HomeMy WebLinkAboutOrd 2018-3442ORDINANCE NO. 3442
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF TITLE 19 “PLANNING AND
ZONING” OF THE CITY OF CHULA VISTA MUNICIPAL
CODE TO ADDRESS COMPLIANCE WITH STATE LAWS
GOVERNING SUPPORTIVE RESIDENTIAL USES, AS
DEFINED IN CHAPTER 19.04 “DEFINITIONS,” AND FOUND
IN CHAPTERS 19.14 “ADMINISTRATIVE PROCEDURES –
PERMITS – APPLICATIONS – HEARINGS - APPEALS,” 19.16
“EXCEPTIONS AND MODIFICATIONS,” 19.20
“AGRICULTURAL ZONE,” 19.28 “R-3 – APARTMENT
RESIDENTIAL ZONE,” 19.38 “C-V – VISITOR COMMERCIAL
ZONE,” 19.40 “C-T - THOROUGHFARE COMMERCIAL
ZONE,” 19.44 “I-L - LIMITED INDUSTRIAL ZONE,” 19.48 “P-
C – PLANNED COMMUNITY ZONE”, 19.54 “UNCLASSIFIED
USES,” 19.58 “USES,” AND 19.62 “OFF-STREET PARKING
AND LOADING” TO DEFINE AND ESTABLISH
PROCEDURES TO PERMIT EMERGENCY SHELTERS,
SINGLE ROOM OCCUPANCY RESIDENCES,
TRANSITIONAL AND SUPPORTIVE HOUSING, QUALIFIED
EMPLOYEE HOUSING, AND RESIDENTIAL FACILITIES
WHEREAS, it is the policy of the City of Chula Vista (City), pursuant to the Federal Fair
Housing Act Amendments (42 U.S.C. Section 3601), hereinafter “FHAA,” the California Fair
Employment and Housing Act, hereinafter “Fair Housing Laws,” and the Housing Element of
the City’s General Plan to facilitate housing for individuals with disabilities and those in need of
emergency shelter, and to facilitate housing affordable to lower-income households, through
reasonable and objective rules, policies, practices and procedures that ensure equal access to
housing in accordance with applicable laws; and
WHEREAS, pursuant to Article 10.6 of the Government Code (Article 10.6), the City, on
April 23, 2013, adopted its 2013-2020 Housing Element of the General Plan, which specifies its
goals, policies, and implementing programs to address the identified needs of the community,
including individuals with disabilities and lower-income households; and
WHEREAS, the Housing Element contains programs and policies that require
amendments to the City of Chula Vista Municipal Code in compliance with Senate Bill 2
(Chapter 644, Statutes, 2007), Assembly Bill 2634 (Chapter 892, Statutes, 2006) and Sections
17021.5 and 17021.6 of the California Health and Safety Code (qualified employee housing) to
address emergency shelters, single room occupancy residences (SROs), transitional and
supportive housing, residential facilities and qualified employee housing; and
WHEREAS, the revisions to Title 19 “Planning and Zoning” of the Chula Vista
Municipal Code contained in this Ordinance address the required amendments and provide for
greater clarification or repeal of other definitions of similar land uses such as hotels, motels,
efficiency apartments and labor camps; and
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WHEREAS, the Development Services Director has reviewed the Ordinance for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
adoption and implementation of the Ordinance amending Title 19 of the Chula Vista Municipal
Code (Municipal Code) is not a Project pursuant to State CEQA Guidelines Section 15378
because the modifications to the Municipal Code are administrative actions that will not result in
physical changes to the environment; therefore, pursuant to State Guidelines Section 15060(c)(3)
no environmental review is required. In addition, notwithstanding the foregoing, the
Development Services Director has also determined that the adoption and implementation of the
Ordinance amending Title 19 of the Municipal Code by adding definitions and procedures for
emergency shelters, single room occupancy residences, transitional and supportive housing,
residential facilities, and qualified employee housing and providing for greater clarification or
repealing of other definitions of similar land uses such as hotels, motels, efficiency apartments
and labor camps will not result in any physical development in and of itself, and thus will not
cause a significant effect on the environment. Further, the changes implement existing General
Plan policies, objectives, and programs contained in the Housing Element, and are required to be
adopted to conform with State law. The amendment therefore qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines,
which means that the activity is not subject to CEQA; and
WHEREAS, the Planning Commission and the Housing Advisory Commission held an
advertised public hearing on the subject Ordinance on September 26, 2018; and
WHEREAS, the Planning Commission voted 5-0-0 to adopt PC Resolution No. MPA 18-
0009 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the Housing Advisory Commission voted 5-0-0 to adopt HAC Resolution
No. 18-003 and thereby recommend that the City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the Municipal Code
Amendment (MPA 2018-0009) and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely October 16,
2018, at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Consistency with General Plan
The amendments provided for herein are consistent with the City of Chula Vista General
Plan and local, state, and federal law, and the public necessity, convenience, general welfare and
good zoning practice support the amendments.
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The City Council has duly considered the Staff Report, considered all recommendations
by staff and public testimony, and all other information available and believes that the Municipal
Code amendments are in the best interest of the public because they 1) establish objective
standards and, therefore, more certainty in the residential development review process; and 2)
address compliance with housing element law relative to emergency shelters, single room
occupancy residences, transitional and supportive housing, residential facilities, and qualified
employee housing. The amendments include, but are not limited to, updated and/or new
definitions for emergency shelters, single room occupancy residences, transitional and supportive
housing, residential facilities, and qualified employee housing and greater clarification or repeal
of other definitions of similar land uses such as hotels, motels, efficiency apartments, and labor
camps.
Section II. Amendment of Chula Vista Municipal Code Title 19 (Planning and Zoning)
This Ordinance amends Municipal Code Title 19, specifically Chapters 19.04
“Definitions,” 19.14 “Administrative Procedures – Permits – Applications – Hearings -
Appeals,” 19.16 “Exceptions and Modifications,” 19.20 “Agricultural Zone,” 19.28 “R-3 –
Apartment Residential Zone,” 19.38 “C-V – Visitor Commercial Zone,” 19.40 “C-T -
Thoroughfare Commercial Zone,” 19.44 “IL - Limited Industrial Zone,” 19.48 “P-C – Planned
Community Zone,” 19.54 “Unclassified Uses,” 19.58 “Uses,” and 19.62 “Off-Street Parking and
Loading” to define and establish standard procedures for the development and permitting of
emergency shelters, single room occupancy dwellings, transitional and supportive housing,
residential facilities and qualified employee housing and provide greater clarification or repeal of
other definitions of similar land uses such as hotels, motels, efficiency apartments, and labor
camps. (Added text is shown in underline format, and deleted text is shown in strike-through
format.)
A. Chapter 19.04, “Definitions” is hereby amended to add and renumber
accordingly, the definitions of “Emergency shelter,” “Qualified employee housing,” “Residence,
single room occupancy (SRO),” “Residential facility,” “Supportive housing,” and “Transitional
housing,” as follows:
19.04.089.2 Emergency shelter.
“Emergency shelter” means housing with minimal supportive services for homeless persons,
with occupancy limited to a six-month term or less by homeless persons. Emergency shelter shall
have the same meaning as defined in Section 50801(e) of the California Health and Safety Code.
19.04.191 Qualified employee housing.
“Qualified employee housing” means accommodations for employees as defined in Section
17008 of the California Health and Safety Code, as may be amended, which has qualified or
where the owner intends to qualify for a permit to operate under the Employee Housing Act
(Health & Safety Code §§ 17000 et seq.).
19.04.194.1 Residence, single room occupancy (SRO).
“Residence, single room occupancy (SRO)” means a rooming unit or efficiency living unit
located in a building containing six or more such dwellings that are offered for occupancy by
residential tenants for at least thirty consecutive days. Kitchen and bathroom facilities may be
wholly or partially included in each living space or may be fully shared.
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19.04.198.1 Residential facility.
“Residential facility” means any family home, group care facility, or similar facility, licensed by
the State of California, for 24-hour non-medical care of persons in need of personal services,
supervision or assistance essential for sustaining the activities of daily living or for the protection
of the individual.
19.04.290.1 Supportive housing.
“Supportive housing” means housing with no limit on length of stay, that is occupied by the
target population, and that is linked to an onsite or offsite service that assists the supportive
housing resident in retaining the housing, improving his or her health status, and maximizing his
or her ability to live and, when possible, work in the community (Section 65582(g) of the State
Government Code). “Target population” means persons with low incomes who have one or
more disabilities as described in Section 65582(i) of the State Government Code.
19.04.299 Transitional housing.
“Transitional housing” means buildings configured as rental housing developments, but operated
under program requirements that require the termination of assistance and recirculating of the
assisted unit to another eligible program recipient at a predetermined future point in time that
shall be no less than six months from the beginning of the assistance (Section 65582(j) of the
State Government Code).
B. Chapter 19.04, “Definitions” is hereby amended to revise or repeal the
definitions of “Agriculture,” “Crop and tree farming,” “Dwelling,” "Efficiency apartment,"
“Efficiency living unit,” “Family,” “Hotel,” and “Motor hotel, including motel and hotel,” to
specifically address qualified employee housing as an allowable use and clarify efficiency living
units within these definitions, to eliminate redundancy of terms, and to renumber accordingly, as
follows:
19.04.010 Agriculture.
“Agriculture” means the use of the land for agricultural purposes, including farming, dairying,
pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal husbandry
(excluding swine); incidental to other agricultural uses; and the necessary acces sory uses for
storing produce and qualified employee housing; provided, however, that the operation of any
such accessory use shall be secondary to that of primary uses and shall not include stockyards or
the commercial feeding of garbage or offal to animals. (Ord. 1212 § 1, 1969; prior code §
33.1401).
19.04.014 Repealed.
19.04.014 Apartment, efficiency.
“Efficiency apartment” means a dwelling unit in a multifamily building, consisting of not more
than one habitable room, together with cooking and sanitary facilities. (Ord. 1212 § 1, 1969;
prior code § 33.1401).
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19.04.062 Crop and tree farming.
“Crop and tree farming” means the raising for commercial purposes of any truck, field or orchard
crops or wholesale nurseries or greenhouses, including necessary buildings incidental to such
crop and qualified employee housing. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.074 Dwelling.
“Dwelling” means any building or portion thereof designed or used exclusively as the residence
of one or more persons, but not including a hotel/motel, tent, cabin, trailer or mobile home. (Ord.
1212 § 1, 1969; prior code § 33.1401).
19.04.088 Efficiency living unit.
“Efficiency living unit” means a dwelling unit for occupancy, which has a minimum floor area of
one hundred fifty (150) square feet and a maximum floor area of four hundred fifty (450) square
feet and which may also have partial kitchen or bathroom facilities and shall have the same
meaning as “Efficiency Unit” as defined in Section 17958.1 of the California Health and Safety
Code (Ord. 1212 § 1, 1969; prior code § 33.1401). means any room having cooking facilities and
used for combined living, dining and sleeping purposes and meeting the requirements of Section
17315 of Part 7 of the State Housing Law, Title 8, Chapter 9, Article 8
19.04.092 Repealed.
19.04.092 Family.
“Family” means an individual, or two or more persons, related by blood, marriage or adoption,
or a group including unrelated individuals bearing the generic character of and living together as
a relatively permanent bona fide housekeeping unit sharing such needs as cooking facilities.
(Ord. 2034 § 1, 1983; Ord. 1697 § 1, 1976; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.112 Hotel/motel.
“Hotel/motel” means a building or group of buildings comprised of six or more guestrooms or
suites of rooms, where a majority of such rooms are occupied, intended or designed for
occupancy by guests for temporary lodging or sleeping purposes for less than thirty (30)
consecutive calendar days, and is held out as such to the public individual sleeping or living
units without kitchens, except as otherwise provided herein, for the accommodation of transient
guests (not including hospitals, residential facilities, qualified employee housing, boarding or
lodging houses or single room occupancy residences). (Ord. 2034 § 1, 1983; Ord. 1212 § 1,
1969; prior code § 33.1401.)
19.04.156 Repealed.
19.04.156 Motor hotel, including motel and hotel.
“Motor hotel, including motel and hotel” means a building or group of buildings comprising
individual sleeping or living units, provided not more than 30 percent of the individual living
units may contain kitchen facilities. (Ord. 1212 § 1, 1969; prior code § 33.1401).
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C. Chapter 19.14 “Administrative Procedures – Permits – Applications –
Hearings – Appeals,” Section 19.14.030 “Zoning Administrator – Actions authorized
without public hearing” is hereby amended to add residential facilities for seven or more
persons, and renumber accordingly, as follows:
19.14.030 Zoning Administrator – Actions authorized without public hearing.
The Zoning Administrator is authorized to consider and to approve, disapprove or modify
applications on the following subjects, and/or issue the following required permits without
setting the matter for a public hearing:
A. Conditional Use Permit. The Zoning Administrator shall be empowered to issue conditional
use permits, as defined herein, in the following circumstances:
8. Residential facilities for seven or more persons, in accordance with CVMC 19.58.268.
9. An amendment of an existing Conditional Use Permit for a church or religious institution
that is necessary to accommodate an Emergency Shelter as an accessory use to a church or
religious institution that is permitted by right in accordance with CVMC 19.58.110.
D. Chapter 19.16 “Exceptions and Modifications,” Section 19.16.030
“Agricultural uses – Permitted when – Conditional use permit required when” is hereby
amended to include qualified employee housing as an accessory building in crop and tree
farming, as follows:
19.16.030 Agricultural uses – Permitted when – Conditional use permit required when.
Crop and tree farming and any associated qualified employee housing, as defined herein, shall be
permitted as an interim use in any zone, provided the area in which said use is located has not
been subdivided or plotted so as to result in parcels of less than one acre. Any buildings, such as
accessory farm buildings, packing sheds, wholesale nurseries, qualified employee housing, etc.,
shall be subject to a conditional use permit. (Ord. 1212 § 1, 1969; prior code § 33.1001(B)).
E. Chapter 19.20 “Agricultural Zone,” Section 19.20.030 “Accessory uses and
buildings” is hereby amended to delete housing for transient labor and renumber accordingly, as
follows:
19.20.030 Accessory uses and buildings.
Accessory uses and buildings customarily incidental to any of the above uses permitted in the
agriculture zone, subject to the regulations for such as required herein, include:
“A. Living quarters of persons regularly employed on the premises and transient labor,
maximum of two families; but not including labor camps, labor dwellings, or other
accommodations or areas for transient labor (see CVMC 19.58.200 for provisions for labor
dwellings or camps);
F. Chapter 19.20 “Agricultural Zone,” Section 19.20.040 “Conditional uses” is
hereby amended to delete housing for transient labor and renumber accordingly, as follows:
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19.20.040 Conditional uses.
The following uses shall be permitted in the A zone; provided, a conditional use permit is issued
in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be applicable,
and CVMC 19.14.050 through 19.14.090:
“E. Quarters, accommodations, or areas for transient labor in excess of two families, such
as labor dwellings or camps, subject to the provisions of CVMC 19.58.200;”
G. Chapter 19.28 “R-3 – Apartment Residential Zone,” Section 19.28.020
“Permitted uses” is hereby amended to add a single room occupancy residence and boarding or
lodging house as a permitted residential use and renumber accordingly, as follows:
19.28.020 Permitted uses.
Principal permitted uses in the R-3 zone are as follows:
G. Residence, single room occupancy (SRO).
H. Boarding or lodging houses;
H. Chapter 19.28 “R-3 – Apartment Residential Zone,” Section 19.28.040
“Conditional uses” is hereby amended to delete boarding or lodging houses as a conditional
residential use and renumber accordingly, as follows:
19.28.040 Conditional uses.
The following uses shall be permitted in the R-3 zone; provided, a conditional use permit is
issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be
applicable, and CVMC 19.14.050 through 19.14.090:
A. Boarding or lodging houses;
I. Chapter 19.38 “C-V – Visitor Commercial Zone,” Section 19.38.020
“Permitted uses” is hereby amended to revise the term hotels, motels and motor hotels to
hotel/motel, and renumber accordingly, as follows:
19.38.020 Permitted uses.
Principal permitted uses in the C-V zone are as follows:
A. Hotels/,motels and motor hotels, subject to the provisions of CVMC 19.58.210, with such
incidental businesses to serve the customer or patron; provided, such incidental uses and
businesses not otherwise permitted in this zone shall be operated in the same building and in
conjunction with this permitted use; (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2160 § 1, 1986; Ord.
2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(B)).
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J. Chapter 19.40 “C-T – Thoroughfare Commercial Zone,” Section 19.40.020
“Permitted uses” is hereby amended to revise the term motor hotels and motels to
hotels/motels, and renumber accordingly, as follows:
19.40.020 Permitted uses.
Principal permitted uses in a C-T zone are as follows:
C. Motor hHotels and /motels, subject to the provisions of CVMC 19.58.210
(Ord. 3316 § 5, 2014; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2273 § 7, 1988; Ord. 2160 § 1, 1986;
Ord. 2108 § 1, 1985; Ord. 1954 § 1, 1981; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.511(B)).
K. Chapter 19.40 “C-T – Thoroughfare Commercial Zone,” Section 19.40.030
“Conditional uses” is hereby amended to add emergency shelters as conditional use and
renumber accordingly, as follows:
19.40.030 Conditional uses.
The following uses shall be permitted in the C-T zone; provided, a conditional use permit is
issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be
applicable, and CVMC 19.14.050 through 19.14.090:
T. Emergency shelters subject to the provisions of CVMC 19.58.143.
L. Chapter 19.44 “I-L – Limited Industrial Zone,” Section 19.44.020 “Permitted
uses” is hereby amended to add emergency shelters as a permitted use, and renumber
accordingly, as follows:
19.44.020 Permitted uses.
Permitted uses in an I-L zone are as follows:
R. Emergency shelters, limited subject to the provisions of CVMC 19.58.143. (Ord. 3153 § 2
(Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code §
33.513(B)).
M. Chapter 19.48 “P-C – Planned Community Zone,” Section 19.48.025
“Community purpose facilities – Minimum acreage required – Permitted uses.” is hereby
amended to revise and clarify homeless services as a permitted use subject to a conditional use
permit with emergency shelters permitted under the terms and conditions governing its
development:
19.48.025 Community purpose facilities – Minimum acreage required – Permitted uses.
C. The required CPF acreage shall have a CPF, community purpose facilities, land use
designation. All of the following uses are permitted subject to approval of a conditional use
permit:
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3. Services for homeless. Emergency shelters for the homeless may be allowed subject to and in
accordance with the provisions of CVMC 19.58.110 or 19.58.143, as may be applicable;
N. Chapter 19.54 “Unclassified Uses,” Section 19.54.020 “Designated –
Limitations and standards” is hereby amended to add residential facilities, and renumber
accordingly, as follows:
19.54.020 Designated – Limitations and standards.
The following uses may be considered for location in any zone, subject to the provisions set forth
herein, and additional conditions set forth in Chapter 19.58 CVMC (references indicated for
uses):
V. Residential facilities: See CVMC 19.58.268.
Conditional use permit applications for the uses listed in this section shall be considered and
approved by the following body or official. The Zoning Administrator shall approve all
ambulance services, trailers (commercial coaches), and certified farmers’ markets, and
residential facilities for seven or more persons. The City Council, subsequent to its receipt of
recommendations thereon from the Planning Commission, shall approve establishments or
enterprises involving large assemblages of people or automobiles (subsection (J) of this section),
and public or quasi-public uses (subsection (M) of this section). The Planning Commission shall
approve all other conditional use permits for unclassified uses not mentioned in this paragraph.
(Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2958 § 1, 2004; Ord. 2921 § 2, 2003;
Ord. 2449 § 1, 1991; Ord. 2296 § 6, 1989; Ord. 2169 § 1, 1986; Ord. 2075 § 3, 1984; Ord. 2054
§ 1, 1983; Ord. 1878 § 2, 1979; Ord. 1711 § 1, 1976; Ord. 1697 § 1, 1976; Ord. 1626 §§ 1, 2,
1975; Ord. 1464 § 2, 1973; Ord. 1456 § 2, 1973; Ord. 1356 § 1, 1971; Ord. 1281 § 2, 1970; Ord.
1246 § 2, 1969; Ord. 1232 § 2, 1969; Ord. 1212 § 1, 1969; prior code § 33.535(A)).
O. Chapter 19.58 “Uses” is hereby amended to add terms and conditions governing
the development of emergency shelters, qualified employee housing, residential facilities, single
room occupancy residences and transitional and supportive housing, delete labor camps and
renumber accordingly, as follows:
19.58.110 Church, hospital, convalescent hospital, religious or eleemosynary institution.
B. The provision of temporary an emergency shelter for the homeless in accordance with the
following standards and requirements is considered accessory to the church use or religious
institution (no conditional use permit required) subject to compliance with the following
standards:
1. Temporary emergency shelters operating for thirty (30) days or less in any 365 -day period
which are accessory uses to religious institutions or religious organizations are exempt from
this section.
2. The primary church use or religious institution was authorized through a conditional use
permit approval.
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3. Appropriate design accommodations for the emergency shelter were included in the
original facility design, and the emergency shelter was listed as an accessory use and
identified in the original conditional use permit application. Where the emergency shelter
was not initially contemplated and included in the original conditional use permit, such
conditional use permit must be amended in accordance with the provisions of CVMC
19.14.030 (A).
4. Emergency shelters shall comply with current California Health and Safety Codes and
California Building Codes in effect upon its construction.
5. No rent of fees of any kind shall be charged for emergency shelter services offered to
homeless persons.
6. Within Residential Zones, emergency shelter accommodations shall be limited to twelve
(12) persons at a single time.
7. A person residing at the facility shall be limited to sixty (60) days of accomodations.
1. A shelter may accommodate a maximum of 12 guests for two weeks per year. Two additional
nonconsecutive two-week periods may be authorized by the Zoning Administrator, provided no
opposition has been expressed by surrounding property owners or residents; otherwise the City
Council shall have the authority to grant such extensions.
2. The guests shall be prescreened by a recognized social service agency to determine resident
suitability. Active alcohol or drug abusers as well as those with criminal convictions of a felony
or any crime of violence or significant mental illness shall be excluded from the program.
Supervision shall be provided at all times both on-site and during arrivals and departures from
the shelter.
3. A floor plan and set-up of the space to be occupied shall be submitted along with a description
of the prescreening agency and criteria.
A post set-up, pre-shelter inspection shall be conducted by the City in order to determine
compliance with applicable building, health, safety and fire regulations.
4. A church which is providing shelter for the first time, or which has not provided shelter in the
last 18 months, shall provide the City with certification that written notice of the proposal has
been given to properties within 300 feet of the shelter site. The host congregation is encouraged
to hold a neighborhood meeting to inform residents of the proposal and answer questions well
before the commencement date.
5. The shelter may be subject to closure for the violation of the standards or determination by the
Zoning Administrator that the shelter guests have been the negligent or intentional cause of one
or more neighborhood disturbances.
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6. Shelter proposals beyond the limit noted in subsection (B)(1) of this section, including
extensions, are considered conditional uses and may only be permitted by issuance of a
conditional use permit. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2485 § 1, 1991; Ord. 2290 § 1,
1989; Ord. 2287 § 2, 1988; Ord. 2285 § 1, 1988; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.901(B)(10)).
19.58.143 Emergency Shelters.
Consistent with Government Code Sections 65582, 65583(a), and 65589.5, all California cities
are required to identify a minimum of one zone that permits emergency shelters by right. The
purpose of this section is to establish standards to ensure that the development of emergency
shelters does not adversely impact adjacent parcels or the surrounding neighborhood, and that
they are developed in a manner that protects the health, safety, and general welfare of the nearby
residents and businesses, and the character of the City of Chula Vista.
Emergency shelters may be allowed in the I-L industrial zone or an equivalent limited industrial
zone within a City approved Sectional Planning Area plan or Specific Plan , subject to a non-
discretionary Development Review Permit pursuant to Government Code Section 65583 (a)(4).
Emergency shelters may be allowed in the C-T thoroughfare commercial zone or an equivalent
commercial zone or on land designated as “community purpose facilities” (CPF) within a City
approved Sectional Planning Area plan or Specific Plan with an approved conditional use permit
authorized in accordance with the provisions of CVMC 19.14.040, as may be applicable, and
CVMC 19.14.050 through 19.14.090.
Emergency shelters are subject to the following standards. Emergency shelters operating for
thirty (30) days or less in any 365-day period which are accessory uses to religious institutions or
religious organizations are exempt from this section:
A. No individual shall be denied emergency shelter because of an inability to pay.
B. Emergency shelters shall be operated under the authority of a governing agency or private
organization that provides, or that contracts to provide, emergency shelters and which, when
required by law, is properly registered and licensed.
C. Emergency shelters shall comply with applicable California Health and Safety Codes.
D. Emergency shelters shall comply with all property development standards of the zone in
which they are located, and in addition, no emergency shelter shall be located within three
hundred feet of another such facility, said measurement being defined as the shortest distance
between the outside walls of the structures housing such facilities.
E. Parking shall be as required by Chapter 19.62 “Off-Street Parking and Loading.”
F. Each emergency shelter shall include, at a minimum, the following:
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1. Interior and exterior lighting necessary for security, safety, and operational purposes shall
conform to the California Code of Regulations Title 24, Parts 2, 2.5 and 6 or any successor
provisions as applicable in effect at the time the application is deemed complete. Exterior
lighting shall be stationary, directed away from adjacent properties and public right-of-ways;
2. If client intake is to occur on-site, there shall be an indoor client intake/waiting area equal
to a minimum of ten square feet per bed provided at the facility. If an exterior waiting area is
also provided, it shall be enclosed or screened from public view and adequate to prevent
obstructing of the public right-of-way and required parking and access;
3. Clean, sanitary beds and sanitation facilities, including showers and toiletries; and
4. Segregated sleeping, lavatory and bathing areas if the emergency shelter accommodates
both men and women in the same building. Reasonable accommodation shall be made to
provide segregated sleeping, lavatory and bathing areas for families.
G. At least one facility manager shall be on-site at all hours the facility is open and one hour
prior to and after facility operating hours. At least one full-time equivalent employee shall be
required to be on-site during facility operating hours for every 20 beds in the facility.
H. Emergency shelters may provide one or more of the following types of supportive facilities
or services for the exclusive use or benefit of the shelter clients:
1. Central cooking and dining room(s);
2. Recreation areas, indoor and/or outdoors;
3. Laundry facilities for clients to wash their clothes;
4. Intake and administrative offices;
5. Counseling and other supportive services; or
6. Secure storage areas for bicycles and other personal possessions.
I. The agency or organization operating the shelter shall have a written Facility Management
Plan consisting of, as applicable, provisions for staff training; neighborhood outreach; security;
screening of residents to ensure compatibility with services provided at the facility; training,
counseling, and treatment programs for residents, and facility information, including the number
of persons who can be served nightly, the location of onsite waiting and intake areas, the
provision of onsite management, and onsite security during hours of operation, as established in
Government Code Section 65583 (a)(4)(A).
19.58.144 Qualified employee housing.
A. Qualified employee housing providing accommodations for six or fewer employees, pursuant
to Health and Safety Code Section 17021.5 (b), shall be deemed a single-family dwelling and is
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allowed in residential zones. Qualified employee housing is subject to all municipal codes,
regulations and other standards generally applicable to other residential dwellings of the sam e
type in the same zone.
B. Qualified employee housing providing accommodations for seven or more employees and
consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a
single family or household, pursuant to Health and Safety Code Section 17021.6 (b), shall be
deemed an agricultural land use and is allowed in such zones for agricultural use or an equivalent
agricultural zone within a City approved Sectional Planning Area plan or Specific Plan.
Qualified employee housing is subject to all municipal codes, regulations and other standards
generally applicable to other agricultural activity in the same zone.
19.58.200 Labor camps.
No labor camp structure shall be located closer than 20 feet from any property line, and not
closer than 50 feet from the front lot line. When adjoining an R zone, no structure shall be closer
than 100 feet from the adjoining property line. The aggregate site area shall contain not less than
3,000 square feet of land area for each tent or trailer space or cabin or for each three workers,
and no structure shall be closer than 10 feet from any other structure. A usable recreation area
shall be provided for each labor camp, and shall contain not less than 200 square feet of area for
each dwelling space or unit or each three workers. Access roads and parking areas shall have a
durable and dustless surface and areas shall be so graded as to dispose of all surface water
accumulated within the area. A temporary certificate of occupancy will be issued for a period not
to exceed one year, subject to renewal. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.901(B)(19)).
19.58.265 Residence, single room occupancy (SRO).
Single room occupancy residences, as defined in CVMC 19.04.194.1 are allowed in multiple-
family residential zones or an equivalent residential zone within a City approved Sectional
Planning Area plan or Specific Plan, subject to Government Code Sections 65589.5 and
65583(c)(1). Single room occupancy residences are subject to all municipal codes, regulations
and other standards generally applicable to multiple-family residential buildings in the same
zone.
19.58.268. Residential facility.
Residential facilities, as defined in CVMC 19.04.198.1, for six or fewer residents are allowed in
residential zones or an equivalent residential zone within a City approved Sectional Planning
Area plan or Specific Plan. Residential facilities for seven or more persons are allowed in any
zone as an unclassified use with an approved conditional use permit and shall be authorized in
accordance with the provisions of CVMC 19.14.030 (A), subject to the following standards:
A. If the residential facility consists of individual dwelling units, the maximum density shall not
exceed the maximum permitted residential density of the applicable zone.
B. Only one residential facility may be permitted per lot or premises.
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C. Residential facilities are not permitted three hundred (300) feet from another licensed
residential facility with said measurement being defined as the shortest distance between the
outside walls of the structures housing such facilities; provided, however, that residential
facilities for the elderly, drug and alcohol treatment, foster family housing, or transitional shelter
care facilities, as defined in Section 1502(A)(11) of the California Health and Safety Code, are
exempt from the requirements of this Section 19.58.268(C).
D. The facility shall provide off-street parking spaces as required by CVMC 19.62.050 (34).
E. All units designed for people with disabilities shall comply with the standards of Title 24 of
the California Code of Regulations, also known as the California Building Standards Code and
the applicant must certify that units designed for people with disabilities complies wit h all
applicable federal and state disabled persons accessibility requirements, including but not limited
to the Federal Fair Housing Act, Section 504 of the Construction Act of 1973, Title II and/or
Title III of the Americans with Disabilities Act of 1990, and the Uniform Federal Accessibility
Standards.
F. Congregate dining facilities may be provided, subject to the following conditions:
1. Dining shall be limited to use by residents, guests, and employees of the individual
facility; dining shall not be open to the public.
2. A separate service entrance to the kitchen with an adequate loading area shall be provided.
3. Congregate dining floor area shall not count toward calculation of any open space
requirements.
G. The facility may include accessory retail and personal service uses appropriate for the
population served and limited to use by residents, guests, and employees of the indivi dual
facility, subject to the permit requirements of the applicable zone.
1. “Accessory retail” uses are permitted on any site containing attached residential (for sale,
rental or residential facility) exceeding the density of 20 dwelling units per net acre. The use
may offer a limited selection of convenience goods and services for the daily needs of the
residents. Examples may include, but are not limited to: mini-markets under 5,000 square
feet; eating establishments, excluding drive throughs, under 3,000 square feet; retail shops,
walk-up banks and/or automated teller machines, or drug stores under 2,000 square feet; and
personal services under 2,000 square feet.
2. “Personal service” uses provide non-medical retail sales and services to individuals as a
primary use. Examples may include: barber and beauty shops, clothing rental, dry cleaning
pick-up stores with limited equipment, home electronics and small appliance repair,
laundromats (self-service laundries), locksmiths, pet grooming with no boarding, shoe repair
shops, tailors, tanning salons, and travel agencies. Personal services does not include
“Massage parlor”, which is defined separately in this Section.
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I. Approval must be obtained from applicable agencies concerning health and safety conditions,
and said residential facility must be licensed by such agencies, as required.
J. If a conditional use permit is required, a business license must be obtained concurrently with
the conditional use permit.
19.58.315 Supportive and transitional housing.
Supportive housing, as defined in CVMC 19.04.290.1, and transitional housing, as defined in
CVMC 19.04.299, are allowed in residential zones or an equivalent residential zone within a
City approved Sectional Planning Area plan or Specific Plan pursuant to Government Code
Section 65583(a)(5), and subject to all municipal codes, regulations and other standards
applicable to other residential dwellings of the same type in the same zone.
P. Chapter 19.62 “Off-Street Parking and Loading,” Section 19.62.050 “Number of
spaces required for designated uses” is hereby amended to revise and add the required parking
for large bedroom dwelling units, efficiency living units, emergency shelters, qualified employee
housing, and residential facilities and renumber accordingly, as follows:
19.62.050 Number of spaces required for designated uses.
In the case of any building, structure or premises, the use of which is not specifically mentioned
herein, or in the opinion of the approving authority is not similar to any use found herein, the
approving authority may apply a ratio based on a similar exi sting use not found herein. In
computing parking requirements, a resultant fractional space of one-half shall count as a full
space.
The number of off-street parking spaces required shall be as set forth in the following:
Businesses or Use and Number of Spaces Required
11. Dwellings, single-family, duplex:
Two for each family or dwelling unit; both spaces shall be in a garage with a minimum
area of 400 square feet (see Chapter 19.22 CVMC for remodeling of garages).
One additional for each bedroom over four bedrooms.
13. Dwellings, multiple, supportive housing or transitional housing:
One per unit for each efficiency living unit or single room occupancy residence.
One and one-half per unit for each studio or one-bedroom dwelling unit apartment.
Two per unit for each two-bedroom dwelling unit apartment.
Two per unit for each three-bedroom dwelling unit or larger apartment.*
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One additional for each bedroom over four bedrooms.
*For every 10 parking spaces required, one of this total may be a “compact” space.
19. Hotels, /motels, motor hotels:
One space for each living or sleeping unit, plus one space for every 25 units, or portion
thereof, to be provided on the same lot.
32. Emergency shelters:
One for every five beds, one for each one and one-half persons employed at one time in
the normal operation of the establishment, and one loading space for delivery services.
33. Qualified employee housing:
Qualified employee housing for six or fewer persons shall have the same number of
spaces required for residential dwellings. Qualified employee housing for seven or more
persons shall have one for every three beds, one for each one and one-half persons
employed at one time in the normal operation of the establishment, and one loading space
for delivery services.
34. Residential facilities:
Residential facilities for six or fewer persons shall have the same number of spaces
required for residential dwellings. Residential facilities for seven or more persons shall
have one for every five (5) beds, one for each person employed at one time in the normal
operation of the establishment, and one loading space for delivery services. (Ord. 3153 §
2 (Exh. A), 2010; Ord. 2584 § 7, 1994; Ord. 2132 § 1, 1985; Ord. 1856 § 1, 1979; Ord.
1531 § 2, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.801(E)).
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
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Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Developmental Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of October 2018, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3442 had its first reading at a regular meeting held on the 16th day of October
2018 and its second reading and adoption at a regular meeting of said City Council h eld on the
23rd day of October 2018; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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10/30/2018