HomeMy WebLinkAboutOrd 1998-2732ORDINANCE NO. 2732
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTERS 19.04, DEFINITIONS,
AND 19.48, P-C PLANNED COMMUNITY ZONE OF THE CHULA
VISTA MUNICIPAL CODE
I. RECITALS
A. Application for Discretionary Approval
WHEREAS, a duly verified application for an amendment to the Chula Vista Municipal
Code was filed with the Planning Department of the City of Chula Vista on January 12, 1998
as a co-sponsored application between The Eastlake Company and the City of Chula Vista
("Applicant"); and,
WHEREAS, said application requests certain amendments to Chapter 19.04,
Definitions, and 19.48, P-C Planned Community Zone, specifically modification of Chapter
19.04, Definitions to add recreational ball fields as a "typical use" for consideration in a CPF
land use district and to reference the listed uses as "typical uses", modification of Chapter
19.48, P-C Planned Community Zone, to consolidate the regulations pertaining to community
purpose facilities into one section, conversion of the list of permitted uses into Conditional use
permit uses, and expansion of Section 19.48.040, outlining the requirements of a CPF Master
Plan as part of the Planned Community GDP(s) whenever recreational ball fields are included
as conditional uses in the corresponding Sectional Planning Area plans ("Discretionary
Approvals"); and,
B. Environmental Determination
WHEREAS, the Environmental Review Coordinator has determined that the project is
exempt from environmental review under CEQA as a Class 4(a) and 4(b) exemption; and,
C. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on said project
on April 8, 1998, and voted 6-0 to recommend that the City Council approve the Project,
based upon the findings listed below.
D. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing was held before the City Council
of the City of Chula Vista on April 28, 1998, on the Discretionary Approval Application,
received the recommendations of the Planning Commission, and heard public testimony with
regard to same; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine
and resolve as follows:
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Page 2
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this project held on April 8, 1998, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding.
Ill. CERTIFICATION QF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determined that this project is exempt from
environmental review under CEQA as a Class 4(b) exemption.
IV. FINDINGS
The City Council hereby finds that the proposed amendments to the Chula Vista
Municipal Code will address a need for additional non-profit sports leagues within the eastern
territories of the City, and provide additional flexibility for developers in marketing their
Community Purpose Facility sites. The proposed amendments are consistent with the City
of Chula Vista General Plan and public necessity, convenience, general welfare, and good
zoning practice support the amendments.
V. APPROVAL
Based on the above, the City Council hereby approves the proposed amendments to
the Chula Vista Municipal Code, specifically to Chapter 19.04 and Chapter 19.48 as depicted
in Exhibit "A", attached hereto.
This ordinance shall take effect and be in full force and effect on the thirtieth day from
and after its adoption.
Presented by
Approved as to form by
Robert A. Leiter
Planning Director
Ordinance 2732
Page 3
EXHIBIT A
Comnaunity Purpose Facilities - Proposed Amendment Text
Chapter 19.04
DEFINITIONS
19.04.055 Community Purpose Facility
"Community Purpose facility" means a structure or site for certain non-profit assembly or
recreation purposes, as well as ancillary uses such as a parking lot, within a planned
community Typical uses include: Boy Scouts, Girl Scouts and other similar organizations,
social and human services such as Alcoholics Anonymous, services for homeless, services for
military personnel during the holidays, senior care and recreation, and worship, spiritual
growth and development and teaching of traditional family values, and recreational ball fields.
See Section 19.48.025(C) for a complete listing of Community Purpose Facility uses. (Ord
2452A §1, 1991).
Chapter 19.48
P-C - PLANNED COMMUNITY ZONE
Sections:
19.48.010Purpose.
19.48.020Regulations generally-Minimum acreage-Ownership restrictions.
19.48.025Community Purpose Facilities - Minimum Acreage Required - Permitted Uses
19.48.030Application-Method-Documents required.
19.48.040Application-General development plan required-Contents required.
19.48.050Findings required for recommendation of establishment.
19.48.060P-C zone-Planning commission action.
19.48.070P-C zone-City council action-Compliance with general development plan required.
19.48.080General development plan-Modification requests and procedures.
19.48.090Sectional planning areas and sectional planning area plans-Requirements and
contents.
19.48.100Sectional planning area plans-Finding required for recommendation of approval.
19.48.110Sectional planning area plans-Actions of planning commission and city council.
19.48.120Sectional planning area plans-Effect of plan approval.
19.48.130Sectional planning area plans-Modification requests and procedures.
19.48.140P-C Zone-Residential areas not subject to design review.
19.48.150Recycling collection centers.
19.48.160P-C zone-Exceptions.
19.48.010 Purpose.
The purposes of the planned community zone are to:
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Provide for the orderly preplanning and long-term development of large tracts of land
which may contain a variety of land uses, but are under unified ownership or
development control, so that the entire tract will provide an environment of stable and
desirable character;
Give the developer reasonable assurance that sectional development plans prepared
by him in accordance with an approved general development plan will be acceptable
to the city. Sectional development plans may include subdivision plans and/or planned
unit development plans as provided for in this title;
Enable the city to adopt measures providing for the development of the surrounding
area compatible with the planned community zone.
(Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212
§1 (part), 1969; prior code §33.5201(A)).
19,48.020 Regulations generally-Minimum acreage-Ownership restrictions.
P-C zones may be established on parcels of land which are suitable for, and of
sufficient size to be planned and developed in a manner consistent with the purpose
of this chapter and the objectives of this division. No P-C zone shall include less than
fifty acres of contiguous lands;
All land in each P-C zone, or approved section thereof, shall be held in one ownership
or under unified control unless otherwise authorized by the planning commission,
except as provided for in Section 19.48.160. For the purposes of this chapter, the
written consent or agreement of all owners in a P-C zone to the proposed general
development plan and general development schedule shall be deemed to indicate
unified control.
(Ord 2673, 1996; Ord 2452A §2, 1991; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part),
1978; Ord 1281 §2 (part), 1970; Ord 1212 §1 (part), 1969; prior code §33.520(B)).
19.48.025 Community Purpose Facilities - Minimum Acreage Required o Permitted Uses
All land in each P-C zone, or any section thereof, shall provide adequate land
designated as "Community Purpose Facilities (CPF)", as defined in Section 19.04.055.
A total of 1.39 acres of net usable land (including setbacks) per 1,000 population shall
be so designated for such facilities in any planned community, and shall be so
designated in the Sectional Planning Area (SPA) Plan(s) and Planned Community
District Regulations of each planned community. This total acreage requirement may
be reduced only if the City Council determines, in conjunction with its adoption of a
SPA Plan, that a lesser amount of land is needed, based on availability of shared
parking with other facilities, or other community purpose facilities that are guaranteed
to be made available to the community. Any shared parking arrangements pursuant
Ordinance 2732
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to this section shall be guaranteed regardless of any future changes in occupancy of
facilities.
The required CPF acreage shall have a CPF, Community Purpose Facilities, land use
designation. All uses shall require a conditional use permit; the following land uses can
be considered as conditionally permitted uses:
2.
3.
4.
5.
6.
8.
9.
10.
Boys Scouts, Girl Scouts, and other similar organizations
Social and human service activities, such as Alcoholics Anonymous;
Services for homeless;
Services for military personnel during the holidays;
Senior care and recreation;
Worship, spiritual growth and development, and teaching of traditional
family values;
Day care facilities that are ancillary to any of the above;
Private schools that are ancillary to any of the above;
Interim uses, subject to the findings outlined in 19.48.025 (E).
Recreational facilities, such as ball fields, for non-profit organizations
serving the local community, subject to the requirements outlined in
19.48.040 (B)(6)(d).
Criteria outlining the siting, property development standards, and operational
parameters such as location, building setbacks, maintenance and design, and hours of
operation, shall be incorporated into the SPA's Planned Community District
Regulations.
Findings. Approval of interim uses on CPF-designated sites shall require that the
approval authority make certain findings, as outlined herein:
Conditional Interim Uses Permitted After 5 Years. The city council, upon receiving the
advice and recommendation of the planning commission may, after five (5) years of
non-use as a community purpose facility after the issuance of the first certificate of
occupancy on a structure in SPA Plan areas, in accordance with the procedures for
issuance of conditional use permits contained in Chapter 19.14 of this Code,
conditionally permit interim, non-permanent non-residential uses which are not
community purpose facility uses that council finds (1) the interim use to be compatible
with the surrounding land uses (2) that the community purpose facility use is not
imminently likely; and (3) that denial of an interirn use would constitute a further
hardship to the landowner. If an interim use is permitted by the city council, it shall
in no event be terrainable within said 5 year period except upon one year's advance
notice of intent to terminate said conditional use permit by the city council. City
council shall give such one year notice upon being advised of a sale or lease by the
owner to purchaser or tenant for use as a community-purpose facility.
Review by City Council. For each approved sectional planning area plan on which is
designated one or more community purpose facility uses, the City Council shall review
said plan annually for the purpose of determining the actual market interest in the
purchase or lease of said land so designated and the marketing activity associated
therewith.
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19.48.030 Application-Method-Documents required.
A P-C zone may be initiated by one or more owners, by a developer representing said
owners or by the city upon application made in the manner specified in this chapter. lord
2673, 1996; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part),
1970; Ord 1212 §1 (part), 1969; prior code §33.520(C)(part)).
19.48.040
A.
Application-General development plan required-Contents required.
The application shall include a general development plan which shall consist of a plan
diagram and text. The application shall be accompanied by the Required Fee(s). The
plan diagram shall show the following:
1. The topographic character of the land;
2. Any major grading intended;
3, The general location of all existing and proposed uses of the land;
4, The approximate location of all traffic ways; except those solely serving
abutting uses;
5. Any public uses, such as schools, parks, playgrounds, open space and
undisturbed natural land; and,
6. The approximate location of different residential densities of dwelling types.
The application shall include a text which indicates:
1. Description of the project, including the boundaries and names of proposed
sectional planning areas;
2. The anticipated sequential development of each section of the development for
which specific uses are intended or for which sectional planning area plans will
be submitted;
3. The approximate area of each sectional planning area of the development and
the area of each separate land use;
4. For residential development or residential areas of any P-C zone development:
a. The approximate number of dwelling units proposed by type of dwelling.
This may be stated as a range with maximum and minimum number of
units of each type,
b. The approximate total population anticipated in the entire development
and in each sectional planning area. This may be stated as a range with
a maximum and minimum number of persons,
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The general criteria relating to height, open space, and building
Coverage,
The number of dwelling units per gross acre proposed for each sectional
planning area of the development,
The approximate land area and number of sites proposed for public use
of each type,
Where appropriate, the approximate retail sales area space in square feet
and gross area in acres proposed for commercial development with
standards of off-street parking and landscaping and circulation for
vehicles and pedestrians;
For comrnercial or industrial areas of any proposed P-C zone:
Types of uses proposed in the entire area and each sectional planning
area thereof,
Anticipated employment in the entire development and in each sectional
planning area thereof. This may be stated as a range,
Methods proposed to control or limit dangerous or objectionable
elements, if any, which may be caused or emitted by proposed uses.
Such dangerous or objectionable elements may include fire, explosion,
noise or vibration, smoke, dust, odor, or other form of air pollution, heat,
cold, dampness, electric or other disturbance, glare, liquid or solid refuse
or waste or other substance, condition or element which might
adversely affect the surrounding area,
The approximate standards of height, open space, buffering,
landscaping, pedestrian and vehicular circulation, off-street parking and
loading proposed for the intended structures or uses;
For institutional, recreational or other nonresidential uses of any P-C zone:
Approximate types of uses proposed in the entire area and each
sectional planning area thereof,
Significant applicable information with respect to enrollment, residence,
employment, patients, attendance, and other pertinent social or
economic characteristics of development,
The approximate standards of height, open space, buffering,
landscaping, pedestrian and vehicular circulation, off-street parking and
loading, proposed for the intended structures or uses.
Determination of the amount of acreage required to be designated for
"community purpose facilities" pursuant to Section 19.48.020(c).
Where recreational ball fields are desired as a conditional use in CPF land
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Page 8
(Qrd 2506 § 1 (part),
(part), 1978; Ord
~33.520(C)(1 )).
use districts, a "CPF Master Plan," showing the specific boundaries of
the plan and existing and proposed distribution of CPF uses within a
SPA, GDP or overall Planned Community shall be considered and
approved by the Director of Planning and incorporated as part of the
Planned Community's General Development Plan(s). Ball fields shall not
utilize more than 25% of the overall SPA, GDP or Planned Community
CPF acreage requirement. No park credit shall be granted for
recreational ball fields in developments utilizing this option.
The CPF Master Plan boundaries may be the SPA, GDP or Planned
Community boundaries (more than one GDP) as deemed appropriate by
the Director of Planning.
1992; Ord 2452A §3, 1991; Ord 1854 §5 (part), 1979; Ord 1826 §1
1281 §2 (part), 1970; Ord 1212 §1 (part), 1969; prior code
19.48.050 Findings required for recommendation of establishment.
The planning commission, after public hearing as provided in Sections 19.12.010
through 19.12.110 of this title, may recommend the establishment of a P-C zone; provided
it finds that the facts submitted with the application and presented at the hearing establish
by clear and convincing evidence that:
The proposed development as described by the general development plan is in
conformity with the provision of the Chula Vista general plan.
A planned community development can be initiated by establishment of specific uses
or sectional planning area plans within two years of the establishment of the planned
community zone.
In the case of proposed residential development, that such development will constitute
a residential environment of sustained desirability and stability; and that it will be in
harmony with or provide compatible variety to the character of the surrounding area,
and that the sites proposed for public facilities, such as schools, playgrounds and
parks, are adequate to serve the anticipated population and appear acceptable to the
public authorities having jurisdiction thereof.
In the case of proposed industrial and research uses, that such development will be
appropriate in area, location, and over-all design to the purpose intended; that the
design and development standards are such as to create a research or industrial
environment of sustained desirability and stability; and, that such development will
meet performance standards established by this title.
In the case of institutional, recreational, and other similar nonresidential uses, that such
development will be appropriate in area, location and over-all planning to the purpose
proposed, and that surrounding areas are protected from any adverse effects from
such development.
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The streets and thoroughfares proposed are suitable and adequate to carry the
anticipated traffic thereon.
Any proposed commercial development can be justified economically at the location(s)
proposed and will provide adequate cornmercial facilities of the types needed at such
proposed location(s).
The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with said development.
(Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212
§1 (part), 1969; prior code §33.520(C)(2)).
19.48.060 P-C zone-Planning commission action,
Following a public hearing, and upon making the required findings, the planning
commission shall make a recommendation to the city council for approval or modified approval
of a proposed P-C zone, and shall also adopt a resolution recommending that the city council
adopt the general development plan as submitted or as modified. Such recommendation and
the recommended general development plan shall be forwarded to the city council for its
consideration. If unable to make the required findings, the planning commission shall deny
said application. An appeal frorn the action of the planning commission may be filed in
accordance with Section 19.12.110. (Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978;
Ord 1281 §2 (part), 1970; Oral 1212 §1 (part), 1969; prior code §33.520(D)).
19.48.070 P-C zone-City council action-Compliance with general development plan
required.
Upon receipt of a recommendation by the planning commission for approval or modified
approval of any P-C zone, the city council shall set a public hearing on the matter.
Following its public hearing, the city council may adopt an amendment to the zoning
ordinance establishing a P-C zone, or may deny the proposed amendment. The city
council shall make no modification of the proposed amendment as recommended by
the planning commission unless and until such modification has been referred to the
planning commission for additional study, report and recommendation. Such additional
study, report and recommendation shall be made by the planning commission within
forty days of the date of the referral, unless and except as the city council may grant
the planning commission additional time for its review of the matter.
At the time of adoption of a P-C zone amendment, the city council shall adopt, by
resolution, the general development plan as defined in Section 19.48.040, except as
provided for in Section 19.48.160.
Following the adoption of the P-C zone amendment and the general development plan,
all development within the district shall thereafter be in substantial conformity with the
adopted general development plan or such modifications thereto as may have been
approved.
Ordinance 2732
Page 10
(Ord 2673, 1996; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part),
1970; Ord 1212 §1 (part), 1969; prior code §33.520(E)).
19.48.080 General development plan-Modification requests and procedures.
From time to time it may be necessary and desirable to enodify the approved general
development plan. Modification of such a plan may be initiated by the property owner,
his authorized agent or developer.
Requests for modifications shall be submitted to the planning commission on a
prescribed form and shall be accompanied by such additional maps, statements, or
other information as may be required to support the proposed modification and the
Required Fee(s).
The planning commission shall conduct a public hearing on all proposed modifications.
The planning commission may recommend approval, conditional approval, or denial of
a proposed modification to the city council, which shall conduct a public hearing
thereon.
Modification to an approved general development plan shall be made only by resolution
of the city council. Within thirty days after receipt of a recommendation from the
planning commission, the city council shall approve or deny the proposed modification.
(Ord 2506 §1 (part), 1992; Ord 1961 §1 (part), 1982; Ord 1854 §5 (part), 1979; Ord 1826
§1 (part), 1978).
19.48.090 Sectional planning areas and sectional planning area plans- Requirements and
content.
All P-C zones shall be divided into sectional planning areas, except as provided for in
Section 19.48.160. These areas of subcommunities shall be depicted on the plan
diagram of the general development plan of a P-C zone, and shall be addressed in the
text thereof.
Sectional planning areas shall be composed of identifiable planning units, within which
common services and facilities, a strong internal unity, and an integrated pattern of
land use, circulation, and townscape planning are readily achievable. Where
practicable, sectional planning areas shall have discernible physical boundaries.
Prior to any development within a sectional planning area, the developer shall submit
a sectional planning area plan, accompanied by the Required Filing Fee(s), and a
completed, official application, to the planning commission for public hearing,
consideration, and recommendatory action, unless such sectional planning area plans
are not required by the text of an adopted general development plan. The sectional
planning area plan shall include the following site utilization plan and documents.
1. A site utilization plan of the sectional planning area at a scale of one inch equals
two hundred feet minimum or as determined by the director of planning. The
Ordinance 2732
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plan shall extend a minimum of three hundred feet beyond the boundaries of
the sectional planning area and show the following:
a. The boundaries of the sectional planning area;
b. North arrow and scale;
c. Preliminary grading (including slope ratios and spot elevations where
appropriate);
d. Existing and proposed streets (This shall include all public and private
streets as well as their approxirnate grades and typical widths. The
names of the existing streets shall be indicated);
e. Existing easements (identify);
f. Existing and proposed riding and hiking trails;
g. Existing and proposed bicycle routes;
h. Pedestrian walks;
i. Permanent physical features (i.e., water towers, transmission towers,
drainage channels, etc.);
j. Land uses (include the acreage of each) for;
(1) Parks,
(2) Open space,
(3) Schools (indicate type),
(4) Public and quasi-public facilities (include type),
(5) Residential:
Dwelling type (i.e., single family, duplex, attached, etc.)
Lot lines
Lot size
Number of units (indicate density for each dwelling type)
Parking (covered or open parking and parking ratio)
Typical floor plans and site plans at a minimum scale of one inch
equals twenty feet. (The site plan shall include sufficient detail
of adjacent development to determine the relationship of
driveways, landscaping, walks, buildings, etc.)
Ordinance 2732
Page 12
(6)
(7)
(8)
The building elevations of each type of structure (including
exterior colors and materials)
Commerciah
Location and proposed use of each structure;
The building elevations and floor plans of each structure (include
exterior colors and materials)
Retail floor area (square footage)
Landscaped areas
Circulation (vehicular and pedestrian)
Off-street parking (standards and ratio)
Industrial:
Location and proposed use of each structure;
The building elevations and floor plans of each structure (include
exterior colors and materials)
Retail floor area (square footage)
Landscaped areas
Circulation (vehicular and pedestrian)
Off-street parking (standards and ratio)
Community Purpose Facilities:
Location and acreage of sites, in conformance with Section
19.48.020C.
A specific listing of types of uses to be included in this category,
which are cornpatible with the permitted uses in the planned
community.
Property development standards, including minimum lot size,
setbacks, and height limitations.
Development standards (i.e., permitted land uses, lot coverage, height and bulk
requirements, signs, etc.) for each land use area and designation.
Development to occur in phases shall be so indicated on the plan. A skeletal
plan shall be prepared for those areas indicated for future development. The
skeletal plan shall indicate circulation, building locations, preliminary grading,
areas devoted to landscaping, density and parking, The submission of each
subsequent phase will require a new application and the required fee(s) for a
modification of a sectional planning area plan, together with the required detail
plans,
(Ord 2673, 1996; Ord 2506 §1 (part), 1992; Ord 2452A §4, 1991; Ord 1961 §1 (part),
1982; Qrd 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978).
Ordinance 2732
Page 13
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of May, 1998, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Moot, Padilia, Rindone, Salas, and Horton
None
None
None
Sh~on,j~Mayor
ATTEST:
Bev~erly.Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Ordinance No. 2732 had its first reading at a regular meeting held on the 28th
day of April, 1998 and its second reading and adoption at a regular meeting of said City
Council held on the 5th day of May, 1998.
Executed this 5th day of May, 1998.
~uthelet, City Clerk