HomeMy WebLinkAboutPlanning Comm Reports /2007/03/28
AGENDA
MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
Wednesday, March 28, 2007
Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER:
ROLL CALL I MOTIONS TO EXCUSE:
Planning Commission:
Felber_ Vinson Moctezuma Bensoussan
Tripp_ Clayton_Spethman_
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE:
ORAL COMMUNICATIONS:
Opportunity for members of the public to speak to the Planning Commission on any
subject matter within the Commissions' jurisdiction, but not an item on today's agenda.
Each speaker's presentation may not exceed three minutes.
1 PUBLIC HEARING:
PCA 07-04; Consideration of Amendments to Chula
Vista Municipal Code Chapters 19.07 - Specific Plans,
and 19.80 - Controlled Residential Development.
(Legislative)
Project Manager: Ed Batchelder, Advance Planning Mgr.
Planning Commission Agenda
-2-
March 28, 2007
2 PUBLIC HEARING:
PCM 07-01; Consideration of the Urban Core
Specific Plan and related rezoning actions. (Legislative)
Project Manager: Mary Ladiana, Planning & Housing
Manager
3. PUBLIC HEARING:
PCC 07-01; Consideration of a Conditional Use
Permit to permit Leap and Bound Academy, a 16,381
SF childcare learning center on a Community
Purpose Facility (CPF) site within the Rolling Hills
Ranch planned Community. Seeker Development
LLC. (Quasi-Judicial)
Staff recommends that public hearing be continued to April 11, 2007.
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
ADJOURNMENT: To a Regular Planning Commission meeting on April 11 , 2007.
CHULA VISTA
PLANNING
COMMISSION
AGENDA STATEMENT
ITEM TITLE: PUBLIC HEARING: PCA-07-04; CONSIDERATION OF
AMENDMENTS TO CHULA VISTA MUNICIPAL CODE
CHAPTERS 19.07 - SPECIFIC PLANS, AND 19.80-
CONTROLLED RESIDENTIAL DEVELOPMENT
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING CITY COUNCIL
APPROVAL OF PROPOSED AMENDMENTS TO CHULA
VISTA MUNICIPAL CODE CHAPTERS 19.07 AND 19.80
SUBMITTED BY: DIRECTOR OF PLANNING AND BUILDING
INTRODUCTION
In the late 1980s, a citizen's initiative, referred to as the "Cumming's Initiative" was
passed by a majority vote of the electorate and was incorporated as Chula Vista
Municipal Code (CVMC) Section 19.80-Controlled Residential Development (Ordinance
2309 Initiative 1988). The purpose and intent of the initiative was generally to ensure
the quality of life for the residents of Chula Vista. At that time, the City was confronted
with a period of high growth and development activity as master plans for large tracks of
land in eastern Chula Vista were being approved (i.e. Rancho Del Rey, Terra Nova,
Eastlake, etc.), and residents were concerned that development would overtax public
facilities and services, absent some form of controls. The ordinance states that the
intent 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".
At that time, most of the extensive and sophisticated growth management programs,
standards, facility master plans and funding systems the City has in place today did not
exist, and our growth management Threshold Standards were in their infancy. In the
absence of comprehensive provisions, one of the features of CVMC 19.80 relied on
limiting the frequency of residential rezones to the next highest category over a two-year
period (R1 to R2, R2 to R3, etc.), thereby limiting the pace of growth. This was
intended to create a form of safety net to allow the provision of services and facilities
time to catch up if necessary.
PAGE 2, ITEM NO.: 1
MEETING DATE: MARCH 28, 2007
When the intiative was crafted, some areas of the City (those zoned Planned
Community (PC)) already had an obligation to prepare comprehensive public facility and
service plans to support proposed development, and as a result, CVMC 19.80 states
that areas zoned or proposed to be rezoned to planned community (PC) are deemed in
compliance with the Controlled Residential Development Ordinance's zoning provisions
(Section 19.80.070). However, Section 19.80.070 does not recognize the use of
specific plans prepared pursuant to City ordinance and the State Government Code to
achieve this same end. Specific Plans are widely used comprehensive zoning
mechanisms that are very similar to the Sectional Planning Area (SPA) Plans used to
implement the City's PC zoned areas. They are also required to be accompanied by
programs and implementation measures necessary to implement comprehensive public
facilities and services.
Considering this, and the extensive growth management requrements and programs
that have been instituted in the City in the approximately 20 years since CVMC 19.80
was created, Specific Plans should be similarly recognized as being compliant with the
intents of the Controlled Residential Development Ordinance. The proposed
amendments are intended to accomplish this.
ENVIRONMENTAL REVIEW
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. Thus, no environmental review is necessary. Although environmental review
is not necessary at this time, when subsequent projects in accordance with Chapters
19.07 and 19.80 have been defined, environmental review will be required and a CEQA
determination completed prior to approval of any such projects.
RECOMMENDATION
That the Planning Commission approve the proposed Resolution.
BACKGROUND
Concerns & Intents Expressed in the Cumminqs Initiative-
As noted in the opening section of this report, amid the growth pressures of the mid-
1980s, and absent a comprehensive City plan or system for growth management,
voters passed the Cummings Initiative which became the Controlled Residential
PAGE 3, ITEM NO.: 1
MEETING DATE: MARCH 28, 2007
Development Ordinance (CVMC 19.80) to ensure that any rapid, unplanned
development did not overtax public facilities and services, and degrade the quality of life
in Chula Vista.
To carry this out, the Ordinance 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. These fees are to be
spent by the City, in a timely manner, on public facilities and services to ensure that new
development will not have a negative impact on the residents of Chula Vista. Along with
this were the phased zoning provisions metioned earlier.
In the findings section (19.80.010), the initiative acknowledged that voters felt the City
had more than adequate time to produce a general plan to address pending new
development and protect quality of life, but had failed to do so. As a result, the measure
was presented to qualify an effective and fair growth management ordinance by the
voters. Toward acknowledging that the voters expected the City to take corrective
growth management actions in the future, the ordinance contains the following among
its provisions:
. 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. It goes on to state all the facilties and services to be
encompassed.
. 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. It requires a unanimous (5-0) Council vote to make such an amendment.
. Section 19.80.110; 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.
PAGE 4, ITEM NO.: 1
MEETING DATE: MARCH 28, 2007
Growth Manaqement proqress in Chula Vista since passaqe of the Controlled
Residential Development Ordinance -
Over the last 20 years since CVMC 19.80 was approved, the City of Chula Vista has
made signficant accomplishments in responding to the above recited concerns, intents
and directions in the Cummings Initiative through numerous growth management
activities that have served as a model for other communities in the state and nation.
These include:
. Adoption of a city policy in 1987 establishing a set of eleven growth
management Quality-of-Life Threshold Strandards which continue to serve the
City today. The policy also established the 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 that
provided policy guidance and linkage to the orderly growth of the City, and the
timely provision of required facilities and services.
. In 1991 a Growth Management Program (GMP) document, and a Growth
Management Ordinance (GMO) were adopted (CVMC 19.09). The GMP
provided a comprehensive description of the requirements and relationships of
the City's growth management provisions, their integration with the
development review process, and related administration and compliance
mechanisms. These ensure that development does not occur unless facilities
and improvements are available to support the development, and that new
development either provides them, or pays associated fees. The GMO codified
the City's Quality-of-Life Threshold Standards, and established specific growth
management and facilities planning and financing performance requirements for
new development. This includes the requirement for facilties and service plans
such as Public Facilities Financing Plans (PFFPs).
. 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-wide Recreation DIF
. Community Facility Districts (CFDs)
PAGE 5, ITEM NO.: 1
MEETING DATE: MARCH 28, 2007
. 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. Outside agencies have
also adopted and maintained master plans for schools and water facilities for
example.
. Preparation of annual growth forecasts, and the conduct of various monitoring
programs to track the amount and effect of growth. One example is the annual
Traffic Monitoring Program (TMP).
. Adoption of a second comprehensive General Plan update in 2005, including
updated Public Facilties & Services, and Growth Management Elements.
Collectively, this integrated system of growth management programs, standards,
regulations, facility master plans, funding systems and monitoring activities created an
effective system of checks and balances that continues to serve the city well in ensuring
that new development keeps in step with the provision of public services and facilities.
It's also worthy to note that the California Environmental Quality Act (CEQA) review
process includes an assessment of a project's impacts, and identification of mitigation
measures related to significant impacts. The City's growth management Threshold
Standards are routinely evaluated as part of our local CEQA process, and mitigation
measures can include (but are not limited to) the provision of public services and
facilities. For significant impacts, a Mitigation Monitoring and Reporting Program
("MMRP") ensures that subsequent new development implements timely mitigation for
these impacts, which can include installation of infrastructure or payment of fees for
needed public facilities as a result of new growth.
Similarities of Specific Plans to SPA Plans in the PC Zone -
As noted in the Introduction section of this report, and further described below, specific
plans are very similar in content and function to SPA plans under the City's PC zone.
In 1984, several years before the approval of the Controlled Residential Development
Ordinance (CVMC 19.80), 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. CVMC Chapter 19.07 incorporates those provisions along with others
governing local specific plans. As decribed in State law, specific plans allow for a more
comprehensive approach to traditional zoning, and are required to include much more
than typical zoning regulations. They must effectively serve as a master plan for the
PAGE 6, ITEM NO.: 1
MEETING DATE: MARCH 28, 2007
area. Along with land use and building standards, regulations and guidelines, a specific
plan must identify the proposed distribution, location, extent and intensity of major
components of public and private infrastructure (transportation, sewage, water,
drainage, solid waste disposal, energy, etc.) to be located within the area covered by
the plan, and needed to support the proposed land uses. A specific plan is also required
to include a program of implementation measures including regulations, programs,
public works/facilities projects, and financing measures. This plan is similar in purpose
to a PFFP in PC zoned areas.
In eastern Chula Vista, the City elected to carry out the function of specific planning
through the Planned Community (PC) zone and its required Sectional Planning Area
(SPA) Plans. SPA Plans (under CVMC Chapter 19.48) reflect the form and function of
specific plans, but are a unique Chula Vista adaptation. That adaptation was designed
to respond to the pattern of large vacant land holdings in eastern Chula Vista, and the
intent to employ a master planned community format. This includes tailored provisions
for new public services and facilities to be planned comprehensively by a master
developer through a PFFP. Consistent with State law's facilities planning requirements
for specific plans, the PFFP provides a plan and funding mechanisms for the provision
of necessary public services and facilities commensurate with growth. Since the late
1980s, about 24,000 residential units and significant commercial and industrial areas
have been successfully developed along with quality facilities and services through
implementation of PC/SPNPFFP approach.
DISCUSSION
Preparinq for Specific Plans to Implement the Adopted General Plan-
With the recent adoption of the City's General Plan update in December 2005, a new
vision for the city was established. A large part of that vision focused on the
revitalization and redevelopment of western Chula Vista. New growth is planned
around "smart growth" principles such as mixed use, and transit oriented development
that concentrates infill and redevelopment to select focus areas and corridors to protect
stable single family neighborhoods, better utilize land resources, make more efficient
use of infrastructure, and reduce environmental effects. Several key focus area such
as the Northwest's Urban Core, portions of the Southwest Planning Area, and the
Bayfront present many opportunities to generate new jobs, provide more housing, and
create new shopping, entertainment and cultural experiences. This will necessitate the
development of standards and regulations that address land use arrangements,
densities and intensities beyond what the City's current zoning code provides. The
General Plan calls for the preparation and adoption of specific plans in these areas to
accomplish this in an organized and orderly fashion.
PAGE 7, ITEM NO.: 1
MEETING DATE: MARCH 28, 2007
New specific plan zoning districts, particularly those needed to carry out the new Mixed
Use and Urban Core Residential GP designations, will undoubtedly be different from
those that presently exist in the Municipal Code (such as R2 or R3). If left unaddressed,
we foresee that questions will arise as to the relation of adoption of such new zoning
districts with the provisions as presently stated in CVMC 19.80.070. Absent
clarifications, those questions could unduely cloud the adoption of specific plans needed
to carry out the GP. This would include the pending Urban Core Specific Plan and
future Southwest area specific plans.
Since specific plans are required to have comprehensive infrastructure and service
plans similar to those successfully used in our PC areas, they are clearly in keeping with
the purposes and intents of CVMC 19.80. This is further bolstered by the extensive
requirements that exist under our current growth management programs developed
over the 20 years since CVMC 19.80 was adopted. While CVMC 19.80.070 recognizes
rezonings involving the PC zone (and thus associated SPA Plans) as being in
compliance with the ordinance, it does not acknowledge the same for specific plans--
but should.
As described below and presented in Exhibits A and B of Attachment 1 to this report,
the proposed amendments to CVMC Chapters 19.07 and 19.80 are intended to
accomplish that, and to emphasize specific plan requirements, particularly those
regarding infrastructure and service plans.
Proosed revisions to CVMC 19.07 - Specific Plans-
. Adds new Section 19.07.011 to clarify City content requirements for specific
plans, including a facilities planning and financing plan.
. Adds new Section 19.07.012 to establish findings that must be made by both the
Planning Commission and City Council in conjuntion with the approval of any
specific plan. Those findings include consistency with the General Plan, that the
specific plan sufficiently includes all required content per 19.07.011, and that
related demands on public facilities and services will be addressed in advance of,
or concurrent with, growth in conformance with City GMO (CVMC 19.09)
standards.
. Deletes Section 19.07.020 as a clean up amendment. The referenced sections
of the State Govenrment Code have been repealed. Provisions regarding
specific plan administration have been included in proposed Section
19.07.011.A.8.
PAGE 8, ITEM NO.: 1
MEETING DATE: MARCH 28,2007
Proposed revision to CVMC 19.80 - Controlled Residential Development-
. Amends Section 19.80.070 to add text stating that areas zoned or proposed to
be rezoned as part of a comprehensive specific plan are deemed in compliance
with the ordinance, provided they conform to the requirements outlined in CVMC
19.07 (above). and subject to making the findings required under Section
19.07.012 (also above).
Staff has determined that this proposed amendment. in conjunction with the
proposed amendments to CVMC Chapter 19.07. is in keeping with the intent of
the Controlled Residential Development Ordinance.
The proposed amendments are being brought forward at this time since the first of the
GP zoning implementing efforts, the Urban Core Specific Plan, is ready for public
hearing consideration.
CONCLUSION
For over 20 years specific plans have been used to successfully implement General
Plans throughout the State. The City of Chula Vista has recognized this zoning tool by
providing for its use in CVMC 19.07, and identifying it as one of the primary
implementation tools for the 2005 General Plan, particularly in the western portions of
the City. The specific plan model formed the basis for the City's PC Zone and SPA
Plans, and like those, specific plans require a plan for, and mechanisms to ensure that
new development provides adequate public services and facilities.
Considering this, and the extensive growth management requirements and programs
that have been instituted in the City in the approximately 20 years since CVMC 19.80
was created, specific plans are clearly in keeping with the intent of the Controlled
Residential Development Ordinance (Cummings Initiative), and should be recognized
as being compliant with its zoning provisions in Section 19.80.070. The proposed
amendments as presented in Attachment 1 will accomplish this, and would apply to all
future specific plans prepared to implement the General Plan.
DECISION MAKER CONFLICTS
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations Section 18704.2(a)(1) is not applicable.
ATTACHMENTS
Attachment 1: Draft City Council Ordinance to Amend CVMC 19.07 and 19.80.
H:\PLANNING\General_Plan\GPU~lmplementation\CVMC 19.07 & 19.80 Amendments\Final PC Report - CVMC 19.07 19.80
Amendments.doc
RESOLUTION PCA-07-04
A RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION RECOMMENDING CITY
COUNCIL APPROVAL OF PROPOSED AMENDMENTS TO
CHULA VISTA MUNICIPAL CODE CHAPTERS 19.07 AND
19.80
WHEREAS, in 1988, a citizen's initiatiye, referred to as the "Cumming's
Initiative" was passed by a majority vote of the electorate and was incorporated as Chula
Vista Municipal Code ("CVMC") Chapter 19.80 - Controlled Residential Development
by Ordinance 2309 ("CRDO"); and
WHEREAS, the Statement of purposes and intent section of the CRDO (CVMC
19.80.020) 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 !Tom developers at the time of new development, and also
contains a proyision 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
Planning Commission Resolution GP A-07-01
Page I of5
Planning Commission Resolution PCA-07-04
Page 2 of5
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 faciJities 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 19.80.110 states that the ordinance is inconsistent with, and intended as
an altematiye 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 Standards 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) (CVMC 19.09) in 1991.
Planning Commission Resolution PCA-07-04
Page 3 of 5
. Established and/or updated a number of fee and financing programs requiring
new deyelopment to proyide 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
. Stonn 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 (TMP).
. Adoption of a second comprehensive General Plan update in 2005, including
updated Public Facilties & Services, and Growth Management Elements; and
WHEREAS, CVMC 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 CVMC 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 coyered 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
Planning Commission Resolution PCA-07-04
Page 4 of5
public services 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 reyiew process which includes
identification of mitigation measures related to significant environmental impacts, which
can include but not be limited to the proyision 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, giyen 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 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 actiyity 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; and
WHEREAS, the Planning Director set the time and place for a hearing on the
proposed zoning text amendments and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the city, at least 10
days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 p.m., March 28, 2007, in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Planning Commission has determined that approval of the
proposed zoning text amendments is in keeping with the intents of the CRDO, and will
effectively ensure that specific plans include a plan for needed public facilities and
services to support the specific plan land uses, and that those needed facilities and
services will be provided in advance of, or concurrent with development.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the attached draft City Council Ordinance
approving the amendments to CVMC Chapters 19.07 and 19.80 in accordance with the
findings contained in that draft City Council Ordinance, and that a copy of this resolution
be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 28th day of March, 2007, by the following vote, to-
wit:
Planning Commission Resolution PCA-07-04
Page 5 0[5
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Brian Felber, Chair
ATTEST:
Diana Vargas, Secretary
H:\PLANNING\General_Plan\GPU_lmp1ementation\CVMC 19.07 & 19.80 Amendments\Final PC Reso.doc
DRAFT ORDINANCE NO. 2007-
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTERS 19.07 - SPECIFIC PLANS, AND 19.80-
CONTROLLED RESIDENTIAL DEVELOPMENT
"'00 .,
"0...0 0'
WHEREAS, the Statement of purposes ~d'intent section of,p",.RDO (CVMC
19.80.020) states that the initiative was "ng~m~~signedJO halt qualityii!ig~g):Yth, but to
ensure that rampant, unplanned developmenf &\~~iqot oy~.rti.lX facilities ai\iFdestroy the
quality and home town character ofChula Vista;" an .... ... .
WHEREAS, in 1988, a citizen's initiatiye, referre
Initiative" was passed by a majority vote of the electorate aq
Vista Municipal Code ("CVMC") Chapter 19.80 - Contrgffe
by Ordinance 2309 ("CRDO"); and'"
WHEREAS, in its findings, t
that City had more than adequate time,
life in Chula Vista but had failed to do sd~!,an
o indicates t ~nxoters' position at that time,
ce a generarpla~,tb protect the quality of
WHEREAS, ab~~~m~1.M;P a plan, t11~CRDO sties that it was the intent of the
people to establish trol OV~~ the qualitYiiand rate of growth of Chula Vista in the
interest of prese,e char~~ter of the cormn]lllity; protecting the open space of the
city; protecting the qtiii'!.tY ofl1fei~qthe City;ii'~nsuring the adequacy of city facilities,
school faci1j,~i. creatid"'arkifatilJ.!i\;:!!;lhd services, fire and police and paramedic
protecti()Jj;'<li-i d sa sewer sYstems; ensuring the balanced development of
the sj~; and ensun at traffic demands do not exceed the capacity of
streets;! '
WHE,-\.S, to cart$ithis out, the CRDO requires the staged provision of public
services and {Jti~~!jes cormnensurate with growth through funding mechanisms such as a
system of fees, 2~11. i:cted from developers at the time of new deyelopment, and also
. !(:+TT'
contains a provisi6!iii1imiting the tTequency of residential rezones outside Planned
Community (PC) zoned areas to the next highest category oyer 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
Ordinance No.
Page 2
WHEREAS, further provlSlons 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.
"h
'''''n;o
. Section 19.80.040 indicates the City shall assure a!Uiifund~'necessary to meet
public facility and services element needs throug!J:iii~ip:lcing methods including
but not limited to bonding, reimbursement agreewo::nts;'" lopment agreements,
assessment districts, community facility distrigt~,etc.
""'''''''',
"T
. Section 19.80.080 authorizes and dire<;t~iihe CityCouncil to a . tLsuch further
ordinances, resolutions, policies andpt8l;Mures cQj.lsistent with tll,~'iordinance's
purpose and intents. .... ... . ... .
.
Section 19.80.100; allows fQt;iL!j.lodfication of
hearing, provided the amendm~qt'I~!i!rlI~i!rly in keepi
ordinance through a public
the ordinance's intent.
",. ",0._000...
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. Section 19.80.110 states that the~~din\\p nsistent with, and intended as
an aHematiye to,Li1i\fi . tiative or otdil1ance thould place a fixed numeric or
r that would establish inflexible standards
WHE~ pH'!,j(~~l!:!Ym~9'years since adoption of the CRDO, and
consistentiiyVHHii tents tI, directiorts','Lihe City has undertaken the following major
effortsJ(jL establish tegrat~~!~ystc,:m of growth management programs, standards,
regwai\9!1~, facility mas .. lans,'fl)tjding systems and monitoring activities that create a
system <.Jfi", ecks and b ces that ensure new development keeps in step with the
provIsIOn 0 ic serviceS',J1nd facilities, including:
. city policy in 1987 establishing a set of eleven growth
uality-of-Life Threshold Strandards and establishing a Growth
Managemeri 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 eleyen 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) (CVMC 19.09) in 1991.
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 mastefjJlans and/or
fire, libraries, parks, sewers, and drain;! ong others.
. Preparation of annual growth forecasts, an
programs to track the amo and effect of
Monitoring Program (TMP).
conduct of various monitoring
th such as the annual Traffic
. Adoption of a second compreh~sive".:~~i!!.Pl<ll1iupdate in 2005, including
updated Public Fac. .es & Services~naR9G owtb:~inagement Elements; and
,09 has fill-1her integrated standards and facilities
. nding and~hilSing of public services and facilities
tl.w..devejppment process and has established the
rgs:i'Pimllicing Plans ("PFFPs") as part of Sectional
s; and
WHEREAS
eyaluation, and jJ a
commensurate with
requiremel),~ii~~l.l;J,t~~i"Publ
PlanniggiArea (i'sP1N:'~):I)lan
,."'", '"'",''''''' ."',,......";
'_00 .;.""1c". ".' ','
"0' 0"..0. 00.0..
;:;i'i;;iL':mmi1!::. '<;;:::::":';:;:::
....."".,.,. ':"''<<:C ""':yy
WI-il3REAS, in 1'984. the S.t;lte of California enacted Government Code Sections
.<'<>,<, <<','..
65450-6545~:i'i.!,~at allowfp~ the preparation of specific plans to implement a city's
General Plan;i:i';m.;i which 31'C incorporated into CVMC Chapter 19.07 - Specific Plans;
and ..
WHEREAS, ilar 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
Ordinance No.
Page 4
public services 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 enyironmental 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 p!iWS'as'stated, specific plans
should be similarly recognized as being compliant with thejpf ofthe CRDO; and
WHEREAS, the Planning Commission hel~:,,~dVly noti.,.~,..public hearing on
March 28, 2007, and recommended that the City Gdlincil adopt an ,. ance approving
the proposed zoning text amendments; and
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WHEREAS, the proceedings and evid~c<:,. intTdi!uced before Planning
Commission at the public hearing on this proposal hb1tJl:March 28, 2007, and the minutes
and resolution resulting there from," e hereby incorpqted into the record of these
proceedings; and
WHEREAS, the City Clerk set tl1,<: !lm ,. Hqip!flcefor a hearing on said zoning
text amendments by the Council for:!l~,pnl 12;"2997, and notice of said hearing,
together with its purp ..;ven pursuan~'to Califorriia Government Code 65091 and
65092 at least ten d rior to'IH hearing; ariq,
WHEREAS, the ..at the'time and place as adyertised, namely on
April 12,~ti,!1;QO p. ,,!i\,t e (tquncil Chambers, 276 Fourth Ayenue, before
the City unciranc:!m~.f\l"r heaii~g staff presentation and receiving public testimony said
hearin thereaftet'Ci"Osed. and::!"
''';'''''' ,
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......." .0",
. Pd,.".,
~~EAS, the E:1:I~.ironrriental Reyiew Coordinator has reviewed the proposed
actiYity forc01:\:lpFance wit.1:!:the California Environmental Quality Act (CEQA) and has
determined that"tl!l"re is n,~'possibility that the actiyity may have a significant effect on
the environment I5~*!!~,~"the project consists of amendments to the City of Chula Vista
Municipal Code to~rarify 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.
NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL of the City of
Chula Vista, does hereby find, determine, and ordain as follows:
I. That specific plans, prepared pursuant to Goyernment 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,
Ordinance No.
Page 5
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 CRDO Section 19.80.070 as presented in
Exhibit B attached hereto, in conjunction with the proposed amendments to
CVMC Chapter 19.07, clearly and effectively are keeping with the intent of the
CRDO, and will ensure that needed public facilities and services to support the
specific plan land uses will be proyided in advance or concurrent with
development, as required in CVMC Chapter 19.07.
4. That the proposed amendments to CVMC Chapter IJ~. ,~'!,a,s presented in Exhibit A
attached hereto, complement and reinforce the aggiid prd~~ions to the CRDO by
further clarifying the City's requirements for specific plan~;!!mc)uding the required
public facility and service plans, and by~dihgr~quired t1rt~!,R~S for Planning
Commission and City Council actions o~!!~ecific p,lans to ensure:!f~~~istency with
the intents of the CRDO and the City's,grO'\M!h manag~ment programs~!!'"
'.'''P''''. ......." "p,
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BE IT FURTHER RESOLVED THAT THE€):j']i'Y COUNCIL hereby orders that
Chula Vista Municipal Code 19.07 and 19;~Q!be accordingly amended as
depicted in the strike-out / underline . Exhibits A ittidB attached hereto.
This ordina
after its second rea 1
in full force on the thirtieth day from and
IV. Effective Date
Approved as to fonn by
James D. Sandova
Director of Planning
Ann Moore
City Attorney
H:\PLANNING\General_Plan\GPU_lmplementation\CVMC 19.07 & 19.80 Amendments\CC Ordinance Rev 3 final - 19.07 19.80.doc
Exhibit A to Draft City Council Ordinance
Proposed Amendments to Chula Vista Municipal Code
Chapter 19.07
SPECIFIC PLANS
Sections:
19.07.010 Statutory authority - Scope of.
I.2,07.QJ 1 R~iremecn.$ and '\:QnJeni,
19.m.0J 2 Findings requircd for recommendation and adoJJtion.
.1-9-..().;Qj.2.Q-Administratitm.{)-f 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 feels).
(Ord. 2506 9 1,1992; Ord. 2011 9 1,1982; Ord. 1854 9 2,1979; Ord. 1825 9 2,
1978).
19.07.011 Requirements aud coutent.
6.,..__.S.P.\:f.ific _PlaJ1.L.~!J.c11L.fQnsi~,-L.Qf_<!_J1.!?..!L.(Ji<!gra!1.LQL_diag[;lmS,_iJl1
accompanying t<;.'<j, and othcr attachments and exhibits as may bc neccssary.
to speeifv all of the following in detail to the satisfaction of the Director of
I~Lac1..t)j11Ka1}~IJ2l!ilclil1~~1]1~j/.9.Uhejr..d.e.~jgIlee:
L-"'~.51atemcnt llnd_ discl1ssiOl..!.JJL!hc relatiQl1$bir__an<l
consistcncy ofthc Specific Plan to thc City's (Jcncral
Plan.
2,__IDceJ.YRe,_dj_sJr:Lb_uJi()]1LlQ.f;ltLQ!)^_ am.9_u nt, angj nte.r:\.~i1y
Q[<l.l1J'm<l1J$g.~uvl11!jn!bc_aLfac()yg[9~LQYJJ1C;.PliJlb
3~._ The approximate total pOJJulation anticipated within
the Plan's area.
1..._,-~._clspjeJig-'-l..QL1!.!.L,,1}~L~'IL.~lll?'1.r9i1~9LQthe.Lcljstcicl~
~'{ithil1\y1!i9ht1!ef'lg.n'~pr9yi~jQm.yillJ be_<!pp I i....._lh
5. Thc standards, regulations. critcria and guide1ines by
which all deYe!opment shall proeeed within thc Plan
~\.115.!.lE\.L9Li!H,Il?m:'9<!s.9uli~tri<:t~
(1,__n1.9_.P[lJl)0~C;cl___di_stri1Jllli911LI()c_aJigll,__c:~t9IJL_,1\.!cl
intensity of public Llcilitics and scrvices within tl1c
area covcrcd bv the Plan, and needcd to support thc
Lilncl!15.c.Ll!}C IlliLe(Lil1Jhe_f'l,\.!!,_!D!J lldi.!JE-12ut .J.!<21
Exhibit A to Draft City Council Ordinance
Proposed Amendments to CVMC 19.07 (March 2007)
Page 1 of 4
limited to transportation, sewer, drainage, water,
p.<Jxk':;L.l,t<;"
z._AJ~xqJQ:an)jrlsJica!i!.1gj}Q~i!lld when the facilties anQ
services neecssary to support the deyeloping land uses
wi]] be insta]]ed or financcd, and induding the
fQJ].Q_\'{iJ:1g:
L1'\Ji5JQfJl1e faciHies_-,IllQ servic<;!i,
b. An inventorv of present and future
rClluirernents for each facility and service
l1Jb'i<;(Lup_QIJJJ1('_City'.:;__<1ro',.vtILl\'la_OfigITlWIlI
Thre~hold Standards.
c. A phasing schedule that addresses the timing
lor installation or provisions for required
tlfili ti cs _amLs_"rv i <;('S~
QL._''\ financing progra,m identifying thc ll1cthods
for funding those facilities and seryices
consistent with the phasing schedulc.
1:L_l'ro_\1i signLand -1lroQ.,,<illJ9_~-.t~) r th e --.f.9milleh el,si Y-c;
il11PkmentiltlQn --,,!LtL!!lmi.l1igration_of the PL,!n.
19.07.012 Findings re(luired for recommendation and adoption.
A. The planning commission, after a public hearing, may recommend approval
of a specific plan provided that it finds that the facts submittcd with the plan
c1111J2[cs"ntCiL,!t tbe Il,,'![ingS.:;tablisbJ.b.'!t
L_The__'m9.Ci filU'lan is--.iILCQfl1L~rJ1Lancc_ witlL th".C:it'~_~
General Plan.
2. The specific plan was prepared in accordance with the
~'i tv) mun~i.llitLcode and_lb-,,__(,:al ilQ!.oi;UJ.~,Y<;!.')l1J-"Ot
(~ost"-r>mvisi~ms gOVc;ming5jJ--"fjfkr>l.fl.lls.
:L_Ihat the associated demands~ll_J.)!lbliclacilties and
services due to development allowcd bv the spccific
pJm:Lv"ilLlJcl11itigilt<;(L12riQLJQL.QU:mlc lllTCnL wi \11_JJ-,<;
g"veJo12m.cnt, ._anQ.jrL coOfmm!!oce wilJLJhe _Dtv'~
Growth Management Ordinancc CVMC 19.09.
!L~_~_~ The planning commISSion mav recommend disapproval of the specific
12lnn,J}I,tY_X,,<;.9]1}!:!)<;!.1\LmWIQYAU,LsajQ..P.I<J1Lfi.:;_?J,Il1miU<;Q,i)IJll'!Y_X<;<;g]nl:m;J:1~J
ilt2prg\"lL()Ls,!i.QcpJ.a,!!s!!QiecJtQ_~12t:c:ifi<;(Lm9_~tL[it::ilti()!]S_,
C._~ The Lily council, baseiLJillon reccipt of the planning com,nission
r(,C<;.9I.11J11endatioll on the specific plan shalJ conduct '!..Public hearin:1 thereon.
Il1e<;itL<;glmdL.1l1AY_c!p.Pm"'-",__Qc,cflY_OL_fl1Q(hfytl1t:_r>1 aIL_l\XIL"ctioiLQf
Exhibit A to Draft City Council Ordinance
Proposed Amendments to CVMC 19.07 (March 2007)
Page 2 of 4
approyal, or approval subiect to modi fieations, bv the city eounei I shall also
llc._s_~.bjcc!JQJl1e (011~",ingJmging~
Lrh.f s];Jeci fie__J2lf!lLLijlL(;Q!1l1Qml~n.c_c_.~yj\.lUJle Ci tv's
General Plan.
2. The speci tic plan was pre~)arcd in accordance with the
~;_i.ty:,,- m\lnieiQ~Lsode__tlm!Jlle Cali fomliU;J.9Y(;I!1illSml
i~odcJ2royisions g()_V-9DDng sp_c6fic nlaIlS~
3. That tbe associated demands on public faciltics and
seryices due to dcvelopment allowed bv the speci fic
n !;:~Dyj II_llL1llitjgi!!s"LmiQf.JQ,_.QLS2J1(;U rrent _~vi th-'.!lc
ljg_yclQJ2.l1J.cIltL.f!IJQ.ju__c.9Jlformance with the _C'itv''i
Growth Managcmcnt Ordinancc CVMC 19.09.
1-9,{).7,020-Administffitlon-of.
S€v{-iBR&-4&SS{)-tltfHitgI1-'("&S&~{-li€-.(;(w<Jffi1lliJffi*'''etIe-ef{hc statc relnti n g to
the administration of spccitic plans are hcrcby adopted and incorporated hcrein by
reference a~; though set forth in full. (Ord. 185,1 g ?, 1 ()79: arc!. 1825 ~ 2, 1978).
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 indiyidual specific plan.
The method of implementing an indiyidual 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 deyeloper 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 an 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 th3II 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-C zone are met. The said registration of
concurrence shall, by operation of law, establish the adopted specific plan as the
general development plan ofthe 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 Draft City Council Ordinance
Proposed Amendments to CVMC 19.07 (March 2007)
Page 3 of 4
plan, they may proceed with the deyelopment 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; proyided, 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 haye 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 haye 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. (Ord. 2327 g2, 1989; Ord. 2076 9 I, 1984; Ord. 1854
9 2, 1979; Ord. 1825 9 2, 1978).
19.07.035 Supersedence of zoning designations.
RepealedbyOrd. 2532/; 10,1992. (Res. 11903, 1985)*
* Code reviser's note: Ord. 2532 renumbered the proyisions of this section to be
Chs. 19.81 to 19.87 CVMC.
H:\PLANNING\General_Plan\GPU_Implementation\CYMC 19.07 & 19.80 Amendments\CVMC 19.07 text amend final.doc
Exhibit A to Draft City Council Ordinance
Proposed Amendments to CVMC 19.07 (March 2007)
Page 4 of 4
Exhibit B to Draft 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. /L""
19.80.050 Timely renovation or expansion of public services and faCillfi'~.
19.80.060 Limitations ofresidential 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 ofyoter intent.
19.80.] 20 Judicial review.
19.80.130 Severability.
19.80.140 Codification.
19.80.150 Effective date.
19.80.160 Publication.
19.80.010 Findings.'!L/ T... ".T
A. The city council of C;:h\l1!tL'\ffii~rfl has had nlQ[e than adequate time to produce a general p Ian
that wi]] protect the qJ.li\lJity of llf~m}.U1d home tqwn character of Chu]a Vista, now and in the
future, and has failedt6"d/" ..
B. The city is experienci . tense residential deye]opment which adversely affects
the health, saf~'.~L~g2"'eJfare o5"citIz~l1ula Vista, and;
C. This ilJ,~er\.sede\TelQ:Pment h~:o~erloaded the capacity of the city streets and thoroughfares
to move ~ffic safely, effi!dr'~lY, andi[I"i~Jailed to meet traffic demands, and;
~. This 1ri~~~~~ developmeqt[[~as imp1ftted neighborhood schools' capacity to absorb children,
and, ',/',T, T:
E. This intensemite e]opmenV,has overburdened existing open space for recreational facilities
and parks, and;
F. This intense de "pptent has hindered the city's ability to provide police, fire and
paramedic protection at ~:!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
of life today and in the foreseeable future. The purpose of this measure is to qualify an effectiye
and fair growth management ordinance by initiative petition of the voters, one that wi]] control
growth and protect the qua1ity of life. This measure is not designed to halt quality growth, but to
ensure that rampant, unplanned deyelopment does not overtax facilities and destroy the quality
and home town character ofChula Vista.
Exhibit B to Draft City Council Ordinance
Proposed Amendments to CVMC 19.80 (March 2007)
Page I of 5
B. It is the intent of the people of the city to better plan for and control the rate ofresidential
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 effectiyely 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 deyelopment will not have a negativeUiIIlpact on the residents of
Chula Vista. .. ...........
C. It is the intent of the people of the city to establish COl1.!To!.gyer the quality and rate of
growth of the city in the interest of: preserving the character of thels()mmunity; protecting the
open space of the city; protecting the quality of life in1-\1e'city; enSW'!l1g the adequacy of city
facilities, school facilities, recreation and park facilitiesu.and services.;iii~~,uring the balanced
development of the city; preventing further the sig1.lj.~cant deh:rioration of e'" ill11.ental quality;
ensuring that the future traffic demands do not'iie~eS~d thei'15~pacity of st . (ensuring the
character of the city's existing neighborhoods are pre~e~e~~ii,ensuring the adequacy of fire and
police and paramedic protection; and ensuring adequate.wer and sanitary sewer systems. (Ord.
2309 Initiative 1988).
19.80.030 No development without adequ~~eJif;.services 1i1J~if'licilities.
The city council shall ensure that the revised geri~ra wilVlJ.ave a specific element known
as the "public services and cilities elemept,ttWiThe'i.. e of the element is to ensure
development shall not of' city of CJ:jula Vistafthat would degrade existing public
services and facilities.b~l~w acce Ie standard~.until all additional necessary public services
and facilities required 'tJ;::' , t dev pment are a~!Jfed or scheduled for timely completion as
determined by the city counccwit~.J)ut not limited to the following criteria:
A. If the e . a.or.. eefsiiiifitfialilii'thoroughfares do not have the capacity to
accommod eve nt without substantially altering existing traffic patterns or
overload. syste en construction or widening of a major link or links in
the major be sta d as necessary to ensure the quality of existing traffic
flow is mainta'iiii
B. If the exist "i:L!lrainage ~~blities cannot adequately dispose of the surface runoff of the
proposed development" thel}.W.lncremental construction of major and/or minor water course
facilities shall be requii'
C. If the existing w 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 B to Draft City Council Ordinance
Proposed Amendments to CVMC 19.80 (March 2007)
Page 2 of5
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 approyal of a tentative subdivision map or any other disc!"~!ionary approvals for any
development proj ect shall assure all funds necessary to meet publjpii~'ert>ice and facility element
needs and assure developer's participation in the timely constfl!!'t!pp.and financing offacilities.
B. Assurance of construction and financing is defined ~!Wilnyt~!;~ptable financing method
including but not limited to bonding, reimbursement."':l~~ment,",i!d~,Kelopment agreements,
assessment districts, community facilities districts th<.lt'!'provides assuiii'ij~~,to the city that the
required funds or improyements shall become avail<.lple for the timely renova.t:!9J! or expansion of
impacted public services and facilities."""'iW'i.,!,i';"i'iii
C. The city council shall expend all funds collectedi!1.IJ.).de~!Section 19.80.040A solely for the
purpose for which they were advanced. (Ord. 2309 Initia.t1, ;1988).
19.80.050 Timely renovation or expansil!n.!Qfpublic servic . nd facilities.
Occupancy of residential developmentnroject~ii all occur' 8~1Yiiin increments until related
agreed upon renoyations or expansions to ti:!e p .. . ices afid facilities are scheduled for
timely completion. (Ord. 2309 !p.itiatiye 1988).
'::;::;'+i"i:
sideliti:~!; developm t exemptions.
allow~~le exemptiofl~;lIDder this ordinance:
." .g,~jngle-t:''fy lots.
'ie\i:i~ ellings or replacement of an existing dwelling
ts to,~()miniums not adding any units.
C. Any lopment p . .....J thati!q,~+y:~sted rights prior to July I, 1988. This measure shall
apply to oposed devef8plpent oimredevelopment of Chula Vista except a development or
redevelopme oposal whid6m.has obtained a "vested right" as of the effective date of this
measure. For pu es of this n1easure, a "vested right" shall be:
1. "A project's'l!i!g!lt is K~$ted where a property owner has performed substantial work and
incurred substantiallia.l:!jli!i~'in good faith reliance upon a permit issued by the city."
2. The "substantial(~pjof 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).
Exhibit B to Draft City Council Ordinance
Proposed Amendments to CVMC 19.80 (March 2007)
Page 3 of5
19.80.070 Chula Vista zoning code modification.
A. Rezoning of property designated for residential deyelopment 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-l 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 pa ..yd community shall be
deemed in compliance with this section regardless,gf,'itl),t;)countYZQWng approved for the
property. Property in the city zoned or proposed to be' rezoned as part 0
shall be deemed in compliance with this section.
""'000" ""-
This section shall not aJJJJlyj1:Qii~~~ones from aH~esidential.#)a residential agricultural category.
B. Any annexation oq~ds witOiPlthe city's sphere of influence shall conform to the purposes,
intent and requirementg'~ H' . s ordi~!fuce.'Hm"_,,,
C. After property is ann 9~m~~~",sjty, theprezoning approved for the subject property
cannot be amen,d,~.. ' nyWayjj'l'Q~H"a!tWo year period. This provision shall apply only
to prezones pt~v~' e es!:iye date o"f''this ordinance.
D. Rez commerct indu!rtI:!~I,p):"Operty to a residential zone shall be permitted only to
the maxi . residential", jty co'i:it~sponding to the potential traffic generation that was
applicable p (,0 the rezon.i~g to residential. In addition, property which is rezoned !Tom
residential to cOrn'fuercial or i~d,ustrial may not be rezoned to a residential category of higher
density than that W1\!~ll wasilPplicable prior to the rezoning to commercial or industrial. This
provision shall applyo~ezones approved after the effective date of this ordinance.
E. Property which has. en 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, resolutions, policies or procedures consistent with the purposes, intents and
requirements ofthe ordinance. (Ord. 2309 Initiative 1988).
Exhibit B to Draft City Council Ordmance ___
Proposed Amendments to CVMC 19.80 (March 2007)
Page 4 of5
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
affirmatiye 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 f: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 ~!tetQative t,;K initiative or ordinance
which would place a fixed numerical limitation on the ~fl.te'b(residentia:t' truction or establish
inflexible standards for the requirements of public f~eilities to be provide any development
project. If this ordinance and any such initiatiYe9i'~!~nce are"both passed b ajority voting
thereon then the one with the most votes shall prevail!' d. 2309Jnitiative 198 .
19.80.120 Judicial review.
A. Any legal action to challenge a deci~i~,er denial oft" ,~uncil or any other government
body performing a function under thisqrdi~ce must be'~~~'.' in a court of competent
jurisdiction within 30 days immediately folld'\yin., . n chalJi!!ilged.
B. Any legal action to challenge any provis!on,;,~r'till""jpance or to challenge the intent of
this ordinance, must be yi ottlU. efended bytPe city. (0]"d!2309 Initiative 1988).
19.80.130 SeverabiIi. .Imm ::lli;;
If any provision of this.,,' aTI(;~~;~fitg~ appli~~~ibn thereof, to any person or circumstance is
held invalid by of com" H'jUrlSQ;rct!.Q!};"the validity of the remainder of this ordinance
.'+</i.>
and the app . pro ns to otliet persons or circumstances shall not be affected
thereby. . 2309 Initia 1988 .
, d. (Ord. 2309 Initiative 1989).
19.80.150 Effective
This ordinance shall
city clerk, and shall go i
onsidered as adopted upon the date that the vote is certified by the
o 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\Gcneral_Plan\GPU_lmplemcntation\CYMC 19.07 & 19.80 Amendments\CVMC 19.80 text amend fina1.doc
Exhibit B to Draft City Council Qrdinance
Proposed Amendments to CVMC 19.80 (March 2007)
Page 5 of5