RMP2 was originally prepared and considered by the City and the County
in 1996. The City adopted RMP2 in its entirety on June 4, 1996 and amended portions of the
document related to the Conveyance Plan in 1998 and 2006. In 1998 the Conveyance Plan was
amended to expand conveyance beyond SPA One and enlarge the first area of conveyance to
include all high-priority biological resource areas. In 2006, acknowledging that the majority of
prioritized land had already been conveyed to the Preserve Owner/Manager (POM), the City
Council approved elimination of the Conveyance Plan. The Board adopted portions of RMP2 in
1996 but did not adopt
the document in its entirety. The Board also amended the Conveyance Plan in 2002 and 2007 but
again did not adopt the RMP2 in its entirety in either 2002 or 2007 as development had not
progressed within the unincorporated area of Otay Ranch. In 1996, City Council and the Board
authorized the formation of the POM through a Joint Powers Agreement of the City and the
County. The POM is responsible for managing the Preserve in perpetuity.
Summary of Current Actions Purpose and Need for the RMP2 Update
the RMP2 in its entirety. This is the first comprehensive update to the RMP2 since the City
originally adopted the document in 1996. Since adoption of the GDP/SRP, the City and County
adopted their respective Multiple Species Conservation Program (MSCP) Subarea Plans. There
have also been changes in land ownership, improvements to biological monitoring protocols, and
the Preserve is in the process of being assembled. The proposed RMP2 Update includes a
comprehensive accounting of the actions that affect resource management in Otay Ranch, and
Planning Commission
October 24, 2018
Page No. 4
which are necessary to bring the RMP up to date with current information. If adopted, the RMP2
Update will replace the existing 1996 RMP2, which includes amendments from 2002 and 2006.
The Board adopted the RMP2 Update on September 12, 2018.
ANALYSIS
Consistency with the Otay Ranch GDP/SRP and RMP1
The GDP/SRP contains a policy that acknowledges that Otay Ranch Implementation Documents
may be amended or updated in response to changing conditions. Many actions and changes have
occurred to land use plans, habitat conservation plans, ownership, and biological management and
monitoring standards since the GDP/SRP was adopted in 1993. Additionally, the RMP1
acknowledges that the subsequent RMP2 would include additional studies and research to refine
the Preserve boundary, which was mapped at a broad scale in the previous RMP documents.
The changes proposed in the RMP2 Update memorialize: 1) boundary changes that have occurred
due to GDP/SRP amendments; 2) past conveyances and project anticipated future conveyances; 3)
the way in which the (POM) functions and will continue to function under the current Joint Powers
Agreement; 4) the progress made toward meeting GDP/SRP and RMP1 policies related to
biological and cultural resources; and 5) biological updates to the Biota Monitoring Program
consistent with current practices and standards, clarifications regarding implementation of a long-
term Raptor Management Program for Otay Ranch, and finalized boundaries for the Vernal Pool
Preservation Area. The changes included in the RMP2 Update improve resource management in
Otay Ranch and are consistent with the original intent of the GDP/SRP and RMP1. No changes
are proposed to the amount, intensity, or location of land development approved under the
GDP/SRP. Changes to the original RMP2 included in the RMP2 Update are summarized below.
1. Preserve Boundary & Acreage Changes
The Preserve boundary has been refined since adoption of the RMP1 and approval of the
1996 Otay Ranch Conveyance Plan. Calculations using more accurate Geographic
Information System (GIS) based data. Additionally, refinements have been made to the
Preserve boundary through amendments to the GDP/SRP and at Final Map.
2. Conveyance Summary & Projections
The RMP2 Update includes an updated conveyance forecast based on previous
development approvals, approved SPA plans, and the land use plan in the most recently
adopted GDP/SRP. As of December 2017, a total of 5,850 acres of land is designated as
Preserve within the GDP/SRP. Based on current forecasts, future development in Otay
Ranch may not result in the POM-managed Preserve size that was originally anticipated
by the GDP/SRP. The full conveyances are not anticipated for a variety of reasons,
including errors in assumptions made in the GDP/SRP and higher densities approved that
required more common use areas which are not required to convey open space lands to the
POM. The POM allows for acquisition of Preserve lands by third parties for conservation
or to mitigate for impacts from non-Otay Ranch projects. It is anticipated that any Preserve
land not conveyed to the POM as a result of development within Otay Ranch would be
conserved by third party acquisitions or remain in their currently undeveloped state due to
the GDP/SRP and MSCP designations which prohibits development of lands within the
Preserve.
3. POM Management Structure & Funding
Planning Commission
October 24, 2018
Page No. 5
The RMP2 Update includes the management structure and annual operating budget for the
POM. The RMP2 reflects the current POM management structure, including information
about the Preserve Steward/Biologist that was retained in 2009 to provide technical
expertise, monitor sensitive biological resources, and implement stewardship within the
Preserve. The RMP2 Update does not make any changes to the structure or management
of the POM, rather it comprehensively explains the way the POM currently functions and
will continue to function under the existing Joint Powers Agreement. The updates include
the City adopted Preserve Maintenance District, Community Facility District (CFD) No.
97-2, and Special Tax Report, which created a perpetual source of funding for maintaining
Preserve lands conveyed to the POM as a result of development in the City. The RMP2
Update does not modify or make changes to how funding is collected.
The County does not yet have an identified source of funding for Preserve lands because
no Specific Plans have been approved. The RMP2 Update clarifies that prior to the
tay
Ranch, the County will consider approval of a CFD or similar funding mechanism to fund
POM management and monitoring of conveyed Preserve lands in perpetuity.
4. Status of RMP1 Policies
The RMP1 includes policies, standards, and guidelines from the GDP/SRP to reduce
impacts from development and guide future management and monitoring activities within
the Preserve. Many GDP/SRP policies and standards were considered fulfilled by the
preparation of the RMP1. The GDP/SRP and RMP1 also indicated that many of the
policies, standards, and guidelines related to biological, cultural, agricultural, and scenic
resources are to be fulfilled by the preparation of a RMP2 or implemented as ongoing
policies to guide future development and Preserve management. The RMP2 Update
includes an updated matrix of the policies and standards outlined in RMP1 and a summary
of their implementation status.
5. Biological Monitoring and Management
Biota Monitoring Program: Priority biological resources and their monitoring
methodologies have changed within Otay Ranch and across the San Diego region requiring
adjustments to the Biota Monitoring Program in the Management Plan. Updates to the
Biota Monitoring Program will improve management and monitoring of biological
resources within the Preserve and have been specifically included in the RMP2 Update to
ensure consistency with regional priorities and monitoring standards, and the MSCP
Subarea Plans for the City and the County.
Consistency with the Multiple Species Conservation Program Subarea Plan
Following the listing of the coastal California gnatcatcher as a federally threatened species in 1993,
jurisdictions within the San Diego region pursued a broad-based resource conservation strategy by
implementing a series of joint Natural Community Conservation Plans/Habitat Conservation Plans
through the MSCP. The City adopted its MSCP Subarea Plan
Subarea Plan identifies a series of focused planning areas within which some lands will be
dedicated for preservation of native habitats and provides take authorization for Quino checkerspot
butterfly and the 85 species covered by the MSCP within specified areas.
T
relies on the RMP1 and RMP2 as the framework for the conservation and
Planning Commission
October 24, 2018
Page No. 6
management of biological resources within Otay Ranch. Both RMP1 and RMP2 are incorporated
Plan for Otay Ranch. In
that the RMP may be amended by the City through the use of its jurisdictional authority without
ith the goals of
CONCLUSION
The RMP2 Update brings the document up-to-date with current Otay Ranch Preserve management
structure and annual operating budget, ownership, biological monitoring and management
requirements and includes the current status of Otay Ranch development and Preserve assembly
and GDP/SRP and RMP1 policies related to biological and cultural resources.
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 Commission member,
of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
FISCAL IMPACT
There is no fiscal impact associated with these recommendations. If approved, there will be no
change in net General Fund cost and no additional staff time. Management of the Otay Ranch
Preserve is funded through CFD 97-2. As County Villages are approved, the County will condition
the projects to establish and contribute towards a
97-2 to manage the Preserve lands that will be conveyed to the POM associated with Otay Ranch
development projects located within the unincorporated County.
ATTACHMENTS
1. Draft Otay Ranch Phase 2 Resource Management Plan Update
2. Planning Commission Resolution MPA18-0013
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Attachment 2
RESOLUTION NO. MPA18-0013
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT
THE OTAY RANCH PHASE 2 RESOURCE MANAGEMENT PLAN
UPDATE WHICH WILL BRING THE DOCUMENT UP-TO-DATE WITH
CURRENT OTAY RANCH PRESERVE MANAGEMENT STRUCTURE
AND ANNUAL OPERATING BUDGET, OWNERSHIP, BIOLOGICAL
MONITORING AND MANAGEMENT REQUIREMENTS AND
INCLUDES THE CURRENT STATUS OF OTAY RANCH
DEVELOPMENT AND OTAY RANCH PRESERVE ASSEMBLY AND
OTAY RANCH GENERAL DEVELOPMENT PLAN/SUBREGIONAL
PLAN AND PHASE 1 RESOURCE MANAGEMENT PLAN POLICIES
RELATED TO BIOLOGICAL AND CULTURAL RESOURCES
WHEREAS, on October 28, 1998, City Council adopted the Otay Ranch General
Development Plan (GDP) which provides major policies, recommendations and implementation
measures to guide development of Otay Ranch; and
WHEREAS, on October 28, 1998, City Council also adopted the Otay Ranch Phase 1
Resource Management Plan (RMP1) which provides policies, standards, and guidelines from the
GDP to reduce impacts from development and guide future management and monitoring
activities within the Otay Ranch Preserve (Preserve); and
WHEREAS, on June 4, 1996, City Council adopted the Otay Ranch Phase 2 Resource
Management Plan (RMP2) which provides an implementation strategy to meet the resource
protection goals, objectives, policies, standards, and guidelines established in the GDP and
RMP1; and
WHEREAS, the City Council amended the RMP2 on November 10, 1998 and May 23,
2006 to address changes in the circumstances related to the Otay Ranch since the approval of the
original RMP2 and acknowledging that the majority of prioritized land had already been
conveyed to the Preserve Owner/Manager (POM); and
WHEREAS, this is the first comprehensive update to RMP2 since its original approval
that will bring the document up-to-date with current Preserve management structure and annual
operating budget, ownership, biological monitoring and management requirements and includes
the current status of Otay Ranch development and Preserve assembly and GDP/Subregional Plan
(SRP) and RMP1 policies related to biological and cultural resources; and
WHEREAS, the Director of Development Services has reviewed the project for
compliance with the California Environmental Quality Act (CEQA) and determined that the
project was adequately covered in previously certified Final Program Environmental Impact
Report for Otay Ranch, dated December 1992, and the Findings of Fact for Otay Ranch GDP,
dated October 28, 1993. Therefore, no further environmental review or documentation is
required; and
PC Resolution MPA18-0013
October 24, 2018
Page 2
WHEREAS, the Director of Development Services set the time and place for a hearing
on the project and notice of the said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City at least 10 days prior to the hearing;
and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter
closed.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby makes the following findings:
1. That the proposed project is consistent with the Otay Ranch GDP and RMP1
The GDP contains a policy that acknowledges that Otay Ranch Implementation Documents
may be amended or updated in response to changing conditions. Many actions and changes
have occurred to land use plans, habitat conservation plans, ownership, and biological
management and monitoring standards since the GDP was adopted in 1993. Additionally, the
RMP1 acknowledges that the subsequent RMP2 would include additional studies and
research to refine the Preserve boundary, which was mapped at a broad scale in the previous
RMP documents.
2. The proposed project is consistent with the Multiple Species Conservation
Program Subarea Plan
The City adopted its Multiple Species Conservation Program (MSCP) Subarea Plan on May
which some lands will be dedicated for preservation of native habitats, and provides take
authorization for Quino checkerspot butterfly and the 85 species covered by the MSCP
within specified areas. Tdesignates village developments in
relies on the RMP1 and RMP2 as the framework for
the conservation and management of biological resources within Otay Ranch. Both RMP1
and RMP2 ppended
as the Framework Management Plan for Otay Ranch. In anticipation of the need for updates,
CP Subarea Plan if
Plan.
BE IT FURTHER RESOLVED, that the Planning Commission, based on the findings
above, hereby makes the recommendation to City Council to adopt the Otay Ranch Phase 2
Resource Management Plan Update.
PC Resolution MPA18-0013
October 24, 2018
Page 3
Presented by: Approved as to form by:
_________________________ _____________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 10th day of October 2018, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Gabe Gutierrez, Chair
ATTEST:
____________________________
Patricia Salvacion, Secretary
Item: __5___
Meeting Date: 10/24/18
ITEM TITLE: PUBLIC HEARING: Consideration of MPA18-0010, minor
amendments to Chula Vista Municipal Code (CVMC) Section 19.58.022
(Accessory Dwelling Units).
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 Section 19.58.022
(Accessory Dwelling Units); Chapter 19.26 (One and Two-Family
Residence Zone); and Chapter 19.28 (Apartment Residential Zone) with
regard to Accessory Dwelling Units.
SUBMITTED BY: Michael W. Walker, Senior Planner
REVIEWED BY: Kelly Broughton, Director of Development Services
INTRODUCTION
The item for consideration is minor amendments to the Accessory Dwelling Unit (ADU)
Ordinance No. 3423 that was adopted by the City Council on April 24, 2018. Since the
ordinance has been in effect, staff has received several concerns from customers regarding Chula
Vista Municipal Code (CVMC) Section 19.58.022(C)(9), which requires a separate water and
sewer connection for new detached ADUs. Staff is bringing the ADU Ordinance forward to
remove this requirement, make other minor amendments, and correct some grammatical errors.
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
; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the action is not subject to CEQA. In
addition, notwithstanding 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 because it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment. Therefore, no further
environmental review is required.
RECOMMENDATION
That the Planning Commission recommend to the City Council adoption of the proposed minor
amendments to the ADU Ordinance.
PC Resolution MPA18-0010
October 24, 2018
Page -2-
DISCUSSION
The recently passed State laws AB 494 and SB 229 do not preclude jurisdictions from requiring
separate water and sewer connections for new detached ADUs. Chula Vista opted to include this
as a requirement in the ADU Ordinance. Following the ordinance, staff has heard
customer concerns regarding this requirement stating that it is cost prohibitive to build a new
detached ADU. Staff reviewed CVMC Section 19.58.022(C)(9), and surveyed several
municipalities in the State and found that these municipalities do not require a separate water and
sewer connection. Staff agrees that it may be cost prohibitive to build a new detached ADU with
the separate water and sewer connection requirement, and recommends removing this
requirement. The ADU Ordinance amendment will retain compliance with State law.
While reviewing the existing ordinance, staff made minor amendments to certain sections for
clarification, and also found some minor grammatical errors that need to be corrected.
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 Commissioner of
any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
CONCLUSION
The minor amendments to the ADU Ordinance will retain compliance with State law and
continue to facilitate affordable housing development.
FISCAL IMPACT
There is no fiscal impact associated with the proposed minor amendments.
ATTACHMENTS
1. Resolution
2. Strikeout Underline CVMC for Section 19.58.022
RESOLUTION NO. MPA18-0010
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 SECTION
19.58.022 (ACCESSORY DWELLING UNITS); CHAPTER 19.26
(ONE AND TWO-FAMILY RESIDENCE ZONE); AND CHAPTER
19.28 (APARTMENT RESIDENTIAL ZONE) WITH REGARD TO
ACCESSORY DWELLING UNITS
WHEREAS, on April 24, 2018, the City Council adopted Accessory Dwelling Unit
(ADU) and Junior Accessory Dwelling Unit (JADU) Ordinance No. 3423, regulating ADU and
JADU development; and
WHEREAS, Chula Vista Municipal Code (CVMC) Section 19.58.022(C)(9) requires a
separate water and sewer connection for new detached ADUs; and
WHEREAS, since the ADU Ordinance went into effect, staff has heard customer
concerns regarding the separate water and sewer connection requirement stating that this is cost
prohibitive to build a new detached ADU; and
WHEREAS, staff reviewed the recently passed State laws AB 494 and SB 229 and found
that these laws do not preclude jurisdictions from requiring a separate water and sewer
connection for new detached ADUs; and
WHEREAS, staff surveyed several municipalities in the State and found that these
municipalities do not require a separate water and sewer connection; and
WHEREAS, staff agrees that the separate water and sewer connection requirement for
new detached ADUs may be cost prohibitive for property owners; and
WHEREAS, the ADU Ordinance will retain compliance with State law with the removal
of the separate water and sewer connection requirement; and
WHEREAS, staff made additional minor amendments to clarify content in certain
sections in the ADU Ordinance; and
WHEREAS, staff found some minor grammatical errors in the ADU Ordinance that need
to be corrected; and
WHEREAS, staff prepared said minor amendments to the ADU Ordinance; and
WHEREAS, the Director of Development Services reviewed the proposed legislative
action for compliance with the California Environmental Quality Act (CEQA) and determined
PC Resolution MPA18-0010
October 24, 2018
Page -2-
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the action is not subject
to CEQA. In addition, notwithstanding 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 because it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment. Therefore, no further
environmental review is required; and
WHEREAS, a hearing time and place was set by the Planning Commission to consider
the minor ADU Ordinance 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 held a duly noticed public hearing to consider
said minor ADU Ordinance 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 an ordinance amending
Chula Vista Municipal Code Section 19.58.022 (Accessory Dwelling Units); Chapter 19.26
(One and Two-Family Residence Zone); and Chapter 19.28 (Apartment Residential Zone) with
regard to Accessory Dwelling Units.
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, FSLA Glen Goggins
Director of Development Services City Attorney
PC Resolution MPA18-0010
October 24, 2018
Page -3-
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this _____ day of ____________, 2018, by the following vote,
to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Gabe Gutierrez, Chair
ATTEST:
_______________________
Patricia Salvacion, Secretary
ORDINANCE NO.________
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE,
SECTION 19.58.022 (ACCESSORY DWELLING
UNITS); CHAPTER 19.26 (ONE AND TWO-FAMILY
RESIDENCE ZONE); AND CHAPTER 19.28
(APARTMENT RESIDENTIAL ZONE); WITH REGARD
TO ACCESSORY DWELLING UNITS
WHEREAS, in January 2017, the State of California enacted the following laws:
Senate Bill 1069; Assembly Bill 2299; and Assembly Bill 2406; and in January 2018
Senate Bill 229; and Assembly Bill 494 to address the statewide affordable housing
demand by requiring a ministerial approval process and limiting regulatory requirements
for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs);
and
WHEREAS, on April 24, 2018, the City Council adopted Accessory Dwelling Unit
(ADU) and Junior Accessory Dwelling Unit (JADU) Ordinance No. 3423, regulating
ADU and JADU development; and
WHEREAS, Chula Vista Municipal Code (CVMC) Section 19.58.022(C)(9)
requires a separate water and sewer connection for new detached ADUs; and
WHEREAS, since the ADU Ordinance went into effect, staff has heard customer
concerns regarding the separate water and sewer connection requirement stating that this
is cost prohibitive to build a new detached ADU; and
WHEREAS, staff reviewed the recently passed State laws AB 494 and SB 229 and
found that these laws do not preclude jurisdictions from requiring a separate water and
sewer connection for new detached ADUs; and
WHEREAS, staff surveyed several municipalities in the State and found that these
municipalities do not require a separate water and sewer connection; and
WHEREAS, staff agrees that the separate water and sewer connection requirement
for new detached ADUs may be cost prohibitive for property owners; and
WHEREAS, the ADU Ordinance will retain compliance with State law with the
removal of the separate water and sewer connection requirement; and
WHEREAS, staff made additional minor amendments to clarify content in certain
sections in the ADU Ordinance; and
WHEREAS, staff found some minor grammatical errors in the ADU Ordinance
that need to be corrected; and
WHEREAS, staff prepared said minor amendments to the ADU Ordinance; and
WHEREAS, on October 24, 2018 the City of Chula Vista Planning Commission
held an advertised public hearing on the ADU Ordinance minor amendments and voted
X-X-X-X to adopt Resolution No. MPA18-0010 and thereby recommended that the City
Council adopt the ADU Ordinance minor amendments; and
WHEREAS, the City Council reviewed the proposed legislative action for
compliance with the California Environmental Quality Act (CEQA) and determined that
the action is not a “Project” as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
action is not subject to CEQA. In addition, notwithstanding the foregoing, the City
Council has also determined that the action qualifies for an Exemption pursuant to
Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment. Therefore, no further environmental review is required; and
WHEREAS, the City Council set the time and place for a hearing on the subject
ADU Ordinance minor 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
days prior to the hearing; and
WHEREAS, the City Council held a duly noticed public hearing on said ADU
Ordinance minor amendments at a time and place as advertised in the Council Chambers
located at 276 Fourth Avenue and said hearing was therefore closed.
NOW THEREFORE the City Council of the City of Chula Vista does hereby
ordain as follows:
Section I.
Section 19.58.022 Accessory Dwelling Units
19.58.022 Accessory dwelling units.
A. The purpose of this section is to provide regulations for the establishment of accessory
dwelling units in compliance, inter alia, with California Government Code Section
65852.2. Said units may be located in residential zone districts where adequate public
facilities and services are available. Accessory dwelling units are a potential source of
affordable housing and shall not be considered in any calculation of allowable density for
the lot upon which they are located, and shall also be deemed consistent with the General
Plan and zoning designation of the lot as provided. Accessory dwelling units shall not be
considered a separate dwelling unit for the purpose of subdividing the property into
individual condominium or lot ownership.
B. For the purposes of this section, the following words are defined:
“Above” shall mean an accessory dwelling unit that is attached, and built over a primary
residence including an attached garage, or above a detached garage or similar building in
the rear yard.
“Accessory dwelling unit” shall mean an attached or detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family dwelling is situated. An accessory dwelling unit also
includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
“Attached” shall mean a wall, floor, or ceiling of an accessory dwelling unit is shared
with the primary residence on the property.
“Basement” shall mean the same as defined in CVMC 19.04.026.
“Behind” shall mean an accessory dwelling unit constructed either entirely between the
rear of the primary residence and the rear property line, or at the side of the primary
residence, and set back from the front plane of the primary residence at least 50 percent
of the distance between the front and back planes of the primary residence (Exhibit B.1).
“Buildable pad area” shall mean the level finish grade of the lot not including slopes
greater than 50 percent grade (Exhibit B.2).
“Detached” shall mean an accessory dwelling unit separated from the primary residence
as specified in subsection (C)(5)(d) of this section.
“Living area” shall mean the interior habitable area of a dwelling unit including
basements and attics, but does not include garages or any accessory structure.
“Primary residence” shall mean a proposed or existing single-family dwelling constructed
on a lot as the main permitted use by the zone on said parcel.
“Tandem parking” shall mean two or more vehicles parked on a driveway or in any other
location on the lot lined up behind one another.
C. Accessory dwelling units shall be subject to the following requirements and
development standards:
1. Zones. Accessory dwelling units may accompany a proposed or an existing primary
residence in single family zones, on multifamily zoned lots developed with a single-
family residence, or similarly zoned lots in the Planned Community (PC) zone.
Accessory dwelling units or junior accessory dwelling units are not permitted on lots
developed with condominiums, townhomes, apartments, or similar multifamily
developments. Construction of a primary residence can be in conjunction with the
construction of an accessory dwelling unit. Where a guesthouse or other similar
accessory living space exists, accessory and junior accessory dwelling units are not
permitted. The conversion of a guest house, other similar living areas, or other accessory
structures into an accessory dwelling unit is permitted, provided the conversion meets the
intent and property development standards of this section, and all other applicable CVMC
requirements. Accessory dwelling units shall not be permitted on lots within a Planned
Unit Development (PUD), unless an amendment to the PUD is approved and specific
property development standards are adopted for the construction of said dwelling units
for lots within the PUD.
2. Unit Size. The total floor space of an attached or detached accessory dwelling unit
shall not exceed 50 percent of the living area of the primary residence or 1,200 square
feet whichever is less. The original buildable pad area of a lot may be increased through
regrading and/or use of retaining walls or structures as allowed for a specific lot.
3. Unit Location. Accessory dwelling units are prohibited in the required front setback.
4. Height. An accessory dwelling unit, as measured from the ground, shall not exceed the
height limit for the primary residence in accordance with the underlying zone.
5. Development Standard Exceptions. Accessory dwelling units shall conform to the
underlying zoning and land use development requirements for primary residences with
the following exceptions:
a. New detached single-story accessory dwelling units are allowed a setback of no less
than five feet from the side and rear lot lines.
b. For lots with up-slopes between the property line and the side or rear of the house,
required yard setbacks are measured from the toe of slope.
c. For lots with down-slopes between the property line and the side or rear of the house,
required yard setbacks shall be measured from the top of slope.
d. A new detached accessory dwelling unit shall be located a minimum of 6 feet from a
primary residence.
e. No setback shall be required for an existing garage that is converted to an accessory
dwelling unit or to a portion of an accessory dwelling unit, and a setback of no less than
five feet from the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
6. Lot Coverage. Other than conversions of other structures, new accessory dwelling
units and all other structures on the lot are limited to the maximum lot coverage permitted
according to the underlying zone. Other than conversions of other structures, a new
detached accessory dwelling unit and all other detached accessory structures combined,
shall not occupy more than 30 percent of the required rear yard setback.
7. Parking. Parking for an accessory dwelling unit is not required in any of the following
instances:
i. The accessory dwelling unit is within one-half mile from a public transit stop.
ii. The accessory dwelling unit is within an architecturally and historically
significant historic district.
iii. The accessory dwelling unit is part of a proposed or existing primary residence or
an existing accessory structure.
iv. The accessory dwelling unit is in an area where on-street parking permits are
required, but not offered to the occupant of the accessory dwelling unit.
v. The accessory dwelling unit is located within one block of a car share area.
8. Accessory dwelling units not meeting any of the above requirements shall be subject to
the following access and parking regulations:
a. Parking. Parking requirements for accessory dwelling units shall not exceed one
parking space per unit or per bedroom, whichever is less. Parking spaces may be
provided in tandem on an existing driveway, provided that access to the garage for the
primary residence is not obstructed. Off-street parking shall be permitted in setback areas
in locations or through tandem parking, unless specific findings are made that parking in
setback areas or tandem parking is not feasible based upon specific site or regional
topographical or fire and safety conditions.
b. The required parking space(s) shall be on the same lot as the accessory dwelling unit.
This parking is in addition to the parking requirements for the primary residence as
specified in CVMC 19.62.170.
c. Notwithstanding CVMC 19.62.190, when a garage, carport, or covered parking
structure is demolished in conjunction with the construction of an accessory dwelling
unit, or is converted to an accessory dwelling unit that was previously used by the
primary residence, replacement parking shall be provided prior to, or concurrently with,
the conversion of the garage into the accessory dwelling unit. The replacement parking
may be located in any configuration on the same lot as the accessory dwelling unit,
including, but not limited to, covered spaces, uncovered spaces, tandem spaces, or by the
use of mechanical automobile parking lifts. If the existing driveway is no longer
necessary for access to the converted garage or other required parking, said driveway
may be used to satisfy the required parking for the accessory dwelling unit when not
exempt from CVMC 19.58.022(C)(7).
d. Access to all required parking shall be from a public street, alley or a recorded access
easement. Access from a designated utility easement or similar condition shall not be
permitted. For any lot proposing an accessory dwelling unit and served by a panhandle or
easement access, the access must be a minimum 20 feet in width.
e. Curb cuts providing access from the public right-of-way to on-site parking spaces shall
be acceptable to the City Engineer. A construction permit from the City Engineer shall be
obtained for any new or widened curb cuts.
f. Required parking spaces or required maneuvering area shall be free of any utility poles,
support wires, guard rails, stand pipes or meters, and be in compliance with CVMC
19.62.150.
g. When a required parking space abuts a fence or wall on either side, the space shall be a
minimum of 10 feet wide. If this area also serves as the pedestrian access from an
accessory dwelling unit to the street, the paving shall be a minimum 12 feet wide.
h. All required parking spaces shall be kept clear for parking purposes only.
9. Utilities. An accessory dwelling unit may be served by the same water and sewer
lateral connections that serve the primary residence. A separate electric meter and address
may be provided for the accessory dwelling unit.
10. Design Standards. The lot shall retain a single-family appearance by incorporating
matching architectural design, building materials and colors of the primary residence with
the accessory dwelling unit, and any other accessory structure built concurrently with the
accessory dwelling unit. However, the primary residence may be modified to match the
new accessory dwelling unit. The accessory dwelling unit shall be subject to the
following development design standards:
a. Matching architectural design components shall be provided between the primary
residence, accessory dwelling unit, and any other accessory structures. These shall
include, but are not limited to:
i. Window and door type, style, design and treatment;
ii. Roof style, pitch, color, material and texture;
iii. Roof overhang and fascia size and width;
iv. Attic vents color and style;
v. Exterior finish colors, texture and materials
b. A useable rear yard open space of a size at least equal to 50 percent of the required rear
yard area of the underlying zone shall be provided contiguous to the primary residence.
Access to this open space shall be directly from a common floor space area of the
primary residence such as living or dining rooms, kitchens or hallways, and without
obstruction or narrow walkways.
c. A useable open space that has a minimum dimension of six feet and an area not less
than 60 square feet in area shall be provided contiguous to an accessory dwelling unit. A
balcony or deck may satisfy this requirement for second story units.
d. Windows on second story accessory dwelling units should be staggered and oriented
away from adjacent residences closer than 10 feet. The location and orientation of
balconies or decks shall also be oriented away from adjacent backyards and living space
windows.
e. Trash and recycling containers must be stored between pick-up dates in an on-site
location that is screened from public view and will not compromise any required open
space areas.
11. Designated Historical Sites. An accessory dwelling unit may be allowed on
designated or historical sites, provided the location and design of the accessory dwelling
unit meets corresponding historical preservation requirements in place at the time the
accessory dwelling unit is built, and complies with the requirements of this section
including the following:
a. The accessory dwelling unit shall be located behind a primary residence that is
determined to be a historic resource.
b. The construction of the accessory dwelling unit shall not result in the removal of any
other historically significant accessory structure, such as garages, outbuildings, stables or
other similar structures.
c. The accessory dwelling unit shall be designed as to have a distinguishable architectural
style and finished materials composition from the historic primary residence or structure.
d. Construction of an accessory dwelling unit shall not result in demolition, alteration or
movement of any historic structures and any other on-site features that convey the
historic significance of the structure and site.
e. If an historic house/site is under a Mills Act contract with the City, the contract shall be
amended to authorize the introduction of the accessory dwelling unit on the site.
12. Occupancy Requirement. At the time of building permit submittal, and continuously
thereafter, the property owner(s) shall reside on the lot on which the accessory dwelling
unit is located or constructed. The Zoning Administrator shall have the authority to
suspend this occupancy requirement for a period not to exceed five years when evidence
has been submitted that one of the following situations exists:
a. The property owner’s health requires them to temporarily live in an assisted living or
nursing facility.
b. The property owner is required to live outside the San Diego region as a condition of
employment or military service.
c. The property owner is required to live elsewhere to care for an immediate family
member.
d. The property owner has received the property as the result of the settlement of an
estate.
13. Land Use Agreement. Concurrent with the issuance of building permits for the
construction of an accessory dwelling unit, the property owner shall sign and notarize a
land use agreement which sets forth the occupancy and use limitations prescribed in this
section. This agreement will be recorded with the County of San Diego Recorder on title
to the subject property. This agreement shall run with the land, and inure to the benefit of
the City of Chula Vista.
14. Accessory dwelling units shall not be required to provide fire sprinklers if they are
not required for the primary residence.
15. Recordation of a deed restriction is required, which shall run with the land, shall be
filed with the permitting agency, and shall include both of the following:
(a) A prohibition on the sale of the accessory dwelling unit separate from the sale of the
single-family residence, including a statement that the deed restriction may be enforced
against future purchasers.
(b) A restriction on the size and attributes of the accessory dwelling unit that conforms to
this section.
19.58.023 Junior Accessory Dwelling Units.
A. Definition: “Junior accessory dwelling unit” shall mean a unit that is no more than 500
square feet in size and contained entirely within an existing single-family residence. A
junior accessory dwelling unit may include separate sanitation facilities, or may share
sanitation facilities with the existing residence.
B. In single-family residential zones, a junior accessory dwelling unit is permitted and
shall meet all of the following:
1) One junior accessory dwelling unit per residential lot zoned for single-family
residences with a single-family residence already built, and no ADU or guest house exists
on the lot.
2) Owner-occupancy is required in the single-family residence in which the junior
accessory dwelling unit will be permitted. The owner may reside in either the remaining
portion of the residence or the newly created junior accessory dwelling unit. Owner-
occupancy shall not be required if the owner is another governmental agency, land trust,
or housing organization.
3) Recordation of a deed restriction is required, shall run with the land, and shall be
filed with the permitting agency, and shall include both of the following:
(a) A prohibition on the sale of the junior accessory dwelling unit separate from
the sale of the single-family residence, including a statement that the deed restriction may
be enforced against future purchasers.
(b) A restriction on the size and attributes of the junior accessory dwelling unit
that conforms to this section.
4) A permitted junior accessory dwelling unit shall be constructed within the existing
walls of the single-family residence and require the inclusion of an existing bedroom.
5) A separate entrance from the main entrance to the single-family residence is
required, with an interior entry to the main living area. A permitted junior accessory
dwelling may include a second interior doorway for sound attenuation.
6) An efficiency kitchen for the junior accessory dwelling unit is required, and shall
include:
(a) A sink with a maximum waste line diameter of one and one-half inches.
(b) A cooking facility with appliances that do not require electrical service greater
than 120 volts or natural or propane gas.
(c) A food preparation counter and storage cabinets that are of reasonable size in
relation to the size of the junior accessory dwelling unit.
C. Additional parking is not required for a junior accessory dwelling unit.
D. For purposes of providing service for water, sewer, or power, including a connection
fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling
unit.
Section II.
Chapter 19.26 R-2 – ONE- AND TWO-FAMILY RESIDENCE ZONE
19.26.030 Accessory uses and buildings.
The following are the accessory uses permitted in an R-2 zone:
G. Accessory dwelling units on lots developed with a proposed or existing single-family
dwelling, subject to the provisions of CVMC 19.58.022;
Section III.
Chapter 19.28 R-3 – APARTMENT RESIDENTIAL ZONE
19.28.030 Accessory uses and buildings.
Accessory uses and buildings in the R-3 zone include:
H. Accessory dwelling units on lots developed with a proposed or existing single-family
dwelling, subject to the provisions of CVMC 19.58.022.
Section IV. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability
or unconstitutionality shall not affect the validity or enforceability of the remaining
portions of the Ordinance, or its application to any other person or circumstance. The
City Council of the City of Chula Vista hereby declares that it would have adopted each
section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one
or more other sections, sentences, clauses or phrases of the Ordinance be declared
invalid, unenforceable or unconstitutional.
Section V. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be
construed in light of that intent.
Section VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final
passage.
Section VII. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall cause the same to be published or posted according to law.
Presented by: Approved as to form by:
_____________________________________ ____________________________
Kelly G. Broughton, FASLA Glen R. Googins
Director of Developmental Services City Attorney