HomeMy WebLinkAbout2007/04/24 Item 6
COUNCIL INFORMATION MEMORANDUM
DATE:
April 20, 2007
SUBJECT:
The Honorable Mayor and City counc~
Jim Thomson, Interim City Manager jl
J=" D. Sm',,". AICP. DITooto' ofP1",,"0, md BOildiO.f"
Agenda Items 6A & B, April 24, 2007, Council Meeting;
Second Reading of Ordinance Amendments to CVMC Chapters 19.07 &
19.80
TO:
VIA:
FROM:
At the April 12, 2007, public hearing on the above noted Ordinance amendments, Council
approved the proposed amendments on first reading, and set them for consideration for
second reading and adoption on April 24, 2007.
As part of its first reading actions on April 12, Council approved some relatively minor
language changes to the amendments regarding CVMC Chapter 19.07 - Specific Plans. Per
that direction, a resulting final version of the proposed amendments for second reading is
attached to this memo, and reflected in underlined italic text. F or reference, the items
reflecting amendments include sections 19.07.011 A.7.d, 19.07.012 AJ & 4, and C.3 & 4.
The Ordinance amending CVMC Chapter 19.80 was approved on first reading as presented,
and is attached for second reading in its original form.
During its deliberations and actions, Council acknowledged that Councilman Ramirez
intended to further explore questions and concerns expressed by some constituents, and may
hold one or more forums to do so prior to second reading consideration. It was also
acknowledged that suggestions for potential revisions to the recommended Ordinance
amendments could arise from those discussions.
A public discussion meeting with Councilman Ramirez and staff from the Planning and
Building, and Community Development Departments and City Attorney's Office was held on
the evening of April 18, 2007. There were essentially two topics that arose for which those
present would like possible additional language changes made in the proposed Ordinance
amendments to CVMC 19.07 regarding specific plans. Following is an overview of those
two items along with a staffresponse:
. More definition of facilities triggers - felt that there needed to be more specific or
tighter references to requirements that specific plans must identify particular trigger
points (amount of development, etc.) at which time certain identified facilities and
services must be provided.
Second Reading- Ordinance Amendments to CVMC 19.07 & 19.80
Page 2
Staff response - the current proposed Ordinance amendments include provisions in
Section 19.07.011.7.c & d, that require a specifleplan '.I facility and service plan
component to identifY a development phasing schedule that addresses the timin!! fiJr
installation of required facilities and services, along with financing and fimding
program for those consistent with the phasing schedule. A common. industry
standard component for these facility and service funding and phasing plans is a list
of "trigger" points that tie a particular amount or increment of development to a set
of' related facility and service provision milestones. This is common of' our
experiences to-date with the Public Facility Financing Plans (PFFP.I) used in eastern
Chula Vista. While we recognize that circumstances are diff'erent when dealing with
infill and redevelopment conditions in western Chula Vista, the provision of
appropriate "trigger" mechanisms remains a fundamental expectation of a specific
plan '.I' required facilities phasing and funding plan as contemplated under proposed
Ordinance Section 19.07.011. 7.c & d.
Adding language changes to more specifically r~ference the use of "triggers" would
not be inconsistent with overall intent of staff's proposal, but is not essent ial in stairs
view given the common industry expectations of the plans required. 1fCouncil would
like additional specificity, staff can prepare language for consideration.
. Metering specific plan zoning changes involving R I and R2 zoned land - felt that it
is the existing RI and R2 zoned areas that would most feel the effect of changes
brought on by higher density development, and that residents in those areas should be
afforded time to acclimate/adjust to these changes. They felt that the phasing-in of
character changes in these areas was an important component of the Cummings
Initiative. As a result, they feel that the proposed Ordinance provisions for specific
plans should contain a component indicating that when specific plans involve zoning
changes to higher density and/or mixed use development on existing R I and R2
zoned properties, that zoning should be phased in sueh that the change is effectively
not more that an R I to R2 to R3 type transition in any 2-year period. They were open
to other period durations and the particular mechanisms that would accomplish this,
provided the phased intent was met.
Staff response- typically, zoning actions taken to implement the General Plan allow
for a level and type of development consistent with the General Plan vision. When
potential character/transition issues may be at-hand given the specific plan '.I' zoning
proposals in relation to existing zoning and development conditions in a particular
area, those issues are usually addressed through provisions within the specific plan
itself Circumstances surrounding particular properties in particular areas, and the
degree or extent to which the specific plan '.I' proposals may create "transition" issues
to higher intensity development, can vary greatly.from area to area. Having a rigid
zoning step transition formula based on the R1-R2-R3 zoning progression could
Second Reading- Ordinance Amendments to CVMC 19.07 & 19.80
Page 3
potentially have unintended consequences on the feasibility and logical phasing of
development.
While staff agrees that transition of existing development patterns to those envisioned
by the General Plan needs to take into consideration the physical and social affects
on existing populations, staff feels that each specific plan should have the opportunity
to react to its particular circumstances as they may vary from area to area.
Council should direct to staff as to whether it would like provisions regarding phased
zoning for existing R1 and R2added to proposed specific plan requirements in CVMC
19.07, and if so, whether that should be added generically, or in the R1 to R2 to R3
fashion as suggested by the meeting participants, and currently referenced in the
CVMC 19.80.
In conclusion, it remains staff s pOSitIOn that the proposed Ordinance amendments as
presented and approved on first reading provide for an adequate evaluation and obligation for
any specific plan to sufficiently address purposes and intents of the Cummings Initiative.
This includes the provision of an organized land use vision and plan that addresses
community character issues, identification of the needed facilities and services to support the
planned land uses, and a facilities and funding plan that ensures the facilities and services
will be available in a timely manner based on development phasing.
H:\PLANNING\General_Plan\GPU_Implementation\CVMC 19.07 & 19.80 Amendments\CC info memo 2nd reading. doc
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ORDINANCE OF THE CITY OF CHULA vISTA
AMENDING CIillLA VISTA MUNICIPAL CODE
CHAPTER 19.07 - SPECIFIC PLANS
ORDINA."<CE NO.
WHEREAS, in 1984 the State of California enacted Government Code Sections
65450-65457 that allow for the preparation of specific plans to implement a city's
General Plan, and which are incorporated into CYMC Chapter 19.07 - Specific Plans;
and
WHEREAS, specific plans must identify the proposed distribution, location, and
extent and intensity of major components of public and private transportation, sewage,
water, drainage, solid waste disposal, energy, and other essential facilities proposed to be
located within the area covered by the plan, and needed to support the land uses, and
must include a plan and mechanisms for the provision of said public services and
facilities commensurate with growth; and
WHEREAS, as a result, and pursuant to Government Code Section 65451, zoning
or rezoning land under a planned community (PC) zone is analogous to rezoning as part
of a specific plan, in that, both must: (i) be consistent with the City's General Plan; (ii)
comply with the City's growth management programs; (iii) contribute proportionally to
public services and facilities through the City's various impact fee programs; (iv) identify
the public facilities and services needs ofthe proposed development, as well as how those
needs will be met; and (v) complete an environmental review process which includes
identification of mitigation measures related to significant environmental impacts, which
can include but not be limited to the provision of public services and facilities; and
WHEREAS, CYMC 19.09 has further integrated standards and facilities
evaluation, and plans for the funding and phasing of public services and facilities
commensurate with growth, into the development process and has established the
requirement for related "Public Facilities Financing Plans ("PFFPs") as part of Sectional
Planning Area ("SPA") Plan process; and
WHEREAS, CYMC Chapter 19.07 contains the provisions and requirements that
govern the preparation of specific plans within the City of Chula Vista; and
WHEREAS, the last update to CYMC 19.07 pre-dated the establishment of the
majority of the City's current growth management provisions, including the adoption of
CYMC 1909; and
WHEREAS, in order to be clearer regarding requirements for local specific plans,
including the required facilities and services plan, and their relation to City growth
management provisions, it would be beneficial to update CYMC 19.07 to reference such
requirements; and
6/1-(
Ordinance No.
Page 2
WHEREAS, the proposed amendments to CVMC19.07 (Attached in Exhibit A
hereto) are intended to accomplish this by listing the required components for specific
plans and their accompanying public facility and service plans, and by adding findings to
be made by the Planning Commission and City Council as part of their actions on
specific plans; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
March 28, 2007, and recommended that the City Council adopt an Ordinance approving
the proposed zoning text amendments; and
WHEREAS, the proceedings and evidence introduced before the Planning
Commission at the public hearing on this proposal held March 28, 2007, and the minutes
and resolution resulting there from, are hereby incorporated into the record of these
proceedings; and
WHEREAS, the City Clerk set the time and place for a hearing on said zoning
text amendments by the Chula Vista Redevelopment Corporation and the City Council
for April 12, 2007, and notice of said hearing, together with its purpose, was given
pursuant to California Government Code 65091 and 65092 at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely on
April 12, 2007, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before
the Chula Vista Redevelopment Corporation and the City Council; and
WHEREAS, after hearing staff presentation and receiving public testimony said
hearing was thereafter closed; and
WHEREAS, the Chula Vista Redevelopment Corporation approved a Resolution
recommending that the City Council adopt an Ordinance approving the proposed zoning
text amendments; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that there is no possibility that the activity may have a significant effect on
the environment because the project consists of amendments to the City of Chula Vista
Municipal Code to clarify the requirements of Chapters 19.07 and 19.80; therefore,
pursuant to Section 1S061(b)(3) of the State CEQA Guidelines the activity is not subject
to CEQA., and no environmental review is necessary.
NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista, does
hereby ordain as follows:
1. That specific plans, prepared pursuant to Government Code Section 65450 et seq.
and Chula Vista Municipal Code Chapter 19.07, are similar to the planned
~ fI~;J-
Ordinance No.
Page 3
community (PC) zone and its implementing SPA plans, and also require a plan for.
and mechanisms to ensure that, new development provides adequate public
services and facilities.
2. That the proposed amendments to CVMC Chapter 19.07 as presented in Exhibit A
attached hereto are in keeping with, and complement and reinforce provisions of,
CYMC 19.09 and 19.80 by further clarifying the City's requirements for specific
plans. including required public facility and service plans, and by adding required
findings for Planning Commission and City Council actions on specific plans to
ensure consistency with the intents ofCVMC 1909 and 19.80.
3. That the proposed amendments to CVMC Chapter 19.07 as presented in Exhibit A
attached hereto, will effectively ensure that needed public facilities and services to
support the specific plan's land uses will be provided in advance of, or concurrent
with development.
4. That Chula Vista Municipal Code Chapter 19.07 be accordingly amended as
depicted in the strike-through/underline format in Exhibits A attached hereto.
Effective Date
This ordinance shall take effect and be in full force on the thirtieth day from and
after its second reading.
Presented by
Approved as to form by
James D. Sandoval
Director of Planning and Building
Ann Moore
City Attorney
d?A -- :5
Exhibit A to City Council Ordinance
Proposed Amendments to Chnla Vista Municipal Code
Chapter 19.07
SPECIFIC PLANS
Sections:
19.07.010 Statutory authority- Scope of.
19.07.011 Requirements and content.
19.07.012 Findings required for recommendation and adoption.
19.07.020 .\llmiflistffilisa sf. Repealed.
19.07.030 Zoning implementation thereof.
19.07.035 Repealed.
19.07.010 Statutory authority - Scope of.
Sections 65450 through 65507 of the Government Code of the state relating to
the authority for the scope of specific plans, and the procedures for the adoption
of specific plans, are hereby adopted and incorporated herein by reference as
though set forth in full. The fee for processing specific plan amendments and
specific plan development proposals or modifications shall be the required fee(s).
(Ord. 2506 S I, 1992; Ord. 2011 S I, 1982; Ord. 185492,1979; Ord. 1825 91,
1978).
19.07.011 Requirements and content.
A. Snecific Plans shall consist of a nlan diagram or diagrams. an
accompanYing text. and other attachments and exhibits as mav be necessaTV.
to specify all of the following in detail to the satisfaction of the Director of
Planning and Building and/or their designee:
1. A statement and discussion of the relationshin and
consistency of the Specific Plan to the Citv's General
Plan.
2. The type. distribution. location. amount. and intensity
of allland uses within the area covered by the Plan.
3. The approximate total nopulation anticipated within
the Plan's area.
4. A deniction of any and ail subareas or other districts
within which the Plan's provisions will be applied.
5. The standards. regulations. criteria and guidelines by
which all development shall proceed within the Plan
and any of its subareas or districts.
6. The Proposed distribution. location. extent and
intensity of public facilities and services within the
area covered by the Plan. and needed to support the
land uses included in the Plan. including but not
Exhibit A to City Council Ordinance
Proposed Amendments to CYMC 19.07 (April 2007)
Page lof4
~1j~1
limited to transportation. sewer. drainage. water.
Darks. etc.
7. A program indicating how and when the facilties and
services necessarY to SUlltlort the develotlinl! land uses
will be installed or financed. and including the
following:
a. A list of the facilties and services.
b. An inventorv of present and future
requirements for each facility and service
based upon the City's Growth Management
Threshold Standards.
c. A phasing schedule that addresses the timing
for installation or provisions for required
facilities and services.
d. A financing program identifying the methods
for funding those facilities and services
consistent with the phasing schedule.
S. Provisions and orocedures for the comorehensive
implementation and administration ofthe Plan.
19.07.012 Findinl!s reauired for recommendation and adootion.
A. The olanning conurussion. after a oublic hearing. may recommend aooroval
of a specific plan provided that it finds that the facts submitted with the olan
and oresented at the hearing establish that:
1. The specific plan is in comformance with the City's
General Plan.
2. The specific plan was orepared in accordance with the
City's municipal code and the California Government
Code provisions governing specific plans.
3. That the associated demands on oublic facilties and
services due to develooment allowed by the specific
olan will be mitigated orior to. or concurrent with the
develooment. and in confromance with the City's
Growth Management Ordinance CYMC 19.09.
B. The olanning comnnsslOn may recommend disaoproval of the soecific
olan. may recommend aooroval of said olan as submitted. or may recommend
aooroval of said plan subiect to soecified modifications.
C. The city council. based uoon receipt of the olanning commission
recommendation on the specific plan shall conduct a oublic hearing thereon.
The city council may anomve. deny or modify the olan. Anv action of
Exhibit A to City Council Ordinance
Proposed Amendments to CYMC 19.07 (April 2007)
Page 2 of4
!P 11-:f
aouroval. or aooroval subiect to modifications. by the city council shall also
be subiect to the folJowine findinflS:
1. The soecific olan is in comformance with the City's
General Plan.
2. The soecific olan was oreoared in accordance with the
City's municipal code and the California Government
Code provisions governing specific plans.
3. That the associated demands on oublic facilties and
services due to develooment allowed by the soecific
plan will be mitigated PDor to, or concurrent with the
develoomenl and in conformance with the City's
Growth Management Ordinance CYMC 19.09.
19.97.029 ,\t1miRistFBtiaR af.
Sections e555Q tfJrcnlgR 65553 eftlle Gevemmeftt Ceae aftlle state relaaag te
The BElHHnistratiaA Bf SJleeias p]lHlS afe hereby aeBfltea ana inssfJ!'sratea herein by
reference as though set fertfl in flill. (Ord. ]854 ~ 2, 1979; Oni. 1825 ~ 2, 19"78).
19.07.030 Zoning implementation thereof.
A. Specific plans may be implemented through the adoption of standard zoning
ordinances, the planned community zone, as provided in this title, or by plan
effectuation standards incorporated within the text of an individual specific plan.
The method of implementing an individual specific plan shall be established and
expressed by its adopting resolution or ordinance.
If the specific plan is to be implemented through the use of standard zones, any
open space uses or other public uses so designated on the specific plan may be
allowed to be developed in a manner logically consistent with and in conformity
to adjacent and contiguous land uses as shown on the specific plan; provided,
however, the developer must show that such development, which must be
residential, thus allowed will not increase the overall density of the total area
incorporated into the specific plan. Further, in no case shall any designated open
space land, or land designated for other public use in said specific plan, be
developed for any use other than residential. Should all adjacent and contiguous
land uses be designated for uses other than residential, the underlying land use on
such open space may be requested for development at no greater density than that
allowed in the R-E zone.
B. If any territory subject to an adopted specific plan is zoned P-C, the involved
property owners may register their concurrence with terms and provisions of the
adopted specific plan, and may proceed with development in accordance
therewith; provided, that the required fees are paid, and the procedural and
substantive requirements of the p-e zone are met. The said registration of
concurrence shall, by operation oflaw, establish the adopted specific plan as the
general development plan of the involved P-C zone. If the property owners do not
register their concurrence with the terms and provisions of the adopted specific
Exhibit A to CIty Council Ordinance
Proposed Amendments to CYMe 19.07 (April 2007)
Page 3 of4
jpl1-{P
plan, they may proceed with the development of their property through the use of
standard zoning, as provided hereinabove.
C. When a specific plan is adopted and existing zoning is thereby inconsistent
with the specific plan and the developer desires to develop the property in
accordance with the existing zoning, the developer must first submit a proposed
amendment to the specific plan. All such amendments shall be subject to public
hearings by the planning commission and the city counciL If the amendment is
adopted, the developer can proceed with the normal processing of the
development proposal.
Notwithstanding the above provisions, those projects which have been
substantially processed consistent with existing zoning and which are affected by
a specific plan may proceed; provided, that the zoning administrator issues in
each case a permit to complete processing based upon the [mdings that the
effectiveness of the specific plan and the order and amenity of the community
would not be substantially impaired by the issuance of the permit.
Projects shall be deemed to be substantially processed where the property
owners have procured approved tentative subdivision or parcel maps, building
permits, conditional use permits, or design review committee approvals, in
furtherance of the proposed projects. The zoning administrator, furthermore, may
deem that projects have been substantially processed where the involved property
owners have submitted tentative subdivision or parcel maps or applications for
design review, but are awaiting consideration by the appropriate city agency or
officiaL
Appeals from the actions of the zoning administrator may be filed, within 10
days after the dates of said actions, with the planning commission. Further appeals
to the city council may be submitted pursuant to the provisions of CVMC
19.14.110 and 19.14.130. COrd. 2327 91, 1989; Ord. 2076 ~ 1,1984; Ord. 1854
~ 2,1979; Ord. 1825 ~ 2, 1978).
19.07.035 Supersedence ofzoning designations.
Repealed by Ord. 2532 J 10,1992. (Res. 11903, 1985).*
* Code reviser's note: Ord. 2532 renumbered the provisions of this section to be
Chs. 19.81 to 19.87 CYMC.
H:\PLANNlNG\Gencral_Plan\GPU_Implementation\CVMC 19.07 & 19.80 Amendments\CVMC 19.07 text amend (mal CC.doc
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Exhibit A to City Council Ordinance Page 4 of 4
Proposed Amendments to CYMC 19.07 (April 2007)
6A/7
Final, Post-Hearing Version of
Exhibit A to City Council Ordinance Regarding
Proposed Amendments to Chula Vista Mnnicipal Code
Note:
The following reflects the final version of the amendments to CVMC Chapter] 9.07 as
placed on first reading by the City Council thorugh its actions at the public hearing on
April ]2,2007. The approved additional revisions are refected in underlined italic text.--
Chapter 19.07
SPECIFIC PLANS
Sections:
] 9.07.0] 0 Statutory authority - Scope of.
19.07.0] ] Requirements and content.
19.07.0]2 Findings required for recommendation and adoption.
19.97.929 f.dmiaistFlltisa sf. Repealed.
] 9.07.030 Zoning implementation thereof.
] 9.07.035 Repealed.
19.07.010 Statutory authority - Scope of.
Sections 65450 through 65507 of the Government Code of the state relating to
the authority for the scope of specific plans, and the procedures for the adoption
of specific plans, are hereby adopted and incorporated herein by reference as
though set forth in full. The fee for processing specific plan amendments and
specific plan development proposals or modifications shall be the required fee(s).
(Ord. 2506 ~ ], ] 992; Ord. 20]] ~ I, ] 982; Ord. 1854 ~ 2, ] 979; Ord. ] 825 ~ 2,
1978).
.19.07.011 Requirements and content.
A. Specific Plans shall consist of a plan diagram or diagrams, an
accompanving text. and other attachments and exhibits as mav be necessary.
to specify all of the following in detail to the satisfaction of the Director of
Planning and Building and/or their designee:
I. A statement and discussion of the relationship and
consistencv of the Specific Plan to the City's General
Plan.
2. The tvpe. distribution. location, amount. and intensity
of all land uses within the area covered bv the Plan.
3. The approximate total population anticipated within
the Plan's area.
6f1-CZ
4. A depiction of anv and all subareas or other districts
within which the Plan's provisions will be applied.
5. The standards. regulations. criteria and guidelines bv
which all development shall proceed within the Plan
and anv of its subareas or districts.
6. The proposed distribution, location. extent and
intensity of public facilities and services within the
area covered bv the Plan. and needed to support the
land uses included in the Plan. including but not
limited to transportation. sewer, drainage, water.
parks. etc.
7. A program indicating how and when the facilties and
services necessarv to support the developing land uses
will be installed or financed. and including the
following:
a. A list of the facilties and services.
b. An inventorv of present and future
requirements for each facilitv and service
based upon the City's Growth Management
Threshold Standards.
c. A phasing schedule that addresses the timing
for installation or provisions for required
facilities and services.
d. A financing program identifying the methods
for funding those facilities and services
consistent with the phasing schedule. and
insures that the funds are spent on said
facilities pursuant to the phasing schedule.
8. Provisions and procedures for the comprehensive
implementation and administration of the Plan.
19.07.012 Findin!!s reouired for recommendation and adoption.
A. The planning commission. after a public hearing. mav recommend approval
of a specific plan provided that it finds that the facts submitted with the plan
and presented at the hearing establish that:
1. The specific plan is in comformance with the City's
General Plan.
2. The specific plan was prepared in accordance with the
City.s municipal code and the California Government
Code provisions governing specific plans.
3. That the associated demands on public facilties and
services due to development allowed bv the specific
plan are identified prior to the development. and will be
blJ~q
mitigated orior to. or concurrent with the deve]ooment.
and in confromance with the City's Growth
Management Ordinance CYMC ] 9.09.
4. That a financinf! vrOl!ram has been vreavred which
identifies the methods for fundinf! for those facilities
and services consistent with the vhasinf! schedule . and
insures that the funds are svent on said facilities
vursuant to the vhasinf! schedule.
B. The o]anning commISSIOn may recommend disaoorova] of the soecific
o]an. may recommend aooroval of said olan as submitted. or may recommend
aooroval of said olan subiect to soecified modifications.
C. The city council. based uoon receiot of the o]anning commission
recommendation on the soecific olan shall conduct a oub]ic hearing thereon.
The city council may aoorove. deny or modify the o]an. Any action of
aooroval. or aooroval subiect to modifications. by the city council shall also
be subiect to the following findings:
1. The soecific olan is in comformance with the City's
General Plan.
2. The soecific o]an was oreoared in accordance with the
City's municioa] code and the California Government
Code orovisions governing soecific o]ans.
3. That the associated demands on oub]ic facilties and
services due to develooment allowed bv the soecific
olan are identified vrior to the develovment. and will be
mitigated orior to. or concurrent with the develooment.
and in conformance with the City's Growth
Management Ordinance CYMC ] 9.09.
4. That a financinf! vrOl!ram has been vreavred which
identifies the methods for fundinf! for those facilities
and services consistent with the vhasinf! schedule. and
insures that the funds are svent on said facilities
vursuant to the vhasinf! schedule.
19.07.020 AlIlHiHistmtioH of.
SectieRs e555Q throllgH e5553 of tlle GO'.eflllHeRt Cese of tHe state re]atiRg to
the aEllHiRistflltioR of s]3eeifie ]3laRs are HereBY ase]3tes aRS iRcofJ3omtea hereiR BY
refereRee as tllough set fer#! iR [till. (Ora. ] &51 ~ 2, ] 979; Ora. ] 825 ~ 2, ] 978).
19.07.030 Zoning implementation thereof.
A. Specific plans may be implemented through the adoption of standard zoning
ordinances, the planned community zone, as provided in this title, or by plan
6;q~/O
effectuation standards incorporated within the text of an individual specific plan.
The method of implementing an individual specific plan shall be established and
expressed by its adopting resolution or ordinance.
If the specific plan is to be implemented through the use of standard zones, any
open space uses or other public uses so designated on the specific plan may be
allowed to be developed in a manner logically consistent with and in conformity
to adjacent and contiguous land uses as shown on the specific plan; provided,
however, the developer must show that such development, which must be
residential, thus allowed will not increase the overall density of the total area
incorporated into the specific plan. Further, in no case shall any designated open
space land, or land designated for other public use in said specific plan, be
developed for any use other than residential. Should all adjacent and contiguous
land uses be designated for uses other than residential, the underlying land use on
such open space may be requested for development at no greater density than that
allowed in the R-E zone.
R If any territory subject to an adopted specific plan is zoned P-C, the involved
property owners may register their concurrence with terms and provisions of the
adopted specific plan, and may proceed with development in accordance
therewith; provided, that the required fees are paid, and the procedural and
substantive requirements of the P-C zone are met. The said registration of
concurrence shall, by operation of law, establish the adopted specific plan as the
general development plan of the involved P-C zone. If the property owners do not
register their concurrence with the terms and provisions of the adopted specific
plan, they may proceed with the development of their property through the use of
standard zoning, as provided hereinabove.
C. When a specific plan is adopted and existing zoning is thereby inconsistent
with the specific plan and the developer desires to develop the property in
accordance with the existing zoning, the developer must first submit a proposed
amendment to the specific plan. All such amendments shall be subject to public
hearings by the planning commission and the city council. If the amendment is
adopted, the developer can proceed with the normal processing of the
development proposal.
Notwithstanding the above provisions, those projects which have been
substantially processed consistent with existing zoning and which are affected by
a specific plan may proceed; provided, that the zoning administrator issues in
each case a permit to complete processing based upon the findings that the
effectiveness of the specific plan and the order and amenity of the community
would not be substantially impaired by the issuance of the permit.
Projects shall be deemed to be substantially processed where the property
owners have procured approved tentative subdivision or parcel maps, building
permits, conditional use permits, or design review committee approvals, in
furtherance of the proposed projects. The zoning administrator, furthermore, may
deem that projects have been substantially processed where the involved property
owners have submitted tentative subdivision or parcel maps or applications for
design review, but are awaiting consideration by the appropriate city agency or
official.
6 f/, II
Appeals from the actions of the zoning administrator may be filed, within 10
days after the dates of said actions, with the planning commission. Further appeals
to the city council may be submitted pursuant to the provisions of CYMC
]9.14.110 and ]9.]4.130. (Ord. 2327!p, ]989; Ord. 2076 ~], 1984; Ord. 1854
~ 2, 1979; Ord. ] 825 ~ 2, 1978).
19.07.035 Supersedence ofzoning designations.
Repealed by Ord. 2532910, 1992. (Res. 11903, ] 985)*
* Code reviser's note: Ord. 2532 renumbered the provisions of this section to be
Chs. ]9.8] to 19.87 CYMC.
b f/~ / :J-
op1\O~
ORDINANCE NO. _ ~\~G ~l) ~
ORDINANCE OF THE CITY ~~~ VISTA
AMENDING CHULA VISTA Mt7WCIPAL CODE
CHAPTER 19.80- CONTROLLED RESIDENTIAL
DEVELOPMENT
WHEREAS, in ]988, a citizen's trutlatlve, referred to as the "Cumming's
Initiative" was passed by a majority vote of the electorate and was incorporated as Chula
Vista Municipal Code ("CYMC") Chapter ]9.80 - Controlled Residentia] Development
by Ordinance 2309 ("CRDO"); and
WHEREAS, the Statement of purposes and intent section of the CRDO (CYMC
]9.80.020) states that the initiative was "not designed to halt quality growth, but to
ensure that rampant, unplanned development does not overtax facilities and destroy the
quality and home town character of Chula Vista;" and
WHEREAS, in its findings, the CRDO indicates the voters' position at that time,
that City had more than adequate time to produce a general plan to protect the quality of
life in Chula Vista but had failed to do so; and
WHEREAS, absent such a plan, the CRDO states that it was the intent of the
people to establish control over the quality and rate of growth of Chula Vista in the
interest of preserving the character of the community; protecting the open space of the
city; protecting the quality of life in the City; ensuring the adequacy of city facilities,
school facilities, recreation, park facilities and services, fire and police and paramedic
protection, and water and sanitary sewer systems; ensuring the balanced development of
the city; and ensuring that the future traffic demands do not exceed the capacity of
streets; and
WHEREAS, to carry this out, the CRDO requires the staged provision of public
services and facilities commensurate with growth through funding mechanisms such as a
system of fees, collected from developers at the time of new development, and also
contains a provision limiting the frequency of residential rezones outside Planned
Community (PC) zoned areas to the next highest category over a two-year period in
order to create a control on the pace of development to allow the provision of public
facilities and services to catch up if necessary; and
WHEREAS, the CRDO also states that areas zoned or proposed to be rezoned
Planned Community (PC) are deemed in compliance with its zoning limitation
provisions in recognition that PC zoned areas are required under the City's codes to
include a comprehensive public facility and service planning and funding provisions;
and
I
~l3-)
Ordinance No.
Page 2
WHEREAS, further provISIons of the CRDO acknowledge that the voters
expected the City to take corrective growth management actions in the future as follows:
. Section 19.80.030 indicates that the City shall ensure the revised General Plan has
a "public facilities and services element" such that development shall not occur
until additional, necessary public facilities and services to support the
development are assured.
. Section 19.80.040 indicates the City shall assure all funds necessary to meet
public facility and services element needs through financing methods including
but not limited to bonding, reimbursement agreements, development agreements,
assessment districts, community facility districts, etc.
. Section 19.80.080 authorizes and directs the City Council to adopt such further
ordinances, resolutions, policies and procedures consistent with the ordinance's
purpose and intents.
. Section 19.80.100; allows for modfication of the ordinance through a public
hearing, provided the amendment is clearly in keeping with the ordinance's intent.
. Section 19.80110 states that the ordinance is inconsistent with, and intended as
an alternative to, any intiative or ordinance that would place a fixed numeric or
rate limit on residential construction, or that would establish inflexible standards
for public faciltities requirements; and
WHEREAS, in the approximately 20 years since adoption of the CRDO, and
consistent with these intents and directions, the City has undertaken the following major
efforts to establish an integrated system of growth management programs, standards,
regulations, facility master plans, funding systems and monitoring activities that create a
system of checks and balances that ensure new development keeps in step with the
provision of public services and facilities, including:
. Adoption of a city policy in 1987 establishing a set of eleven growth
management Quality-of-Life Threshold Strandards and establishing a Growth
Management Oversight Commission (GMOC) comprised of nine citizens who
meet annually to monitor and report on existing and projected development's
compliance with each of the eleven Threshold Standards.
. Adoption of a comprehensive General Plan update in 1989, including both a
Public Facilities and Services Element and a Growth Management Element.
. Adoption of a Growth Management Program (GMP) document, and a Growth
Management Ordinance (GMO) (CYMC 19.09) in 1991.
I.
.-
68-d-
Ordinance No.
Page 3
. Established and/or updated a number of fee and financing programs requiring
new development to provide their proportionate contribution to public services
and facilities, including the following among others:
. City-wide Public Facilties Development Impact Fee (DIF)
. Eastern CV Transportation DIF
. City-wide Park Acquisition and Development (PAD) Fee
. City-wideRecreation DIF
. Community Facility Districts (CFDs)
. Assessment Districts
. Sewer fees
. Storm drain fees
. Traffic signal fees
. Adotion and maintenance of facility master plans and/or strategic plans for police,
fire, libraries, parks, sewers, and drainage among others.
. Preparation of annual growth forecasts, and the conduct of various monitoring
programs to track the amount and effect of growth such as the annual Traffic
Monitoring Program (IMP).
. Adoption of a second comprehensive General Plan update in 2005, including
updated Public Facilties & Services, and Growth Management Elements; and
WHEREAS, CYMC 19.09 has further integrated standards and facilities
evaluation, and plans for the funding and phasing of public services and facilities
commensurate with growth, into the development process and has established the
requirement related "Public Facilities Financing Plans ("PFFPs") as part of Sectional
Planning Area ("SPA") Plan process; and
WHEREAS, in 1984 the State of California enacted Government Code Sections
65450-65457 that allow for the preparation of specific plans to implement a city's
General Plan, and which are incorporated into CYMC Chapter 19.07 ~ Specific Plans;
and
WHEREAS, similar to a SPA plan, specific plans must identify the proposed
distribution, location, and extent and intensity of major components of public and private
transportation, sewage, water, drainage, solid waste disposal, energy, and other essential
facilities proposed to be located within the area covered by the plan, and needed to
support the land uses, and must include a plan and mechanisms for the provision of said
public services and facilities commensurate with growth; and
WHEREAS, as a result, and pursuant to Government Code Section 65451, zoning
or rezoning land under a planned community (PC) zone is analogous to rezoning as part
of a specific plan, in that, both must: (i) be consistent with the City's General Plan; (ii)
comply with the City's growth management programs; (iii) contribute proportionally to
68-3
Ordinance No.
Page 4
public seIVices and facilities through the City's various impact fee programs; (iv) identify
the public facilities and services needs of the proposed development, as well as how those
needs will be met; and (v) complete an environmental review process which includes
identification of mitigation measures related to significant environmental impacts, which
can include but not be limited to the provision of public services and facilities; and
WHEREAS, Section 19.80.070 of the CRDO provides that property zoned or
rezoned as part of a planned community (PC) is deemed to be in compliance with its
zoning provisions; and
WHEREAS, given the required content for specific plans as stated, specific plans
should be similarly recognized as being compliant with the intents of the CRDO; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
March 28,2007, and recommended that the City Council adopt an Ordinance approving
the proposed zoning text amendments; and
WHEREAS, the proceedings and evidence introduced before the Planning
Commission at the public hearing on this proposal held March 28, 2007, and the minutes
and resolution resulting there from. are hereby incorporated into the record of these
proceedings; and
WHEREAS, the City Clerk set the time and place for a hearing on said zoning
text amendments by the Chula Vista Redevelopment Corporation and the City Council
for April 12, 2007, and notice of said hearing, together with its purpose, was given
pursuant to California Government Code 65091 and 65092 at least ten days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely on
April 12,2007, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before
the Chula Vista Redevelopment Corporation and the City Council; and
WHEREAS, after hearing staff presentation and receiving public testimony said
hearing was thereafter closed; and
WHEREAS, the Chula Vista Redevelopment Corporation approved a Resolution
recommending that the City Council adopt an Ordinance approving the proposed zoning
text amendments; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that there is no possibility that the activity may have a significant effect on
the environment because the project consists of amendments to the City of Chula Vista
Municipal Code to clarify the requirements of Chapters 19.07 and 19.80; therefore,
pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject
to CEQA, and no environmental review is necessary.
613-1
Ordinance No.
Page 5
NOW THEREFORE THE CITY COUNCil- ofthe City ofChula Vista, does ordain as
follows:
I. That specific plans, prepared pursuant to Government Code Section 65450 et seq.
and Chula Vista Municipal Code Chapter 19.07, are similar to the planned
community (PC) zone and its implementing SPA plans, and also require a plan for,
and mechanisms to ensure that, new development provides adequate public
services and facilities
2. That thereby amending the Section 19.80.070 of the CRDO to include areas zoned
or proposed to be rezoned as part of comprehensive specific plan, is clearly in
keeping with the intents of the CRDO.
3 That the proposed amendments to CROO Section 19.80.070 as presented in
Exhibit A attached hereto, in conjunction with the proposed amendments to
CYMC Chapter 1907, clearly and effectively are keeping with the intent of the
CROO, and will ensure that needed public facilities and services to support the
specific plan land uses will be provided in advance of: or concurrent with
development, as required in CYMC Chapter 19.07.
4. That Chula Vista Municipal Code Chapter 19.80 be accordingly amended as
depicted in underline format in Exhibit A attached hereto.
Effective Date
This ordinance shall take effect and be in full force on the thirtieth day from and
after its second reading.
Presented by
Approved as to form by
James D. Sandoval
Director of Planning and Building
Ann Moore
City Attorney
-
-r. ( ~'
68-5
Exhibit A to City Council Ordinance
Proposed Amendments to Chuta Vista Municipal Code
Chapter 19.80
CONTROLLED RESIDENTIAL DEVELOPMENT
Sections:
19.80.010 Findings.
19 80 020 Statement of purposes and intent.
19.80.030 No development without adequate public services and facilities.
1980040 Funding of public services and facilities.
19.80.050 Timely renovation or expansion of public services and facilities.
19.80.060 Limitations of residential development exemptions.
19.80.070 Chula Vista zoning code modification.
19.80.080 Adoption of consistent policies.
19.80.090 Ordinances in conflict.
19.80 100 Modification.
19.80. II 0 Statement of voter intent.
19.80.120 Judicial review.
19.80.130 Severability.
19.80.140 Codification.
19.80.150 Effective date.
19.80. 160 Publication.
19.80.010 Findings.
A. The city council of Chula Vista has had more than adequate time to produce a general plan
that will protect the quality of life and home town character of Chula Vista, now and in the
future, and has failed to do so.
B. The city is experiencing a period of intense residential development which adversely affects
the health, safety and welfare of the citizens of Chula Vista, and;
C. This intense development has overloaded the capacity of the city streets and thoroughfares
to move traffic safely, efficiently, and has failed to meet traffic demands, and;
D. This intense development has impacted neighborhood schools' capacity to absorb children,
and;
E. This intense development has overburdened existing open space for recreational facilities
and parks, and;
F. This intense development has hindered the city's ability to provide police, fire and
paramedic protection at a satisfactory level. (Ord. 2309 Initiative 1988).
19.80.020 Statement of purposes and intent.
A. Chula Vista has experienced and continues to experience uncontrolled rapid residential
growth. This unprecedented growth is having a serious impact on the city's traffic flow, schools,
street maintenance, water and sewer services, environmental quality and the city's overall quality
oflife today and in the foreseeable future. The purpose of this measure is to qualify an effective
and fair growth management ordinance by initiative petition of the voters, one that will control
growth and protect the quality of life. This measure is not designed to halt quality growth, but to
ensure that rampant, unplanned development does not overtax facilities and destroy the quality
and home town character ofChula Vista.
Exhibit A to City Council Ordinance
Proposed Amendments to CVMC 19.80 (April 2007)
&6-~
'~2, r\ _ '
Page I of5
B. It is the intent of the people of the city to better plan for and control the rate of residential
growth in the city in order that the services provided by the city, school, park, utility and/or
service agencies operating in the city can be properly and effectively staged in a manner which
will not overextend existing facilities, and in order that deficient services may be brought up to
required and necessary standards while minimizing, by means of long-range financial planning,
the avoidable problems of shortsighted piecemeal growth. In order to accomplish this, this
ordinance will guarantee that any fees collected for drainage, schools, streets, utilities, parks and
recreation facilities shall be collected or assured by the developers in advance of development
impacts and shall be properly utilized and spent by the city or agency in a timely manner to
ensure that the impact of the development will not have a negative impact on the residents of
Chula Vista.
C. It is the intent of the people of the city to establish control over the quality and rate of
growth of the city in the interest of: preserving the character of the community; protecting the
open space of the city; protecting the quality of life in the city; ensuring the adequacy of city
facilities, school facilities, recreation and park facilities and services; ensuring the balanced
development of the city; preventing further the significant deterioration of environmental quality;
ensuring that the future traffic demands do not exceed the capacity of streets; ensuring the
character of the city's existing neighborhoods are preserved; ensuring the adequacy of fire and
police and paramedic protection; and ensuring adequate water and sanitary sewer systems. (Ord.
2309 Initiative 1988).
19.80.030 No development witbout adequate public services and facilities.
The city council shall ensure that the revised general plan will have a specific element known
as the "public services and facilities element." The purpose of the element is to ensure
development shall not occur in the city of Chula Vista that would degrade existing public
services and facilities below acceptable standards until all additional necessary public services
and facilities required for that development are assured or scheduled for timely completion as
determined by the city council in accordance with but not limited to the following criteria:
A. If the existing major city streets and thoroughfares do not have the capacity to
accommodate the proposed development without substantially altering existing traffic patterns or
overloading the existing street system, then construction or widening of a major link or links in
the major traffic network shall be staged as necessary to ensure the quality of existing traffic
flow is maintained.
B. If the existing drainage facilities cannot adequately dispose of the surface runoff of the
proposed development, then incremental construction of major and/or minor water course
facilities shall be required.
C. If the existing water storage and distribution systems cannot service the needs of the
proposed development, then incremental construction of major water system improvements shall
be required.
D. If the existing city parks and recreation facilities are, according to the established standards,
inadequate to serve the proposed development, financing and/or construction of parks and
recreation facilities shall be required.
E. The fire and police departments shall have the capacity to provide fire and police protection
in accordance with established response standards and fiscal policies of the city.
F. The appropriate school districts shall have the capacity to absorb the children expected to
inhabit the proposed development
Exhibit A to City Council Ordinance
Proposed Amendments to CVMC 19.80 (April 2007)
Page 2 of 5
(j;8-7
G. The libraries shall have the capacity to properly service the people expected to inhabit the
proposed development.
H. The capacity of sanitary sewer plants and eflluent lines to dispose of waste of the proposed
development shall be sufficient, or contributions by the proposed development toward additional
construction of additional sewer system improvements shall be required. (Ord. 2309 Initiative
1988).
19.80.040 Funding of public services and facilities.
A. The city council shall require that any individual, partnership, joint venture or corporation
receiving approval of a tentative subdivision map or any other discretionary approvals for any
development project shall assure all funds necessary to meet public service and facility element
needs and assure developer's participation in the timely construction and financing offacilities.
B Assurance of construction and financing is defined as any acceptable financing method
including but not limited to bonding, reimbursement agreement, development agreements,
assessment districts, community facilities districts that provides assurance to the city that the
required funds or improvements shall become available for the timely renovation or expansion of
impacted public services and facilities
C. The city council shall expend all funds collected under Section 19.80.040A solely for the
purpose for which they were advanced. (Ord. 2309 Initiative 1988).
19.80.050 Timely renovation or expansion of pnblic services and facilities.
Occupancy of residential development projects shall occur only in increments until related
agreed upon renovations or expansions to the public services and facilities are scheduled for
timely completion. (Ord. 2309 Initiative 1988)
19.80.060 Limitations of residential development exemptions.
The following are the only allowable exemptions under this ordinance:
A. Single family dwellings on existing single-family lots.
B. Rehabilitation, or remodeling of existing dwellings or replacement of an existing dwelling
or a conversion of apartments to condominiums not adding any units.
C. Any development project that has vested rights prior to July I, 1988. This measure shall
apply to all proposed development or redevelopment of Chula Vista except a development or
redevelopment proposal which has obtained a "vested right" as of the effective date of this
measure. For purposes of this measure, a "vested right" shall be:
I. "A project's right is vested where a property owner has performed substantial work and
incurred substantial liabilities in good faith reliance upon a permit issued by the city."
2. The "substantiality" of the expenditures incurred and of construction performed and the
question of whether or not such expenditures and construction were in "good faith" are questions
of fact to be determined on a case by case basis by the city council following application by the
landowner or developer and upon notice to the interested public, and following public hearing.
D. Except for A., B, and C ofthis section, any development shall provide all necessary public
services and facilities required to serve that development are insured in accordance with the
criteria set forth in Section 19.80.040. (Ord. 2309 Initiative 1988).
I
I ~ \
Exhibit A to City Council Ordinance
Proposed Amendments to CYMC 19.80 (April 2007)
Page 3 of5
b.8--g
19.80.070 Cbula Vista zoning code modification.
A. Rezoning of property designated for residential development under the city's zoning code
shall be permitted only to the next highest residential density category in any two year period
according to the following schedule:
A Agricultural Zone
R-E Residential Estates Zone
R-I Single Family Residential Zone
R-2 One- and Two-Family Residential Zone
R-} Apartment Residential Zone
Property in the county pre-zoned for annexation as part of a planned community shall be
deemed in compliance with this section regardless of the county zoning approved for the
property. Property in the city zoned or proposed to be rezoned as part of a planned community
shall be deemed in compliance with this section.
Property in the citv zoned or proposed to be rezoned as Par! of a comprehensive specific plan
shall be deemed in compliance with this section onlv in such instance that the specific plan
conforms to the reQuirements ofCVMC 19.07 and is supported bv the requisite findings of the
illf1nning commission and city counciL as set forth in CVMC 1907.012.
This section shall not apply to rezones from a residential to a residential agricultural category.
B. Any annexation oflands within the city's sphere of influence shall conform to the purposes,
intent and requirements of this ordinance.
C. After property is annexed by the city, the prezoning approved for the subject property
cannot be amended or changed in any way for a two year period. This provision shall apply only
to prezones approved after the effective date of this ordinance.
D. Rezoning commercial or industrial property to a residential zone shall be permitted only to
the maximum residential density corresponding to the potential traffic generation that was
applicable prior to the rezoning to residential. In addition, property which is rezoned from
residential to commercial or industrial may not be rezoned to a residential category of higher
density than that which was applicable prior to the rezoning to commercial or industrial. This
provision shall apply only to rezones approved after the effective date of this ordinance.
E. Property which has been previously zoned which changes unit configuration resulting in the
same or a decreased level of density (units) shall not be considered a zone change under this
section. (Ord. 2309 Initiative 1988).
19.80.080 Adoption of consistent policies.
The city council of the city of Chula Vista is hereby authorized and directed to adopt such
further ordinances, rewlutions, policies or procedures consistent with the pUl1>OseS, intents and
requirements of the ordinance. (Ord. 2309 Initiative 1988)
Exhibit A to City Council Ordinance
Proposed Amendments to CYMC 19.80 (April 2007)
Page 4 of 5
68-1
19.80.090 Ordinances in contlict.
All provisions of the chaner. city ordinances or provisions thereof in conflict with this chapter
are hereby repealed. (Ord. 2309 Initiative 1988).
19.80.100 Modification.
The city council may, after a public hearing, and by an affirmative vote of no less than five
members of the city council, amend any part of this ordinance, if said amendment and only if
said amendment is clearly in keeping with the intent of this ordinance. Or, by no less than three
affirmative votes of the city council, the city council may place a proposed amendment onto a
ballot for the purpose of obtaining a binding vote of the people of the city concerning said
amendment. (Ord. 2309 Initiative 1988).
19.80.110 Statement of voter intent.
This ordinance is inconsistent with and intended as an alternative to any initiative or ordinance
which would place a fixed numerical limitation on the rate of residential construction or establish
inflexible standards for the requirements of public facilities to be provided by any development
project. If this ordinance and any such initiative ordinance are both passed by a majority voting
thereon then the one with the most votes shall prevail. (Ord. 2309 Initiative 1988).
19.80.120 Judicial review.
A. Any legal action to challenge a decision or denial of the councilor any other government
body performing a function under this ordinance. must be filed in a court of competent
jurisdiction within 30 days immediately following the action challenged.
B. Any legal action to challenge any provision of this ordinance or to challenge the intent of
this ordinance, must be vigorously defended by the city. (Ord. 2309 Initiative 1988).
19.80.130 Severability.
If any provision of this ordinance, or the application thereof, to any person or circumstance is
held invalid by a court of competent jurisdiction, the validity of the remainder of this ordinance
and the application of such provisions to other persons or circumstances shall not be affected
thereby. (Ord. 2309 Initiative 1988).
19.80.140 Codification.
This ordinance shall be codified. (Ord. 2309 Initiative 1989).
19.80.150 Effective date.
This ordinance shall be considered as adopted upon the date that the vote is certified by the
city clerk, and shall go into effect immediately thereafter. (Ord 2309 Initiative 1988).
19.80.160 Publication.
The city clerk of the city of Chula Vista is hereby directed to publish this ordinance within
fifteen days after its passage in the Chula Vista Star News, a newspaper of general circulation in
the city ofChula Vista (Ord. 2309 Initiative 1988).
H:\PLANNING\General]lan\GPU_ImpJementation'CVMC 19_07 & 19.&0 Amendments\CVMC 19.80 textameod final CC.doc
Exhibit A to City Council Ordinance
Proposed Amendments to CYMC 19.80 (April 2007)
Page 5 of5
i?t3-lrJ
Exhibit A to City Council Ordinance
Proposed Amendments to Chula Vista Municipal Code
Chapter 19.80
CONTROLLED RESIDENTIAL DEVELOPMENT
Sections:
19.80.010 Findings.
19.80.020 Statement of purposes and intent.
19.80.030 No development without adequate public services and facilities.
19.80.040 Funding of public services and facilities.
19.80.050 Timely renovation or expansion of public services and facilities.
19.80.060 Limitations of residential development exemptions.
19.80.070 Chula Vista zoning code modification.
19.80.080 Adoption of consistent policies.
19.80.090 Ordinances in conflict.
19.80.100 Modification.
19.80.110 Statement of voter intent.
19.80.120 Judicial review.
19.80.130 Severability.
19.80.140 Codification.
19.80.150 Effective date.
19.80.160 Publication.
19.80.010 Findings.
A. The city council of Chula Vista has had more than adequate time to produce a general plan
that will protect the quality of life and home town character of Chula Vista, now and in the
future, and has failed to do so.
B. The city is experiencing a period of intense residential development which adversely affects
the health, safety and welfare of the citizens ofChula Vista, and;
C. This intense development has overloaded the capacity of the city streets and thoroughfares
to move traffic safely, efficiently, and has failed to meet traffic demands, and;
D. This intense development has impacted neighborhood schools' capacity to absorb children,
and;
E. This intense development has overburdened existing open space for recreational facilities
and parks, and;
F. This intense development has hindered the city's ability to provide police, fire and
paramedic protection at a satisfactory level. (Ord. 2309 Initiative 1988).
19.80.020 Statement of purposes and intent.
A. Chula Vista has experienced and continues to experience uncontrolled rapid residential
growth. This unprecedented growth is having a serious impact on the city's traffic flow, schools,
68-//
street maintenance, water and sewer services, environmental quality and the city's overall quality
of life today and in the foreseeable future. The purpose of this measure is to quality an effective
and fair growth management ordinance by initiative petition of the voters, one that will control
growth and protect the quality of life. This measure is not designed to halt quality growth, but to
ensure that rampant, unplanned development does not overtax facilities and destroy the quality
and home town character of Chula Vista.
B. It is the intent of the people of the city to better plan for and control the rate of residential
growth in the city in order that the services provided by the city, school, park, utility and/or
service agencies operating in the city can be properly and effectively staged in a manner which
will not overextend existing facilities, and in order that deficient services may be brought up to
required and necessary standards while minimizing, by means of long-range financial planning,
the avoidable problems of shortsighted piecemeal growth. In order to accomplish this, this
ordinance will guarantee that any fees collected for drainage, schools, streets, utilities, parks and
recreation facilities shall be collected or assured by the developers in advance of development
impacts and shall be properly utilized and spent by the city or agency in a timely manner to
ensure that the impact of the development will not have a negative impact on the residents of
Chula Vista.
C. It is the intent of the people of the city to establish control over the quality and rate of
growth of the city in the interest of: preserving the character of the community; protecting the
open space of the city; protecting the quality of life in the city; ensuring the adequacy of city
facilities, school facilities, recreation and park facilities and services; ensuring the balanced
development of the city; preventing further the significant deterioration of environmental quality;
ensuring that the future traffic demands do not exceed the capacity of streets; ensuring the
character of the city's existing neighborhoods are preserved; ensuring the adequacy of fire and
police and paramedic protection; and ensuring adequate water and sanitary sewer systems. (Ord.
2309 Initiative 1988).
19.80.030 No development without adequate public services and facilities.
The city council shall ensure that the revised general plan will have a specific element known
as the "public services and facilities element." The purpose of the element is to ensure
development shall not occur in the city of Chula Vista that would degrade existing public
services and facilities below acceptable standards until all additional necessary public services
and facilities required for that development are assured or scheduled for timely completion as
determined by the city council in accordance with but not limited to the following criteria:
A. If the existing major city streets and thoroughfares do not have the capacity to
accommodate the proposed development without substantially altering existing traffic patterns or
overloading the existing street system, then construction or widening of a major link or links in
the major traffic network shall be staged as necessary to ensure the quality of existing traffic
flow is maintained.
B. If the existing drainage facilities cannot adequately dispose of the surface runoff of the
proposed development, then incremental construction of major and/or minor water course
facilities shall be required.
C. I f the existing water storage and distribution systems cannot service the needs of the
proposed development, then incremental construction of major water system improvements shall
be required.
6t3-/d-
D. If the existing city parks and recreation facilities are, according to the established standards,
inadequate to serve the proposed development, financing and/or construction of parks and
recreation facilities shall be required.
E. The fire and police departments shall have the capacity to provide fire and police protection
in accordance with established response standards and fiscal policies of the city.
F. The appropriate school districts shall have the capacity to absorb the children expected to
inhabit the proposed development.
G. The libraries shall have the capacity to properly service the people expected to inhabit the
proposed development.
H. The capacity of sanitary sewer plants and effluent lines to dispose of waste of the proposed
development shall be sufficient, or contributions by the proposed development toward additional
construction of additional sewer system improvements shall be required. (Ord. 2309 Initiative
1988).
19.80.040 Funding of public services and facilities.
A. The city council shall require that any individual, partnership, joint venture or corporation
receiving approval of a tentative subdivision map or any other discretionary approvals for any
development project shall assure all funds necessary to meet public service and facility element
needs and assure developer's participation in the timely construction and financing of facilities.
B. Assurance of construction and financing is defined as any acceptable financing method
including but not limited to bonding, reimbursement agreement, development agreements,
assessment districts, community facilities districts that provides assurance to the city that the
required funds or improvements shall become available for the timely renovation or expansion of
impacted public services and facilities.
C. The city council shall expend all funds collected under Section 19.80.040A solely for the
purpose for which they were advanced. (Ord. 2309 Initiative 1988).
19.80.050 Timely renovation or expansion of public services and facilities.
Occupancy of residential development projects shall occur only in increments until related
agreed upon renovations or expansions to the public services and facilities are scheduled for
timely completion. (Ord. 2309 Initiative 1988).
19.80.060 Limitations of residential development exemptions.
The following are the only allowable exemptions under this ordinance:
A. Single family dwellings on existing single-family lots.
B. Rehabilitation, or remodeling of existing dwellings or replacement of an existing dwelling
or a conversion of apartments to condominiums not adding any units.
C. Any development project that has vested rights prior to July I, 1988. This measure shall
apply to all proposed development or redevelopment of Chula Vista except a development or
redevelopment proposal which has obtained a "vested right" as of the effective date of this
measure. For purposes of this measure, a "vested right" shall be:
1. "A project's right is vested where a property owner has performed substantial work and
incurred substantial liabilities in good faith reliance upon a permit issued by the city."
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2. The "substantiality" of the expenditures incurred and of construction performed and the
question of whether or not such expenditures and construction were in "good faith" are questions
of fact to be determined on a case by case basis by the city council following application by the
landowner or developer and upon notice to the interested public, and following public hearing.
D. Except for A, B, and C of this section, any development shall provide all necessary public
services and facilities required to serve that development are insured in accordance with the
criteria set forth in Section 19.80.040. (Ord. 2309 Initiative 1988).
19.80.070 ChuIa Vista zoning code modification.
A. Rezoning of property designated for residential development under the city's zoning code
shall be permitted only to the next highest residential density category in any two year period
according to the following schedule:
A Agricultural Zone
R-E Residential Estates Zone
R-I Single Family Residential Zone
R-2 One- and Two-Family Residential Zone
R-3 Apartment Residential Zone
Property in the county pre-zoned for annexation as part of a planned community shall be
deemed in compliance with this section regardless of the county zoning approved for the
property. Property in the city zoned or proposed to be rezoned as part of a planned community
shall be deemed in compliance with this section.
Propertv in the city zoned or proposed to be rezoned as part of a comprehensive specific plan
shall be deemed in compliance with this section only in such instance that the specific plan
conforms to the requirements of CYMe 19.07. and is supported by the requisite findings of the
planning commission and city council. as set forth in CYMC 19.07.012.
This section shall not apply to rezones from a residential to a residential agricultural category.
B. Any annexation oflands within the city's sphere of influence shall conform to the purposes,
intent and requirements of this ordinance.
C. After property is annexed by the city, the prezoning approved for the subject property
cannot be amended or changed in any way for a two year period. This provision shall apply only
to prezones approved after the effective date of this ordinance.
D. Rezoning commercial or industrial property to a residential zone shall be permitted only to
the maximum residential density corresponding to the potential traffic generation that was
applicable prior to the rezoning to residential. In addition, property which is rezoned from
residential to commercial or industrial may not be rezoned to a residential category of higher
density than that which was applicable prior to the rezoning to commercial or industrial. This
provision shall apply only to rezones approved after the effective date of this ordinance.
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E. Property which has been previously zoned which changes unit configuration resulting in the
same or a decreased level of density (units) shall not be considered a zone change under this
section. (Ord. 2309 Initiative J 988).
19.80.080 Adoption of consistent policies.
The city council of the city of Chula Vista is hereby authorized and directed to adopt such
further ordinances, resolutions, policies or procedures consistent with the purposes, intents and
requirements of the ordinance. (Ord. 2309 Initiative 1988).
19.80.090 Ordinances in conflict.
All provisions of the charter, city ordinances or provisions thereof in conflict with this chapter
are hereby repealed. (Ord. 2309 Initiative 1988).
19.80.100 Modification.
The city council may, after a public hearing, and by an affirmative vote of no less than five
members of the city council, amend any part of this ordinance, if said amendment and only if
said amendment is clearly in keeping with the intent of this ordinance. Or, by no less than three
affirmative votes of the city council, the city council may place a proposed amendment onto a
ballot for the purpose of obtaining a binding vote of the people of the city concerning said
amendment. (Ord. 2309 Initiative 1988).
19.80.110 Statement of voter intent.
This ordinance is inconsistent with and intended as an alternative to any initiative or ordinance
which would place a fixed numerical limitation on the rate ofresidential construction or establish
inflexible standards for the requirements of public facilities to be provided by any development
project. If this ordinance and any such initiative ordinance are both passed by a majority voting
thereon then the one with the most votes shall prevail. (Ord. 2309 Initiative J 988).
19.80.120 Judicial review.
A. Any legal action to challenge a decision or denial of the councilor any other government
body performing a function under this ordinance, must be filed in a court of competent
jurisdiction within 30 days immediately following the action challenged.
B. Any legal action to challenge any provision of this ordinance or to challenge the intent of
this ordinance, must be vigorously defended by the city. (Ord. 2309 Initiative 1988).
19.80.130 Severability.
If any provision of this ordinance, or the application thereof, to any person or circumstance is
held invalid by a court of competent jurisdiction, the validity of the remainder of this ordinance
and the application of such provisions to other persons or circumstances shall not be affected
thereby. (Ord. 2309 Initiative 1988).
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19.80.140 Codification.
This ordinance shall be codified. (Ord. 2309 Initiative 1989).
19.80.150 Effective date.
This ordinance shall be considered as adopted upon the date that the vote is certified by the
city clerk, and shall go into effect immediately thereafter. (Ord. 2309 Initiative 1988).
19.80.160 Publication.
The city clerk of the city of Chula Vista is hereby directed to publish this ordinance within
fifteen days after its passage in the Chula Vista Star News, a newspaper of general circulation in
the city of Chula Vista. (Ord. 2309 Initiative 1988).
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