HomeMy WebLinkAboutOrd 2015-3352 _ � Ordilnance No. 3352
STRT° pF CA:JFORNI<—TNE RESOURCS �OENCY EOH.UND G.82��'N, Goremn
CALIFORNIA COASTAL COMMISSION �-_
snn m=_eo nnea
' 7575MciROPOL:TANDRIVE,SUITE1a3 " ' �
SlJN DIEGO, CA 92tD8-4CO2 �
(619) 76T-25]0
November 9, 201 S
Mayor Mary Casi1_ias Salas
City of Chula Vista
27b Fou*.th Avenue
Chula Vis[a, CA 91910
RE: Cer�icztion of the City of Cuula Vista Loca] Coastal Prograni Amendment
No. #LCP-6-CHV-i4-0824-I (Clean-Up Revisions and Corrections)
Dear Mayor Casilias Salas:
The Califomia Coastal Commission has reviewed the City's Ordinzace No. .i352 and
Resolution 2015-i 97 toge:her wi�h tiie Commission's action of March 11, 201� certifying
City of Chula Vista Local Coastai Program Amendment# LCP-6-CHV-14-082�-1. Ir.•
accordance wi1� Section 13544 of the Commission's Code of Reguiations, ? have made the
determination?hat the City's actiors are legally adeauate, and the Commission has concurred
at its meeting o`November 4-6, 201�.
By its action on August 11, 2015,the City has formally acknowiedged and accepted the
Co*nm;ssion's certificztion of the Loca! Coastal Prog*am Amendment including flie one
suggested modification. The one suggested nodificatioa to tihe iznd �ise Plan revises Exhsbit
8a to extend tt!e view comdor next to the newly designated building e�velope on Pazcel 2-h.
The City already has coastal development permit authorty over 8us geograplvc area and will
continue issuing permits consistent with the]ocal coastzl program 2s a.*r!ended.
In conclusion,I would iike to congratulate you avd all oflie; elec:ed or appointed officials,
staff and concemed c:tizens for conrinuing to work towards full implementation of ihe Coastai
Act. We re,-nain availzble to assist you and your staff in any way possible as you continue to
deveiop and implement the City's local coastal prog�ani.
Sincerely,
�1�,� I
�Chaz•les Lester � �
Executive Director
(G.'LSan Die6oUteponzV.CPslChda Vi.ua�CV LCPA No.LCP-4LH�-IL-082d-I Cl:amup rtvisbns&cart4iom EOchkotTdoca)
ORDII�ANCE NO. 33�2
ORDI?�'.ANCE OF THE CITY OF CHULA \%ISTA APPRO�'I?�'G
THE .AMENDED SPECIFIC PL�1iv OF THE CHULA VIST.4
LOC.AL CO.ASTAL PROGRaM A?�� AMENDI?�iG CHULA
VIST.4 MUI�'ICIPAL CODE CI-L4PTERS 19.81 THROUGH 19.87
.4ND?�4AKING CERTAIN FI?3DINGS ��ZTH REG.AR.D THERTO
�1'HEREAS. during the past t�;�el��e vears the City of Chula Vista(City) and the San
Diego Unified Port District (Port District), in a collaborati��e effort „ith the communin
worked on the prepazation of a comprehensi��e Chula Vista Ba��front Alaster Plan and Local
Coastal Pro�ram: and
11'HEREAS; on September 2�. 2012, the Cin� Council appro��ed and adopted the
California Coastal Commission-certified Local Coastal Proeram (LCP): and
VIHERE.AS. the area of land co��ered b�� the LCP and �vhich is the subject of this
Ordinance. is diagrammaticalh� represented in Eshibit A attached hereto and incorporated
herein b�� this reference. and for the purpose of general description is the Chula V'ista
Ba��front generall�� located ��est of Interstate �, south of the S�veet�i�ater Mazsh, east of the
San Diego Ba}�_ and north of Palomar Street, includine t��-o territory islands one eenerall�
located south of State Route �4 betw�een Broadwav and Fifrh Avenue.and the other eenerall��
located on the w�est end of Fai��re Street: and
VdHERE.AS, Califomia State la�v requires that coastal cities adopt a LCP and said
LCP must be cenified bv the Califomia Coastal Commission before the LCP can become
effecti��e and implemented b� the local jurisdiction; and
\1'HEREAS; the LCP is composed of a Land Use Plan (LUP) and a Specific Plan
(SP); and
�I�HEREAS.the LCP��as certified b� the Califomia Coastal Commission on Aueust
9. 2012: and
l�'HEREAS, subsequent to the adoption and certification of the LCP it �vas
determined that the documents needed clean-up changes related to certain corrections,
clarification of laneuaee and processes to render them consistent with current conditions and
practices: and
WHEREAS;the proposed chanees do not cause substantia] changes to the objecti�es.
policies, and resulations contained in the documents nor the Coasta] Act policies: and
��'HERE.AS, the proposed changes to the SP component of the LCP documents are
shown in strikeout and underline format and said documents are on file in the Office of the
Ciro Clerk: and
Ordinance No. 3352
Page No. 2
WHEREAS, the Proposed LCP Amendment is contained in a document kno�m as
Local Coastal Program Amendment on file in the Office of the Cit}� Clerk; and
WHEREAS, the Planning Commission set the time and place for a hearing on the
LCP Amendment and notice of the heazing, together with its purpose, �°as given by its
publication in a newspaper of general circulation in the city, and its mailine to propem
o�mers within the boundarv of the LCP, at least ten (]0) days prior to the hearine; and
VdHEREAS, a hearing at the time and place as advertised, name]}�June 11, 2014,at
6:00 p.m. in the Council Chambers; 276 Fourth A��enue; was held before the Plannine
Commission and said hearing was thereafier closed; and
V�'HEREAS. the Plannine Commission re��iewed and considered the Proposed LCP
Amendment: and
WHEREAS,the Plannin�Commission afier considerin�all evidence and testimony
presented recommended with a vote of 5-0-2-0 that the City Council approee the LCP
Amendment includina the Specific Pla�; and
WHEREAS, the Cit}� Clerk set the time and place for the hearing on the LCP
Amendment, including the Specific Plan, and notices of the hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the ciry,and its
mailing to property otimers within eaterior boundary of the LCP at least ten(10)days prior to
the hearing; and
WHEREAS; the duly called and noticed public hearing on the LCP Amendment,
including the SP, was held before the City Council on July 22, 2014, in the Council
Chambers in the City Hall; Ciry of Chula Vista Civic Center, 276 Fourth Avenue, at 2:00
p.m. to receive the recommendations of the Planning Commission and to hear public
testimony with regard to the same.
SECTION I.
NO�d'. THEREFORE: BE IT ORDAINED that the City Council of the City of Chula Vista
does hereb�� find and determine as follows:
A. Et�'VIROI�TMENTAL DETERMINATION
That the proposed project has been reviewed for compliance w�ith the Califomia
Environmental Qualit��Act(CEQA)and City Council has determined that the project
H�as covered in pre��iously adopted Environmental Impact Report UPD#83356-EIR-
6�B/SCH#200�081077. The Citv Council has furiher determined that onlv minor
technical changes or additions to this document are necessary and that none of the
conditions described in Section ]5162 of the State CEQA Guide]ines calling for the
preparation of a subsequent document l�ave occurred; therefore, the City Council has
Ordinance No. 33�2
Paee No. 3
considered an Addendum to Em�ironmental Impact Report UPDr833�6-EIR-
6�B/SCH=200�081077 in accordance ��°ith Section 1>164 of the State CEQ_4
Guidelines.
B. CONSISTENCY WITH GEt�'ERAL PL.AN .�ND CaLIFORNIA CO.AST.AL .ACT
That the proposed amendment to the Local Coastal Program. consistine ofthe Land
Use Plan (LliP) and Specific Plan (SP), is consistent with the City of Chula V"ista
General Plan and the policies of the Coastal Act. The proposed chanees to the LIIP
and SP are minor and unsubstantial and lea�e all of the pro��isions ofthe LliP and SP
intact. With the chanees in place the pro��isions of the documents are still based on
sound plannine principles and practices that ��ill provide for the protection and
conservation of sensiti��e natural resources. The provisions of the documents
continue to allow the transfer of de��elopment from the S���eet���ater District to the
Harbor District. ��hich is a previousl� de�eloped and less sensiti��e area of the
Ba�'front. leading to the development of a project that ���ill minimize potential
negati�e impacts. The pro��isions of the documents ���ill also contribute to pro�ide
more direct access to the Ba��front and create better connection to the rest of the cin
and the region. This ��ill open up the Ba}�front for the enjo}�ment of residents and
visitors. The pro��ision of the LUP and SP ��ill be conduci��e to the de�elopment of
the Ba�-front and the creation of a H-orld-class destination for residents and visitors.
SECTION II.
BE IT FURTHER ORDAINED. that the Cin Council of the Ciri�of Chula Vista does hereb�
approve the amendment to the LCP Specific Plan contained in a document }:no��n as the Local
Coastal Plan Amendment on file in the Office of the Cih Clerk, and incorporated herein b.� this
reference and thereb� amendin� Chula Vista n4unicipal Code Chapters 19.81 thru 19.87.
SECTION IIL SliBVIISSION TO COASTAL CO�fA41SS10\
BE IT FURTHER ORDA[I�'ED. that the Cin�Council does hereb�-cenifi�after a dulv called
and dul�� noticed public hearing that the LCP is intended to be camed out in a manner fu11� in
conformin� ���ith the Califomia Coastal Act of 1976 (Public Resources Code Section 30�10(a)).
BE IT FURTHER ORDAIT'ED,that the Citv Counci] finds that the LCP complies�i ith the
euidelines established b. the Coastal Commission and contains materials sufficient for a thoroueh
and complete revie�v (Public Resources Code Section 30�10(b)).
BE IT FURTHER ORDAINED_ that afrer a duh called and noticed public hearine the Cin�
Council does herebe direct the Cin�n4anaeer or his designee to submit this subject Ordinance and the
LCP. consistina of both the LliP and the SP. to the Coastal Commission and that the Coastal
Commission certifi� the same (Public Resources Code Section 30�1�4).
Ordinance No. 33�2
Page No. 4
SECTION IV". SEVERABILITY
If an�-portion of this Ordinance. or its application to any person or circumstance. is for an�-
reason held to be im�alid.unenforceable or unconstitutional,by a coun of competentjurisdiction,that
portion shall be deemed severable: and such invalidity,unenforceability or unconstitutionalit}�shall
not affect the��alidity or enforceabilin�of the remaining portions of the Ordinance,or its application
to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that
it would have adopted each section; sentence, clause or phrase of this Ordinance,irrespective of the
fact that any one or more other sections, sentences; clauses or phrases of the Ordinance be dedared
invalid, unenforceable or unconstitutional.
SECTION V. CONSTRUCTION
The Cit}� Council of the Cin� of Chula Vista intends this Ordinance to supplement. not to
duplicate or contradict.applicable state and federal law and this Ordinance shall be construed in light
of that intent.
SECTION VI. EFFECTIVE DATE
This Ordinance shall take effect afier the City Council acknowledges receipt ofthe Coastal
Commissions resolurion of certification on the LCP Amendment pursuant to Title 14 of the
California Code of Regulations Sections 13544 and 13551 but no sooner than the thirtieth day from
and after this Ordinance`s final adoption.
SECTION VII. PUBLICATION
The City Clerk shall certifi�to the passage and adoption of this Ordinance and shall cause the
same to be published or posted according to la�i�.
Presented by Approved as to form by
� ` �
Kell � G roughton, FASLA Glen R. G ogins
Director of Development Ser��ices ��to e}�
Ordinance No. 33�?
Pase No. �
PASSED, :4PPROVED. and ADOPTED b�� the Cin� Council of the Cin° of Chula \%ista,
Califomia. this l lth dav of.Au�ust 201�. b� the follo«ine vote:
AI'ES: Councilmembers: Aeuilar. Bensoussan. McCann and ?�4iesen
NAI'S: Councilmembers: None
.ABSENT: Councilmembers: None
.ABSTAIN: Councilmembers: Salas
�
!�4an� Sal • �[a��or
ATTEST:
�� � � ��
Donna R. ?�brris. CMC. Cit�� Clerk
STATE OF CALIFOR\I.A )
COUNTY OF SAI�' DLEGO )
CITY OF CHliLA VISTA )
I, Donna R. Noms, Cit�� Clerk of Chula \Tista. Califomia, do herebvi certifi that the foreeoine
Ordinance No. 33�2 had its first readin�at a reeular meetin�held on the 22nd dav of Juh�2014 and
its second reading and adoption at a reeular meetin� of said Cin� Council held on the 11 th da}� of
August 201�;and was duly published in summary form in accordance«�ith the requuements of state
la�v and the Cit� Charter.
9-�-�� ���,��� �,�
Dated Donna R. Norris. CA4C. Cin� Clerk
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Ordinance No. 3352
Page .
Chula Vista Bayfront
Local Coastal Program Amendment
Bayfront SpeciTic Plan
Table of Conten�MTl�
Chapter 19.81 Bayfront Specific Plan—Scope and Purpose 1
19.81.001 Purpose 1
19.81.002 Scope 1
19.81.003 Authority 6
Chapter 19.82 Bayfront SpeciTic Plan—General Provisions 7
19.82.001 Zoning 7 I
19.82.002 Conflicts, Interpretation, and Applicability of Provisions 7 I
19.82.003 Plan Amendment 7 I
19.62.004 Incorporation by Reference 7 ��
19.82.005 Issues Not Covered 7 '
Chapter 19.83 Bayfront Specific Plan—Coastal Development Permit Procedures_8 I
19.83.001 Purposes 8
19.83.002 Definitions 8
19.83.003 Development Permit Conditions 10
19.83.004 Applicability 11
19.83.005 De Minimis Development 11
19.83.006 Exemptions 12
19.83.007 Emergency Development Permit 13
19.83.008 Notice of Appealable Developments 13
19.83.009 Public Hearing on Appealable Developments 14
19.83.010 Notice of Local Government Action Where Hearing Continued 14
19.83.011 Notice of Nonappealable Developments that Require a Public Hearing
—Conditional Uses 14
19.83.012 Public Hearing on Nonappealable Developments—Conditional Uses_15
19.83.013 Notice of Nonappealable Developments That Do Not Require a
Public Hearing— Permitted Uses 15
19.83.014 Determination of Applicable Notice and Hearing Procedures 15
19.83.015 Finality of City Action 15
19.83.016 Final City Action—Notice 16
19.83.017 Failure to Act— Notice 16
19.83.018 Local Government Action— Effective Date 16
19.83.019 Exhaustion of Local Appeals 17
19.83.020 Appeal Fee 17
Chapter 19.84 Bayfront Specific Plan—Land Use Zones 18
19.84.001 Purpose and Scope 18
79.84.002 Commercial Zones 18
19.84.003 Industrial Zones 20
19.84.004 Public/Quasi-Public and Open Space Zones 22
19.84.005 Residential Zones 22
19.84.006 Circulation and Other Designations 23
City of Chula vsta September 2012
I Bayfront Specific Plan Amended
Ordinance tio. 3���
°�¢e 'vo. 9
Chapter 19.85 Bayfront Specific Plan—Development Criteria 40
19.85.001 Purpose and Scope 40
19.85.002 Permitted Uses 40
19.85.003 Development Intensity 40
19.85.004 Height Regulations 41
19.85.005 Sign Regulations 43
19.85.006 form and Appearance 45
19.85.007 InfrasVucture 49
19.85.008 Parking Requirements 54
19.85.009 Usable Open Space Standards 55
19.85.010 Site Development Standards 56
19.85.011 Greding and Drainage 58
19.85.012 Special CondRions 70
Chapter 19.86 Bayfront Spec�c Plan—EnvironmenWl Management Program_74
19.86.001 Purpose and Scope 74
19.86.002 Resource Elements 74
19.86.003 Environmental Management Requirements 74
19.86.004 Environmental Management of Delineated Resources 75
19.86.005 Add'Rional Diking, Dredging, or Filling of WeUand Areas 75
19.86.006 Water Quality Requirements 76
19.86.007 Interpretive Center Funding 76
Chapter 19.87 Bayfront Specific Plan—Infrastructure Financing and
Funding Mechanisms 79
?8.�7.991 f�e�evele�ment Fun�s 78
19.87.0021 Community Devebpment Block Grants (CDBG) 80
19.87.0032 Business Improvement Distrids 80
19.87.0043 Development Impact Fees 80
19.87.0054 TransNet 81
19.87.0065 Grant Funding 81
19.87.D0�6 General Fund 81
19.87.D0�7 Other Funding Sources 81
19.87.0088 Relation of Funding to Other Bayfront Spec�c Plan Provisions
82
Ciry ot ChuW Nista Septem6er 2ot 2
IBayhont Specific Plan Amended
iii
Ordinance No. 335?
Page o.
List of Tables
Table 1: Building Height Limits by Parcel Area 42
List of Figures
Exhibit 1: Regional Location Map 2
Exhibit 2: Coastal Zone Map 3
Exhibit 3: Jurisdictional Boundaries 4
Exhibit 4: LCP Planning Area 6
Exhibit 5: Zoning Map 24
Exhibit 6: Form and Appearance Map 48
Exhibit 7a: Circulation Map—Roads and Public Transportation Network 50
Exhibit 7b: Circulation Map- Pedestrian Network 51
Exhibit 7c: Circulation Map—Bicycle Network 52
Exhibit 8: Utilities Systems Map 53
List of Appendices
Appendix A: Use Classification System—Administrative Guidelines 25
Appendix B: Bayfront Sign Program 61
City of Chula Vista September 2012
I Bayfront Specific Plan Amended
iv
Ordinance ?�o. 3��'
Page No. 11
CHAPTER 79.81
BAYFRONT SPECIFIC PLAN—SCOPE
AND PURPOSE
Sections:
19.81.D01 Purpose.
19.81.D02 Scope.
19.81.003 Authority.
19.81.001 Purpose.
The Chula Vista bcal coastal program (LCP) implementation progrem (hereinafter referred to as
the Bayfront SpecRc Plan) is adopted by City Council Ordinance No. 3238, to protect and pro-
mote the heatth, safety, morals, peace, comfort, convenience, prosperity and general welFare.
The Bayfront Specfic Plan is intended to implement the Chula Vista General Plan and the Chula
Vsta LCP Land Use Plan (LUP) and their goals, objectives, and policies, which are also being
implemented by the Bayfront Redevelopment Plan prepared by the Redevelopment Agency of
the City of Chula Vista. Calrfomia and Succesaa Aaencv (Agency) thGeto Dursuant to the Cali-
fomia Community Redevelopment Law (HeaRh and Safety Code Section 33000, et seq.�
34173. resoectivelvl, the Califomia Constitution, and all applicable laws and ordinances, and last
amended on dur+e-2�3-�89�Seotember 25. 2012 by City Council Ordinance No. 2Z343238 and
Resolution No. 2012-189. (Ord. 3238 §2 (Exh. B), 2012; Ord. 2532, 1992: Res. 11903, 1985).
19.81.002 Scope.
The Chula Vista coastal zone (coastal zone) is located in the City of Chula Vista (City) in San Di-
ego County, Califomia (Exhibit 1). The City is bounded by the cities of National City to the north
and San Diego and Imperial Beach to the south. The Chula Vsta BayFront coastal area (Bayfront)
is located within the coastal zone and encompasses the coastal lands from the City's northem
boundary south to Pabmar Street and west of and including Interstate 5. The Bayfront area also
includes two inland parcels of land located east of I-5, one located on the south of the west end oi
Faivre Street and the other located in the northem part of[he City. The portion of the coastal zone
bcated south of Palomar Street, known as the West Faifield Planning Area, is not included in the
Bayfront area (Exhibit 2).
The Bayfront area consists of lands under the jurisdiction of the San Diego Unfied Port District
(PoR) and lands under the jurisdiction of the City (Exhibit 3). The subject of the LCP amendment
(Chula Vista LCP Planning Area) is non-Port parcels under the jurisdiction of the City, including
privately owned lands and City-owned lands, within the BayFront area. A large block of land locat-
ed in the northem portion of the BayFron[ area near the Sweetwater Marsh National Wildl'rfe Ref-
uge (LUP Subarea 1, Sweelwater Distnd), owned by a private entity, was part of a land ex-
change with the Port for more devebpable parcels located in the central portion of the Bayfront
area (LUP Subarea 2, Harbor District) and southem portion of the Bayfront area (LUP Subarea 3,
Otay District). The land exchange included the transfer, after approval of [he land exchange by
the Calrfornia State Lands Commission, of six parcels in the Sweetwater Distrid from the private
owner to the Port in exchange for four parcels in the Harbor District from the Port to the private
owner. This land transfer shiRed the jurisdiction of the four parcels in the Har6or from the Port to
[he City.
CRy of Chula Vista SepLember 2012
I 88yfront Spedfic Plan AmenAeC
1
Ordinance No. 3352
Page
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The BayFront Specific Plan shall govern and regulate all development wfthin the Chula Vista LCP
Planning Area boundary as depicted in Exhibit 4, herein. (Ord. 3238 §2 (Exh. B), 2012; Ord.
2532, 1992).
19.81.003 Authority.
The Bayfront Spec'rfic Plan is adopted pursuant to Section 30500(a) of the Califomia Public Re-
sources Code, relating to the requirements of a city to implement the provisions and policies of
the Califomia Coastal Act. This Bayfront Specific Plan is further adopted pursuant to Sections
65450 through 65457 of the California Govemment Code, and Chapter 19.07 CVMC, relating to
specific plans.
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(Ord. 3238§2 (Exh. B), 2012; Ord. 2532, 1992).
City of Chula Vista September 2012
I BayFron[Specific Plan Amended
10
Ordinance No. 3352
Page No. ?1
CHAPTER 19.82
BAYFRONT SPECIFIC PLAN —
GENERAL PROVISIONS
Sections:
19.82.OD1 Zoning.
19.82.OD2 Conflids, interpretation, and applicability of provisions.
19.82.OD3 Plan amendment.
19.82.OD4 Incorporation by reference.
19.82.005 Issues not covered.
19.82.001 Zoning.
The Bayfront Specific Plan is adopted, pursuant to Govemment Code Section 65451(b), as a
specific plan by ordinance to implement applicable provisions of the General Plan and LUP, in
accordance with Chapter 19.07 CVMC, Specific Plans, and therefore serves as the zoning for all
property wRhin the scope of the plan area. (Ord. 3238 §2 (Exh. B, C), 2012; Ord. 2532, 1992).
19.82.002 Conflicts, interpretation, and applicability of provisions.
Whenever the provisions of this Bayfront Specfic Plan conflid with the provisions of the Chula
vsta zoning provisions (CVMC Title 19, Planning and Zoning, hereinafter referred to as the'Chu-
la Vsta Zoning Code') or whenever the provisions reflect an intemal conflict, the Bayfront Specif-
ic Plan provisions shall supersede those of the Chula Vsta Zoning Code. In all cases, whenever
provisions require interpretation, the LUP shall provide cla�cation a amplification. (Ord. 3238
§2 (Exh. B, C), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.82.003 Plan amendment.
Amendments to this Bayfront Specfic Plan shall require an amendment to the Chula Vsta Zoning
Code and shall be subjec[ to the applicable sections of the Calrfomia Coastal Act relating to
amendments to LCPs. (Ord. 3238§2 (Exh. B), 2072; Ord. 2532, 1992; Res. 11903, 1985).
19.82.004 Incorporation by reference.
Whenever this Bayfront Specific Plan refers to another article, section, or subsection of the Chula
Vsta Zoning Code, such reference shall be deemed inwrporated herein. Amendments to the
Chula Vsta Zoning Code shall not be effective in the coastal zone until and unless an amend-
ment to this plan is approved by the Coastal Commission. (Ord. 3238 §2 (Exh. 8, C), 2012; Ord.
2532, 1992; Res. 11903, 1985).
19.82.005 Issues not covered.
In the event that an issue is not covered by any provisions or regulations provided for herein, then
the issue shall be govemed by the applicable regulations of the Chula Vista Zoning Code. (Ord.
3238§2 (Exh. B), 2012; Ord. 2532, 1992).
City of Chula Y�sta September 2012
I Bayfront Spetlfic Plan AmerdeC
11
Ordinance No. 3352
Page Ne, 22
CHAPTER 19.83
BAYFRONT SPECIFIC PLAN —COASTAL DEVELOPMENT PERMIT PROCEDURES
Sections:
19.83.D01 Purposes.
19.83.002 Defnitions.
19.83.003 Development permit conditions.
19.83.004 Applicability.
'19.83.005 De minimis development.
'19.83.006 Exemptions.
�9.83.007 Emergency development permit.
19.83.008 Notice of appealable developments.
19.83.009 Public hearing on appealable developments.
19.83.D1D Notice of local govemment action where hearing continued.
19.83.011 Notice of nonappealable developments that require a public hearing—Conditional
uses.
19.83.012 Public hearing on nonappeala6le developments—CondRional uses.
19.83.013 Notice of nonappealable developments that do not require a public hearing—
Permitted uses.
19.83.014 Determination of applicable notice and hearing procedures.
19.83.015 Finality of City action.
19.83.016 Final City action—Notice.
19.83.017 Failure to act—Notice.
19.83.018 Local government action—Effective date,
19.83.019 Exhaustion of local appeals.
19.83.020 Repealed.
19.83.007 Purposes.
This chapter establishes the permit procedures for developments located in the coastal zone as
defined in Section 30150 of the Public Resources Code. This chapter is based on the LCP im-
plementation regulations adopted by the California Coastal Commission pursuant to Public Re-
sources Code Sections 30333 and 30501, and as such shall constitute the procedural require-
ments for review of developments in the coastal zone pursuant to Public Resources Code Section
30600(d). (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.83.002 DeTinitions.
"Aggrieved person° means any person who, in person or through a representative, appeared at a
public hearing of the City in connection with the decision or action appealed, or who, by other ap-
propriate means prior to a hearing, informed the City of the nature of his concems, or who for
good cause was unable to do either.
"Allowable use" means any use allowed by righ[that does not require a public hearing or any dis-
cretionary or nondiscretionary permit of the approving authority.
"Appealable development" means, in accordance with Public Resources Code Section 30603(a),
any of the following:
City of Chula Yista September 2012
I Bayfront Specific Plan Amended
12
Ordinance tio. 3352
Page No. 23
1. Developments approved by the local government between the sea and the first public road,
or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea
where there is no beach, whichever is the greater distance.
2. Developments approved by the local govemment, no[ included within subsection (1) of this
deTinition, located on tidelands, submerged lands, or public trust lands; within 100 feet of any
weUand, estuary, or stream; or within 300 feet of the top of the seaward face of any coastal
bluff.
3. Any development that constitu[es a major energy facility, The phrase "major public works
project or a major energy facilit� is as used in Public Resources Code Section 30603(a)(5), or
'energy facility,' as defined by Public Resources Code Section 30107, with a value exceeding
5100,000, as adjusted irom the 1982 base year per the Engineering News Record Construc-
tion Costlndex.
"AppellanY means any person who may file an appeal and includes an applicant, any aggrieved
person, or any two members of the Coastal Commission.
'ApplicanY means the person, partnership, corporation, or state or bcal govemment agency ap-
plying for a coastal development permit.
`Approving authority' means the Cdy o�cer, Planning Commission, or Council approving a
coastal development pertnit.
'Categorically excluded development' means a development (upon request of the City, public
agency, or other person) that [he Coastal Commission has determined, pursuant to Section
30610(e) of the Public Resources Code, to have no potentiai for significant adverse environmen-
tal effec[s and therefore has been issued an exclusion from the coastal development permit re-
quirements in accordance with the applicable regulations.
"Coastal Commission' means the Calrfomia Coastal Commission.
"Coastal development permd° means a letter or ceRificate issued by the Ciry, in accordance with
the provisions of this chapter, after the applican[ has submitted all necessary supplementary doc-
umentation required to satisfy the condRions precedent in the notice to issue a coastal develop-
ment permit.
'Conddional use' means any use that requires a public hearing.
"Development' means, on land, in or under water, the placement or erection of any solid material
or structure; discharge or disposal of any dredged material or oi any gaseous, liquid, solid, or
thertnal waste; grading, removing, dredging, mining, or extradion of any materials; change in the
density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdi-
vision Map Act (commencing with Section 66410 of the Govemment Code); and any other divi-
sion of land, including lot splds, except where the land division is brought about in connection wdh
the purchase of such land by a public agency for public recreational use; change in the intensity
of use of water, or of access thereto; construc[ion, reconstruction, demolRion, or aReration of the
size of any strudure, including any facility of any private. public, or municipal utility; and the re-
moval or harvesting of major vegetation other than fa agricuttural purposes, and kelp harvesting.
"Development permit procedures° are instructions regarding how to process plans, proposals and
pertnits through the City's entitlement process.
Crty of Chula Ysta Septernber 2012
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Ordinance No. 3352
Page;:e. �4
"Emergenc� means a sudden, unexpeded occurrence demanding immediate action to prevent
or mitigate loss or damage to Irfe, heatth, property, or essential public services.
"Emergency development" means work undertaken to resolve problems resulting from a situation
falling within the definition of"emergency."
"Local coastal program" means the City's Land Use Plan, zoning ordinances, zoning maps, and
other implementing actions certified by the Coastal Commission as meeting the requirements of
the California Coastal Act of 1976.
"Notice to issue coastal development permit` means a letter or certficate issued by the City, in
accordance with the provisions of this chapter. approving a development, subject to fulfillment of
cond'Rions prior to issuance of a coastal development permit, but if such conditions are fu�lled, as
being in conformance wdh and adequate[o carry out the LCP. i
"Other permits and approvals" means permits and approvals, other than a coastal development I
permit, required to be issued by the approving authority before a development may proceed.
"Permitted use" means any use allowed by right that does not require a public hearing, but does I
require a discretionary or nondiscretionary permit (e.g., building permit) to be issued by the ap- j
proving authordy. I
"Sea level rise" means a change in the mean level of the ocean. Accepted sea level rise scenari-
os shall be based on best available science (such as the 2010 Sea Level Guidance from the Cali- �
fornia Ocean Protection Council) and are presently projected at a range of between 10 and 17 j
inches for 2050.
"Structure," as used in this chapter, includes, but is not limited to, any building, road, pipe, flume, �
conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
(Ord. 3238§2 (Exh. B, C), 2012; Ord. 2532, 1992; Ord. 2168§ 1, '1986; Res. 11903, 1985).
19.83.003 Development permit conditions.
Wherever reservation of an interest in land for public access, open space, or conservation is re-
quired by the LCP, d shall be a condRion of the coastal development permit.
A. Legal Instruments Required. Prior to issuance of a coastal development permit, where a pub-
lic access way or open space or conservation restriction on land is required by this LCP, each
applicant shall record one of the following legal documents as specified in the conditions of ap-
proval:
1. Irrevocable Offer of Dedication. The applicant shall submit a preliminary title repoR and
record an irrevocable offer to dedicate the access way, open space, or conservation ease-
ment or to convey such interest in property in fee as described in the permit conditions, free
of prior liens or encumbrances, except for tax liens. This offer can be accepted within 21
years by a nonprofit organization or governmental agency subject to approval by the Exec-
utive Director of the Coastal Commission. Until this offer is accepted or until the landowner
allows, the public has no right to use the access way; provided, that the landowner shall not
interfere with established existing public use.
2. Outright Grant of Fee Interest or Easement. If the project is important in and of itself for
public access, open space, or conservation needs, and the size and scope of the proposed
development are such that an outright conveyance interest is appropriate, or there is an
City of Chula Ysta September 2012
I Bayfront Specific Plan Amended
14
Ordinance?vo. 3352
Page No. 25
accepting agency approved by the Executive Director of the Coastal Commission available
ta accept the easement or fee interest, it can be required prior to issuance of the coastal
development pertnit. Until such a grant is accepted or until the landowner allows, the public
has no right to use the access way; provided, that the landowner shall not interfere with es-
tablished existing public use.
3. Required IMormation. As a condition of the issuance of a coastal development pertnit, tdle
iMormation and all necessary subordination agreements shall be required. Title insurence
may also be required when extensive interests inland are being granted. (Ord. 3238 §2
(Exh. B), 2012; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1965).
19.83.004 Applica6ility.
Except as provided in CVMC 19.83.005 and 79.83.006, any person wishing to undertake a devel-
opment in the coastal zone shall obtain a coastal development pertnit in accordance with the pro-
visions of this chapter, in adddion to any other pertnit required by law. Development undertaken
pursuant to a coastal devebpment permit shall confortn to the plans, specihcations, terms, and
conditions approved in granting the pertnit. The procedures prescribed herein may be used in
conjundion with other procedural requirements of the Cdy; provided, that the minimum require-
ments as specified herein are met. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532.
1992; Res. 13957, 1989; Res. 11903. 1985).
19.83.005 De minimis development
� The Director of Devebomerrt Services may issue a written waiver irom the
coastal developmeM permit requirements of this chapter for any development that is de minimis.
A proposed development is de minimis 'rf the Director of Deveboment Ser-
v�determines, based on a review of an application for a coastal development permi[, that the
development invdves no potential for any adverse effect, either individually or cumulatively, on
coastal resources and that it will be consistent with all applicable objectives, policies, and stand-
ards of the ceRfied LCP. The determination shall be made in writing and based upon factual evi-
dence.
A. De minimis waivers shall be permitted only in the nonappealable area of the City's coastal
development permitting jurisdiction when no local public hearing is required.
� B. The Director of eM may consider the follawing types
of projects for possible permit waivers:
1. Prqects that would have been placed on the consent calendar of the Ciry Council agenda
wi[hout special conditions;
2. Projects fulty consistent with the certified LCP and for which all applicable policies of the
LCP are objective in nature, such that staff dces not have to exercise ds judgment as to
satisfaction of subjective criteria; and
3. Projects located in areas where similar prajec[s have been approved as a routine matter
without condRions or opposi[ion.
C. The following projects will not be considered for possihle waivers:
1. Prqects that involve questions as to conformity with the cert�ed LCP, or that may resutt in
potential impads on coasWl resources and public access;
City of Chula Ysta September 2012
I Bayfront Specific Plan Amended
15
Ordinance No. 3352
Page Ue 26
2. Projects with known opposition or probable public controversy; and
3. Projects that involve divisions of land including condominiums.
D. If, upon review of the coastal deve�opment permit application, the Director of Rlaaaiag-a�xl
�uilAiagDevelooment Services detertnines that the development is de minimis, the applicant shall
post public notice of the de minimis waiver on the property for at least seven calendar days prior
to the final decision granting the waiver. Notice of intent to issue a de minimis waiver shall also be
made to the Coastal Commission and to persons known to be interested in the proposed devel-
opment in the following manner:
Within 10 calendar days of accepting an application for a de minimis waiver or at least seven cal-
Iendar days prior to the decision on the application, the Director of evel-
ooment Services shall provide notice, by first class mail, of pending waiver of permit require-
ments. This notice shall be provided to all persons who have requested to be on the mailing list
for that development project or site or for coastal decisions within the local jurisdiction, to all
property owners and residents within 300 feet of the perimeters of the parcei on which the devel-
opment is proposed, and to the Coastal Commission.
E. The notice shall contain the following information:
1. A general description of the proposed project and location;
2. A statement that the development is within the coastal zone;
3. The date of filing of the application and the name of the applicant;
4. The number assigned to the application;
5. The date at which the waiver may become effective;
6. The general procedure concerning the submission of public comments either in writing or
rally prior to the decision; and
7. A statement that a public comment period of su�cient time to allow for the submission of
comments by mail will be held prior to the decision.
� The Director of inent Servi shall report to the City Council at its
next available public meeting those projects for which waivers are proposed, with sufficient de-
scription to give notice of the proposed development to the City Council. A list of waivers issued
by the Director of evelonment Services shall be available for public in-
spection at the public counter of the 6e�+sauaity Development Services Department and at the
City Council meeting during which any waivers are reported. A waiver shall not take effect until
� after the �irector of evelooment Services makes his/her report to the City
Council. If one-third of the City Council (two members) so request, such issuance shall not be
effective and, instead, the application for a coastal development permit shall be processed in ac-
cordance with the provisions of this chapter. (Ord. 3238§2 (Exh. B), 2012; Ord. 2790, 1999; Ord.
2532, 1992; Res. 13957, 1989; Res. 11903, 1985).
19.83.006 Exemptions.
A. The following shall be considered exemptions from a coastal development permit:
CiTy of Chula Vista September 2012
I Bayfront Specific Plan Amended
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Ordinance No. 3352
Page No. 27
1. Repair and maintenance adivities that do not resuft in an adddion to or enlargement or
expansion of the object of such activities, except as othenvise specified by the Coastal
Commission in TiUe 14. Division 5.5 of the Cal'rfornia Code of Regulations, and any
amendments thereafter adopted.
2. Ac[ivities of public utilities as specfied in the repair, maintenance, and utility hook-up ex-
clusion adopted by the Coastal Commission on September 5, 7978, unless a proposed ac-
[ivi[y will have a risk of substantial adverse impact on public access, environmentally sen-
sitive habitat area, wetland, or public views to the ocean.
3. Occupancy pertnits that do not constitute devebpment, including but nat limited to occu-
pancy pertnits that do not involve a change in the density or intensiry of use of land andlor
the change in the intensity of access to the coast.
4. Improvements to single-family residences, except as otherwise specfied by the Coastal
Commission in Subchapter 6. Ti[le 14, Califomia AdminisVative Code, and any amend-
ments thereafter adopted.
5. Improvements to any structure other than a single-family residence or a pu6lic works facili-
ty, except as otherwise spec�ed by the Coastal Commission in Subchapter 7.5, Tdle 14,
Cal'rfomia AdminisVative Code, and any amendments thereafter adopted.
B. Notice of exempt development shall be as follows: a permd issued by the Ciry for a develop-
ment that is exempt from the coastal development permit requiremeMS shall be exempt from
the notice and hearing requirements of this chapter. The City shall maintain a record for all
pertnits issued for exempt developments that shall be made available to the Coastal Commis-
sion or any interested person upon request. This record may be in the form of any record of
permits issued currently maintained by the City; provided, that such record includes the appli-
canYs name. the location of the project, and a brief description of the projed. (Ord. 3238 §2
(Exh. B, C). 2012; Ord. 2532, 1992; Ord. 2168 § 1, 1986: Res. 11903, 1985).
19.83.D07 Emergency development permit.
Application for and issuance of an emergency development permit shall comply with require-
ments set forth in ArtiGe 2, Sections 13329, 13329.1, 133292, 13329.3, and 73329.4 of the Cali-
fomia Administ2tive Code (Califomia Code of Regulations Title 14). An application and permit
fortn prepared in compliance with said article shall be adopted by the City. (Ord. 3238 §2 (Exh.
B), 2012; Ord. 2532. 1992; Ord. 2168§ 1, 1986; Res. 11903, �985).
19.83.008 Notice of appealable developments.
WRhin 10 calendar days of accepting an application for an appealable coastal development per-
mi[ or at least 10 calendar days prior to the first public hearing on a development proposal, the
City shall provide notice by first class mail of pending application for appealable development.
This notice shall be provided to each applicant, to all persons who have requested to be on [he
mailing list for that development project or for coastal decisions within the Ciry, to all property
owners and residents within 300 feet of the perimeter of the parcel on which the development is
proposed, and to the Coastal Commission.The notice shall contain the following information:
A. A statement that the development is within the coastal zone;
B. The date ot filing of the appliwtion and the name of the applicant;
City of Chula Vista September 2012
IBayfront Spedfic Plan Amende0
'17
Ordinance No. 3352
Page '�'a,��
C. The number assigned to the application;
D. A generel description of the development and Rs proposed location;
E. The date, time, and place at which the application will be heard by the local goveming body or
hearing officer;
F. A brief description of the general procedure of local government concerning the conduct of
hearings and local actions;
G. The system for local and Coastal Commission appeals, including any local fees required; and
H. Costs of the notice that are not reimbursed to local governments through grants or SB90 re-
imbursement pursuant to Public Resources Code Section 30353. (Ord. 3238 § 2 (Exh.
B),20�2; Ord. 2532, 1992; Res. 11903, 1985).
19.83.009 Public hearing on appealable developments.
At least one puhlic hearing shall be held on application for an appealable development, thereby
affording any persons the opportunity to appear at the hearing and inform the City of the nature of
his or her concems regarding Ihe project. Such hearing shall occur no earlier than '10 calendar
days following the mailing of the notice required in CVMC 19.83.008 and shall normally be con-
� ducted by the RJanr>inQDevelooment Services Director or his/her designee. The public hearing
may be conducted in accordance with existing local procedures or in any other manner reasona-
bly calculated to give interested persons, including the applicant, an opportunity to appear and
present their viewpoints, either orally or in writing.
The hearing officer's decision may be appealed to the City Council withi� 10 days following the
hearing officer's decision. Said appeal shall be processed by the City Council in the same manner
as a public hearing on appealable development described in this section. (Ord. 3238 §2 (Exh. B),
2012; Ord. 2613, '1994; Ord. 2532, 1992; Res. 13957, 1969; Res. 11903, 1985).
19.83.010 Notice of local govemment action where hearing continued.
If a decision on a coastal development permit is continued by the City to a time that is neither (A)
previously stated in the notice provided pursuant to CVMC 19.83.008 nor (B) announced at the
hearing as being continued to a time ceRain, the City shall provide notice of the further hearings
(or action on the proposed development) in the same manner, and within the same time limits, as
established in CVMC 19.83.009. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532.
1992; Res. 11903, 1985).
19.83.011 Notice of nonappealable developments that require a public hearing -
Condi[ional uses.
Notice of nonappeala6le developments that require a public hearing involving conditional uses
shall be given at least 10 calendar days 6efore a hearing in the following manner:
A. Notice in the manner prescribed in CVMC 19.83.006; or
B. Notice as prescribed herein:
City of Chula Vista September 2012
I Bayfront Specific Plan Amended
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Ordinance No. 3352
Page?�;o. 29
1. If the matter is heard by the Planning Commission, notice shall be published in a newspa-
per of general circulation or (if there is none) posted in at least three public places in the lo-
caljunsdidion;
2. Notice by first Gass mail to any person who has filed a written request;
3. Notice by first class mail to property owners within 300 feet ot the proposed projec[;
4. Notice by first class mail to residents within 3001eet of the proposed project;
5. Notice by first class mail to the Coastal Commission; and
6. The notice shall contain a statement that the propased development is within the coastal
zone. (Ord. 3238§2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.83.0�2 Public hearing on nonappealable developments—Conditional uses.
At least one public hearing shall be held on each application for a nonappealable development
involving a conditional use, thereby affording any persons the opportunity to appear at the hear-
ing and infortn the City of the nature of his or her concerns regarding the projed. Such hearing
shall occur no earlier than 10 calendar days following the mailing of the notice required in CVMC
19.83.008 and shall be conducted in accordance with local procedures or in any other manner
reasonably calculated to give interested persons, inGuding the applicant, an opportunity to ap-
pear and present their viewpoints, ei[her orelly or in writing. (Ord. 3238 §2 (Exh. B), 2012; Ord.
2613, 1994; Ord. 2532, 1992; Res. 13957, 1989).
19.83.013 Notice of nonappealable developments that do not require a public hearing
Permitted uses.
Notice of nonappealable devebpments that do not require a public hearing involving permitted
uses shall be provided in the manner prescribed in CVMC 19.83.005. (Ord. 3238 §2 (Exh. B),
2012; Ord. 2613, 1994; Ord. 2532. 1992; Res. 11903, 1985).
19.83.014 Determination of appiicable notice and hearing procedures.
The detertnination of whether a development is categorically excluded or appealable for purposes
of notice, hearing, and appeals shall be made by the City at the time the application for develop-
ment is submitted. This determination shall be made with reference to the certified LCP, including
maps, categorical exGusions, land use designations, and zoning ordinances adopted as a paR oi
the certified LCP. Where an applicant, interested person, or the City has a question as to the ap-
propriate procedures, the following procedures shall he followed:
A. The City shall make its determination as[o what type of development is being proposed (i.e.,
exempt, categorically excluded, appealable, or nonappealable) and shall infortn the applicant
of the notice and hearing requirements for that particular development. The local determina-
tion may be made by the designated approving authority.
8. If the detertnination M the City is challenged by the applicant or an interested person, a if the
City wishes to have a Coastal Commission determination as to the appropriate designation,
the City shall notify [he Coastal Commission by telephone of the dispute/question and shall
request an Executive Directors opinion.
C. The Executive Diredor shall, in wri[ing, within two working days of the City's request(or upon
City of Chula Vsta September 2012
I Bayhont Speafic Plan Amended
19
Ordinance No. 3352
Page ?:�e��9
completion of a site inspection where such an inspection is warranted), transmit a determina-
tion as to whether the development is exempt, categorically excluded, nonappealable, or ap-
pealable.
D. Where, after the Executive Director's investigation, the Executive Director's determination is
not in accordance with the City determination, the Coastal Commission shall hold a hearing for
the purpose of determining the appropriate designation for the next Coastal Commission
meeting in the appropriate geographic region following the City's request. (Ord. 3238 § 2 (Exh.
B), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.83.015 Finality of City action.
A local decision on an application for a development shall be deemed final when (A)the local de-
cision on the application has been made and all required findings have been adopted, including
specific factual findings supporting the legal conclusions that the proposed development is or is
not in confortnity with the certified LCP, and that the required conditions of approval adequate to
carry out the certified LCP as required in the implementing ordinances have been imposed, and
(B) all rights of appeal have been exhausted as defined in CVMC 19.83.019. (Ord. 3238§ 2 (Exh.
B), 2012; Ord. 2613. 1994; Ord. 2532, 1992; Res. 11903, 1985).
19.83.016 Final City action—Notice.
Within seven calendar days of a final decision on an applica[ion for any development (except cat-
egorically excluded or exempt developments), the City shall provide notice of its action by first
class mail to the Coastal Commission and to any persons who specifically requested notice of
such final action by submitting a self-addressed, stamped envelope to the City (or, where re-
quired, who paid a reasonable fee to receive such notice). Such notice shall include the name
and address of the applicant, conditions of approval, written findings, and the procedures for ap-
peal to the Coastal Commission. (Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2532, 1992; Res. 11903,
1985).
19.83.017 Failu►e to act—Notice.
A. Notification by Applicant. If the City has failed to act on an application within the time limits set
forth in Government Code Sections 65950 through 65957.1, thereby approving the develop-
ment by operation of law, the person claiming a right to proceed pursuant to Govemment
Code Sections 65950 through 65957.1 shall notify, in writing, the City and the Coastal Com-
mission of his or her claim that the development has been approved by operation of law. Such
notice shall specify the application that is claimed to have been approved.
B. Notification by City. When the City determines that the time limits established pursuant to
Government Code Sections 6595D through 65957.1 have expired, the City shall, within seven
calendar days of such determination, notify any person entitled to receive notice pursuant to
CVMC '19.83.016 that it has taken final action by operation of law pursuant to Govemment
Code Sections 65950 through 65957.1.
The appeal period for projects approved by operation of law shall begin to run only upon the
receipt of the City's notice in the Coastal Commission office. (This section shall apply equally
to a City determination that the project has been approved by operation of law and to a judicial
detertnination that the project has been approved by operation of law.) (Ord. 3238 §2 (Exh.
B), 2012; Ord. 2532, 1992; Res. 11903, 1985).
Ciry of Chula Vista September 2D12
IBayfront Specific Plan fvnended
20
Ordinance No. 33�2
Page No. 31
79.83.018 Local govemment action—Effective date.
A final decisian of the City on an application for an appealable development shall become effec-
tive after the 10-working-day appeal period to the Coastal Commission has expired w after the
twenty-first calendar day following the final local action unless any of the fdlowing occur
A. An appeal is filed in accordance with the Coastal CanmissioNs regulations; or
B. The notice of final bcal govemmen[ac[ion does not meet the requirements of CVMC
19.63.016 and 19.83.017.
Where either of the circumstances above occurs, the Commission shall, within five calendar days
of receiving notice of that circumstance, notrfy the Ci[y and the applicant that the effective date of
the Ciry adion has been suspended. (Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532. 1992: Res.
11903, 1985).
19.83.019 Exhaustion ot local appeals.
A. An appellant shall be deemed to have exhausted local appeals for purposes of filing an appeal
under the Coastal Commiuion's regulations and be an aggrieved person where the appellant
has pursued his appeal to the local appellate body as required by the City's appeal proce-
dures; except, that exhaustion of all local appeals shall not be required if any one of the follow-
ing accurs:
1. The Cdy requires an appellant to appeal to more local appellate bodies for permds in the
coasWl zone in Ihe implementation section of the LCP;
2. An appellant is denied the right M the initial local appeal by a local ordinance that restricts
the class of persons who may appeal a bcal decision;
3. An appellant is denied the right o( local appeal because local notice and hearing prxe-
dures for the development did not comply with the provisions of this chapter; or
4. The City charges an appeal fee for the filing or processing of appeals. Where the local
govemment would ordinarily require a fee for the processing ot appeals within the appeala-
ble areas of the coastal zone, the City may apply to the Coastal Commission for a reim-
bursement of that fee through an 5690 claim or similar reimbursement prxess.
B. Where a project is appealed by any two members of the Coastal Commission, there shall be
no requirement of exhaustion of bcal appeals: provided, however. that notice of Coastal
Commission appeals shall be transmitted to the bcal appellate body (which considers appeals
from the local body that rendered the final decision), and the appeal to the Coastal Commis-
sion shall be suspended pending a decision on the merits by that local appellate body. If the
decision of the local appellate body modifies or reverses the previous decision, the Commis-
sioners shall be required to file a new appeal from that decision. (Ord. 3238 §2 (Exh. B),
2012; Ord. 2532. �992; Res. 11903, �985).
19.83.020 Appeal fee.
Repealed by Ord. 3238§2(Exh. C), 2012. (Ord. 2532, 1992; Res. 11903, 1985).
City of Chula Ysta September 2012
I Bayfront Specific Plan Ame1ded
27
Ordinance No. 3352
Page Ne� �3
Chapter 79.84
BAYFRONT SPECIFIC PLAN—LAND USE ZONES
Sections
19.84.001 Purpose and scope.
19.84.002 Commercial zones.
19.84.003 Industrial zones.
19.84.004 PubliGquasi-public and open space zones.
19.84.005 Residential zones.
19.84.006 Circulation and other designations.
19.84.001 Purpose and scope.
The Bayfront Specific Plan provides for the classification of land use and the regulation of devef-
opment by land use zoning and parcel. These classifications, zones, are depicted in Exhibit 5,
herein. Each zone contains a set of regulations setting forth the allowable uses and standards for
development within that district. This chapter provides the development standards relating to land
use activities for each zone. (Ord. 3238§ 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992).
19.84.OD2 Commercial zones.
A. Commercial—Visitor(C-�.
1. Purpose and Intent. The purpose of[he commercial—visitor zone is to provide regulations
of uses serving the needs of tourists, travelers, and local residents. The regulations of this
zone are designed to encourage the provision of transient housing facilities, restaurants,
service stations, and other activities providing for the convenience, welfare, or entertain-
ment of the traveler.
2. Permitted Uses. The following uses are permitted:
a. Hotels and inns;
b. Retail, including:
i. Restaurants with a cocktail lounge as an integral part;
ii. Art galleries;
iii. Stores and retail shops;
iv. Parking gareges;
v. Antique shops;
vi. Markets;
vii. Restaurants and snack bars; and
viii. Any other establishment serving visitors determined to be of the same general
character of the above-permitted uses;
a Commercial recreation, including:
i. Tennis clubs and facilities;
ii. HeaRh clubs;
iii. Sports and heaRh classes and clinics;
iv. Professional sports facilities;
v. Sports medicine facilities;
vi. Sports training facilities;
vii. Boat rentals and rentals of other water recreational items;
CiTy of Chula Vista September 2012
I Bayfront Specific Plan Amended
22
Ordinance No. 3352
Page No. 33
viii. Swimming and diving facilities; and
ix. Any other business or facility detertnined to be of the same generel character of
the above-pertnitted uses.
3. Conditionally Pertnitted Uses.Any of the above-permitted uses whose parking requirement
can only be met by shared parking may be pertnitted subject to approval of a cond'Rional
use pertnd.
4. Prohibited Uses.My of the above-pertnitted or conditionally permitted business or activity
that produces noise above 60 CNEL at the ex[erior boundaries of this zone.
8. Commercial—Thoroughiare(C-T).
1. Purpose and Intent. The purpose and intent oT the commercial —thoroughfare zone is to
provide regulations for areas adjacent to major public roadways where adivi[ies depend-
ent upon or catering to thoroughfare traTfic may be established and maintained. The regu-
lations of this zone are designed to encourege the centers for retail, commercial, e�ter-
tainment, automotive, and other appropriate highway-related activi[ies. In addition, in order
to promote high-priority visitor-serving uses, wmmercial retail and restaurant uses orient-
ed towards tourist or visitor uses are also permitted in the commercial—thoroughfare land
use designation.
2. Pertnitted Uses. The following uses are permitted:
a. Food sales commercial;
b. Convenience sales and service commercial;
c. Trensient habitation commercial;
d. Automotive servicing commercial;
e. Automotive repair and cleaning commercial;
f. Automotive fee parking commercial;
g. Group assembly commercial;
h. Parking services civic;
i. Communiry assembly civic;
j. Administrative civic; and
k. Utility and vehicular civic.
C. Commercial—Professional and Administrative(C-P).
1. Purpose and Intent. The purpose and intent of the commercial—professional and adminis-
Vative zone is to provide regulations for development of professional and administrative
office uses. The regulations of this zone are designed to promote a suitable environment
for business administration, and professional and govemment activities.
City of Chula Ysta SeptemCer 2012
IBay(ront Specific Plan Amended
23
Ordinance No. 3352
Page *�e. ��l
2. Permitted Uses. The following uses are permitted:
a. Administrative and executive offices;
b. Professional offices;
c. Financial offices, including banks, real estate, and other general business offices;
d. Medical care facilities;
e. Research o�ces;
f. General business o�ces;
I g. Fire stations;
h. Commercial — uo to 120.000 sa. ft. of retail commercial shall be allowed on Parcel 2-h:
and
� hi. Any other office use determined to be of the same general character of the above-
permitted uses. (Ord. 3238 §2 (Exh. B, C), 2012; Ord. 2613, 1994; Ord. 2532, 1992).
19.84.0031ndustrialzones.
A. Industrial—Research and Limited Industrial (I-R).
1. Purpose and Intent. The purpose and intent of the industrial — research and limited indus-
trial zone is to provide regulations for the development and protection of modem, large-
scale research and specialized manufacturing organizations of a non-nuisance type. These
regulations are also designed to provide for the creation of areas for IimRed industrial de-
velopment by providing an environment free from nuisances created by some industrial us-
es.
2. Pertnitted Uses. The following uses are permitted:
a. Administrative commercial;
6. Food service commercial;
c. Convenience sales and service commercial;
d. Business and communication service commercial;
e. Retail business supply commercial;
f. Research development commercial;
g. Automotive fee parking commercial;
h. Custom industrial;
i. Essential service civic;
Ciry of Chula Vista September 2012
IBayfront Specific Plan Amended
24
Ordinance No. 3352
Page No. 35
j. Parking service civic; and
k. Community assembly civic.
8. Industrial—General (I-G).
1. Purpose and Intent. The purpose and intent of the industrial — general zone is to pravide
regulations for areas designated for the exclusive use of industrial development. This de-
velopment will be subject to the necessary regulations to ensure [he purity of the airs and
waters in Chula Vista and San Diego County, and the protection of nearby residential,
commercial, and industrial uses of the land from hazards, noise, and other disturbances.
2. Pertnitted Uses. The following uses are permitted:
a. Food service commercial;
b. Convenience sales and sennce commercial;
c. Business and communication service commercial;
d. Retail business supply commercial;
e. Research and development commercial;
f. General wholesale sales commercial;
g. Transportation and warehousing commercial;
h. Automotive fee parking commercial;
i. Custom indusVial;
j. Light industrial;
k. General industrial; and
I. Essential service civic.
3. Cond'Rionally Permitted Uses. The following uses may be allowed subject to the approval of
a condRional use permd:
a. Automotive sales (new), rental and delivery, and accessory commercial activities;
b. Automotive servicing commercial activi[ies;
c. Automotive repair and cleaning commercial adivities;
d. Boat sales or rental commercial adivities;
e. Boat servicing commercial activities;
f. Educational services commercial adivities; and
g. Child-care activities.
City of Chula Yista September 2012
I Bayhont Speafic Plan M�enAed
25
I
Ordinance No. 3352
Page T�3e 36
C. Limited Industrial (I—L).
1. For Parcel Area 3-k refer to Chapter 19.44 CVMC. (Ord. 3238 §2 (Exh. B, C), 2012; Ord.
2545§ 1, 1993; Ord. 2532, 1992).
79.84.004 Public/quasi-public and open space zones.
A. Public and Quasi-Public(P-Q).
1. Purpose and Intent. The purpose and intent of the pu6lic and open space — public and
quasi-public zone is to provide regulations for uses in appropriate locations that are main-
tained by public or publicly controlled agencies such as municipal and/or county agencies,
school districts, or utility companies (e.g., water, gas, electricity, fire station, etc.).
2. Permitted Uses. The following uses are permitted:
a. Parking services civic;
6. Fire station;
c. Automotive fee parking commercial; and
d. Utility trensmission systems.
B. Parks and Recreation (P-R)
1. Purpose and Intent. The purpose and intent of the public and open space—parks and rec-
reation category is to provide regulations for public spaces for recreational activities, open
air meeting places, and other outdoor activities.
2. Pertnitted Uses. The following uses are permitted:
a. Public parks and facilities to serve park users; and
6. Public parking.
C. Open Space (O-S). All parcels designated as open space shall be permitted to accommodate
the restoration or enhancement of wetlands and other existing natural conditions, with devel-
opment or construction limited to the existing Chula Vista Nature Center or its expansion, with-
in the Sweetwater Marsh National Wildlife Refuge. All other uses or activities within this zone
shall be to preserve natural resources and habitat value. (Ord. 3238 §2 (Exh. B), 2012; Ord.
2532, 1992).
19.84.005 Residential zones.
A. Residential—Mixed Harbor District (R-MH).
1. Purpose and Intent. The purpose and intent of the residential — mixed harbor zone is to
provide appropriate locations for a mix of mid-rise and high-rise residential towers in the
Harbor District. "Mid-rise development" is defined as four- to seven-story buildings. "High-
rise development" is defined as eight-story and above 6uildings. All mid- and high-rise
buildings include muttiple-family condominium style residences and central garage struc-
City of Chula Yista September 2012
IBayfront Specific Plan Amended
26
Ordinance No. 3352
Page No. 37
tures. Residential uses include muttiple-family dwellings in clusters of varying size and con-
figuration to provide a range of housing types. Retail uses shall be located at the street lev-
el to create a village atmosphere and pedestnan onentation.
2. Permitted Uses. The following uses are permitted:
a. Dwellings, multiple, mid-rise;
b. Dwellings, multiple, high-rise;
a Short-term vacation rentals;
d. Retail commercial uses at sVeet level:
e. Incidental services, such as restaurants, reWil sales, f�tness clubs, and other such ser-
vices, provided such activities are conduded in spaces that are integral parts of a main
building;
f. Prniate, noncommercial recreational facilities, such as swimming pools, tennis courts,
and clubhouses (for additional provisions, see CVMC 19.58.100 and 19.58.270);
g. Day carelnursery facilities; and
h. Accessory uses and buildings including:
i. Customary incidental home occupations, subject to the provisions of CVMC
19.14.490;
ii. Other accessory uses and accessory buildings customarily appurtenant to a permd-
ted use, subject to the provisions of CVMC 19.58.020:
iii. Full-time foster homes as defined in CVMC 19.04.098;
iv. Satellite dish antennas per the provisions of CVMC 1922.030(F).
3. Conddionally Permitted Uses. The following uses may be allowed subject to the approval of
a conditional use permit:
a. Commercial parking garages and off-street parking lots, in accordance with the provi-
sions of CVMC 19.62.D1 D through 19.62.130;
b. Unclass�ed uses; see Chapter 19.54 CVMC; and
c. Small family day care homes, as d�ned in CVMC 19.04.095. (Ord. 3238 §2 (Exh. B,
C), 2012; Ord. 2532, 1992).
19.84.006 Circulation and other designations.
All lands in Exhibi[5, Zoning Map, indicated as "Circulation and Other are for those uses associ-
ated with major circulation elements, including Interstate 5, Bay Boulevard, and the reilroad
easement. (Ord. 3238§ 2 (Exh. B), 2012: Ord. 2532, 1992. Formerty 19.84.007).
Clty of Chula Vista September 2012
I Bayhont Specific Plan Amended
27
Ordinance No. 3352
Page Ne 38
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City of Chula Ysta September 2012
IBayfront Specific Plan Amended
28
Ordinance No. 3352
Page No. 39
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(Ord. 3238 §2 (Exh. B), 2072).
City of Chula Y�sta September 2012
IBayfront Specific Plan Amended
29
Ordinance No. i352
Page Ne 1l0
APPENDIX A
USE CLASSIFICATION SYSTEM—ADMINISTRATIVE GUIDELINES
The following listing is presented as an illustrative guide to the application of the use classfica-
tions. However, these are for administrative guidance only, and in the event that there is a conflict
between an appropriate application of the use classification description in the text of this Specific
Plan and the strict application of a common name, the former shall apply.
RESI�ENTIAL
Family
Dwellings, muttiple
Dwellings, single-family
Dwellings, two-family
Group
Apartment hotels
Dwellings, muRiple
Dwellings, single-family
Dwellings, two-family
Group Care
Children, boarding of(not greater than eight)
Convalescent homes (intertnediate care only)
Dwellings, multiple
Dwellings, single-family
Dwellings, two-family
Family care homes (not greater than eight)
Foster homes (not greater than eight)
Group homes (not greater than eight)
Nurseries(not greater than eight)
Nursing homes (intermediate care only)
Orphanages
Resident care facilities (not greater than eight)
Rest homes (intermediate care only)
COMMERCIAL
Food Sales
Bakeries
Butcher shops
Candy stores
Cheese shops
Dairy stores
�elicatessens
Oonut shops
Fish and seafood markets
Food catering (re[ail)
Fruit and vegetable markets
Grocery stores
Health food stores
Ice, sales
Liquor stores
Ciry ot Chula Vista September 2012
IBayfront Specific Plan Amended
30
Ordinance No. 3352
Page No. 41
Markets, retail
Food Service
8ars
Cabarets
Coffee shops
Delicatessens
Nightclubs
Parlors, frozen custard�ce cream
Refreshment stands
Restaurants
Shortorder eating places
Snack bars
Take-out restaurants
Tavems
Medical Service
Acupuncture services
Blood banks
Chiropodist offices
Chiropredor offices
Dental�ces, clinics or laboratories
Dietician and nuVitionist offices and clinics
Group medical ce�ters
Health maintenance organizations
Home heaRh and nursing agencies
Laboratories, biochemical, dental, medical, optometrical and X-ray
Medical oifices, clinics or laboratories
Medical testing and analysis services
Optometric offices, clinics and centers
Podiatrist offices
Psychiatrist ofFices and clinics
Psychobgist o�ces and clinics
Psychotherapist o�ces and clinics
Generel Retail Sales
Air wnd'Rioning (auto)
Aircraft equipment, parts and supplies
Antique stores
Apparel and accessories stores
Applfance stores
Art equipment and supplies
Art galleries, commercial
Athletic goods stares
Auction rooms, public
Auto parts(tools)
Auto upholstery
Bait and tackle (live)
Bicycle stores
Bookstores
Camera and photographic supplies
Candle shops
China or glassware shops
CRy of Chula Ysta September 2012
I Bayfront Spedfic Plan AmeMed
31
Ordinance No. 3352
Page ?�1e�112
Cigars and cigarettes
Cosmetics shops
Costume shops, including repair, limited as to floor area
Department stores
Discount department stores
Drapery and curtain shops
Drugstores
Dry goods (yarn, fabrics, etc.)
Fixtures
Floor coverings (carpet, rug, linoleum, etc.)
Flower stores and plant shops
Furniture and home appliances
Furriers and fur apparel
Gifts, novelties, and souvenirs
Gourtnetshops
Greeting card shops i
Hardware stores �
Hearing aid supply shops j
Hob6y supplies !
Intenor decorating I
Jewelry stores
Landscape supplies and equipment
Lawn care products and garden supplies �
Leathergoods
Linen shops
Luggage stores ;
Magazine stores or stands '
Mail order houses
Marine crafts and accessories
Medical appliances
Metalware shops
Millinery shops
Manuments
MufFlers
Newsstands
NoveRy shops
Nurseries, retail
Optical goods
Orthapedic stares
Paint stores
Parts for motorcycles, campers and trailers
Pet supply stores
Piano stores
Picture frames
Plant shops
Plumbing
Radios
Record and sheet music shops
Rubber stamp stores
Sewing machines
Shoe stores
Spice shops
Sporting goods stores
City of Chula Ysta September 2012
IBayfront Specific Plan Amended
32
�
Ordinance No. 33�?
Page No. 43
' Stamp and coin collectors
Stationery and supplies
Stereos
Sundries
Super drugstores with variety goods
Surgiwl supplies
Televisions
Tires and tubes
Tobacco stores
Toiletry stores
Trophy stores
Toy stores
Uniforms
Upholstery shops
Variety stores
Watch or clodc stores
Wigs
Window shades, awnings
Generel Personal Service
Apparel laundering and dry cleaning
Art studios
Babysitting services
Barbershops
Beauty shops
Body-building studios
Corcespondence schools
Dance studios
Dog grooming
Drama studios
Driving schools
Dry cleaning, pick-up stations
Income tax services
Maid and butler services
Photo-finishing
Photography studios
Weight clinics
Reducing salons
Schools
Service organizations
Shceshine stands
Tailors (atterations and restyling)
TheaVical agencies
Ticket sales offices
Travel bureaus
Consu Itative/Financial
Advertising consufting
Architectural services
Attomeys
Banks
Business wnsulting and research
Check-cashing agencies
Ciry of Chula Visfa September 2012
� I Bayfront Spedfic Plan Amended
33
Ordinance No. 3352
Page Ne da
Clearinghouses
Commodity 6rokerages
Consultants
Credd institutions
Currency exchanges
Designers
Economic consuRing and research
Educational consuRing and research
Engineering and surveying
Escrow services
Farm management offices
Holding and investment services
Hospital insurance organizations
Insurance companies
Landscape architects
Lending institutions
Management consuttants
Medical insurance organizations
Mortgage loan offices
PropeRy management o�ces
Real estate offices
Safety deposit companies
Savings and loan associations
Securities brokerages
Security and commodity exchanges
Stock and bond brokerage offices
Title abstracting services
Consumer Laundry and Repair Service
Apparel repairs
Bicycle repairs
Camera repairs
Carpet cleaning firtns
Diaper services
Drape cleaning
Dry cleaners
Dyeing establishments
Electrical appliance repairs
Fix-it shops
Fumiture repairs and cleaning
Fur repairs and storage
Hat repairs
Institutional and commercial linen supply firms
Jewelry repairs
Laundries and laundromats
Laundry services
Lawnmower and tool sharpening and repairs
Leather item repairs
Piano tuning and repairs
Plating (small household items only)
Radio and television repairs
Rug cleaning establishments
Saw, knffe, lawnmower and tool sharpening and repairs
Ciry of Chula Ysta September 2012
I Bayfront Specific Plan Amended
34
Ordinance No. 3352
Page No. 45
SeH-service laundries or dry cleaners
Shoe repairs
Uniform renting and cleaning esta6lishments
Upholstery shops
Watch and clock repairs
Welding (small articles)
Group Assembly
Amateur baseball fields
Amphi[heaters
Archery ranges
Arenas, sports
Auditariums
Ballrooms
Boat rentals
Bowling alleys
Clubs
Commercial spoR and recreational enterprises
Exhibition halls
Fishing areas
Gem hunts
Golf driving ranges
Gun and rifle ranges
Heal[h clubs and spas
Legitimate theaters
LRtle League, organized baseball, permanent bleachers
Meeting halls for rent
Miniature goH
Motion picture theaters
Nature reserves
Nature resorts
Picnicking areas
Riding and hunting areas
Rodeo arenas
Skating rinks
Skating rinks (with seating areas)
Skiing
Spectator spoRS facilities
SpoR fishing
Stadiums
Swimming beaches
Swimming pools
Table tennis halls
Tennis courts
Tennis courts(permanent bleachers)
Theaters (motion pidure, legitimate)
Trap and skeet renges
Water sports
Wildlrfe areas
Yacht basins
Administrative
Accounting and audRing services
City of Chula Yista September 2012
I Bayfront Speafic Plan Amended
35
Ordinance No. 3352
Page Ne 116
Administrative o�ces
Business organizations, offices
Contractors, offices only
Organizations, civic, labor, political, veterans, welfare and charitable services (offices only)
Professional organizations, offices
Public utility corporation offices
Telegraph offices
Telephone company o�ces
Business and Communication Services
Addressing and mailing services
Advertising services (outdoor or aerial)
Assaying services
Bookkeeping services
Cleriwl services
Commercial photography(aerial and map service)
Commercial testing laboratories
Common carriers
Data processing
Drafting studios
Employment agencies
Inventory services
Messenger services
Microfilming services
Minor processing services
Mutticopy and blueprint services
Protective agencies
Radio studios
Safe repair shops
Secretarial and stenographic services
Telecommunications services
Telegraph service centers
Telephone answering services
Telephone service centers
Television studios
Retail Business Supply
Barber equipment and supply firms
Dental equipment supply and service firms
Drafting supply firtns
Engineering supply f rtns
Equipment and supplies for service establishments
Hospital equipment and service firms
Hotel or oifice equipment supply and service firms
Laboratory equipment supply firtns
Nursery equipment supply firms
Offce equipment and supply firms
Offce equipment repair shops
Optical equipment and supply firms
Professional equipment and supply firms
Research instruments supply and service firtns
Restaurant equipment and service firtns
Shoe repair equipment firms
Ciry of Chula Ysta September 2012
I6ayfront Specific Plan Amended
36
Ordinance No. 3352
Page No. 47
Undertakers'equipment and supply firtns
Research and Devdopment
Applied research
Electronics research
Industrial research
Laboratory research, experimental or testing
Medicalresearchlaboratories
Oceanogrephic research
Pharmaceutical research
Scien�c laboretories
Space research and development
Tech n ical laboratories
General Wholesale Sales
Markets, wholesale
Wholesale distributors
Whalesale establishmeMs
Wholesale o�ces or showrooms
ConsVuction Sales and Services
Air condRioning equipment
Building contractors
Building maintenance materials
Building materials (tile, cement,fencing, roofing materials, etc.)
Burglar alartn systems
Carpenters
Concrete services
Contradors' equipment storege yard
Ditching services
Electrical contractors
Electrical supplies
Explosive contrectors (not storage of explosives)
Fire fighting equipment and supplies
Fixture sales(wholesale)
Floor covering installations
Glass and glazing contredors
Glass sales
Hardware sales (whdesale)
Heating and air condi[ioning contractors
Heating equipment
House or building wreckers or movers
Jandorial supplies
Lumber(sales, yards, etcJ
Metal works contrectors
Omamental ironworks
Painting contradors
Paint sales (wholesale)
Paving contractors
Plumbing equipment
Remodeling contractors
Roofing contractors
Sheet metal contractors
City of Chula Yista September 2012
I Bayfront Spedfic Plan NnenCed
37
Ordinance No. 3352
Page �.e--48
Sprinkler and landscaping contractors
Swimming pool equipment and supplies
Swimming pool installation and services
Tools, rentals or sales
Wallpaper sales and services
Water well drilling
Trensient Habitation
Boatels
Group camps(overnight)
Health resorts
Hotels
Motels
Motor lodges
Recreational vehicle parks i�
Resort hotels I
Resort and recreation facilities
Retreat houses
Tourist cabins
Trailer round-ups
Travel [railer parks
�
Automotive Sales, Rental and Delivery I
Agricultural equipment dealers I
Bus sales
Camp trailers, sales or rentals
Construction material and delivery
Farm equipment dealers
Firewood or fuel delivery
Forklifts, sales or rentals
Garden supplies delivery
Heavy construction equipment, sales or rentals
Mail order houses
Mo6ilehomes, sales
Motor homes, sales or rentals
Tractors and equipment dealers
Trailers, sales or rentals
Trucks, sales or rentals
Water delivery
Automotive Servicing
Automotive service stations
Automotive supply stores
Tire stores
Automotive Repair and Cleaning
Aircraft service and maintenance
Auto air conditioning equipment, installation and services
Auto alignment services
Auto electrical services
Auto glass, installation and services
Auto laundries
Auto mufflers, installation and services
City of Chula Vista September 2012
IBaytront Specific Plan Amended
38
Ordinance No. 335'_
Page No. 49
Au[o repair garages
Au[o tires, insWllation and services
Au[o upholstery, installation and services
Body and paint shops
Car washes
Motor freight maintenance garages
Motorcydelmotor scooter repairs
Recreational vehicle repairs
Steam Geaning, automotive
Towing services (no storage)
Trudc equipment and parts, installation and services
Trudc, painting and lettering
Trudc, repairs and services
Trudc, washing
Automotive Fee Parking
Auto parking lots
Auto s[orage lots
Garages, parking
Off-street parking
Boat Sales or RenWl
Boat sales
Boat rental
Ship chandleries
Boat Servicing
Boat repairs, servicing or cleaning
Boat works or yards
Drydocks
Maritime centers
Ship chandleries
Animal 5ales
Animal auctions
Animal sales yards
Livestock auction yards
Stodcyards
Animal Services
Animal hospitals (large animals)
Animal hospitals (small animals)
Boarding kennels
Dog bathing
Dog clipping
Dog training services
Dog and cat hospitals
Guard dog treining
Horse training services
Pet clinics
Pet grooming
Pet motNs
Public conals
CRy of Chula Ysta September 2012
I Bayhont Spedfic Plan Amended
39
Ordinance No. 3352
Page Tio �0
Public stables
Riding clubs
Veterinary hospitals (large animals)
Veterinary hospitals (small animals)
Transport and Warehousing
Auto storage garages
�istributing plants
Freight handling
Moving and storage firms
Parcel delivery truck fleets
Private storage
Public warehouses
Refrigerated warehouses
Storage yards
Storage, cold and food
Trucking terminals
Warehouses
Athletic and Recreational
Commercial sport and recreational enterprises
Golf driving ranges
Batting cages
Open space areas (of an active use)
Recreational centers
8uilding Maintenance Services
Disinfecting and/or e�Rerminating services
Gardeners (landscape maintenance)
Janitorial services
Maintenance and custodial services
Sewer and drain c�eaning
Sweeping services
Window cleaning services
Funeral and Intertnent Services
Cinerariums
Columbariums
Crematories
Crematoriums
Funeral parlors
Mausoleums
Mortuaries
Undertaking establishments
Educational Services
Colleges and universities
Trade, vocational and technical schools
AGRICULTURAL
Plant Nurseries
Floricuttural stock
City of Chula vsta September 20�2
I Bayfront Specific Plan Amended
40
Ordinance t�o. 33�2
Page No. 51
Flowers, commercial cut and decorative
Herb growing
HorticuRural stodc
Mushroom growing
Nurseries, wholesale or retail
Potted plant growing
Sod and grass
Crop Raising
Alfalfa
Benies
Citrus fruit trees or bushes, wtton
Field and seed crops
Frud trees
Grain
Hay(includes alfalfa)
Melons
Nut trees
Tobacco
Trudc crops
Vegetables
Ynes (grapes, etc.)
Small Animal Raising
Chinchillas
Hamsters
Poultry
Rabbds
Turkeys
Large or Specialty Animal Raising
Amphibians
Apiaries
Aviaries
Bears
Beef cattle
Birds
Bovine animals
Buffalo
Cougars
Dairies
Feed bts
Fish
Foxes
Goats
Hogranches
Horse ranches
Insects
Lions
Monkeys
Mountain lions
Ocebts
Pig farms
CAy of Chula Ysta September 2012
IBayfront Spedfic Plan Arnanded
41
�
Ordinance No. 3352
Page Na ;�
Sheep
Skunks
Snakes, venomous, or dangerous swine
Tigers
Wildcats
Wortn farms
2oos, private
Agricultural Packing and Processing
Contract sorting, grading and packaging
Egg processing
Fisheries
Flower packing
Grain cleaning
Milking
Nut shelling and cooking
Sheep shearing
Agricultural Supplies and Services
Crop dusting
Farm advisory
Feed and grain
Fertilizers
Harvesting services and equipment storage
Hay
Pesticides and herbicides
Tree senrices
Weed control
CIVIC
Essential Service
Electric distribution lines and poles
Gas distrihution lines
Open space (of a passive use)
Parks, public (passive use only)
Sewer collection lines
Storm drainage collection lines
Telephone distribution lines and poles
Water distribution lines
Limited Child Care
Public day care centers (for eight or fewer children)
Public nurseries (for eight or fewer children)
Child Care
Day/night child-care centers (for more than eight children)
Child nursenes (for more than eight children)
Community Assembly
Amusement parks
Aquariums
Auditoriums
City of Chula Vista September 2012
I Bayfront Specific Plan Amended
42
Ordinance No. 3352
Page No. 53
Bandstands (public)
Birth control clinics
Botanical gardens
Camping areas(nonprofit)
Camivals
Churches
Circuses
Community centers
Community heatth dinics
Convalescent hospitals
Exhibdion halls
Extended care facilkies
Fairgrounds
Golf courses
Historic sites
Hospitals
Marinas(puhlic)
Meeting halls
Monument sdes
Neighborhood centers
Nursing hanes
Open space areas(of an adive use)
Parks
Picnicking areas(public)
Places of worship
Playgrounds and playing fields(of an active outdoor use)
Public health services
Reueation centers
Refreshment buildings (in public parks, playgrounds or goH courses)
Religious assemWy
Religious complexes
Religious reading rooms
Sport fishing (public)
Sports arenas (public)
Stadiums
Swimming beaches or pools(public)
Synagogues
Temples
Universities
Zoological gardens
Nonassembly, Culturel
Art galieries
Libraries (nonprofit)
Pnvate museums
Communiry Education
Colleges
Correspondence schools (public)
Elementary schools
High schools Qunior or senior)
Junior colleges
Juniw high schools
Cily of Chula V�sta SepLember 2012
I Baytront Specific Plan Nnended
43
Ordinance No. 3352
Page I3e 54
Military academies
Schools (elementary, and junior and senior high)
Schools for the handicapped (including the 61ind)
Senior high schools
Nonassembly, Scientific
Observatories
Planetariums
Administretive
Civic centers
Gavernment centers
Govemment oKce buildings
Parking
Public parking garages
Public parking lo[s
Utility and Vehicular
Airports
Bus stations(passenger or freight)
Cinerariums
Columbariums
Communication equipment installations and exchanges
Community antenna television systems
Corporation yards (public or public utility)
Electric transmission lines
Electrical substations
Fire stations
Funeral parlors
Gas substations
Heliports and helistops
Mail processing centers(major)
Mortuaries
Police stations
Post affices
Power plants (steam or fossil)
Pumping stations (sewage orwater)
Radio transmission facilities (including booster and relay)
Rail stations(passenger or freight)
Reservoirs (water)
Service buildings (in public parks, playgrounds or golf courses)
Telephone exchange or switching facildies
Television transmission facilities(including booster and relay)
Transportation terminals
Undertaking establishments
Water tanks
Water treatment facilities
(Ord. 3238§2 (Exh. B), 2012
City of Chula Vista September 2012
I Bayfront Specific Plan Amended
44
Ordinance'ro. 33�3
Page tio. ��
CHAPTER 19.85
BAYFRONT SPECIFIC PLAN —DEVELOPMENT CRITERIA
Sections:
19.85.001 Purpose and scope.
19.85.002 Permitted uses.
19.85.003 Development intensity.
19.85.004 Height regulations.
19.85.005 Sign regulations.
19.85.006 Form and appearence.
19.85.007 I nfrastructure.
19.85.008 Parking requirements.
19.85.009 Usa61e open space standards.
19.85.010 Site development standards.
19.85.011 Grading and drainage.
19.85.012 Special cond'Rions.
19.85.001 Puryose and scope.
This chapter of the Bayfront Specific Plan provides development cri[eria wdhin the Bayfront Plan-
ning Area. Special cond'Rions are located at the end of the chapter in CVMC 19.85.012. (Ord.
3238§2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992).
19.85.002 Permitted uses.
Permitted uses for each land use distrid are listed in Chapter 19.84 CVMC, Land Use Zones.
(Ord. 3238§2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992).
19.85.003 Development intensity.
The development intensity is established hy using a floor area ratia (FAR) calculffied as set forth
m CVMC 19.04.097, a specific maximum square footage allowance, or through a combination of
setback and heigM controls, depending on the land use. Following are the applicable develop-
ment intensities for each land use category:
A. Industrial Land Use.
1. Industrial—General (I-G).
a. Maximum FAR 0.5.
2. IndusVial—Research and Limited Industrial (I-R).
a. Maximum FAR 0.5.
3. Limited IndusVial (I-L).
a. Refer to the Chula Vista Zoning Code, CVMC 19.44.D80.
City of Chula Vista Sepoemher 2012
I Bayhont Speafic Plan lunended
45
Ordinance No. 3352
Page No t6
B. Commercial Land Use.
1. Commercial—Visitor(C-�.
a. See CVMC 19.65.012 for Special Condition B pertaining to Parcel Area 3a, as depicted
on Exhibit 5.
6. See CVMC 19.85.0�2 for Special Condition D pertaining to Parcel Area 2-h, as depicted
on Exhibit 5.
2. Commercial—Thoroughfare(C-T).
a. Maximum development intensity is established by the height regulations listed in Table 1
of CVMC 19.85.004 and site development standards detailed in CVMC 19.85.010.
3. Commercial—Professional and Administrative (C-P).
a. See CVMC 19.85.012, Special Conditions A and D, for commercial — professional and
administrative land use special conditions.
b. Development intensity for commercial—professional and administrative Parcel Area 1-a,
as depicted on Exhibit 5, is determined by height regulations and site development
standards.
C. Residential Land Use.
1. Residential—Mixed Harbor District(R-MH).
a. Residential development within the R-MH zoning shall consist of a mix of mid-rise and
high-rise development with a maximum development intensity of 105 dwelling units per
acre.
2. Building height within the R-MH zoning shall range from four to 19 stories and a maximum
of 200 feet.
a. Retail use on Parcel Area 2-f, as depicted on Exhibit 5, shall not exceed 15,D00 square
feet. (Ord. 3238 §2 (Exh. B, C), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Ord. 2168§ 1,
1986; Res. 11903, �985).
19.85.004 Height regulations.
A. U.S. Fish and Wildlife Service. The U.S. Fish and Wildlife Service (USFWS) parcel in the
Sweetwater District is permitted a viewing tower in the Chula Vista Nature Center of up to 45
feet in height.
B. National Wildl'rfe Refuge Buffers. Nohvithstanding the height limits described in subsection (A)
of this section, the following height restrictions shall be enforced according to proximity to the
USFWS property line west of the San Diego Gas and Electric(SDGBE) right-of-way (ROW):
1. Parcel Areas. Maximum building heights and associated parcel areas are summarized in
Table 1 below.
Ciry of Chula Ysta September 2012
IBayfront Specific Plan qmended
46
Ordinance No. 33�2
Page No. 57
Ta61e 1: Building Height Limits by Parcel
Area
Parcel Area Mauimum Building Height from
Pad (feet)'
1-a 44
1-b 35
1-c 35
1-d 35
1-e 35
1-f 30
�-g' 0
1-h 44
1-i 44
2-a D
2-b2 44—95
2� 44
2-d 44
2-e 44
2-f 200
Zy3 3�5
2-h' 140
3-a' 305
3-b 44
3-c 44
3-d 44
3-e 44
3-f 44
3-9 4A
3h 44
3-i 44
� 3-1 �1
� 3-k 45
� 3� 44
Cily of Chula Yista Seprember 2012
IBayfront Specific Plan AmerWed
47
�
�
Ordinance No. 3352
Page Ne �8
' M heghts as measured irom finished grade.Building pads shall not be raised from ezisting grede more than eightfeet.
Notes:
P ra cel Area 1-g is zoned open space; therefore, the building height limit is zero feet.
2 See CVMC 19.85.012, Special Condition A.
' See CVMC 19.85.0�2, Special Conddion B.
" See CVMC 19.85.012, Special Conditions D and E.
5 Height limit is a maximum of 30 Teet or no higher than the elevation of I-5 from the J Street
Overpass adjacent to the site to maintain existing public views toward the Bay over any struc-
ture.
(Ord. 3238 §2 (Exh. B, C), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 13957, 1989; Ord.
2168 § 1, 1966; Res. 1�903, 1985).
19.85.005 Sign regulations.
The size, location, and design of all signs in the LCP Planning Area shall be subject to the follow-
ing:
A. No ireestanding sign shall be greater than eight feet in height and signs shall be subject to the
regulations of Chapter 19.60 CVMC, Signs, incorporated herein by reference, unless modified
by the provisions of this Bayfront Spec�c Plan.
B. The following regulations shall apply:
1. Public Signs. ,
a. Street Name Signs. Street name signs shall have special mountings and frames to
identify streets as being a part of the new Bayfront community. The sign copy and con-
struction shall reflect a unified style and colors.
b. Diredional Signs. Oirectional signs at intersections will help establish gateways to the
redevelopment area and may include such generic information as convention center,
marina, special use park, wildlife refuge, etc., as necessary. Directional information for
private developments may be included as part of a sign program, subject to the review
and approval of the ina Administra-
tor. Information witl be clustered on one sign per intersection. Signs will have standard-
ized mountings and trim. Each sign location shall include specially designed landscaped
areas to create a setting.
c. Information Signs. Public information signs are designed for pu6lic facilities and ser-
vices such as parks, marshes and marinas. Trim and colors are to be unified with the
basic public sign theme.
d. Tra�c and Parking Control Signs. Traffic control and parking signs shall be designed
with standard copy faces and shall be trimmed in a manner consistent with Bayfront mo-
tif. Exact sizes and locations are required by state regulation.
2. Private Signs.
a. Hotel/Motel, RV Parks, Restaurants, and Retail-Commercial. Total copy area for all
identifcation signs combined shall be limited to not more than 50 square feet per parcel
(except additional signage for high- and mid-rise hotels is permitted per subsection
(B)(3)(e) of this sedion). Signs may be wall signs and/or ground signs. Ground signs
Ciry of Chula Vista September 2D12
I Bayfront Specific Plan Amended
48
' Ordinance No. 3352
Page No. 59
may be single- or double-faced but may not exceed eight feet in height. M add'Rional
changeable copy area of 25 square feet maximum shall be allowed for uses that include
entertainment or convention facilities. Changeable copy area shall be single-faced only.
b. Automotive Service. Service stations shall be allowed one iden�cation sign (non free-
way) per lot. Signs shall be ground signs or wall signs and shall have no more than 4D
square feet of copy area, six feet maximum height.
c. IndusVial and Office Uses. Industrial or office uses shall be allowed one identification
sign per lot, visible fran the intemal street. Signs shall not exceed 40 square feet in area
or six feet maximum in height. Total sign area may include a directory or tenant listing if
the project is multi-tenant.
3. Special Private Signs.
a. Commercial Uses Adjacent to Freeway. Commercial uses with freeway exposure shall
be allowed either wall signs or mo�ument signs with name andlor logo. If the business
logo is well established as an identity mark, then use of logo abne is preferable. Each
lot may have two wall signs a one ground sign only. Only one wall sign shall be visible
at a time. Maximum total copy area shall be 100 square feet. Ground signs may be dou-
bled-faced or parallel to the roadway and are intended to be low-profile monument signs
no greater than eight feet in height.
b. Automotive Service. Service stations with freeway exposure shall be allowed freeway
identfication signs. Sizes shall be as small as possible and still have freeway identiry, in
no case to exceed 50 square feet total sign area. Such signs shall be subject to review
� by the GYREZonina Adm�uatratar.
c. Comer Lots. The identfication allowance for sign development on comer lots may be
divided to provide for a sign on each frontage; however, the total allowance for both
signs combined is not to exceed 50 square feet.
d. MuRi-tenant Buildings or Complexes. Office, retail-commercial, and industrial uses that
are muR�tenant shall be allowed addi[ional tenant identification signs; each tenant shall
be allowed a maximum oi three square feet on or adjacent to the entry door. These ten-
ant signs shall be visible from on-sde parking and/or pedestrian walkways, but not in-
tended to be readable from public streets.
e. High-Rise Hotel Building Wall Signs. Hotel name signs shall be allowed on hotel build-
ings greater than eight stories in height. Two signs shall 6e allowed per building, 300
square feet maximum for each sign. Individual letters or logo only; maximum sign height
shall be seven feet. Sign design and lettering shall not permit perching by avian preda-
tors of the CaliFomia least tem, light-footed clapper rail, or Belding's savannah spartow.
f. Directional and Information Signs. These signs shall be directional in nature and shall
not be identfication signs. Their maximum height shall be four feet with four square feet
maximum copy area per side.
g. Special Event Signs (Temporary). Special events such as grand openings shall be al-
lowed temporary signs. Such signs shall be allowed in accordance with Chapter 19.60
CVMC.
City of Chula Vista September 2012
I Bayfront Spedfic Plan Mierded
49
Ordinance No. 3352
Page Ne. 69
h. Construction Signs (Temporary). Signs for owners, contractors and subcontractors, ar-
chitects, etc.. for new projects under construction shall be allowed in accordance with
Chapter 19.60 CVMC. (Ord. 3238 §2 (Exh. B, C), 2012; Ord. 2665, '1996; Ord. 2613,
1994; Ord. 2532, 1992; Res. 11903, 1985).
19.85.006 Fortn and appearence.
A. Form and Appearance Objectives. The following objectives shall serve as guidelines for use of
land and water resources to preserve a sound natural environment:
1. Preserve existing wetlands in a healthy state to ensure the aesthetic enjoyment of marshes
and the wildl'rfe that inhabits them.
2. Change the existing industrial image of the Bayfront and develop a new identity consonant i
wRh its future prominent public and commercial recreational role. �
3. Improve the visual quality of the shoreline by promoting public and private uses that pro-
vide proper restoration, landscaping, and maintenance of shoreline areas. �
4. Remove, or mitigate by landscaping, structures or conditions that have a blighting influence
on the area. '
5. Eliminate or reduce barners to linking the Bayfront to the rest of westem Chula Vista and �
establish a memorable relationship between the Bayfront (and the areas and elements that
comprise it) and adjoining areas of Chula Vista, the freeway, and arterial approaches to the
Bayfront(see Exhibit 6, Form and Appearance Map).
B. Specific Provisions. To promote these requirements, the form and appearance provisions of
the LUP acknowledge three major components that comprise the physical form of the area:
natural resources areas to be preserved; a public space and recreation system, including
walkways, bicycle ways, and park areas; and development units having common usage and/or
qualities, which should be treated as distinctive, but closely interrelated, visual entities.
1. Landscape Character and Function. Major landscape components shall establish strong
visual continuity in response to varied functional needs. Landscaping will incorporate both
hardscape features and softscape (planting).
2. Dense Landscape Planting. All areas designated for dense landscape planting shall include
dense planting of trees and shrubs to serve three purposes: diminish the visual impact of
large existing industrial structures, such as those of Goodrich and SDG&E's power plant
and transmission towers, and extensive parking areas and outdoor storage areas; define
major entry points to the Bayfront and frame views; and be used in masses as visual stop-
ping points to limit views and provide natural vertical elements. Heights of trees and shrubs
may be limited by USFWS requirements in areas near the wildl'rfe refuge.
The following standards shall guide dense landscape planting design:
Location Representative Characteristic
Bay Boulevard 40-to 60-foot height; upright fortn; evergreen
Existing pines and other trees shall be preserved to the maximum possible extent. Tree
plantings shall not encroach into identified view corridors.
City of Chula Vista September 2012
I Bayfront Specific Plan Amended
50
Ordinance 'Jo. 3352
Page No. 61
3. Special Area Planting. All areas zoned as publiGquasi-public (landscaped parking areas)
(Exhibit 5)shall include a planting program coordinated with parking improvements beneath
the power lines. The Port Master Plan and the Chula vsta Bayfront Master Plan also des-
ignate this ROW as a linear greenbeh. The 150-foot-wide ROW that transects the Bayfront
may include landscaped auto parking to diminish the visual impact of the power lines and
strengthen the ground plane connection between both sides of the ROW. SDGB�E criteria
will permit planting that can be kept not more than 15 feet high, thereby maintaining s�-
cient clearence at the lowest pant in the power line catenary. Planting in any parking areas
provided shall establish a dense ground plane massing of shrubs and short Vees to create
a grove effed that screens cars from view and ties together in a strong horizontal line an in-
tersecting mass ot foliage on either side of the ROW. Tree plantings shall not encroach into
identified view cortidors.
The following standards shall guide parking area planting design for all areas outside of
Subarea 1 —Sweetwater Distrid:
Location Representative Charecteristic
SDGBE ROW 10.to 1 Sfoot height; globular or mul[i-stem;
evergreen
4. Infortnal Groves. All areas designated for intormal planting shall consist of groves planted
with the same species in informal drifts to provide shade for recreational uses. The groves
shall be sited to avoid blodcing panoramic views to the wetlands and Bay. The following
standards shall guide informal grove design:
Location RepresenWtive Charecteristic
City Park 4a to 80-foot height; upright and open branching in
conVast with dense, veRical form; mixed
deciduous and evergreen
5. Fortnal Planting. Formal planting has been designated for the major circulation spines of
the Bayfront. The planting shall be in regularly spaced intervals using species wdh predid-
able form characteristics to achieve strong linear avenues that guide views and establish
perspective.
Location Representative Charederistic
Marina Parkway, 'E,"F,"H,' 40-to 60-foot height; crown-shaped form; evergreen
'J' Streets
6. BufFer Zone Planting. Buffer zone planting has been designated for streetscapes adjacent
to sensitive habitats and for transitional buHer zones between omamental planting areas
and sensitive habdats. Planting shall consist of native or naturalized non-invasive plant
species. The fdlowing standards shall guide buffer zone planting design:
Location RepresenWtive Characteristic
Adjacent to sensitive habitat Native shrubs, non-invasive species
Crty of Chula Vista SepLember 2012
� Bayfront Specific Plan AmerWed
51
�
Ordinance No. 3352
Page iso 62
Transitional buffer Native or naturalized shrubs, non-invasive species
7. Gateways. Special consideration shall be given at gateways (Exhibit 6) to roadway design,
including signing and lighting, landscaping and siting, and design of adjoining structures, to
allow for design treatment that conveys an entry character.
8. Architectural Edges. The development shall comply with the following conditions in the
specified areas as shown on Exhibit 6:
a. Habitat Protection. Structures shall be sited a sufficient distance from �atural habitat ar-
eas to protect the natural setting and prevent direct impacts to wildlife.
b. Pedestrian and Bicycle Access. Structures shall be sited at a sufficient distance from the
water's edge or marsh edge to allow for sidewalks and bicycle paths that ensure unen-
cumbered pedestrian and bicycle access to the waterfront and coastline.
c. Privacy. Strudures shall be designed so that the uses that take place in a strudure or
private space adjoining the structure do not detract from, or prevent appropnate public
use of, adjoining public open spaces. Reciprocally, the public areas shall be designed
and their use regulated in a manner that does not diminish the intended private use of
adjoining developed lands.
d. Firm Edges. Firm edges are required where a strong visual form, generally linear, is
necessary to provide either for a terminus of views in certain directions or a sense of en-
[ry or arrival. These edges should be formed by buildings, but they also may be
achieved by use of earth berms or mass plantings.
9. View Points. Development of the Bayfront shall ensure provision of three types of views:
a. Views from the freeway and major entry: ensure a pleasant view onto the site and es-
tablish a visual relationship with San Diego Bay, marshes, and Bay-related develop-
ment.
b. Views from roadways within the Bayfront (particularly from Marina Parkway to the
marshlands, San Diego Bay, parks, and other Bay-related development, street end
views of the Bay from D Street, E Street, F Street, L Street, and Palomar Street, and the
views of the Bay that will be created from the H Street corridor): locations shall preserve
a sense of proximity to the Bay and marshlands.
c. Views from the perimeters of the BayFront outward: views that are primarily pedestrian-
oriented, stationary, and more sustained should be experienced from parts of the open
space and pathway system and enable viewers to renew visual contact at close range
with the Bay and marshlands.
Cily of Chula Ysta September 2012
IBayfront Specific Plan Amended
52
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(Ord.3238§2(Exh.B,C).2012;OrC.2665, 1996;Ord.2532, 1992;Ord.2768§1, 1986:Res.11903, 1985)
City of Chula Vista September 2012
IBayfront SDecific Plan Amended
54
Ordinance No. 3352
Page No. 65
19.85.007 I nf roat ru ct u re.
A. Circulation Standards.
Primary Vehicular Circulation. The pnmary vehicular routes are identified as'Circulation and Oth-
er in Exhibit 5, Zoning Map, and in Etthibits 7a, 7b, and 7c, Circulation Maps. These wnsist of
Interstate 5, State Route 54, Bay Boulevard, Marina Parkway, E Street, F Street, H SVeet, J
SVeet, and three new proposed sVeets: Street A, Street B, and Street C. The filling of wetlands
for pnmary and intemal circulation roads under the control of the City is not permitted.
7. Intemal Vehicular Circulation. In[emal roadways shall be developed to the design and
construdion standards published by the Department of Engineering, City of Chula vsta.
2. PedesVian Route. The maja pedesVian routes shown in Exhibi[7b, Circulation Map, shall
be a minimum of six feet in width. The filling oi wetlands for pedestrian paths is not permit-
ted.
3. Bike Routes.
a. Bike Lane. A 6ike lane is a lane on the paved area of a street for preferential use by bi-
cycles. These lanes are used for regional bicycle routes. On-street parking, except for
emergency stopping, will not be permitted where bike lanes are designed. Bike lanes
shall be a minimum of five feet in width. The filling of wetlands for bike paths is not
pertn itted.
b. Bike Path. A bike path is used for off-sVeet Vavel by bicycles. These paths shall be a
minimum of eight feet in width. All proposed bicycle routes are shown in Exhibit 7c, Cir-
culation Map.
B. Utility Systems. Refer also to Exhibit 8.
1. General Policies.
a. Provide adequate sizing oi utility systems to ensure sufficient capacity for maximum
buildout potenGal of plan.
b. Protect existing sensi[ive natural resources irom adverse impads during construction.
Ciry af Chula Vista SepUember 2012
I Bayfront Specific Plan Nnended
55
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IBayfront Specific Plan Amended
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Ordinance No. 3352
Page Ne 7sl
19.85.008 Parking requirements.
A. General Requirements. The provisions of Chapter 19.62 CVMC shall be applicable to off-
street parking and loading areas in the Bayfront area. These provisions generally control con-
struction and development and design standards of off-street parking areas. The number of
spaces required for designated uses shall be that designated below. In the event that there is no
precise correspondence in the use classifications with the common names used in this section,
� the Director of eveboment Services shall have the authority to designate
the requirements, and the common names for proposed uses shall generally be deemed to con-
trol.
B. Vehicle Parking Standards.
1. Business and professional offices: one space per 300 square feet of floor area; minimum
of four spaces;
2. Dance, assembly, or exhibition halls without fixed seats: one space per 50 square feet of
floor area used for dancing or assembly;
3. Dwellings, muttiple: one space per studio, 1.5 spaces per one-bedroom unit; two spaces
per two-bedroom or larger unit;
4. Hotels, motels: one space for each living or sleeping unit, plus one space for every 25
rooms or portion thereof;
5. Manufacturing plants, research and testing laboratories: one space per 1.5 persons em-
ployed at any one time in the nortnal operation of the plant or one space per 800 square
feet of floor area, whichever is greater;
6. Medical and dental offices and clinics: one space per 200 square feet of floor area; mini-
mum of five spaces;
7. Public park/open space: one parking space for every 10,000 square feet of park or acces-
sible open space;
8. Restaurents, bars, and night clubs: one space per 2.5 permanent seats, excluding any
dance floor or assembly area without fixed seats, which shall be calculated separately at
one space per 50 square feet of floor area;
9. Restaurants— drive-in, snack stands, or fast-food: 15 spaces minimum, or one space per
2.5 permanent seats,whichever is greater;
tO.Retail stores: one space per 200 square feet of floor area;
11.Sports arenas, auditoriums, and theaters: one space per 3.5 seats of maximum seating
capacity;
12.Wholesale establishments, warehouses, and service and maintenance centers: one space
per 1.5 persons employed at any one time in the normal operation of the plant or one
space per 1,000 square feet of floor area, whichever is greater; and
13.Uses not listed: as required by Chula Vista Zoning Code.
City of Chula Vsta September 2012
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Ordinance No. 3352
Page No. 75
C. Bicycle Paricing Standards. Bicycle parking facilities shall also be provided for developed uses
according to the following schedule. Only those uses listed below are required to provide bicy-
cle parking. Bicycle parking facilities shall be fixed storage racks or devices designed to se-
cure the freme a�d wheel of the bicycle.
1. Business and professional offices (over 20,000 square feet of gross floor area): five spac-
es;
2. Shopping centers (over 50,000 square feet of gross floor area): one space per 33 automo-
bile spaces required;
3. Fast-food restau2nt, wifee shop, or delicatessen: five spaces;
4. Other eating and drinking establishments: Mro spaces;
5. Commercial recreation: one space per 33 automobile spaces required; and
6. Residential in harbor bicycle racks shall be provided for five percent of visdor motorized
vehicle parking capacity, with a minimum of one Mro-bike capacity rack.
D. Shared Parking. Where uses have predictable time cycle parking demands and where sup-
ported by appropriate traffiGparlcing studies, shared parking may be utilized as a means to re-
duce total parking lot area. The criteria and standards provided in shared parking published by
the Urban Land Institute should be utilized to assess parking needs and formulate shared
parking agreements. Any use that intends to meet its parking requirements using shared park-
ing shall be subject to the approval of a conditional use permit as provided for in Chapter
19.14 CVMC and shall be further guaranteed through the execution ot a deed restriction and a
long-tertn binding agreement. The approval of the conditional use pertnit may, among other
requirements. require a use, business, or activity to only operate within restrided hours.
E. Concealed Parking. Within Parcel Areas 2-f and 2-h of the LCP Planning Area, 75 percent of
the required parking shall be provided in subterranean or concealed parking structures. 'Con-
ceaied parking' is when the parked vehicles cannot be seen by the public using public streets,
bike lanes and paths, pedestrian walkways, public parks, and public access open spaces.
F. Landscaped Parking in SDG�E ROW. Any landscaped parking in the SDG&E ROW north of
'F' StreeVLagoon Drive (hereinafter referted to as 'F' Street) shall be available on weekends
and evenings for use by coastal visitors. The parking needed for visitors to the Chula Vista Na-
ture Center or for any park or public open space areas shall be provided in areas assigned
and exclusively reserved for such visitors. This restriction must be enforced during the operat-
ing hours oi the Chula Vista Nature Center and public parics. Parking for park and public open
space use shall be provided at the rate of one space per each 10,000 square feet oi park or
open space area, exGuding the National Wildlrfe Refuge. (Ord. 3238 §2 (Exh. B, C), 2012;
Ord. 2790, 1999; Ord. 2546, 1993; Ord. 2532, 1992; Ord. 2168§ 1, 1986; Res. 11903, 1985).
19.85.009 Uaable open space standards.
The following site development standards apply to residential land uses on Parcel Areas 2-f and
2-h:
A. Usable open space standards shall be:
Cily of Chula YsW Sepoember 2012
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Ordinance No. 3352
Page No 76
1. One hundred forty (140) square feet per dwelling unit. This standard is appropriate for a
highly urbanized environment and a redevelopment area. It is similar to, but even lower
than, the standard for the Chula Vista Urban Core Specific Plan. It is in keeping with similar
types of cities including Santa Barbara and Granville Island (a bayfront development in Brit-
ish Columbia). A total of five cities were surveyed and 140 sf/du is more conservative than
the standard in each of the others. The result of applying a standard of 140 square feet is
the elimination of the need for sound walls at[he ground plane. This will preserve view cor-
ridors.
2. Open space areas shall be any portion of a lot which has a minimum dimension of six feet,
and not less than 60 square feet in area, that is landscaped and/or developed for recrea-
tional and leisure use, and is conveniently located and accessible to all the units. The fol-
lowing areas shall contribute to a required open space:
a. Private baiconies and patios;
b. Roof areas designed and equipped to accommodate recreational and leisure activities; I
c. Recreation rooms. ',
3. The following areas shall not contnbute to required open space: '
a. Dnveways and parking areas;
b. Refuse storage areas;
c. Clothes-drying areas. (Ord. 3238§2 (Exh. B), 2012).
19.85.010 Site development standards.
The following site development standards apply to the specified land use unless a special condi-
tion has been established in CVMC 19.85.012, in which case the speciai cond'Rion overrides the
site development standards below:
A. Commercial—Thoroughfare(C-T).
1. Minimum lot area: S,D00 square feet;
2. Front yard setback: 10 feet;
3. Exterior side yard setbacks: zero feet; and
4. Rear yard setback: zero feet.
Development of land designated as commercial —thoroughfare is subject to the central commer-
cial zone with precise plan modifying distrid as described in Chapters 19.36 and 19.56 CVMC,
except as modified by this Specific Pian.
B. Commercial—Viskor(C-� (Except for Parcel Area 2-h, refer to Special Condition D in CVMC
19.85.0�2).
1. Minimum lot area: 20,000 square feet;
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Ordinance No. 3352
Page No. 77
2. Setbacks:
a. To all exterior boundaries: 20 feet minimum;
b. To interior boundaries that do not abut another land use: none;
3. Landscaping shall be required at a rate of�5 percent site coverege.
C. Commercial — Professional and Administretive (C-P) (Except for Parcel Area 2-b, reTer to
Special Cond'Rion A, and for Parcel Area 2-h refer to Special Condition D in CVMC
19.85.012).
1. Minimum lot area: 20,000 square feet;
2. Setbacks:
a. To all exterior boundaries: 20 feet minimum;
b. To interior boundaries that do not abut another land use: none;
3. Landscaping shall be required at a rate of 15 percent site coverage.
D. Industrial—General (I-G).
1. Minimum bt area: 20,000 square feet;
2. Front yard setback: 20 feet;
3. Exterior side yard setbacks: 15 feet;
4. Side yard setbacks: 20 feet; and
5. Rear yard setback: 20 feet.
6. Landscaping shall be required at a minimum rate of 75 percent site coverege.
E. Industrial—Research and Limi[ed (I-R).
1. Minimum lot area: 10,000 square feet;
2. Front yard seffiack: 30 feet;
3. Exterior side yard setbadcs: 15 feet;
4. Side yard setbacks: 20 feet; and
5. Rear yard setback: 20 feet.
6. Landscaping shall be required at a minimum rete of 15 percent site coverege.
Devebpment of land designated as industrial general is subject to[he I —general industrial zone,
Chapter 19.46 CVMC, except as modified by the provisions of this Specfic Plan.
City of Chula V�sta September 2012
� Bayfront Specific Plan AmerWan
67
Ordinance No. 3352
Page Ne 78
F. Limited Industrial (I-L).
1. For Parcel Area 3-k refer to the Chula Vista Zoning Code, CVMC 19.44.080.
G. Residential—Mixed Harbor District (R-MH) (Except for Parcel Area 2-f, refer to Special Condi-
tion E, in CVMC 19.85.012).
1. Setbacks for residential — mixed harbor district are zero feet on all sides from the parcel
boundary in order to achieve an urban street environment and provide the flexibility to max-
imize view corridors and public areas between buildings within the residential zone. The ar-
chitectural designs shall blend with the aesthetics of surrounding structures.
2. Landscaping shall be required at a rate of 15 percent site coverage. (Ord. 3236 § 2 (Exh.
B, C), 2012; Ord. 2532, 1992; Res. 11903, 1985. Formerly 19.85.009).
19.85.011Grading and drainage.
A. Special care shall be taken in development proposals adjacent to sensitive habitat to avoid or
minimize problems of siRing and oil or chemical leakage. Some diversion of water is necessary ,
and one or more desiRing/retention basins may be required in development projects to protect
and enhance the biological and water quality of the habitaL
B. All development for properties within the coas[al zone shall comply with the following require-
ments:
1. A grading plan that incorporates runoff and erosion control procedures to be utilized during
all phases of project development shall be prepared and submitted concurrently with subdi-
vision improvement plans or planned unit development plans where such development is
proposed to occur on lands that will be graded or filled. Such a plan shall be prepared by a
registered civil engineer and shall be designed to ensure that runoff rates will be controlled
to minimize the potential for sikation in wetlands. The erosion control measures and hydrol-
ogy calculations shall be based on the six-hour, 10-year design storm, or on the stortn in-
tensi[y designated in the subdivision manual, in the event that the subdivision manual re-
quirement is more stringent. Runoff control shall be accomplished by establishing on-site,
or at suitable nearby locations, catchment basins, detention basins, and siltation traps
along with energy dissipating measures at the terminus of storm drains, or other similar
means of equal or greater effectiveness.
2. Sediment basins (debris basins, desifting basins, or sitt traps) shall be installed in conjunc-
tion with the initial grading operations and maintained through the development process as
necessary to remove sediment from runofl waters draining from the land undergoing devel-
opment. Areas disturbed but not completed prior to Novem6er tst, including graded pads
and stockpiles, shall be suitably prepared to prevent excessive soil loss during the late fall
and winter seasons. All graded areas shall be stabilized prior to November 1st, by means
of native vegetation, if feasible, or by other suitable means approved by the City.
The use of vegetation as a means to control site erosion shall be accomplished pursuant
toplans and specfiwtions prepared by a licensed landscape architect or other qualifed
professional. Erosion control utilizing vegetation may include, but is not limited to, seeding,
mulching, fertilization, and irrigation within sufficient time prior to November 1st to provide
landscape coverage that is adequate to achieve the provisions of this policy. Temporary
erosion control measures shall include the use of berms, interceptor ditches, fittered inlets,
� debris basins, silt traps, or other similar means of equal or greater effectiveness.
City of Chula Vista September 2012
I Bayfront Specific Plan Amended
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Ordinance No. 33�2
Page No. 79
�
From November 1st to March 31st, grading may be permitted, provided the applicant con-
fortns to the requirements of subsection (B)(3) of this section and submits monthly docu-
mentation wdhin two weeks following the end of the preceding month to the Cdy Engineer
of the cond'Rion of the erosion wntrol procedures for graded pads, slopes, and stockpiles
whenever precipitation during the month exceeds Mro inches.
3. From November 1 st to March 31 st, grading may occur in phased increments as determined
by the City Engineer, provided all of the following requirements have been met. Grading
from April 1 st through October 31 st shall be subject to standard practices.
a. The increments shall be limited to those areas that have been prepared to control the ef-
fects of soil erosion. Control measures, such as sedimentation basins, detention basins
and other facilities, shall be scheduled and placed in a sequence that shall minimize and
control the off-si[e transportation of sediments. Such erosion control measures shall be
installed for such increments prior to commencing any grading that would be perfortned
during the period between Nwember 1st and March 31st.
b. The applicant shall post a deposit for such areas to be greded, which shall remain in
force and effect for one year after final inspection approval of grading by the City. The
deposit shall be sufficient to wver the costs of any remedial grading and replanting of
vegetation, including any restoration of wetlands, or other environmentally sensdive hab-
itat areas adversely affected by the failure of the erosion control measures required
herein, as detertnined by the City Engineer. The deposit will inure to the benefrt of the
City in case of noncompliance as determined by the City Engineer.
c. The applicant agrees to provide daily documentation to the City Engineer of the condi-
tion of the erosion conVOl procedures for any 24hour period in which precipitation ex-
ceeds 0.25 inches. Such documentation shall be provided within five working days o(
said 24-hour period. Failure to provide such documentation of the occurtence of any
significant discharge oi sediments or silts in violation of this policy shall constitute
grounds for suspension of the applicanYs grading permit(s) during the period of Novem-
ber 1 st to March 31 st.
4. The following addi[ional safeguards shall be required for grading beriveen November 1st
and March 31st:
a. A 100-foot buffer is required between pertnanent open space wetlands associated with
the nature reserves and grading adi�nties.
b. A sift fence (or equal) shall be installed behNeen graded areas and all wetlands. A dis-
tance of 10 feet is required between the sitt fence and the toe of any manufactured
slope.
c. The maximum slope permitted is 3:1.
C. Erosion Contrd Monitoring Program for Chula Vista Coastal Zone Areas.
1. Overall field review of grading operations will be performed by the City on each g2ding
project in the coastal zone.
2. Field review of erosion conVd devices, sedimentation basins, detention basins, and land-
scaping will be made by the Ci[y Engineer prior to the advent of the rainy season, and
Ciry of Chula Yista September 2012
IBayfront Specific Plan Nnerded
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Ordinaoce No. 3352
Page T�o 80
throughout the rainy season as necessary to monitor grading operations phased between
November �st and March 31st. The City Engineer shall document noncompliance of pra
jects with the grading and erosion control requirements and correct problems with funds
from the deposit posted by the applicant.
3. The City Engineer will periodically review and prepare a report on the effectiveness of the
runoff and erosion control measures for areas within the Chula Vista coastal zone. The ini-
tial report shall be completed within two years following February 1989 and thereafter six
months prior to any scheduled review by the Calrfornia Coastal Commission of the LCP for
the City. A copy of the report shall be submitted to the Chula Vista CRy Council and to the
Executive Director of the Coastal Commission.
D. All areas disturbed by grading shall be planted within 60 days of the initial disturbance and
prior to November 1st with temporary or permanent (in the case of finished slopes) erosion
control methods. Such planting shall be accomplished under the supervision oT a licensed
landscape architect and shall consist of seeding, mulching, fertilization, and irrigation ade-
quate to provide 90 percent coverage within 90 days. Planting shall be repeated if the required
level of coverage is not established. This requirement shall apply to all distributed soils includ-
ing stockpiles.
E. Refer also to Chapter 19.86 CVMC, Environmental Management Program, for additional re-
quirements concerning grading. (Ord. 3238 §2 (Exh. B), 2012; Ord. 2532, 1992; Res. 13957,
1989; Res. 11903. 1985. Formerly 19.85.010).
CiTy of Chula Ysta September 2012
I Bayfront Specific Plan Amended
70
Ordinance No. 3352
Page I�o. 81
APPENDIX B
BAYFRONT SIGN PROGRAM
GOAL AND OBJECTIVES
Goal
The goal of the Chula Vista Bayfront Sign Program is to control signs - eliminating those
which are obtrusive and encouraging those that are creative and interesting while establish-
ing a sense of place for the area.
Objectives
1. To establish guidelines and criteria for all signs within the Chula Vsta Bayfront Rede-
velopment Project area.
I2. To establish a �esigw-fevie��eac�Plannira Commission charged with the following
tasks:
(a)to make decisions regarding appropriateneu of pnvate signs;
(b)to preserve the integrity of the Bayfront; and
(c)to encourage creative sign design.
3. To encourage vitality within a development through the use of sign design.
4. To avad the proliferetion of private business signs along the freeway.
5. To incorporate into the design of public signs the elements of the bayfront logo.
6. To promote bayfron[ development progress, special events, and to identify, discreetly
but effectively, new businesses coming into the area.
7. To assure equality in sign impad.
8. To establish'BayfronY identiry through a cooperative program with CaRrans.
DESIGN REVIEW
The Cdy of Chula Vsta's lannina Cammissbn shall review all parts of
the bayfront project - the architecture, landscaping proposals, and each sign proposed for
the area. This mechanism will ensure the regulation and control needed to create a distinctive
atmosphere for the bayfront.
Chula Vista Plannins�Comnission-Appointed
The Chula Vista Plannina Commission has been appointed to fundion
as the �esiga-review-��Plannina Commission herein described and has been charged
with the responsibility of interpreting and applying sign design guidelines contained in this
document. The board is spec�cally directed to encourage creative sign design and diversity.
The City Council shall retain ukimate authority Tor fair and equitable application.
Submittal and Review Procedures
Submittal of a canplete program of all desired signs shall be required fa every development
proposed within the bayfront. Sign plans should be submitted coincidentally with development
plans scheduled for architectural review.
Cily of Chula Vista September 2012
I Bayfront Spedfic Plan Ameneed
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I
Ordinance No. 3352
Page U� �2
The minimum submittal shall include a plot plan with property lines, building footprints, curb
and center lines of adjacent streets, building and sign elevations, and location of each pro-
posed sign. Each sign will be drawn to scale indicating colors, materials, typestyles, dimen-
sions of lettering, copy areas, sign height and width, methods and intensity of lighting, and
means of installation.
IThe lannina Commission has established its own requirements and
procedures for submittals and has the discretion to change these from time to time as it
deems necessary.
IThe lannina Commission also has the authority to allow an individual
project to deviate from established guidelines ff the character of the bayfront will be enhanced
6y its action.
GUIDELINES: IN GENERAL II
Design Intent and Rationale
This sign program strives to ensure that graphics in general, and each sign in paRicular, be-
comes a viable, integral part of the concept of Chula Vista bayfront redevelopment. The intent
of this program is to establish a format for imaginative sign design which is appropriate for the
bayfront. '
Every effort must be made to create graphic identifications that are integral and consistent
with the bayfront theme and with the architecture of each paRicular project. Graphic ident�-
cations which are symbolic of the business or service rather than standard "letter copy" are
encouraged, i.e., logo. The design of signing for a project within this area should consider I
using pictorial imagery in combination with well-considered typefaces, spacing, colors, and i
material. (Refer to Exhibit Two for rule of good sign design.)
Two-Phase Program �
Because Ihe needs of businesses in the bayfront will be different in Rs earty stages and in the I
final development, guidelines have been adopted to accommodate their needs during both
these phases. During the intenm phase (early in bayfront development), developments will
receive liberal signing.
Once the bayfront is su�ciently developed, the need for abundant signing will be lessened
because the bayfronYs identity will be established and will help to attract business tra�c. A
more"low-key" sign program has been adopted for the final development phase.
The Influence of Bayfront Topography
The general topography of the bayFront is flat and open. The natural color of the area is mut-
ed. Therefore, signing must be discreet in order to avoid an overwhelming impact.
A. Low-Key Sign Program
These guidelines establish a sign program which is "low-key." Signs are intended to be ade-
quate for identfication, but not for advertising. Harmony of materials, textures, fortns, colors,
scale, and feeling is intended for the Chula Vista Bayfront Redevelopment Project.
City of Chula Vista September 2012
I 8ayfront Specific Plan Amended
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� Ordinance No. 3352
Page No. 83
The Necessity for Size Regulation
Un'rform sign parameters are created to ease competition among private interests. This as-
sures more equal distribution of the right to identify a place of activity.
Height Limitation
The eight-foot height limitation proposed in this criteria is in accordance with the intent of the
Cal'rfomia Coastal Commission's guidelines, and also maintains a sense of scale to bayfront
topography and the intent of achieving a "low-key sign program.
Rooi Signs
Signs mounted on the roofs or mechanical penthouses of any building are prohibded. Such
signs violate the intended bayfront scale and are not in keeping with a distindive bayfront
sign program.
Ground Signs Encouraged
Low ground signs are encouraged. They should be integreled with the landscape, wmple-
mentary to the architecture, incorporated into retaining walls or other landscape features. The
objective is to reduce visual clutter.
Wall Signs
Wall signs must be compatible with and proportionate to the architecture, and maintain har-
mony of materials and form. The purpose of these signs is to identrfy the business or private
development; whole wall areas are not intended to be'read" as sign strudures or sign back-
grounds. Only one wall sign shall be visible at one time.
Support Strudure
Support structures should be integrel parts of entire sign design and have aesthetic as well
as sVuctural impoRance.
Lighting
Lighting methods should be considered a paR of each sign. The intensity and cobr of light
should be harmonious with the building architecture and sign design. In any lighted sign, the
intensity should be no more than that required for nighttime reading, flashing/strobe light shall
not be used. Sgns must be modified after installation if lighting proves too intense.
Guideline Jurisdiction
The guideli�es specified herein shall govem signs within the Chula Vsta Bayfront Redevel-
opment Project. Since every possibility cannot be anticipated by this report, details which
might be omitted shall be govemed by the Chula Vista Zoning Ordinance. Where there is a
conflid between the Bayfront Redevelopment Sign Program and the Chula Vista Zoning Or-
dinance, the more restridive regulation shall govem.
Restrictions and Prohibked Signs
The folbwing signs shall be prohibited or restricted as noted:
City of Chula Y�sW September 2012
IBayfront Specific Plan Miended
73
Ordinance No. 335?
Page�Ie. 84
a. Pole signs.
b. Flashing, oscillating, animated or moving signs, or signs with moving parts shall be
prohibited.
c. The use of fluorescent-type paints is prohibited.
d. Signs advertising goods shall be prohibited.
e. All bill6oard signs shall be prohibited.
f. Temporery signs, banners, sale notices, e[c., shall be displayed behind the glass of
the structure.
IThe lannina Commission shall establish requirements and procedures
for submittals.
New Signs
The sign owner shall be responsible for the fulfillment of all requirements of these criteria.
Conformance will be strictly enforced and nonconforming or unapproved signs or any part
thereof shall be 6rought into conformance at the expense of the owner.
Existing Signs
Existing (nonconforming) signs shall be brought into conformance either:
(1) when any change of land use occurs, or
(2) by the final development phase, or whichever occurs first.
Approvals for signs and their installation shall be obtained by the owner or his representative
prior to installation. All signs shall be constructed, installed, and maintained in as-new condi-
tion at the owner's expense. All current building and electrical codes shall govern the con-
struction of signs.
GUIDELINES: SPECIFIC
Public Signs
Public signs are those built and maintained by the city or other public agency through an
adopted financial plan. They are divided into subsections according to function and location.
Freeway-0riented Signs
The signs are located in the freeway right-of-way or on private property. All signs in the iree-
way right-of-way must be approved by CaRrans.
a. Caltrans Signs: Cattrans signs, designed and maintained by the state, include all signs
identifying exits and general directions. These signs will be designed by Caltrans per
state regulations.
City of Chula Vista September 2012
IBayfront Specific Plan Amended
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Ordinance No. 33�2
Page No. 85
b. Caftrans Signs wi[h Bayfront Identity: The City of Chula Vista is considering a joint pro-
ject with CaRrans to develop a bayFroM identity sign to supplement the standard Cal-
trans signs which give generic service infortnation (i.e., 'FUEL, FOOD, LODGING,'
etc.). Costs will be bome by the city, and i�stalla[ion coordinated with Caltrans. (Refer
to Exhibit Three for example.)
Intemal Signs
Signs within the bayFront, not oriented to the ireeway.
a. Street Name Signs: Street name signs shall have special mountings and frames to
identify sVeets as 6eing a part of the new bayfront community. The sign copy will be
the bayFront letter style (Bodcman Bold, upper and lower case) and wlors. The sup-
port will be construded of wood. (Refer to Exhibit Six for example.)
b. Directional Signs: Directional signs at intersections will help establish gateways to the
redevelopment area and may include such generic information as convention center,
marina, special-use park, wildlife refuge, etc., as necessary. DirecGonal infortnation for
private developments may be included also at the discretion of the �esiga-review
9e,ar�Plannina Cannission. but for the interim development phase only. IrAortnation
will be clustered on one sign per intersection. Signs will have standardized mountings
and trip. (Refer to Exhibit Seven for example.)
A minimum of six directional signs will be necessary for adequate infortnation. Each
shall include specially designed landscaped areas to create a setting.
c. Information Signs: PuWic infortnation signs are designed for public facilities and ser-
vices such as parks, marshes, marinas, trim, and colored to be unfied with the basic
public sign theme. (Refer to Exhibit Eight for example.)
d. Traffic and Parking Control Signs: Traffic control and parking signs shall be designed
with standard copy faces, and shall be tnmmed with the wood frames and supports of
the bayfront motrf. Exact sizes and bcations are required by state regulation. It is sug-
gested that the minimal number of signs necessary for effectiveness be used. (Refer
to Exhibi[ Eight for example.)
To help establish the new bayfront identity, natural-signed (olympic semitransparent
901) cedar frames shall enclose all public signs. The bayfront logo and Bookman bold
typestyle shall be used throughout. Spec�c reds, yellows, and browns are the princi-
pal logo colors (Frazee Z57-23, 3, 29).
Private Signs
Guidelines for private signs are organized according ro location and project type. A somewhat
mwe liberal criteria is established to serve busineu needs during the bayfront's indial devel-
opment phase. The signs approved in this phase are called "interim signs.'
When the bayfrorrt is substantially buih out, interim sgns must be replaced, modified, or re-
moved entirely to comply with the more restnctive sign criteria established for the final devel-
opment phase.
The redevelopment agency shall determine when Ihis changeover will occur based on their
appraisal of the bayfronYs progress. Developers submitting signs for approval for projects to
Cily of Chula Ysia Seppember 20�2
I Bayhont Spedfic Plan M�ended
75
Ordinance No. 33�2
Page Ne. 86
be built close to the changeover date will be given the notice of complying with the final-
phase criteria or building interim signs which would be removed or mod�ed at their expense
inthe nearfuture.
The rationale for this phased system is that when the bayFront development is beginning and
a bayfront identity is 6eing established, certain private projects will need additional signs to
attract 6usiness.
When the area nears completion and a bayfront identity is clearly established, the bayfront
itself will attract business traffic. At this time, more restridive sign criteria can be implement-
ed.
FINAL PHASE: ULTIMATE BAYFRONT DEVELOPMENT STATE
Freeway Signs: Private signs which are oriented to the freeway shall not be allowed, except
as provided during the interim phase.
Comer Lots: The ident�cation allowance for sign development on comer lots may be divid-
ed to provide for a sign on each frontage; however, the total allowance for both signs com- ;
bined is not to exceed 50 square feet.
Multi-tenant Buildings or Complexes: Office, retail-commercial, and industrial uses which
are muRi-tenant shall be allowed additional tenant identification signs: each tenant shall be
allowed a maximum of three square feet on or adjacent to the entry door. These tenants
signs shall be visible from on-site parking andlor pedestrian walkways, but not intended to be
readable from public streets. ,
Directional and Information Signs: These signs shall be allowed on a need basis. They
shall be directional in nature and not intended as identrfication signs. Their maximum height
shall be four feet with four square feet maximum copy area per side.
Special Event Signs (Temporary): Special events such as grand openings shall be allowed
temporary signs. Such signs shall have a limited life as determined by the �esiQa—review
bea�dPlannina Commission.
Construction Signs (Temporery�: Signs for owners, contractors and subcontractors, archi-
tects, etc. for new projects under construction shall be subject to lan-
ninn Commission approval.
Allowable Copy Area
1. HotellMotel, RV Parks, Restaurants, and Retail-Commercial: Total copy area for all
identification signs combined shall be limited to not more than 50 square feet per par-
cel. Signs may be wall signs and/or ground signs. Ground signs may be single- or
double-faced but may not exceed 8 feet in height. An additional changeable copy area
of 25 square feet maximum shall be allowed for uses which include entertainment or
convention facilities. Changeable copy area shall be single-faced only.
2. Automotive Service: Service stations shall be allowed one identification sign per lot.
Signs shall be ground signs or wall signs and shall have no more than 40 square feet
of copy area, six feet maximum height.
City of Chula Vista September 2012
IBayfront Specific Plan Amended
76
Ordinance ti o. =3�2
Page No. 87
3. Industnal and Office Uses: Industrial and office uses shall be allowed one identfication
sign per lot, visible from the intemal street. Signs shall not exceed 40 square feet in
area or six feet maximum in height. Total sign area may include a directory or tenant
listing if the project is muRitenant.
INTERIM PHASE: BAYFRONT DEVELOPMENT STAGE
1. Commercial Uses Adjacent to Freeway: Commercial businesses will require some
identfication from the freeway during the bayfront development period. Such uses with
freeway exposure shall be albwed either wall or low-profile monument signs with
name and/or logo only during the bayfront development phase, and such signs shall
have a spec�c date by which they must be removed. If the business logo is wel�
established as an identity mark, then use of logo alone is preferable. Each lot may
have two wall signs or one ground sign only. No pole signs or roof signs are pertnitted.
One wall sign shail be visible at a time. Maximum total copy area shall be 100 square
feet. Ground signs may be double-faced or parallel to the roadway and are intended to
be low-pr�le monument signs.
2. Automotive Service: Service stations with freeway exposure shall be allowed freeway
identification during the initial redevebpment of the bayfront. Sizes shall be as small
as possible and still have freeway identity, in no case to exceed 50 square feet total
sign area. Such signs shall be subject to strict review and shall have a limited and
I specfic retirement date at the discretion of the�esiga sevEew-�ear4Plannina Commis-
�
DEFINITIONS
Background Area of Sign
The background of the sign shall be considered the entire area in which copy can be placed.
In compudng the area of sign background, only the face or faces which can be seen from any
one direction at one time shall be wunted.
Billboa►d
A billboard is any sign usually designed for use with changing advertisement copy, which is
normally used for the advertisement of goods or services rendered at locations other than the
premises on which the sign is bcated.
Changeable Copy Sign
A changeable copy sign is one that is charaderized by changeable wpy regardless oi meth-
od of attachment.
Copy Area
Copy area is that portion of the total sgn area devo[ed to lettering and/or symbolic communr
cation. The copy area shall be determined by circumscribing the smallest possible rectangle
around the copy, letters or symbol.
Ciry of Chula usta Sepfember 2012
IBayfront Specii�c Poan_ Amended
I n
Ordinance No. 3352
Page Ne�88
Directional Signs
A directional sign is one that contains directional information for pedestrian or vehicular traffic
or location.
�irectory Signs
Directory signs are signs that list businesses, services, room numbers, or employees.
Extemally Illuminated Signs
An ex[ernally illuminated sign is a sign whose face is art'rficially illuminated by an extemal light
source.
Flashing, Animated, or Moving Signs
Flashing, animated or moving signs are defined as signs that:
a. Intermittently reflect light from either an artficial source or from the sun; or
b. Have an illumination which is intermittent, flashing, oscillating, or of varying intensi-
ty; or
c. Have any visible portion in motion, edher constantly or at intervals, which motion
may be caused by either artificial or nature sources; or
d. Utilize whiriigigs or any similar item which uses wind as its source of power.
Freeway Signs or Freeway-Oriented Signs
Freeway signs or freeway-oriented signs are those signs that have copy directed for freeway
visibility either in the freeway right-of-way or on a property adjacent to the freeway.
Freestanding Sign
A freestanding sign is one which is supported 6y one or more columns, uprights, or braces in
or upon the ground.
Ground Sign
A ground sign is supported by the ground, by a continuous base (monument sign), or by
poles or posts.
Height of Sign
The height of a sign is the distance measured from finished grade to the highest projection of
the sign. On sloping ground, finished grade is defined as the average elevation between the
high and low points of adjacent grade.
Identification Sign
An ident�cation sign is one that identifies a business name or principal service only. The sign
should not serve as an advertisement device.
Cily of Chula Ysta September 2012
IBayfront Specific Plan Amended
78
Ordinaz�ce No. 33�2
Page No. 89
InTortnation Sign
An informffiion sign provides infortnation for public and private facilities or services, and the
use thereof.
Intemally Illuminated Signs
Irrtemaily illuminated signs are signs that have characters, letters, figures, design, or outline
illuminated by electrical Ights contained behind the sign(ace.
MonumeM Sign
A monument sign is a ground sign which is supported by a visually continuous base.
Mukiple Copy Sign
A muftiple copy sign is one that advertises other than the name of the business and the prin-
cipal produd or service.
Pole Sign
A pole sign is a sign supported by the use of one or multiple poles or columns.
Public Sign
A public sign is any sign that is owned by govemment. Examples: bike routes, bus stop, a
speed limit sgns, or park or public facili[y identfications.
Sign
A sign is defined as any strudure or device, logo, electric or non�lectric, and all parts thereof
which are used for advertising purposes upon or within which any poster, bill, bulletin, print-
ing, lettering, painting, device, or other advertising of any kind whatscever is placed. A sign
shall not include any support frame or standard used exclusively for displaying the flag of the
United States of America, the state, or the cdy, nor shall these flags be considered signs.
Sign Area
Sgn area shall include the background area of the copy. In the case of individual cut-0ut let-
ters, sign area will include the euposed surface of the panel on which the letters are mounted.
Temporary Sign
A temporery sign is intended to advertise communily or civic projects, construction projects,
real estate for sale or lease, other special events on a temporary basis.
Tnffic ConVol Sign
Traffic control signs are directional signs which direct traffic flow inGuding pavement anows
and signs. Examples: loading zone, handicapped parking, no parking.
City of Chula V�sta September 2pt 2
I Bayfront Spedfic Plan Miended
79
Ordinance No. 3352
Page i�io QO
Wall Sign
A wall sign is one that is in any manner affixed to any wall of a building or structure.
(Ord. 3238§2 (Exh. 8, C), 2012; Ord. 2665 Appx. B, 1996).
19.85.012 Special conditions.
A. Special Condition "A." Specfic development plans for the development of Parcel Area 2-b
property located south of "F" Street and west of the SDGBE ROW shall be subject to
� �VRCPlannina Commission review a�d-Citv Council approval 6ased
on the following guidelines:
�. Building setbacks shall be:
a. For buildings 44 feet or less in height, as specified in CVMC �9.85.010.
b. For buildings 44 to 95 feet in height:
i. From "F" Street: 200 feet;
ii. From USFWS property("F&G" Street marsh): 200 feet; and
iii. From SDG&E ROW: 50 feet.
2. Building FAR. A maximum FAR of 0.75 (including SDGBE landscaped parking area bonus)
on [he subject si[e is allowed with one new building pertnitted on such site to exceed the
44-foot height limit; provided, that (a) a reduction in the total gross square footage of struc-
tures presently located on the Goodrich campus south of the subject site is effected
through the demolition or removal of such existing structures seiected by Goodrich totaling
125,000 square feet (which is commensurate with the additional allowed FAR on the sub-
ject site), (b) such demolition or removal is completed within one year following occupancy
of such new building, (c) the footprint of such new building does not exceed five percent of
the total area of the subject site (excluding the area encompassed within that portion of the
SDG&E ROW adjacent to the subject site), and (d) the sethacks on the subject site speci-
fied above are met.
3. Development plans shall include a comprehensive landscaping plan that indicates en-
hanced landscaping at the project edges and within the SDG&E landscaped parking area.
4. Pedestrian or other off-street circulation connections to adjacent industrial and business
park uses shall be provided.
5. Project shall comply with all City-wide threshold standards for infrastructure improvements
and public services; spec�rally, associated traffic impacts will be mitigated to a levelof-
service (LOS) °D'or better at the Bay Boulevard/E StreeVlnterstate 5 interchange.
6. All buildings on site shall reflect a common, high-quality architectural design and construc-
tion standard.
B. Special Cond'Rion "B." Specfic development plans for the development of Parcel Areas 2-g
and 3-a properties located at the northeast and southeast corners of Bay Boulevard and J
I Street shall be subject to�VR�Plannina Commission review and �t
Council approval based on the following guidelines:
City of Chula�lista September 2012
IBayfront Specific Plan Amended
80
Ordinance?ro. 3352
Page No. 91
1. The maximum FAR shall be 0.50.
2. Maximum building height shall be 30 feet.
3. Building setbacks shall be:
Location Setback
J SVeet(to maintain view comdor) 65 ft.
Bay Boulevard 30 ft.
Adjacent to Interstate 5 freeway 25 ft.
From intersection of J Street and Bay Boulevard (measured 60 ft.
perpendicular to angular comer property line)
4. Landscaping of the site shall be 15 to 20 percent of the total lot area.
5. Minimum landscaping depths abng street frontages shall be 15 feet in width.
6. Elevations facing the freerrdy shall be articulated in massing or architectural Veatment.
7. Pedestrian linkages shall be provided to connect both sides of J SVeet as well as linking
the projects to the Bayfront development.
8. Compad parking stalls shall be pertnitted with dimensions of 7.5 feet wide by 16 feet in
length. The number of these stalls may be authorized to a maximum of 20 percent of the
required paAcing.
C. Special Condition 'C.' Sweetwater Marsh National Wildlife Refuge: Development intensity is
limded to the existing Chula Vista Nature Center facilities and other structures that are ap-
proved by the USFWS.
D. Special Condition "D.' The folbwing special cond'Rions shail apply to commercial —visitor and
commercial—administrative and professional land uses on Parcel Area 2-h:
1. Building setbacks for office shall be:
a. To all extenw boundaries: none. At a podium height of 35 feet, building stepback shall
be 10 feet minimum.
b. To interia boundaries that do not abut an�her land use: none.
2. Building setbacks for hotel shall be:
a. To all exterior boundaries: zero feet minimum, except at ground level on the south side
of the building along J Street between the I-5 corridor and A Street where it shall be 65
feet measured (rom the north curb of J SVeet. Uses such as a hotel pool will be permit-
ted in the setback so bng as the view frorti the J Street I-5 overpass to the Bay is not
impeded.
3. The following standards shall apply to all uses within Parcel Area 2-h:
City of Chula Ysfa September 2012
I Bayfront Spedfic Pla� Amerded
61
Ordinance No. 33�2
PageT�e �2
a. Public View Corridors.
i. Setbacks and stepbacks shall generally resuR in a 70-foot-wide minimum public view
corridor width at podium level and 95-foot-wide minimum public view corridor width at
tower level.
ii. The public view corridors identfied in Exhibit 8a of the LUP shall align wdh the exist- �
ing cortidors between the buildings that are currently located east of 2-h and west of
Bay Boulevard (630 Bay Boulevard, 660 Bay Boulevard, and from 660 Bay Boule-
vard to[he hotel). From north to south, these existing 6uildings are currently occupied
by Pacific Trust Bank, Fresenius Medical CarelJP Motor Sports, and National Univer-
sdy/Intuitive Innovations.
4. Site Coverage. The total building coverage on Parcel 2-h shall not exceed 65 percent of �,
the total site area.
5. Building FAR. A maximum FAR of 3.0 (excluding structured parking) on the subject sde is I
allowed; provided, that (a) the setbacks on the subject site specified above are met and (b)
the 6uildings are stepped back to preserve public view corridors. i
6. Development plans shall include a comprehensive landscaping plan. ;
I
7. Pedestrian or other oH-street circulation connections to the residential buildings in Parcel '
Area 2-f and other adjacent 8ayfront areas shall be provided. I
8. Project shall comply wRh all City-wide threshold standards for infrestructure improvements I�
and public services. i
9. All buildings on site shall reflect a common, high-quality architectural design and construc-
tion standard. �
1D.Height LimRation. Buildings on the commercial—visitor site shall not exceed 140 feet. I
a. Buildings on the commercial—administrative and professional site shall not exceed 106 �
feet. i
b. For specific building heights refer[o Exhibit Sa of the LUP.
c. Maximum podium heights shall not exceed 30 feeL '
E. Special Condition "E.' The following special conditions shall apply to residential — mixed har-
bor district land uses on Parcel Area 2-f:
1. Building setbacks for residential shall be:
a. To all exterior boundaries: zero feet minimum except at ground level on the south side
of the development along J Street where it shall be 65 feet measured from the north
curb of J Street.
b. Building stepbacks for residential shall be: towers shall 6e sited to gradually step
downward in height from north to south reflecting the more intensive proposed land us-
es to the north and the environmental preserve to the south.
City of Chula Ysta September 2012
IBayfront Specific Plan Amended
82
Ordinance No. 3352
Page No. 93
2. Public View Corridors.
a. Setbacks and step6acks shall generally resuR in a 70-foot-wide minimum public view
corridor width at podium level and 9Sfoot-wide minimum public view cortidor width at
tower level.
b. The public view wrridors identified in Exhibit 8a of the LUP shall align with the existing
cortidors between [he buildings that are currently located east of 2-h and west of Bay
Boulevard (630 Bay Boulevard, 660 Bay Boulevard, and from 660 Bay Boulevard to the
hotel). From north to south, these existing buildings are cunently occupied by Pacific
Trust Bank, Fresenius Medical Care/JP Motor Sports, and National Universi[yAntuitive
Innovations.
3. Site Coverage. The total building coverege shall not exceed 62 percent of the total site ar-
ea.
4. Height Limitation.
a. The residential buildings shall not exceed 200 feet.
b. For specfic building heights refer to Exhibit 8a of the LUP.
c. The podiums shall not exceed 35 feet.
d. Row housing along Marina Parkway shall not exceed 45 feet. (Ord. 3238 §2 (Exh. B,
C), 2012)
City of Chula VisW September 2012
IBayfront Spedfic Plan M�endeA
' 83
Ordinance No. 33�2
Page Ne� �1�1
CHAPTER 19.86
BAYFRONT SPECIFIC PLAN—ENVIRONMENTAL MANAGEMENT PROGRAM
Sections:
19.86.001 Purpose and scope.
19.86.002 Resource elements.
19.86.003 Environmental management requirements.
19.86.004 Environmental management of delinea[ed resources.
19.86.005 Additional diking, dredging or filling of wetland areas.
19.86.006 Water quality requirements.
19.86.007 Repealed.
19.86.001 Purpose and scope.
Public Resources Code Sedion 3024D (California Coastal Act) provides for the protedion of envi-
ronmentally sensitive habitat areas. The purpose of this chapter is to provide for such protedion.
(Ord. 3238§2 (Exh. B), 2012; Ord. 2532, 1992; Res. '11903, 1985).
19.86.002 Resource elements.
The proposed project site is relatively flat, although a slightly elevated area is located in the
Sweetwater District. The surface elevation of the site ranges between approximately five and 25
feet above mean sea level. The Sweetwater District is undeveloped and currently composed pri-
marily of fallow felds. The majority of vegetation is generally ruderal with small areas of distur6ed
native habitats, inciuding California coastal sage scrub. The Harbor District and Otay District are
generally developed and consist of limited areas designated as jurisdictional waters.
Marine and hiological resources are abundant in the project area, primarily due to its proximity to
San Diego Bay and the estimated 3,940-acre San Diego Bay Natural Wildl'rfe Refuge (SDBNWR)
south of the Plan Area. The SDBNWR preserves mudflats, salt marsh, submerged lands, and
eelgrass beds that provide a fertile breeding ground for a wide range of species, including many
designated threatened and endangered species. The Sweetwater Marsh National Wildlife Ref-
uge, Chula Vista Nature Center, and "F8G" Street Marsh are all components of the larger
SDBNWR. The unique ecosystem characteristics of the south San Diego Bay have made the ar-
ea a resting site on the Pacific Flyway for a wide variety of resident and migratory shorebirds and
waterfowl, as well as a fertile breeding ground for a range of aquatic and land species.
The major wetlands and related sensitive habitat areas within the Chula Vista Bayfront area have
been acquired by the USFWS and comprise the majority of the Sweetwater Marsh National Wild-
life Refuge, in addition to the "F&G" Street Marsh. With the preservation of these areas the focus
of these regulations is reducing and mitigating impacts on the refuge from new development with-
in the BayFront in addition to protedion of other wetlands within the LCP Planning Area. (Ord.
3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.86.003 Environmental management requirements.
A. Coordination.
1. Coordination with the Port in the development of plans and programs for areas adjacent to
the LCP Planning Area shall be maintained to ensure that environmental management ob-
jectives in the Bayfront LUP can be successfully implemented.
City of Chula Ysta September 2012
IBayfront Specific Plan qmended
8A
Ordinance'�Io. ���2
Page ho. 95
2. Coordination with the USFWS shall be maintained for the development of plans and pro-
grams adjacent to the Sweetwater Marsh National WikJl'rfe Refuge. (Ord. 3238 § 2 (Exh. 8,
C), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.86.004 EnvironmenWl ma�agement oi dNineated resources.
Sensitive habitats exist in areas not delineated, including, but not limited to, Parcel Area 3-k and
the 'F&G" Street Marsh. It is required that all environmental resources are analyzed by an envi-
ronmental professional, and that an environmental management plan is adopted to protect any
sensitive habitats discovered, prior to the commencement of any additional development
Environmentally sensitive habitat areas (ESHA) shall be protec[ed against any significant disrup-
tion of habitat values, and only uses dependent on [hose resources shall be allowed within those
areas. Development in areas adjacent to environmentally sensdive habitat areas and parks and
recreation areas shall be sited and designed to prevent impacts which would significantly degrade
those areas, and shall be compati6le with the continuance of those habitat and recreation areas.
Devebpment in weUand habitat(s) is to be avoided and to remain as open space in perpetuity. A
buffer zone shall be maiMained around the wetland area to minimize impacts to the habitat (see
CVMC 19.86.005).
A minimum 100-foot buffer zone shall be maintained around weUands associated with the 'J'
Street Marsh in the Otay �istrict to minimize direct impact to the habitat as provided for in CVMC
19.86.005. Uses in the buffer zone are limited to pathways and fencing to protect the area and
provide pedestrian view points of the marsh and coastal area as provided for in CVMC 19.86.005.
Fences around the pond must be visually appealing and protect view corridors toward the water-
front and marshes. (Ord. 3238 §2 (Exh. B, C), 2012).
19.86.005 Additional diking, dredging or filling of wetland areas.
Diking, dredging, or filling of open coastal waters. wetlands, estuaries, and lakes shall be pertnit-
ted in accordance with other applicable provisions of this ti�e, where there is no feasible less en-
vironmentally damaging aRemative, and where feasible mitigation measures have been provided
to minimize adverse environmental effects, and shall be limited to the following:
A. New or expanded poR, energy, and coastal-dependent industnal facilities, including commer-
cial fishing facilities.
B. Maintaining existing, or restoring previously dredged, depths in existing navigational channels,
tuming basins, vessel berthing and mooring areas, and boat launching ramps.
C. In open coastal waters, other than wettands, including streams, estuaries, and lakes, new or
e�anded boating facilities and the piacement of structural pilings for public recreational piers
that provide public access and recreational opportunities.
D. Incidental public service purposes, including, but not limited to, burying cables and pipes or
inspection of piers and maintenance of existing intake and outfall lines.
E. Mineral exVaction, including sand for restoring beaches, except in environmentally sensitive
areas.
F. Restoretion purposes.
City of Chula Y�sta September 2012
I I Bayfront Specific Plan Miended
85
Ordinance No. 3352
Page ue �6
G. Nature study, aquaculture, or similar resource dependent activities.
Open space preservation in perpetuity of sensitive resource areas will also be required pursuant
to an appropriate mechanism.
Buffers within the local coastal plan area have been designed to accommodate potential areas of
future sea level rise inundation and are identified on Exhibit 12a of the certified LUP. The exis[ing
plan also provides for an adequate amount of habitat migration within the ident�ed buffer areas
based on a projected sea level rise.
In cases where buifers have not yet been established, a buffer of at least 100 feet in width from
the upland edge of wetlands and at least 50 feet in width from the upland edge of riparian habitat
shall be established. Buffers should take into account and adapt for rises in sea level by incorpo-
rating wetland migration areas or other sea level rise adaptation strategies as appropriate. The '
CDFG and USFWS mus[ be consulted in such buffer determinations and, in some cases, the re- I
quired buffer, especially for saft marsh wetlands, could be greater than 100 feet. Uses and devel- I
opment wi[hin buffer areas shall be limited to minor passive recreational uses, with fencing, desil-
tation or erosion control facilities, or other improvements deemed necessary to protect the habi-
tat, to be located in the upper (upland) haH of the buffer area; however, water quality features re- I
quired to support new development shall not be constructed in weHand buffers. All wetlands and �
buffers identified and resulting from development and use approval shall be permanently con-
served or protected through the recordation of an open space easement or other suitable device �
that perpetually prohibits development in wedands and wetland buffer areas. Such devices shail �
include attached exhibds that consist of a legal description of the subject parcel upon which de-
velopment has been approved and a graphic depiction of the easement, or othervvise restncted, I
area. All development activRies, such as grading, buildings and other improvements, in, adjacent i
to, or draining directly to a wetland must be located and built so they do not con[ribute to in-
creased sediment loading of the wetland, disturbance of its habitat values, or impairment of its
functional capacity.
In some unusual cases, smaller buffers may be appropriate, when conditions of the sde as
demonstrated in a site specific biological survey, the nature of the proposed development, etc.,
show that a smaller buffer would provide adequate protection. In such cases, the CDFG must be
consutted and agree, in writing, that a reduced buffer is appropriate and the City, or Commission
on appeal, must find that the development could not be feasibly constructed without a reduced
buffer. However, in no case shall the buffer be less than 50 feet. (Ord. 3238 §2 (Exh. B, C),
2012; Ord. 2626 § 3, 1995; Ord. 2556, 1993; Ord. 2546, 1993; Ord. 2532, 1992; Ord. 2168 § 1,
1986; Res. 11903, 1985. Formerly 19.86.006).
19.86.006 Water quality requirements.
A. Watershed Planning.
1. The City shall suppoR and participate in watershed-based planning efforts with the County
of San Diego and the San Diego Regional Water Quality Control Board. Watershed plan-
ning efforts shall 6e facilitated by helping to:
a. Pursue funding to support the development of watershed plans.
b. Identify priority watersheds where there are known water quality problems or where de-
velopment pressures are greatest.
c. Assess land uses in the priority areas that degrade coastal water quality.
City of Chula Ysta September 2012
IBaytront Specific Plan Amended
86
Ordinance'Jo. 3�52
Page No. 97
d. Ensure full public participation in the plan's development.
B. New Development.
7. New development shall be si[ed and designed to protect water quality and minimize im-
pacts to coastal waters by incorporating measures designed to ensure the following:
a. Protect beneficial uses of waters, areas necessary to maintain riparian and aquatic bio-
ta, and/or areas that are susceptible to erosion and sediment bss.
b. Limit increases of impervious surfaces.
c. Limit land disturbance activi[ies such as dearing, greding, and cut-andfill to reduce
erasion and sediment loss.
d. Limit disturbance of natural drainage features and vegetation.
2. New development shall not result in the degredation of the water quality of groundwater
basins or coastal suAace waters inGuding the ocean, coastal streams, or wettands. Urban
runoff pollutants shall not be discharged or deposited such that they adversely impact water
resources (groundwater, coastal waters, weUands. streams) consistent with the local Na-
tional Pollutant Discharge Elimination System Storm Water Municipal Permit.
3. Development must be designed to minimize, to the maximum extent pradicable, the intro-
duction of pollutants of concem (as defined in the City's Standard Urban Storm Water Mdi-
gation Plan [SUSMP]) that may resuR in signrficant impacts from site runoff from impervious
areas.
4. New development must comply with the requirements oi the Ci[ys SUSMP and the Citys
Development and Redevelopment Projects Storm Water Management Standards Require-
ments Manual, inGuding the preparation of required water quality documents and the im-
plementation of source coMrol, site design, and Veatment best management prec[ices
(BMPs).
5. Post-development peak flow discharge rates for the 7D0-year storm event shall not exceed
the pre-development rate.
6. Postconstrudion treatment BMPs shall be designed to treat, infiltrate, or fitter runoff pro-
duced by [he eighty-fdth percentlle, 24hour stortn event for volume-based BMPs and the
eighty-fifth percentile, one-hour stortn event for flow-0ased BMPs, as required by the City's
SUSMP.
7. Public sVeets and parking lots shall be swept frequently to remove debris and contaminant
residue. For private streets and parking lots, the property owner shall be responsible for
frequent sweeping to remove deb�s and contaminant residue.
8. The City should develop and implement a program to detect and remove illicit connections
and to stop illicit discharges.
9. New devebpment that requires a grading permit or storm water management document
shall include landscaping and revegetation of graded or disturbed areas, consistent with the
landscape requirements of the LCP and Ciry requirements. Areas adjacent to preserved
City of Chula Yista September 2012
I Bayfront Speafic Plan_ AmerdeA
87
Ordinance No. 3��?
Page N� O4
open space shall use native plants to the maximum extent practicable to reduce the poten-
tial for invasive species introduction. (Ord. 3238§2 (Exh. B, C), 2012).
19.86.007 Interpretive center funding.
Repealed by Ord. 3238 §2 (Exh. B), 2012. (Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903,
1985).
City of Chula Vista Septem6er 2012
IBayfront Specific Plan Amended
88
Ordinance No. 3352
Page No. 99
CHAPTER 19.87
BAYFRONT SPECIFIC PLAN—INFRASTRUCTURE FINANCING AND FUNdNG
MECHANISMS`
Sections:
19.87.0021 Community development block grants (CDBG).
19.87.003� Business improvement distrids.
19.87.0043� Development impact fees.
19.87.0054 TransNet.
19.87.0065 Grent funding.
19.87.00Z6 General fund.
19.87.0087 Otherfunding sources.
19.87.008$ Relation of funding to other Bayfront Specific Plan provisions.
' Prior legislation: Ords. 2168, 2532, 2546 and 2613; Resos. 119D3 and 13957.
The following is a list of commonly used mechanisms to fund public facilities. The Ciry may cur-
renUy be utilizing some of these mechanisms, but there may be opportunities tor better leveraging
of funding or for pursuing new funding sources.
Eaxes
. uaits
Cily of ChuW Y�sta Sepeember 2012
IBayfront Spedfic Plan M�enaed
69
Ordinance No. 3352
Page� �nn
r+�e ..'�� !ll..l O09C [ O IC..i. G\ 9l1�01
19.87.0021 Community development block grants(CDBG�.
CDBG is a federal grant program administered by the U.S. Department of Housing and Urban
Development. CDBG is administered on a formula basis to entitled cities, urban counties, and
states to develop viable urban communities by providing decent housing and a suitable living en-
vironment and by expanding economic opportunities, principally for low and moderate income
individuals. Eligible activities that may be proposed for funding include, but are not limited to,
housing, economic development, and public facilities and improvements. (Ord. 3238 §2 (Exh. B),
2012).
19.87.003� Business improvement districts.
Business improvement districts (BIDs) or propeRy and business improvement districts (PBIDs)
are mechanisms for assessing and collecting fees that can be used to fund various improvements
and programs within the district. There are several legal forms of BIDs authorized by California
law. The most common types are districts formed under the Parking and Business Improvement
Act of 1989. Business improvement areas formed under the 1989 law impose a fee on the busi-
ness licenses of the businesses operating in the area, rather than the property owners. The col-
lected funds are used to pay for the improvements and activities specifed in the fortnation docu-
ments. A similar assessment procedure was authorized by the PBID Law of 1994. The distinction
is that the PBID makes the assessment on the real property and not on the business. A PBID is
currently in operation in the City's downtown area. Other areas of the Bayfront Specific Plan may
also be ideally suited for BID funding.
The range of activities that can potentially be funded through BIDs and PBIDs is broad and in-
cludes parking improvements, sidewalk cleaning, streetscape maintenance, streetscape im-
provements (e.g., fumiture, lighting, planting, etc.), promotional events, marketing and advertis-
ing, security patrols, public art, trash collection, landscaping, and other functions. Generally
speaking, the BID format works well for marketing and other programmatic activities that serve to
directly benefR area businesses (i.e., tenants), whereas a PBID may be more appropriate for
permanent physical improvements that stand to improve property values in the area. Given the
size and diversity of the LCP Planning Area, it may be appropriate for separate BIDs or PBIDs to
be formed for different regions within the plan area. In this way, the collected funding could be
more spec�cally targeted to the unique improvement and programmatic needs of each district.
(Ord. 3238 §2 (Exh. 8), 2012).
79.87.0043 Development impact fees.
Property tax limitations imposed by Proposition 13, resutting in the decline in property taxes
available for public projects, has led Ixal governments to adopt alternative revenue sources to
accommodate public facility and infrastructure demands resutting from growth. Development im-
pact fees is one of those sources. AB 1600 (Cortese), which became effective on January 1,
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1989, regulates the way that impact fees are imposed on development projects. Impad fees are
one-time charges applied to offset the additional public facility provision costs from new develop-
ment. This may include provision of additional services, such as water and sewer systems, roads,
schools, libraries, and parks and recreation facilities. Impact fees cannot be used for operation,
maintenance, afteration, or replacement of existing capital facilities and cannot be channeled to
the local govemment's discretionary general funds. An impact fee cannot be an arbi[rary amount
and must be explicitly linked to the added cost of providing the faciliry towards which it is collect-
ed.
The City already has a range of impact fees that are updated periodicalty. k is important, howev-
er, to realize that there are two primary aspects of capital costs(based on which impacts fees are
collected)—land costs and building costs. Though the Iatter can be estimated at a City-wide level
and adjusted periodically using appropriate inflation factors, land cost estimation is more compli-
cated, especially when one considers sign'fiicant variations in land values within the City and the
necessity to provide land intensive public facilities, such as parks. As a resuft, the land acquisition
camponent of a standardized impact fee may not be consistent uvith the true costs involved. (Ord.
3238 §2 (Exh. B), 2012).
19.87.00i4 TransNet.
In 1987, voters approved the TransNet program — a half-cent sales tax to fund a variety of im-
portant transpoRation projeds throughout the San Oiego region. This 20-year, $3.3 billion trans-
portation improvement program expired in 2008. In November 2004, 67 percent of the region's
voters supported Proposition A, which e�Rends TransNet to 2048, thereby generating an addRion-
al 514 billion to be distributed among highway, transit, and local road projects in approximately
equal thirds. In addition, it will support a robust public Vansportation system, inGuding new Bus
Rapid Transit services and carpooVmanaged lanes along many of the major freeways. Two per-
cent of the available funds will be earmarked annually for bicycle paths and facilities, pedestrian
improvements, and neighborhood safety projec[s. The San Diego Association of Govemments
(SANDAG) sets the priorities and allocates TransNet funds. (Ord. 3238§2 (Exh. B), 2012).
79.87.006¢Grant funding.
A variety of funding options are available though federal, state, and local grant programs. Many of
the grant programs target urban revitalization efforts, smart growth enhancements, and transpa-
tation planning and are provided on a competitive basis. Curtent grent programs, such as the
Smart Grow[h Incentive Pibt Program administered through SANDAG, can provide significant
funding toward projects [hat resuh in furthenng smart growth approaches, such as the elements
embodied in the principles of the Bayfront Spec�c Plan. (Ord. 3238§2 (Exh. B), 2012).
I19.87.0036 General fund.
The City receives revenue from a variety of sources, such as property taxes, sales taxes, fees for
recreation classes, and plan checking. Revenue can be generelly classfied into three broad cat-
egories: program revenue, general revenue, and restricted revenue. Depending on the revenue
source, the general fund may be used for a variety of purposes, such as capital improvement pro-
jects or streets, sewers, storm drains, and other infrastrudure maintenance improvements. (Ord.
3238§2 (Exh. B), 2012).
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19.87.0087 Otherfunding sources.
Examples of other funding sources that may be considered to assist in the implementation of the
canmunity benefRS outlined in this chapter include ad valorem property taxes, the sales and use
tax, the business license tax, and the trensient occupancy tax. (Ord. 3238§2 (Exh. B), 2012).
19.87.0098 Relation of funding to other Bayfront Specific Plan provisions.
The funding mechanisms of this chapter will be used to implement a system of public works as
outlined in CVMC 19.85.007. The remainder of Chapters 19.85 and 19.66 CVMC represent a
body of standards necessary to carty out the objectives of the Bayfront Specific Plan with regard
to regulating development and maintenance of private property. (Ord. 3238§2 (Exh. B), 2012).
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