HomeMy WebLinkAbout5. PC Regs
PC DISTRICT REGULATIONS
Otay Ranch Freeway Commercial
Sectional Planning Area (SPA)
Adopted April 1, 2003
by Resolution No. 2003-132, Ordinance No. 2903
Amended September 21, 2004
by Resolution No. 2004-300, Ordinance No. 2977
Amended by Resolution No. 2016-187 on September 13, 2016
and
Adopted by Ordinance No. 3376 on September 20, 2016
Amended XXX, 2019
by Resolution No. 2019-XXX, Ordinance No. XXX
Project Sponsor:
Baldwin & Sons
610 West Ash, Suite 1500
San Diego, CA 92101
Contact: Nick Lee
(619) 234-4050
Prepared by:
Cinti Land Planning
PO 439030, PMB 101
San Diego, CA 92143
Contact: Gary P. Cinti
(619) 223-7408
gary@cinti.com
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OTAY RANCH FREEWAY COMMERCIAL SPA
PLANNED COMMUNITY DISTRICT REGULATIONS
TABLE OF CONTENTS
SECTION PAGE
I. General Provisions ................................................................................................................ 1
A. Purpose & Scope ........................................................................................................... 1
B. Private Agreements ....................................................................................................... 1
C. Conflicting Ordinances .................................................................................................. 1
D. Establishment of Land Use Districts ............................................................................. 2
1. Adoption of Land Use Districts Map .................................................................... 2
2. Amendments to the Land Use Districts Map ........................................................ 2
E. Clarification of Ambiguity ............................................................................................ 2
F. Effect of Regulations ..................................................................................................... 3
G. Definitions of Terms ..................................................................................................... 3
II. Land Use Districts Map ........................................................................................................ 4
A. District Boundaries ........................................................................................................ 4
III. Freeway Commercial District ................................................................................................ 6
A. Purpose .......................................................................................................................... 6
B. Permitted & Conditional Uses ....................................................................................... 7
C. Accessory Uses & Buildings ....................................................................................... 11
D. Sign Regulations .......................................................................................................... 11
1. Sign Permit Exceptions ....................................................................................... 11
2. Prohibited Signs & Lighting ................................................................................ 14
3. Signs Permitted ................................................................................................... 15
4. Signs Relating to Inoperative Activities .............................................................. 17
5. Enforcement, Legal Procedures & Penalties ....................................................... 17
6. Construction & Maintenance .............................................................................. 17
7. Design Standards ................................................................................................. 17
8. Landscaping ........................................................................................................ 18
9. Illumination & Motion ........................................................................................ 18
10. Sign Copy ............................................................................................................ 18
11. Relationship to Streets ......................................................................................... 19
12. Design Review & Approval ................................................................................ 19
E. Property Development Standards ................................................................................ 19
1. General Requirements ......................................................................................... 19
a) Standards for Commercial Use Districts (FC-1 and Hotel) ................................ 19
b) Standards for Residential and Mixed-Use District .............................................. 20
2. Additional Requirements: ................................................................................... 23
3. Special Requirements .......................................................................................... 23
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F. Parking & Loading Facilities ...................................................................................... 26
1. Size and Access Requirements ............................................................................ 26
2. Number of Spaces Required for Designated Land Use ....................................... 28
3. Loading Facilities ................................................................................................ 31
4. General Provisions .............................................................................................. 40
5. Parking Screening Requirements ........................................................................ 41
6. Parking Area Landscaping .................................................................................. 41
7. Parking Area Lighting ......................................................................................... 41
G. Outdoor Storage & Sales Areas ................................................................................... 42
H. Trash Storage & Recycling Facilities .......................................................................... 42
I. Wall Requirements ...................................................................................................... 43
J. Landscaping ................................................................................................................. 43
K. Performance Standards ................................................................................................ 43
L. Park and Ride Facilities: .............................................................................................. 45
IV. Special Uses & Conditions ................................................................................................. 47
A. Purpose ........................................................................................................................ 47
B. Temporary Uses & Special Events .............................................................................. 47
1. Purpose ................................................................................................................ 47
2. Temporary Uses Listed ........................................................................................ 47
3. Permits & Bonds ................................................................................................. 48
4. Extension or Modification of Limits ................................................................... 48
5. Condition of Site Following Temporary Use ...................................................... 48
6. Fee ....................................................................................................................... 48
C. Recreational Facilities ................................................................................................. 48
V. Legislative Procedures ........................................................................................................ 43
A. Purpose ........................................................................................................................ 43
B. Adoption of Planned Community District Regulations .............................................. 43
C. Amendments ................................................................................................................ 43
VI. Administrative Procedures, Conditional Uses & Variances ............................................... 44
A. Purpose & Intent .......................................................................................................... 44
B. Zoning Administrator - Authority ............................................................................... 44
C. Planning Commission .................................................................................................. 48
D. Planning Commission - Appeals Procedure ................................................................ 48
E. Site Plan & Architectural Approval ............................................................................ 49
F. Site Plan & Architectural - Appeals ............................................................................ 51
G. Conditional Use Permit ............................................................................................... 52
H. Conditional Use Permit - Appeals ............................................................................... 52
I. Variance ....................................................................................................................... 53
J. Variance - Appeals ...................................................................................................... 54
VII. Exceptions & Modifications ................................................................................................ 55
A. Height Limitation Exceptions ..................................................................................... 55
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B. Projections into Required Yard Permitted ................................................................... 55
VIII. ENFORCEMENT ............................................................................................................... 56
A. Enforcement by City Officials .................................................................................... 56
B. Actions Deemed Nuisance........................................................................................... 56
C. Remedies ..................................................................................................................... 56
D. Penalties ....................................................................................................................... 56
LIST OF EXHIBITS
EXHIBIT PAGE
Exhibit PC-1 .................................................................................................................................. 5
Exhibit PC-2 ................................................................................................................................ 25
LIST OF TABLES
TABLE PAGE
Table A. Commercial Property Development Standards ............................................................ 20
Table B. Residetnail and Mixed-Use Development Standards ................................................... 21
Table C. Parking Requirements ................................................................................................. 29
Table D. Required Handicapped Parking .................................................................................... 30
GENERAL PROVISIONS
1
OTAY RANCH FREEWAY COMMERCIAL SPA
PLANNED COMMUNITY DISTRICT REGULATIONS
I. General Provisions
A. PURPOSE & SCOPE
For the purpose of promoting and protecting the public health, safety and welfare of the people
of the city of Chula Vista, to safeguard and enhance the appearance and quality of development
in the Freeway Commercial Sectional Planning Area (SPA) of the Otay Ranch General
Development Plan (GDP) area, and to provide the social, physical and economic advantages
resulting from comprehensive and orderly planned use of land resources, these Planned
Community (PC) District Regulations defining land use districts and regulations within those
districts are hereby established and adopted pursuant to Title 19 (Zoning Ordinance) of the
Chula Vista Municipal Code (CVMC), specifically Chapter 19.48 P-C Planned Community
Zone.
The Freeway Commercial Planned Community District Regulations are intended to:
• Ensure that the SPA Plan is prepared and implemented in accordance with the
provisions of the Otay Ranch GDP.
• Implement the Chula Vista General Plan for the Eastern Territories.
• Promote the orderly planning and long term phased development of the Freeway
Commercial portion of the Otay Ranch GDP area.
• Establish conditions which will enable the Freeway Commercial SPA to exist in
harmony within the larger community.
B. PRIVATE AGREEMENTS
The provisions of this ordinance are not intended to abrogate any easements, covenants, or other
existing agreements which are more restrictive than the provisions contained within this
ordinance.
C. CONFLICTING ORDINANCES
Whenever the provisions of this ordinance impose more, or less, restrictive regulations upon
construction or use of buildings and structures, or the use of lands/premises than are imposed
or required by other ordinances previously adopted, the provisions of this ordinance or
regulations promulgated hereunder shall apply.
GENERAL PROVISIONS
2
D. ESTABLISHMENT OF LAND USE DISTRICTS
In order to classify, regulate, restrict and separate the use of land, buildings and structures, and
to regulate and limit the type, height and bulk of buildings and structures in the various districts,
and
to establish the setback areas and other open space areas abutting and between buildings and
structures, and to regulate the density of population, the Freeway Commercial SPA is hereby
divided into the following Land Use Districts:
FREEWAY COMMERCIAL SPA LAND USE DISTRICTS DEFINITIONS
SYMBOL DEFINITION
FC-1
Freeway Commercial: District which permits regional uses which require an automobile
orientation near regional transportation systems, including, but not limited to
thoroughfare commercial, visitor commercial, and regionally oriented retail and service
commercial uses. FC-1 additionally permits major (>500,000 square feet) regional retail
facilities.
FC-2
Freeway Commercial North (FC-2) is divided into three sub-categories. H is primarily
intended to contain hotels. RM is primarily intended for multi-family residential in an
urban character with a urban park provided at the core of the planning area. C/MU and
R/MU are primarily intended to contain mixed-use multi-family residential and
commercial.
1. Adoption of Land Use Districts Map
Land Use Districts and boundaries are established and adopted as shown, delineated and
designated on the Freeway Commercial SPA Land Use Districts Map (see Exhibit PC-1) of
the city of Chula Vista and San Diego County. This map, together with all notations,
references, data, district boundaries and other information thereon, is made a part of these
Freeway Commercial SPA Planned Community District Regulations and adopted
concurrently herewith.
2. Amendments to the Land Use Districts Map
Changes to the boundaries of the land use districts shall be made by Ordinance and shall
be reflected on the Freeway Commercial SPA Official Land Use Districts Map, as
provided in Section VI.C herein. Minor changes resulting on the basis of an approval of a
tentative or final map may be made to the Land Use Districts Map as an administrative
matter.
E. CLARIFICATION OF AMBIGUITY
If ambiguity arises concerning the proper classification of a particular land use within the
meaning and intent of this Ordinance, or if ambiguity exists with respect to height, setback
requirements, area requirements or land use district boundaries as set forth herein, it shall be
the duty of the Zoning Administrator to ascertain all pertinent facts concerning such ambiguity
and forward said findings and recommendations to the Planning Commission, or on appeal, to
GENERAL PROVISIONS
3
the City Council. If approved by the Commission, or on appeal, by the City Council, the
established interpretation shall govern thereafter.
Should any provision of these regulations conflict with the regulations of the Municipal Code,
the requirements herein shall apply.
F. EFFECT OF REGULATIONS
The provisions of this Ordinance governing the use of land, buildings, structures, the size of
setbacks abutting buildings and structures, the height and bulk of buildings, standards of
performance, and other provisions are hereby declared to be in effect upon all land included
within the boundaries of each and every land use district established by this Ordinance.
G. DEFINITIONS OF TERMS
For the purposes of this ordinance, certain words, phrases and terms used herein shall have the
meaning, assigned to them by Title 19 of the City of Chula Vista Municipal Code.
When consistent with the context, words used in the present tense include the future; words in
the singular number include the plural; and those in the plural number include the singular.
The word "shall" is mandatory; the word "may" is permissive.
Any aspect of land use regulation within the Freeway Commercial SPA not covered by these
district regulations or subsequent plan approvals, shall be regulated by the applicable chapter of
the CVMC.
The following specific definitions are provided for the Freeway Commercial SPA:
1. Floor Area Ratio (FAR): The total Floor Area of FC-1, divided by the total site area
in FC-1, excluding the enhancement buffer.
2. Major Regional Retail Facility: A retail complex serving the broader regional and
consisting of at least 500,000 square feet of retail facilities.
3. Floor Area for Major Regional Retail Facility: The total floor area of buildings,
including customer sales, service and storage areas, excluding: covered or screened
delivery areas; transit shelters; kiosks; cart sales areas; building walls and
architectural projections; mechanical rooms; covered or screened refuge disposal
areas; covered patios; maintenance rooms; fire corridors; and, sign structures.
4. Enhancement Buffer (measurement): An area seventy-five feet from the curb line of
EastLake Parkway and Birch Road, excluding therefrom: entry streets and drives;
acceleration and deceleration lanes; and, the right-of-way for SR-125. The buffer may
be reduced to 30 feet along Olympic Parkway.
LAND USE DISTRICTS MAP
4
II. Land Use Districts Map
This chapter consists of the Land Use Districts (Zoning) Map for Freeway Commercial SPA
included in a reduced form as Exhibit PC-1. The original Freeway Commercial SPA Official
Land Use Districts Map shall be kept on file with the City Clerk and shall constitute the
original record. A copy of said map shall also be filed with the City Planning Department.
A. DISTRICT BOUNDARIES
The land use district boundaries shown on the map coincide with proposed streets, alleys,
driveways, parking bays, or lot lines. Minor amendments to these boundaries resulting from
the relocation of a boundary street, alley or lot line by the approval of a tentative or final
subdivision map shall be incorporated in the Land Use Districts Map as an administrative
matter.
LAND USE DISTRICTS MAP
5
EXHIBIT PC-1
FREEWAY COMMERCIAL DISTRICT
6
III. Freeway Commercial District
A. PURPOSE
The Freeway Commercial SPA is designated with Freeway Commercial and Residential Land
Uses in the Otay Ranch GDP. Freeway Commercial is intended to serve as the site for regional
automobile-oriented commercial uses, complementing the Eastern Urban Center, adjacent to
the south, which is to serve as a more pedestrian-oriented, mixed-use focal point for the Otay
Ranch community. The SPA’s location adjacent to the SR-125 freeway and surrounded by
arterial roads, while also served by the SANDAG transit line, allows it to provide a unique mix
of regionally oriented commercial uses. Two commercial land use districts, Freeway
Commercial (FC-1 & FC-2), are designated to accommodate these uses. A portion of FC-2 has
been designated as RM and R/MU, which permits residential uses to provide walkable, transit-
oriented housing opportunities.
The Freeway Commercial District is included in these Planned Community District
Regulations to achieve the following:
• To provide an area for retail stores and service establishments offering commodities
and services required by residents onsite and within surrounding communities and
the South County region.
• To provide an integrated mixture of walkable transit-served commercial and
residential uses.
• To provide appropriate development standards for retail commercial, residential, and
support facilities;
• To encourage retail and service commercial uses, and related support uses, to
concentrate for the convenience of the public and for a more mutually beneficial
relationship to each other.
• To provide adequate space to meet the needs of modern commercial activity, including
off- street parking and loading areas.
• To minimize traffic congestion and avoid overloading utilities by restricting
construction of buildings of excessive size in relation to the amount of land around
them.
• To promote high standards of site planning, architectural and landscape design for
developments which have a mix of commercial and residential uses within the city of
Chula Vista.
FREEWAY COMMERCIAL DISTRICT
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B. PERMITTED & CONDITIONAL USES
The following uses shall be permitted where the symbol “P” appears and shall be permitted
subject to a Conditional Use Permit where the symbol “C” appears. Uses where the symbol “N”
appears shall not be permitted.
PERMITTED USE MATRIX – FREEWAY COMMERCIAL DISTRICT
LAND USE 1
ZONING DISTRICT
FC-1
Comm
H
Hotel
RM
Resid
R/MU
Resid
C/M
Comm
Administrative and professional services:
Business or professional office P P N N P
Financial institution or office P P N N P
Medical, dental & health services and offices (including
laboratories) P N N N N
Real estate sales office P P P P P
General commercial uses:
Antique shop (no outdoor storage) P P N N P
Apparel store P P N N P
Appliance store, including repair (no outdoor storage) P N N N N
Arcade and electronic games (subject to chapter 19.58 CVMC) 2 C P N N C
Art, music or photographic studio or supply store P P N N P
Athletic and health club P P N N P
Automobile and/or truck services and car wash facilities (subject
to chapter 19.58 CVMC) C N N N N
Bakery, retail P P N N P
Barber and beauty shop P P N N P
Bicycle shop, non-motorized P P N N P
Printing and photocopy services P P N N P
Books, gifts and stationery store P P N N P
Candy store or confectioner P P N N P
Catering establishment P P N N N
Cleaners P P N N P
Cocktail lounge, bar or tavern, including related entertainment C C N N C
1 P = permitted; C=Conditional use permit; N= not permitted
2 Refer also to Section III-K-13, herein.
FREEWAY COMMERCIAL DISTRICT
8
LAND USE 1
ZONING DISTRICT
FC-1
Comm
H
Hotel
RM
Resid
R/MU
Resid
C/M
Comm
Commercial recreation facilities not otherwise listed (subject to
chapter 19.58 CVMC) C C N N C
Electronics store, including sales and repair P N N N P
Equipment rental (enclosed in building)
P
N
N
N
N
Fast food restaurants with drive-in or drive-through (subject to
Chapter 19.58 CVMC)
P
C
N
N
N
Fast food restaurants without drive-in or drive-through
P
N
N
N
N
Food Trucks (Walk up mobile food restaurant)
N
P
N
N
P
Florist shop
P
P
N
N
P
Food store, Specialty Market (<40,000 square feet.
P
C
N
N
C
Drug store, pharmacy
P
P
N
N
P
Furniture, carpet or home furnishings store
P
N
N
N
N
Gasoline service station (subject to Chapter 19.58 CVMC)
C
C
N
N
C
Hardware or home improvement store
P
N
N
N
P
Hobby shop
P
P
N
N
P
Hotel or motel (subject to Chapter 19.58 CVMC)
P
P
N
N
P
Jewelry store
P
P
N
N
P
Junior department or department store, discount or membership
department store
P
N
N
N
N
Kiosk, including photo sales, located in parking lot
P
P
N
N
P
Kiosk, including photo sales, located in plaza area
P
P
N
N
P
Laundry (coin-operated)
P
P
P
P
N
Liquor store, package off-sale
C
N
N
N
C
Newspaper and magazine store, including printing and publishing
P
P
N
N
P
Nursery or garden supply store in enclosed area
P
N
N
N
P
FREEWAY COMMERCIAL DISTRICT
9
LAND USE 1
ZONING DISTRICT
FC-1
Comm
H
Hotel
RM
Resid
R/MU
Resid
C/M
Comm
Office supplies/stationery store
P
N
N
N
P
Outdoor sales and display (subject to Chapter 19.58 CVMC)
P
N
N
N
P
Parking facilities, commercial (subject to Chapter 19.58 CVMC)
P
P
N
N
P
Pet store, pet supplies and services including grooming (no
boarding)
P
N
N
N
P
Printing shop
P
P
N
N
P
Recycling collection center (subject to Chapter 19.58 CVMC)
P
N
N
N
N
Restaurant serving alcoholic beverages with live entertainment or
dancing
C
C
N
N
N
Restaurant with cocktail lounge or bar serving alcoholic
beverages
P
P
N
N
C
Restaurant with incidental serving of beer/wine but without
cocktail lounge, bar, entertainment or dancing
P
P
N
N
C
Restaurant, coffee shop, delicatessen
P
P
N
N
P
Restaurant, drive-through
P
C
N
N
N
Retail, wholesale, including membership stores and
manufacturer's outlets which require extensive floor areas for the
storage and display of merchandise, and the high volume,
warehouse-type sale of goods and uses which are related to and
supportive of existing on-site retail distribution centers or
manufacturer's outlets
P
N
N
N
N
Retail store or shop
P
P
N
N
P
Snack bar or refreshment stand contained within a building
P
P
N
N
P
Stamp and/or coin shop
P
P
N
N
P
Stores, shops and offices supplying commodities or performing
services for the residents of the city as a whole or the surrounding
community such as department stores, specialty shops, banks,
business offices, and other financial institutions and personal
service enterprises
P
N
N
N
P
Swimming pool supply store
P
N
N
N
N
FREEWAY COMMERCIAL DISTRICT
10
LAND USE 1
ZONING DISTRICT
FC-1
Comm
H
Hotel
RM
Resid
R/MU
Resid
C/M
Comm
Television, stereo, radio store, including sales and repair
P N N N N
Theater, movie, multiplex C N N N N
Tire sales and service
P
N
N
N
N
Travel agency
P
N
N
N
P
Veterinary office and/or animal hospital
C
N
N
N
N
Public and Semi-Public Uses:
Assembly Uses
N
N
N
N
N
Day nursery, daycare school or nursery school (for profit)
P
P
N
N
P
Day nursery, daycare school or nursery school (non-profit)
N
P
N
N
P
Educational institution
C
C
N
N
C
Public utility and/or public service sub-station, reservoir,
pumping plant and similar installation
C
C
C
C
C
Public Park
NA
P
P
P
P
Outdoor recreational facilities, including but not limited to: tennis
and swim clubs, basketball, racquetball and handball courts
C
C
P
P
C
Residential Uses:
Single Family Detached Residential
N
N
N
N
N
Multi-family Residential
N
N
P
P
P
Residential Care Facilities and Housing for Seniors
N
N
N
N
N
Temporary Uses:
Subject to the provisions of Section VI.B
P
P
P
P
P
Other Uses:
Unclassified uses (subject to Chapter 19.54 CVMC)
C
P
C
C
C
FREEWAY COMMERCIAL DISTRICT
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C. ACCESSORY USES & BUILDINGS
Accessory uses and accessory buildings customarily appurtenant to a permitted use are allowed
subject to the requirements of Chapter 19.58 CVMC.
Roof mounted satellite dishes shall be permitted as accessory structures subject to the following
standards or conditions:
• The dish shall be screened using appropriate matching architectural materials or
parapet walls;
• Dishes shall be of a neutral color, match the building, or as otherwise approved by
the Planning Director;
• A building permit shall be required; and,
• No advertising material shall be allowed on the satellite dish antenna. Satellite dish
antennae containing advertising material shall be considered signs.
D. SIGN REGULATIONS
No person, except a public officer or employee in performance of a public duty, shall post,
paint, erect, place or otherwise fasten any sign, pennant or notice of any kind, visible from a
public street except as provided herein. To ensure compliance with this section, a sign permit
shall be required for any sign, pursuant to Chapter 19.60.030 of the Chula Vista Municipal
Code, except as provided by the following. The following provisions that refer to type, size
and content of the sign are only guidelines, but shall not restrict any First Amendment rights to
speech.
1. Sign Permit Exceptions
The following signs shall be exempt from the sign permit requirements, however an
electrical and/or building permit may be required. Any signage in excess of the specific
exemptions listed below is prohibited:
a. Real Estate Kiosk Signs: Signs installed pursuant to a Real Estate Kiosk
Program sanctioned by the city of Chula Vista.
b. Political Signs: Signs having to do with any issue, ballot measure, political
statements and expressions, or candidate in any municipal, County, State or
Federal election shall be permitted.
• All political signs shall be placed, erected, constructed, painted or assembled
no earlier than thirty calendar days prior to the election and shall be removed
no later than ten calendar days following the date of the election.
• A political sign shall not exceed five square feet in total area for one side in a
residential district, and twelve square feet in a commercial district. Double-
FREEWAY COMMERCIAL DISTRICT
12
faced signs shall not exceed five square feet per side in residential districts
and twelve square feet per side in commercial districts. No signs shall be
placed in a manner that would obstruct the visibility of, or impede pedestrian
or vehicular traffic, or endanger the health, safety, or welfare of the
community.
• All political signs shall not exceed an overall height of six feet from the
finished grade immediately around the sign.
• No political sign shall be lighted either directly or indirectly unless said sign
is erected, painted, or constructed on an authorized structure already
providing illumination.
• No political sign shall be placed or affixed to a traffic signal, street light,
tree, fence, utility pole or existing sign, nor shall it be posted on any public
property or in the right-of-way if, in the opinion of the Zoning Administrator,
said sign impedes or renders dangerous public access to any public
improvement, including but not limited to, utility poles and fire hydrants; or
obstructs the vision of any sign designed to regulate, control or assist public
or private transportation or obstructs the vision of any user of a public right-
of-way.
• No political sign shall be posted in violation of any provisions of this section.
Further, the Zoning Administrator or his designated representative shall have
the right to remove all signs placed contrary to the provisions of this section.
Any political sign placed on private property without the consent of the owner
may be removed by said owner or representative of said owner.
c. Temporary Subdivision Signage: Temporary billboards, directional signs and
staff-mounted flags are allowed in FC-2, as shown in Master Precise Plan. Such
signs shall be for the identification of a subdivision, price information and the
developer’s name, address and telephone number.
Canvas signs, banners, advertising flags, and similar devices are permitted.
Flagpole height shall not exceed 21 feet in height.
Billboards shall not exceed 400 square feet on each side. Directional signs
shall not to exceed 64 square feet in total area for two (2) sides or 32 square
feet for one (1) side and a total overall height of twelve (12) feet may be
permitted on each street frontage of each neighborhood.
Temporary signs installed in the City public right-of-way shall require an
encroachment permit from Land Development Department. There shall be no
visibility obstructions within fire feet from any driveway. Said signage shall be
allowed until the units within the subdivision are sold out, or a period of thirty-
six months, whichever comes first. Extensions of twelve (12) months may be
approved by the Development Services Director/Zoning Administrator prior to
FREEWAY COMMERCIAL DISTRICT
13
the expiration date. Such signs shall be removed within thirty (30) calendar
days from the date of the final sale of the land and/or residences. Signs shall be
maintained in good repair.
d. Temporary Construction Sign: Two directory signs shall be permitted on the
construction site for all contractors (may include financial institutions, real
estate agents, subcontractors, etc.) not exceeding thirty-two square feet each,
unless legally required by government contracts to be larger. No sign shall
exceed eight feet in overall height and shall be located no closer than ten feet to
any property line. Such sign shall be removed upon the granting of occupancy
by the City. For all other projects, a total of two signs per development site may
be installed with a maximum of four square feet in area and five feet in height
for each sign. Such sign(s) shall be removed upon finalization of building
permits.
e. Interior Signs: Signs within a structure or building when not visible or readable,
nor intended to be read from off-site or from outside of the structure or
building.
f. Memorial Tablets, Plaques or Directional Signs: Signs for community historical
resources, installed by a City-recognized Historical Society or civic
organization.
g. Convenience and Secondary Directional Signs: Signs not to exceed four square
feet in area or ten feet in height.
h. Official and Legal Notices: Notices issued by any court, public body, person, or
officer or in furtherance of any non-judicial process approved by State or local
law.
i. Signs Providing Direction, Warning or Information: Signs or structures required
or authorized by law or by Federal, State, County or City authority.
j. A Single Official Flag: The flag of the United States of America and/or two flags
of either the State of California, or other states of the United States, counties,
municipalities or official flags for nations, and flags of internationally or
nationally recognized organizations or the company flag. Flags shall be a
maximum of five feet by eight feet, unless otherwise specifically approved on a
site plan
k. Signs of Public Utility Companies: Signs indicating danger, or which serve as an
aid to public safety, or which show locations of underground facilities or public
telephones.
l. Safety Signs: Safety signs on construction sites.
FREEWAY COMMERCIAL DISTRICT
14
m. “No Trespassing”: “No dumping” and similar warning signs not exceeding four
square feet.
n. Signs on Public Transportation Vehicles: Signs regulated by a political
subdivision, including but not limited to buses and taxicabs.
o. Signs on Licensed Commercial Vehicles: Provided such vehicles are not used
or intended for use as portable signs or as may be prohibited in Section III.D.2.
p. A Change of Copy: Copy conforming to an approved Comprehensive Sign
Program. All other changes of copy shall comply with this section.
2. Prohibited Signs & Lighting
All signs and lighting not expressly permitted are prohibited in all districts including, but
not limited to the following:
a. Roof signs.
b. Flashing lights or signs.
c. Animated signs or lights that convey the illusion of motion
d. Revolving or rotating signs
e. Vehicle signs (when parked or stored on property to identify a business or
advertise a product).
f. Portable signs (except where permitted by these regulations).
g. Off-site signs (except temporary subdivision or real estate signs).
h. Signs within the public right-of-way (except those required by a governmental
agency). No sign shall be placed, erected or constructed on a utility pole, traffic
device, traffic sign, warning sign, or so as to impede access to any public
improvement.
i. Signs located on public property except as may be permitted by Section
III.D.1.b or required by a governmental agency.
j. Signs within the public right-of-way prohibited by the Streets and Highway Code
(Sec. 101 et. seq. and Sec. 1460 et. seq.), the Vehicle Code (Sec. 21400 et. seq.)
and the Public Utilities Code (Sec. 7538 et. seq.).
k. Signs blocking doors or fire escapes.
FREEWAY COMMERCIAL DISTRICT
15
l. External light bulb strings and exposed neon tubing outside of buildings (except
for temporary uses such as Christmas tree lots, carnivals and similar events
having prior approval of the City).
m. Inflatable advertising devices of a temporary nature, including hot air balloons
(except for special events as provided for in Section V.B).
n. Advertising structures (except as otherwise permitted in this section).
o. Statuary (statues or sculptures) advertising products or logos of the business
located outside of the structure that houses the business.
p. The use of decals, stick-on or transfer letters, or tape on the walls or parapets of
buildings, fences, walls and other structures.
q. Signs which purport to be, are an imitation of, or resemble official traffic
warning devices or signs, that by color, location or lighting may confuse or
disorient vehicular or pedestrian traffic. This does not include traffic or
directional signs installed on private property to control on-site traffic.
3. Signs Permitted
The following signs may be placed with approval of a sign permit provided it is in
compliance with all other applicable laws and ordinances. These signs are subject to the
individual special provisions listed:
a. Convenience Signs: On-site signs no greater than six square feet necessary for
public convenience or safety may be approved by the Zoning Administrator.
Signs containing information such as “entrance,” “exit,” or directional arrows
shall be designed to be viewed from an area adjacent to the site by pedestrians
or motorists. Signs that convey advertising or products shall not be considered
a convenience sign.
b. Public and Quasi-Public Signs: Schools, community centers and any other
public or institutional building, shall be allowed the following signs:
• Public and quasi-public uses are permitted one wall or monument sign, not
to exceed thirty square feet in area and a bulletin board or announcement sign
not to exceed fifty square feet in area and twelve feet in height. Any bulletin
board or announcement sign not attached flat against the building shall
maintain a ten-foot setback from the streets.
• Public and quasi-public uses may request a permit allowing for temporary
use of a sign announcing a special event. Either wall-mounted, or
freestanding signs of paper, cardboard, plastic or fabric are permitted;
provided that the Zoning Administrator finds that the copy, color and design
FREEWAY COMMERCIAL DISTRICT
16
of the sign will not adversely affect the order, amenity, or residential
enjoyment of the neighborhood in which it is located.
• Special event signs shall be located on the premises of the institution or
organization having the special event, and shall not exceed five feet in height,
nor contain more than twenty-five square feet of sign area. Freestanding
signs shall maintain a minimum ten-foot setback from any property line
abutting a street right-of-way. Only one sign shall be allowed for each
street frontage.
• Upon application for a permit, the applicant shall submit a statement and
diagram noting the nature of the special event, indicating the occasion, size,
copy and colors of the proposed sign. No less than one permit for a special
event sign shall be issued to any one institution or organization in one
calendar year subject to Chapter 19.60.290 CVMC.
c. Community Special Event Signs: Special event signs may be approved for a
limited period of time as a means of publicizing special events such as grand
openings, Christmas tree lots, parades, rodeos and fairs that are to take place
within the Freeway Commercial SPA. Community special events such as a rodeo
or community fair may be permitted the following signage:
• No more than four off-site signs up to thirty-two square feet in size and eight
feet in height to publicize the event.
• Temporary advertising signing consistent with the requirements set forth in
Section V.B.
d. Commercial Special Events: Events such as grand openings and painted
seasonal holiday window displays may be permitted the following signage:
• No more than four signs, thirty-two square foot or smaller in size, eight feet
in height, on-site, freestanding special event signs.
• All other on-site special event signs can be either wall and window signs,
flags, banners and pennants. Inflatable advertising devices of a temporary
nature may be permitted. In no case shall any signage, flag, pennant, inflatable
device, or banner be placed above the roof line.
e. Comprehensive Sign Program: Any and all signs approved in a comprehensive
sign program adopted as a component of a Design Review submittal and
pursuant to the Freeway Commercial Design Plan or Master Precise Plan are
permitted.
FREEWAY COMMERCIAL DISTRICT
17
4. Signs Relating to Inoperative Activities
Signs pertaining to activities or businesses which are no longer in operation, except for
temporary closures for repairs, alteration or similar situations, shall be removed from the
premises or the sign copy shall be removed within thirty days after the premises have
been vacated. Any such sign not removed within the specified time shall constitute a
nuisance and shall be subject to removal under the provisions of this section and local
ordinance.
5. Enforcement, Legal Procedures & Penalties
Enforcement, legal procedures and penalties shall be in accordance with the enforcement
procedures established by Chapter 19.60 CVMC. Unauthorized illegal signs may be abated
by the City in accordance with local ordinance. If said sign is stored by the City, the
owner may recover said sign from the City upon payment to the City of any storage and/or
removal charges incurred by the City. The minimum charge shall be no less than three
dollars per sign. All signs removed by the City may be destroyed thirty calendar days
following removal. If any sign, in the opinion of the Zoning Administrator, is an immediate
threat to the public health and safety, said sign shall be immediately and summarily
removed with the cost of removal charged to the property owner in accordance with local
ordinances.
6. Construction & Maintenance
a. Construction
Every sign and all parts, portions and materials shall be manufactured, assembled
and erected in compliance with all applicable State, Federal and City regulations and
the Uniform Building Code.
b. Maintenance
Every sign and all parts, portions and materials shall be maintained and kept in
proper repair and safe structural condition at all times. The display surface of all
signs shall be kept clean, neatly painted and free from rust and corrosion. Any
cracked or broken surfaces, and malfunctioning or damaged portions of a sign shall
be repaired or replaced. Noncompliance with such a request shall constitute a nuisance
and will be replaced within thirty calendar days following notification of the business
by the City and will be abated.
7. Design Standards
Each sign shall be designed with the intent and purpose of complementing the architectural
style of the main building or buildings, or type of business on the site. Signs located on
institutional or community purpose sites, but in a predominantly residential area, shall take
into consideration compatibility with the residential area to the extent possible.
FREEWAY COMMERCIAL DISTRICT
18
a. Relationship to Buildings
Signs located upon a lot with only one main building housing the use which the sign
identifies shall be designed to be compatible with the predominant visual elements of
the building such as construction materials, color, or other design details. Each sign
located upon a lot with more than one main building, such as a shopping center or
other commercial or industrial area developed in accordance with a common
development plan, shall be designed to be compatible with the predominant visual
design elements common or similar in all such buildings or the buildings occupied by
the “main tenants” or principal uses.
The Zoning Administrator may place conditions of approval on any sign permit to
require incorporation of such visual elements into the design of the sign where such an
element(s) is necessary to achieve a significant visual relationship between the sign
and building or buildings.
b. Relationship to Other Signs
Where there is more than one freestanding sign located upon a lot, all such signs
shall be complementary and consider the following five design elements:
• Type of construction material (such as cabinet, sign copy or supports).
• Letter style of sign copy.
• Type or method used for support, uprights or structure on which sign is
supported.
• Sign cabinet or other configuration of sign area.
• Shape of the entire sign and its several components.
8. Landscaping
Each freestanding sign shall be located in a landscaped area which is of a shape, design and
size (equal to at least the maximum allowable sign area) that will provide a compatible
setting and ground definition to the sign. The landscape area shall be maintained in a neat,
healthy and thriving condition.
9. Illumination & Motion
Signs shall be stationary structures (in all components) and illumination, if any, shall be
maintained by artificial light which is stationary and constant in intensity and color at all
times (non-flashing).
10. Sign Copy
The name of the business, use, service and/or identifying logo shall be the dominant
message on the sign. The inclusion of advertising information such as lists of products
(more than one product), is prohibited.
FREEWAY COMMERCIAL DISTRICT
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11. Relationship to Streets
Signs shall be designed so as not to obstruct any pedestrian, bicyclist, or driver's view of
the street right-of-way.
12. Design Review & Approval
A signage plan including sign locations, size, style, materials, lettering size and style, and
any other information necessary to adequately review the proposal shall be prepared and
submitted for review and approval by the Zoning Administrator prior to construction.
Off-site signs for Town Center in the Olympic Parkway corridor are permitted, but
require, in addition to a sign permit, consideration of required input from adjacent
property owners.
E. PROPERTY DEVELOPMENT STANDARDS
The following property development standards apply to all land and buildings other than
accessory buildings authorized in the Freeway Commercial District. In FC-1, any legal lot
may be used as a building site, except no building permit shall be issued for any lot having lot
size less than 10,000 square feet.
1. General Requirements
The standards in the following table are minimums unless otherwise stated. An approved
Master Precise Plan, the contents of which are to be determined by the Zoning
Administrator, will be required for all areas within the Freeway Commercial North (FC-
2). This Master Precise Plan will establish specific design districts within FC-2 and may
limit the location of certain uses (e.g. fast food restaurants, auto repair, etc.). This Master
Precise Plan shall be prepared in accordance with the Otay Ranch Freeway Commercial
SPA Plan, Design Plan, and adopted City standards.
a) Standards for Commercial Use Districts (FC-1 and Hotel)
Purpose: The provisions of this section shall apply to commercial and hotel uses
within FC-1 and Hotel site.
FREEWAY COMMERCIAL DISTRICT
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TABLE A
COMMERCIAL PROPERTY DEVELOPMENT STANDARDS
STANDARD
DIMENSION
FC-1
Comm
FC-2 H
Hotel
Lot area, net sq. ft. (000's) 401 SP
Lot width (feet) 100 SP
Lot depth (feet) 100 SP
Front yard setback (feet to other FC zoned lot) SP SP
Side yard setback, each (feet to other FC zoned lot) SP SP
Rear yard setback (feet to other FC zoned lot) SP SP
Building setback from Olympic Parkway, EastLake
Parkway and Birch Road (measured from curb in feet)
Note: Transit Structures, signs, entry monuments, and
pedestrian oriented facilities are excluded.
75 30
Public Transit ROW setback (feet) SP SP
Internal vehicular travelway setback (measured from curb
in feet) 10 10
Building height, maximum for main building (feet) 602 65
Building feature, maximum height (feet) 75 75
Lot coverage, maximum (% net lot area) SP SP
Landscaping, minimum (% net lot area) SP SP
SP=per approved site plan. (May also be set at the Master Precise Plan or Design Review Phases).
Refer also to Section III-M, herein for property development standards for Residential uses.
1 Map for condominium development does not need to meet lot area requirement. Minimum lot area
may be reduced to 10,000 sq. ft. for master planned building complexes with Design Review
approval. Such plans shall be for a total area of no less than 60,000 sq. ft.
2 Maximum stories for buildings <20,000 square feet shall be further limited to no more than two floors, and
buildings >20,000 square feet shall be limited to no more than three floors.
b) Standards for Residential and Mixed-Use District
(1) PURPOSE
The provisions of this section shall apply to residential uses within the RM
District and mixed-use arrangement of commercial and residential uses
within the R/MU and C/MU Districts. .
FREEWAY COMMERCIAL DISTRICT
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TABLE B
FC-2 RESIDENTIAL AND MIXED-USE DEVELOPMENT STANDARDS
(RM, R/MU, AND MU)
STANDARD DIMENSION5
RM (RESIDENTIAL) R/MU (MIXED
USE)
C/MU
(MIXED USE)
Lot Size DR DR DR
Lot width and depth DR DR DR
Setbacks (front, rear,
and side yards)
DR DR DR
Architectural feature projections such as awnings, building massing projections, cantilevers,
bay windows, patio/balcony pop-outs, and other similar features are permitted to project into
a required front or rear setback for a distance not to exceed two feet, provided any adopted
Building Code requirement for separation of structures is maintained.
FAR (Floor Area
Ratio)
N/A N/A N/A
Building Height1 50' 75’1 75’1
Lot coverage
(maximum %)
DR DR DR
Landscaping
(minimum %)
DR DR DR
Parking required3 Refer to Table B. Refer to Table C,
Mixed Use.
Refer to Table C, Mixed
Use.
Common Useable
Open Space4
200 sq. ft. per unit4
Where above standards cannot be met,
up to one-third of the Common
Useable Open Space requirement may
be met through excess Private Open
Space, as long as the Private Open
Space is equally distributed among all
units.
200 sq. ft. per unit. N/A
Private Useable Open
Space (Minimum
square feet per unit)2
Studios, 1-bedroom, and units above
first story: 60 sq. ft. Ground floor
units:
80 sq. ft. for 2-bedroom units 100 sq.
ft. for 3-bedroom units
Where above standards cannot be met,
amenitized common open space will
be provided instead at a 2:1 ratio.
Note: No dimension of usable private
open space shall be less than 6 feet.
60 sq. ft. per unit.
N/A
DR= Determined by Design Review approval; NA = Not Applicable
1 Building features may exceed maximum building height with Design Review approval
2 May be modified subject to Design Review approval.
3 Requirements for bicycles parking shall be determined during the Design Review process.
4 Exceptions and alternatives that meet the intent may be approved during Design Review. Excludes driveways, drive aisles, sidewalks and walkways that serve only as access to
the units, unless they are part of a paseo or larger enhanced common useable area. Enhanced motorcourts designated as “No Parking” can count towards Open Space. 5
Dimensions approved on a Master Precise Plan shall establish the dimension requirements for Design Review.
FREEWAY COMMERCIAL DISTRICT
22
(2) COMMON USEABLE OPEN SPACE
Common usable open space (CUOS) shall be provided for all multi-family
developments. CUOS shall take the form of passive and active recreation areas
such as swimming pools, picnic areas, ball courts, paseos, etc. These areas
shall not be fragmented or consist of left over land, parking areas, areas
dedicated exclusively for access or refuse storage areas, and must be
pedestrian linked and/or easily accessible to the majority of residents in the
development. Driveway are not counted towards open space, unless they are
enhanced as plazas and not used for parking. Any portion of a lot which is
relatively level (maximum five percent grade), developed for recreational or
leisure use, and which contains 60 square feet with no dimension less than six
feet, shall be considered open space.
Where above standards cannot be met, up to one-third of the CUOS
requirement may be met through excess Private Open Space, as long as the
Private Open Space is equally distributed among all units.
(3) PRIVATE USABLE OPEN SPACE
In a high-density urban environment, the common space is what defines the
character of the neighborhood. As generously sized yards associated with
single- family development are not possible, the benefits of private open space
taking form of upstairs balconies and patios diminish in their recreational,
aesthetic, and environmental value. Private open space areas in multi-family
homes are frequently used for storage rather than for enjoyment of their
intended use due to their limited size. Expanding and enhancing common usable
open space becomes more beneficial to the residents. High quality recreational
amenities and landscaped garden areas serve for social gathering, active and
passive recreation.
The project will meet its open space requirement through a combination of
private balconies, terraces, porches, and common usable open space to satisfy
open space needs for residents.
Private usable open space (PUOS) shall be provided for all multi-family
residential dwelling units. PUOS shall take the form of yard area, porches,
decks, patios, terraces, and balconies. If intended to satisfy the PUOS
requirements, PUOS areas shall meet the Residential Development Standards
in Table D above. Where minimum requirement for individual units cannot be
met per the above allowances, the project shall provide two (2) times the
required PUOS area as highly amenitized Common Useable Open Space to
satisfy their PUOS requirement. Amenities may include community gardens,
sports courts, dog park, lounge areas, and cabanas.
FREEWAY COMMERCIAL DISTRICT
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Modifications may be allowed subject to approval by the Director of Planning
and Building.
2. Additional Requirements:
a. Conveniently located common laundry facilities shall be provided for units
which do not have individual hook-ups.
b. Conveniently located and well screened enclosures for trash and recyclables
shall be provided consistent with the City of Chula Vista’s solid waste and
recycling guidelines.
c. Mailbox kiosks shall be conveniently located throughout the complex.
d. Units may be approved for either rental, condominium ownership, or fee
simple, subject to the applicable City of Chula Vista regulations.
e. Masonry walls shall be constructed where required for noise attenuation.
F. Recreational vehicle parking areas shall be provided fully screened, unless
parking of recreational vehicles on-site is specifically prohibited.
3. Special Requirements
a. Ownership: Boundaries for several requirements are based on ownership
boundaries as of the adoption of this SPA Plan. In the event that these
boundaries are adjusted, the Zoning Administrator shall adjust the requirement to
the new ownership boundary if determined to be in substantial conformance to
the adopted plan.
b. The Enhancement Buffers, as depicted on the Land Use Districts Map (Exhibit
PC-1), identifies an enhancement area of 30 to 75 feet back from the adjacent
curb. No buildings greater than 25,000 square feet may encroach into this buffer
zone. Buildings less than 25,000 square feet may only encroach where it can be
clearly demonstrated that encroachment improves pedestrian orientation,
provides pedestrian oriented amenities and does not negatively impact the
streetscape. Parking areas, drive aisles, driveways, seating areas, and patios may
encroach, subject to Design Review approval, providing parking is screened and
the encroachment is for a limited distance as opposed to a continuous
encroachment. Transit lanes and station facilities may be located within the
buffer zone.
c. Design Review and Site Plan and Architectural approval shall be required for all
uses within the Freeway Commercial Districts. Site plans and architectural
designs shall comply with the provisions of the Freeway Commercial Design
FREEWAY COMMERCIAL DISTRICT
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Plan. Submittals shall, at a minimum, include an entire Design Review Area as
shown on Exhibit PC-2 and contain the information required per Chapter III
Design Review Process of the Design Plan. As an alternative to preparing
detailed plans for an entire Design Review Area, a Precise Plan may be approved
for the entire area and implemented through phased Design Review approvals.
The subsequent phases shall be reviewed for consistency with the Precise Plan.
Public notice to property owners within five hundred feet of the project shall be
provided for all reviews requiring public hearings.
The area on Exhibit PC-2 designated as “Orange” is primarily intended for
hotels. The area designated as “Red” is primarily intended for mixed-use, with
multi-family and commercial uses. The areas designated “Yellow” is primarily
intended for multi- family residential uses, including a centrally located urban park
(”Blue”). These areas shall be developed in phases based on an overall Master
Precise Plan, which will satisfy many of the components of the required Design
Review requirements.
The area on Exhibit PC-2 designated as the “Green” Planning Area is intended
for a major regional retail facility, which will have Design Review performed in
phases as follows:
1. Initial Master Plan Level: This will be subject to Design Review of the
regional retail facility on an overall basis, including the site plan and
arrangement of buildings and parking areas. At this level an overall signing
program, landscape design, and architectural standards shall be established.
The Design Review Committee shall review and approve the project at this
level.
2. Major Buildings Design Review. This will include the Design Review of any
single building (user) in excess of 20,000 square feet. The Design Review
Committee shall review and approve all major buildings at this level.
3. Design Review for individual free-standing buildings (<20,000 square feet),
The Zoning Administrator shall review and approve the Administrative
Design Review at this level.
4. Individual tenant store fronts, specific signs requiring a sign permit, or other
similar improvements shall be reviewed and approved by the Zoning
Administrator during the building permit process.
FREEWAY COMMERCIAL DISTRICT
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EXHIBIT PC-2
FREEWAY COMMERCIAL DISTRICT
26
F. PARKING & LOADING FACILITIES
These regulations are for the purpose of providing convenient on- and off-street parking space
for vehicles. The parking requirements of this section are to be considered as the minimum
necessary for such uses permitted by the respective zone. All parking lots shall be subject to the
requirements of the City of Chula Vista Storm Water Manual, dated January 2011.
The intent of these regulations is to provide adequately designed parking areas with sufficient
capacity and adequate circulation to minimize traffic congestion and promote public safety. It
shall be the responsibility of the developer, owner, or operator of the specific use to provide
and maintain adequate off-street parking.
1. Size and Access Requirements
The following property development standards shall apply to all parking areas:
a. General Requirements
The following are minimums unless otherwise stated:
1) Automobile:
Standard:
• Uncovered: 9 feet by 19 feet each space
• Covered in a garage: 9 feet by 19 feet for single-car garage
18 feet by 20 feet for side-by-side two-car
garage 10 feet by 39 feet for tandem two-car
garage
Size and configuration of automobile parking spaces shall, as a minimum, comply with the
City of Chula Vista’s adopted parking table (PL-30) which establishes stall sizes relative to
parking angle and aisle width.
2) Motorcycle Space: 4 feet by 8 feet each space
3) Bicycle Space: 2 feet by 6 feet each space or as provided in a
manufactured storage rack/device
4) Motorized Cart Space: 4 feet by 6 feet each space; may also use
automobile spaces
• Automobile, handicapped, motorized cart, motorcycle, and bicycle spaces: All
parking stalls and maneuvering areas shall be paved and permanently maintained
with asphalt, concrete or any other all-weather surfacing approved by the
Zoning Administrator and subject to current City standards. All parking
facilities shall be graded and drained to provide for the disposal of all surface
water on the site, except as may be deemed preferable to satisfy NPDES
FREEWAY COMMERCIAL DISTRICT
27
requirements.
Off-street parking areas for more than three vehicles shall be provided with a
concrete curb not less than six inches in height to confine vehicles to the
parking area.
6) Striping & Identification
a) Automobile: All parking stalls shall be clearly outlined with lines on the
surface of the parking facility.
b) Handicapped: All handicapped spaces shall be striped and marked
according to the applicable State standards.
c) Motorcycle: All motorcycle spaces shall have bollards installed and
appropriately spaced to prevent automobile usage of the motorcycle area.
Motorcycle spaces shall be marked so that they can be clearly identified for
motorcycle use.
d) Bicycle: All bicycle parking facilities shall be clearly visible.
7) Storm Water Management: Parking lots of 5,000 square feet or more or
containing 15 or more parking spaces, and potentially exposed to urban runoff,
shall comply with the City of Chula Vista Urban Storm Water Mitigation Plans
(SUSMPs).
b. Access & Driveways
1) No parking area may be located so as to require or encourage the backing of
automobiles or other vehicles across any street lot line, to effect egress from the
places of parking.
2) Driveways for parking areas shall be a minimum of fifteen feet wide for one-
way traffic and twenty-four feet wide for two-way traffic. The minimum vertical
clearance shall be ten feet to allow for the passage of emergency vehicles, based
on minimum standards administered by the Director of Engineering.
3) All aisles and turning areas shall be adequate to provide safe and efficient
access to and from parking spaces, based on minimum standards administered by
the city traffic engineer.
c. Special Requirements
1) Shared parking may be permitted pursuant to the following criteria:
a) The applicant shall show that there is no substantial conflict in the principal
FREEWAY COMMERCIAL DISTRICT
28
operating hours of the buildings or uses for which the shared parking is
proposed.
b) Parties involved in the shared use of a parking facility or facilities shall
evidence agreement for such shared use by a proper legal instrument
approved by the City Attorney as to form and content.
c) Any shared parking facility shall be provided with adequate signs on the
premises indicating the availability of that facility for patrons of the
participating uses.
2) All shopping cart storage areas shall be screened from public view from the
parking lot areas and public streets.
2. Number of Spaces Required for Designated Land Use
a. The number of parking spaces required shall be as set forth in the table below.
FREEWAY COMMERCIAL DISTRICT
29
TABLE C
PARKING REQUIREMENTS
LAND USE MINIMUM OFF-STREET PARKING REQUIRED
Commercial (FC-1 and Hotel)
Administrative & professional services offices
1 space/300 square feet of gross floor area; minimum 4
spaces
Appliance, furniture, home furnishings store 1 space/600 square feet of gross floor area
Auto or truck sales 1 space/10 car storage/display spaces
Bowling alley or billiard hall
5 spaces/alley plus 2 for each billiard table plus required
parking of any other uses on the site
Eating & drinking establishment (non-fast food)
1 space/each 2½ seats or 1 space/50 square feet of seating
area where there are no fixed seats
Fast food restaurant w/ drive-in or drive through
1 space/each 7 seats plus 1 space per employee, minimum
15 spaces and on-site queue line for at least 8 vehicles
when drive through is included
Gasoline dispensing and/or automotive services
stations 2 spaces plus 4 for each service bay
Hotel or motel 1 space per room
Medical, dental or veterinary office or clinic
1 space/200 square feet of gross floor area; minimum 5
spaces
Theater, movie 1 space/3½ seats
Shopping Center and General Commercial, not
otherwise listed
1 space/200 square feet of gross floor area (5:1000 sf) Max.
10% of sq. ft. may be restaurants on this basis.
Major Regional Retail Facility (>500,000 square
feet)
4.5 spaces per 1,000 square feet as an overall blended total
for all uses (including shared park & ride spaces).
Public and Semi-public Uses
Day nurseries, daycare schools, nursery schools
1 space/staff member plus 2 spaces/5 children or 1
space/10 children if adequate drop-off facilities are
provided. Drop-off facilities must be designed to
accommodate a continuous flow of passenger vehicles to
safety load and unload children. The adequacy of proposed
drop-off facilities shall be determined by the Zoning
Administrator.
College or vocational school
1 space/2 faculty member or employee plus 1 space/3
students
Place of public assembly
1 space/3½ seats within the main auditorium or 1 space/45
square feet of gross floor area within the main auditorium
where there are no fixed seats
Public utilities, civic uses To be determined by the Zoning Administrator
FREEWAY COMMERCIAL DISTRICT
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TABLE C- CONTINUED
LAND USE MINIMUM OFF-STREET PARKING
REQUIRED*
West Residential
RM
2 assigned covered spaces/unit plus minimum
0.33 guest spaces/unit.
Tandem garage spaces are permitted. A two-car
tandem garage will count as 1.75 parking spaces. The
remaining 0.25 spaces will be provided as common
unassigned parking.
Senior, Congregate Care, or Affordable Housing
To be determined by Design Review. Tandem spaces
are permitted. Parking requirements may be reduced
for developments restricted to Affordable and Senior
Citizens at the discretion of the Planning Commission
through a Conditional Use Permit procedure.
Mixed-Use**
R/MU
Studio units: 1.0 spaces/unit
1-bedroom units: 1.5 spaces/unit
2-bedroom units: 2.0 spaces/unit
3-bedroom units: 2.25 spaces/unit
Guest parking ratio of 0.33 is included in above ratios.
C/MU 4 spaces per 1,000 sq. ft.
* Parking on Town Center Drive shall not be used to satisfy residential parking requirements.
**Parking on Town Center Drive may be used to satisfy the Commercial component of Mixed
Use parking requirements.
FREEWAY COMMERCIAL DISTRICT
30
b. Handicapped Parking Requirements
a. Handicapped parking for residential uses shall be provided at the rate of one
space for each dwelling unit that is designated for occupancy by handicapped
persons.
b. Handicapped parking spaces for all uses, other than residential, shall be
provided at the following rate:
TABLE D
REQUIRED HANDICAPPED PARKING
NUMBER OF AUTOMOBILE
SPACES PROVIDED
NUMBER OF HANDICAPPED
SPACES REQUIRED
1 – 25 1
26 – 50 2
51 – 75 3
76 – 100 4
101 – 150 5
151 – 200 6
201 – 300 7
301 – 400 8
401 – 500 9
501 – 1000 2% of Total Spaces
Over 1000
20 plus 1 space for every 100
spaces (or fraction thereof)
over 1001
2) Handicapped parking spaces required by this section shall count toward
fulfilling off-street automobile parking requirements.
c. Bicycle Parking Requirements
Commercial uses are required to install bicycle parking facilities providing a
minimum of four bicycle parking spaces per tenant/user greater than 25,000 square
feet. Bicycle parking facilities shall be stationary storage racks or devices designed
to secure the frame and wheel of the bicycle. Bicycle parking facilities shall be
distributed throughout the commercial center and located in close proximity to the
entrance of each commercial use requiring provision of the facility.
Commercial uses in FC-2 that are specifically related to bicycle sales and repair
should consider providing changing rooms and showers.
FREEWAY COMMERCIAL DISTRICT
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d. Motorcycle Parking Requirements
Motorcycle parking areas shall be provided for all uses at the following rate:
• Uses with 25 to 100 automobile parking spaces shall provide one designated
area for use by motorcycles (minimum two spaces).
• Uses with more than 100 automobile parking spaces shall provide motorcycle
parking areas at the rate of one motorcycle parking area (minimum two spaces)
for every 100 automobile parking spaces provided.
e. Fuel Efficient Vehicle Parking Requirements
Parking spaces for electric vehicles, if provided, shall satisfy the amount of
conventional parking space requirements. The project shall meet all City of Chula
Vista requirements for electric vehicle parking.
f. On-Street Parking
On-street parking may be permitted on the internal streets and drives, subject to
approval by the City Engineer. Any approved on-street parking may be applied to
meet the parking requirements for adjacent uses. The assignment of specific spaces
to individual buildings/uses shall be made in the Design Review approval, or as
specified on an approved the Master Precise Plan.
On-street parking restrictions, enforcement, and provisions for dual-use spaces shall
be under the control of the home or business owners association for the mixed-use area
in MU.
3. Loading Facilities
a. Adequate loading area shall be provided for each building and/or user such that
loading operations do not interfere with public access and circulation. If
feasible, separate access and circulation routes shall be provided for loading and
service areas.
b. Loading and service areas shall be located to the rear of buildings to minimize
visibility from right-of-ways, circulation conflicts and adverse noise impacts,
unless specifically approved in Design Review. Any loading and/or service area
which would be visible from Olympic Parkway, EastLake Parkway or Birch
Road shall be adequately screened to maintain the streetscape appearance.
c. Loading facilities shall be adequately screened from adjacent land uses along
the boundary of FC-1 and FC-2 by walls and covered trellises.
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d. Loading/unloading facilities shall implement Best Management Practices (BMPs)
to prevent pollution of the storm drainage systems. Storm drain inlets shall not
be located near the loading/unloading areas.
4. General Provisions
a. Parking facilities, for both motor vehicles and bicycles, shall be provided for any
new building constructed; for any new use established; for any addition or
enlargement of an existing building or use; and for any change in the
occupancy of an existing building.
b. For additions or enlargement of any existing building or use, or any change of
occupancy or manner of operation that would increase the number of parking
spaces required, the additional parking spaces shall be required only for such
addition, enlargement or change, not for the entire building or use, unless
required as a condition of approval of a Conditional Use Permit.
c. The required parking facilities needed for any development shall be located on
the same site or, if an irrevocable access and/or parking easement is obtained, the
parking may be on an adjacent site. Property within the ultimate right-of-way
of a Commercial Promenade Street may be used, to the extent available, and
subject to sight distance criteria per City standards, to provide required on-site
parking or loading/unloading facilities so long as at least one stall is provided
on site.
d. All required off-street parking spaces shall be designed, located, constructed,
and maintained to be fully usable during workday periods or as needed by the
use of the premises. Temporary uses for which a temporary use permit has been
secured may utilize parking areas as allowed by the temporary use permit.
e. Where the application of these schedules results in a fractional parking space,
the fraction shall be rounded to the higher whole number.
f. The parking requirement for uses not specifically listed in the matrix shall be
determined by the approval body for the proposed use on the basis of requirements
for similar uses, and on any traffic engineering and planning data that is
appropriate to the establishment of a minimum requirement.
g. In situations where a combination of uses are developed on a site, parking shall
be provided for each of the uses on the site according to the schedule given in
this section.
h. Parking areas shall be separated from buildings by landscaping, bollards, and/or
a raised concrete walkway. Parking lots shall be designed so that pedestrians
will generally walk parallel to the flow of vehicles when approaching the
SPECIAL USES & CONDITIONS
41
adjacent building.
i. All parking facilities required by this section shall be maintained in good
operating condition for the duration of the use requiring such facilities. Such
facilities shall be used exclusively for the parking of vehicles. Parking facilities
shall not be used for the storage of merchandise, or, for the storage or repair of
vehicles or equipment. Parking facilities shall not be used for the sale of
merchandise, except on a temporary basis, pursuant to Section V.B Temporary
Uses.
j. A maximum of five drive-through facilities for fast food restaurants are
permitted within the Freeway Commercial SPA.
5. Parking Screening Requirements
Off-street parking areas for more than five vehicles, adjacent to a public street, shall be
effectively screened by a ten-foot wide landscaped strip. The requirements specified herein
may be eliminated in whole or in part where, in the opinion of the zoning administrator,
such requirements are not necessary for the proper protection of abutting property because
of substantial grade differentials, the existence of adequate walls or other equally valid
reasons.
6. Parking Area Landscaping
a. Parking areas shall be landscaped in accordance with the City’s Landscape
Manual and Freeway Commercial SPA Design Plan (Section II.A.4).
b. Any unused space resulting from the design of the parking area shall be used
for landscaping purposes, if determined to be of appropriate size and location.
Refer to the Freeway Commercial SPA Design Plan (Section II.C.6) for
additional guidelines relating to parking lot landscaping.
c. All landscaped parking lot islands shall have a minimum inside dimension
(landscaped area) of three feet and shall contain a twelve-inch-wide walk
adjacent to the parking stall and be separated from vehicular areas by a six inch
high, six inch wide concrete curbing.
d. All landscaped areas shall be irrigated automatically with reclaimed water and
kept in a healthy and thriving condition free from weeds, debris and trash.
7. Parking Area Lighting
All parking facilities shall have lighting in accordance with City of Chula Vista standards.
The lighting shall be designed and installed with cut-offs to confine direct rays to the site.
Parking lot light standards shall be a maximum height of 35 feet from the finished grade of
the parking surface in the major parking fields and directed away from the property lines.
Light standards in pedestrian oriented areas shall not exceed 12 feet in height.
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42
G. OUTDOOR STORAGE & SALES AREAS
Except where otherwise approved on a site plan, outdoor storage areas shall be entirely enclosed
by solid walls not less than six feet in height to adequately screen outdoor storage areas. Stored
materials shall not be visible above the required walls.
Permanent outdoor sales areas shall be screened to improve site aesthetics when viewed from a
distance, but the screening materials need not be solid or opaque. Filtered, close-range views
of the materials for sale are allowed. Screening materials and design shall be consistent and
integrated with the design and materials of the adjacent commercial building.
H. TRASH STORAGE & RECYCLING FACILITIES
A. Commercial:
1. All developments shall provide areas for trash storage. These areas shall be enclosed
within a minimum five-foot high masonry wall, or higher if deemed necessary in site
plan approval, to adequately screen the trash area, built to standards adopted by the
City for a freestanding wall and shall be designed to accommodate the trash
containers used by the trash service company contracted with the City. Recycling
facilities, including compactors and similar equipment, shall be located adjacent to
trash storage areas and similarly screened from view. Recycling facilities shall be
designed to meet best management practices and current available technologies.
2. The number of containers required shall be not less than required by the sanitary
service operator on the site and a specified number by the zoning administrator for all
commercial or other uses as determined by the actual use.
3. Trash areas shall be kept neat and clean. Storage enclosures or containers for
recyclables shall be designed to protect stored materials from the elements or
spilling.
4. The location of any trash area(s) shall be approved on the Design Review site plan and
not block circulation during loading operations.
5. The trash and recycling facilities enclosure shall be permanently maintained.
6. Trash storage areas and recycling facilities shall be located away from storm drain
inlets and be covered, bermed or otherwise protected to prevent rainwater from
reaching stored materials and/or the flow of polluted water from such materials onto
paved areas and into storm drains.
B. Residential
Residential projects will comply with the Recycling and Solid Waste Standards for
SPECIAL USES & CONDITIONS
43
central collection bin services or accommodate the storage and curbside pickup of
individual trash, and recycling containers (2 total), as approved for a small-quantity
generator, to the satisfaction of the Director of Public Works and the Waste
Management Manager.
I. WALL REQUIREMENTS
There shall be no zoning wall requirement for development within the Freeway
Commercial SPA. Any walls deemed necessary shall be approved as part of the
Master Precise Plan and shown on the Design Review submittal.
J. LANDSCAPING
Required landscaping shall be identified on the approved site plan. Said landscaping
shall consist predominantly of plant materials except for necessary walks and drives.
All planting and irrigation shall be in accordance with the City Landscape Manual. All
required landscaping shall be permanently maintained in a healthy and thriving
condition, free from weeds, trash and debris.
K. PERFORMANCE STANDARDS
1. The noise level emanating from any commercial use or operation shall not exceed
the standards established in the Chula Vista Municipal Code.
2. All ground mounted mechanical equipment, including heating and air conditioning
units, backflow prevention devices, and trash receptacle areas, shall be completely
screened from public view and surrounding properties by use of a wall or fence, or
shall be enclosed within a building. No material or equipment so screened shall
have a height greater than that of the enclosing wall, fence or building. Structural
and design plans for any screening required under the provisions of this section
shall be approved by the Director of Planning as part of the Design Review process.
3. All roof appurtenances including, but not limited to, air conditioning units, and
mechanical equipment shall be shielded and architecturally screened from view
from on-site parking areas, internal circulation routes and adjacent public streets.
4. Reciprocal ingress and egress, circulation and parking arrangement shall be
required to facilitate the ease of vehicular movement between adjoining
properties. Provisions shall be integrated into the circulation design to permit the
Freeway Commercial district to function as an integrated commercial center.
5. All light sources shall be shielded in such a manner that the light is directed away
from streets or adjoining properties. Safety and security lighting may be placed a
maximum of 35 feet above grade. Illuminators should be integrated within the
architecture of the building. Lighting plans shall be submitted and approved as a
part of the Design Review process.
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44
6. All utility connections shall be designed to coordinate with the architectural
elements of the site so as not to be exposed to public view except where required
by utility provider. Pad mounted transformers and/or meter box locations shall be
included in the site plan with an appropriate screening treatment such as berms,
walls and/or landscaping.
7. There shall be no emission on any site, for more than one minute in any hour, of
air contaminants which, at the emission point or within a reasonable distance of
the emission point, are as dark or darker in shade as that designated as No. 1 on the
Ringelman Chart as published by the United States Bureau of Mines Information
Circular #7718.
8. No use shall be permitted which creates an offensive odor, in such quantities as to
be readily detectable beyond the boundaries of the lot on which it was created,
except the normal odors coming from restaurants and cooking establishments.
9. Buildings should be located on the site to provide adjacent buildings adequate
sunlight for solar access when practical. Buildings should be designed to
minimize energy consumption, including but not necessarily limited to the
following conservation measures:
• Co-generation
• Windows placement
• Shading for windows
• Deciduous shade trees on southerly or westerly orientations
• Dual glazing and improved insulation
• Energy efficient lighting
• Recycling
10. Automobile service, washing and rental facilities shall have designated areas
for washing and detailing vehicles which are equipped with water recycling
units, shall drain to the sanitary sewer system, or use other measures deemed
appropriate by the Zoning Administrator.
11. All food preparation facilities shall have grease traps on their sanitary sewer
connections and have designated areas for washing floor mats, or mops which
drain to the sanitary sewer system.
12. Nurseries and garden supply stores/areas shall implement BMPs to prevent flow
or polluted rainwater or irrigation water into the storm drainage system. Typical
pollution from such areas includes sediments, fertilizers, pesticides and
herbicides.
13. Arcade and Electronic games facilities shall be designed and operated in a
manner that discourages illegal activities and truancy.
SPECIAL USES & CONDITIONS
45
L. PARK AND RIDE FACILITIES:
The required 200 Park and Ride spaces within the Major Regional Retail Facility may
use shared parking standards, without an increase in parking spaces otherwise required,
providing the parking area is identified by signing as available for Park & Ride use
from the hours of 6:00 AM to 6:00 PM and available for general use after 6:00 PM.
SPECIAL USES & CONDITIONS
46
SPECIAL USES & CONDITIONS
47
IV. Special Uses & Conditions
A. PURPOSE
This section provides additional regulation for special uses and conditions which require
special review standards beyond those of the basic land use districts. Temporary uses and
recreation amusement facilities are addressed in this section. Where this section
prescribes regulation, which is more restrictive than that of the Land Use District, the
provisions of this section shall apply.
B. TEMPORARY USES & SPECIAL EVENTS
1. Purpose
The provisions of this section shall apply to uses allowed for a limited amount of time, as
specified herein. Temporary uses are subject to administrative approval by the Zoning
Administrator, except as noted.
2. Temporary Uses Listed
a. Circuses, rodeos, parades or similar outdoor entertainment or enterprises,
subject to not more than five days of operation in any calendar year. Requests
exceeding these time limitations will require a Conditional Use Permit.
b. Christmas tree sales, Halloween pumpkin sales and other holiday sales subject to
not more than forty days of site occupation and operation in any calendar year.
c. Outdoor art and craft shows and exhibits, subject to not more than three calendar
days of operation or exhibition in any sixty-calendar day period.
d. Contractors' offices and storage yards on the site of an active construction
project.
e. Mobile home residences for security purposes on the site of an active
construction project.
f. Charitable or school sponsored drop-off bins for recycling of cans, newspapers,
or similar items, or for drop-off of clothes and small items. Bins shall be located
in the parking lots of businesses or other public or semi-public property on a
temporary basis when written permission is granted by the property owner or
business owner. Said bins shall be kept in a neat and orderly manner. Collection
of bottles, cans and newspapers shall also be regulated by Chapter 19.58.345
CVMC.
g. Temporary tract signs for marketing purposes.
h. Additional uses determined to be similar to the foregoing in the manner
prescribed by these regulations.
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3. Permits & Bonds
All temporary uses shall be subject to the issuance of a Temporary Use Permit by the
Zoning Administrator and other necessary permits and licenses, including but not limited
to, building permits, sign permits and solicitors or vending licenses. In the issuance of
such a permit, the Zoning Administrator shall indicate the permitted hours of operation and
any other conditions, such as walls, fences or lighting, which are deemed necessary to
reduce possible detrimental effects to surrounding developments and to protect the public
health, safety and welfare. Prior to the issuance of a permit for a temporary use, a cash
deposit may be required to be deposited with the City. This cash deposit shall be used to
defray the costs of property cleanup by the City in the event the permittee fails to do same.
4. Extension or Modification of Limits
Upon written application, the Zoning Administrator may extend the time within which
temporary uses may be operated or may modify the limitations under which such uses may
be conducted if the Zoning Administrator determines that such extension or modification
is in accord with the purposes of the zoning regulations.
5. Condition of Site Following Temporary Use
Each site occupied by a temporary use shall be left free of debris, litter or any other
evidence of the temporary use upon completion or removal of the use and shall thereafter
be used only in accord with the provisions of the zoning regulations.
6. Fee
The application shall be accompanied by a fee established by the Master Fee Schedule to
cover the cost of processing the application prescribed in this section.
C. RECREATIONAL FACILITIES
Construction of recreation courts, including necessary fencing and lighting, may be
permitted subject to administrative review and a finding that adjacent properties will not
be unduly affected.
Recreation courts shall meet the following minimum standards:
2. A maximum 20-foot high fence (measured from the finished grade of the court) shall
be allowed. Fences shall include a screening material which screens the court activity
from off-site view and which improves the appearance of the fence.
3. Setbacks for the court shall be: Side yard: 10 feet; Rear yard: 10 feet
SPECIAL USES & CONDITIONS
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4. Maximum of eight lights permitted, mounted at a height not to exceed twenty-two feet.
All lights and light fixtures shall be certified by a qualified lighting engineer to:
a) Be designed, constructed, mounted and maintained such that, the light source is
cut off when viewed from any point five feet above the ground measured at the
lot line.
b) Be designed, constructed, mounted and maintained such that the maximum
illumination intensity measured at the wall of any residential building on
abutting property shall not exceed ½ foot candle above ambient levels.
c) Be used between 7:00 a.m. and 10:00 p.m.
5. The surface area of any recreational court shall be designed, painted, colored and/or
textured to reduce the reflection from any light incident thereon.
6. Landscaping shall be installed as required between the fence and the property line.
LEGISLATIVE PROCEDURES
43
V. Legislative Procedures
A. PURPOSE
Zoning is a legislative act involving police power asserted in the interests of the public
health, safety and general welfare. These Planned Community District Regulations are
adopted to provide zoning for the Freeway Commercial SPA of the Otay Ranch Planned
Community.
B. ADOPTION OF PLANNED COMMUNITY DISTRICT REGULATIONS
These Planned Community (PC) District Regulations are adopted pursuant to Title 19,
Zoning, of the Chula Vista Municipal Code and are intended to implement and integrate
the Chula Vista General Plan, the Otay Ranch General Development Plan (GDP), and
the Freeway Commercial Sectional Planning Area (SPA) Plan. The SPA is zoned P-C
Planned Community pursuant to the adoption of the Otay Ranch GDP and Chapter 19.48
CVMC. These regulations provide for the implementation of the GDP and P-C zone by
setting forth the development and use standards for all property within Otay Ranch
Freeway Commercial SPA Planned Community District.
These PC District Regulations, along with the Freeway Commercial SPA Plan, delineate
precisely the allowable use of the property.
C. AMENDMENTS
Application for any change in district boundaries, use listing, property development
standard or any other provision of these regulations shall be considered a zone change and
be processed in accordance with the provisions of Chapter 19.12 CVMC. Approval of a
zone change requires affirmative action following a public hearing by both the Planning
Commission and City Council.
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES
44
VI. Administrative Procedures, Conditional Uses & Variances
A. PURPOSE & INTENT
The purpose of this chapter is to define certain administrative procedures and
requirements to provide clear instructions and notice to property owners and developers
within Freeway Commercial SPA regarding permit and plan approvals. The general intent
of these regulations is to use the standard procedures provided in Chapter 19.14 CVMC
except where special procedures are required or defined herein.
The administration of the Freeway Commercial SPA Plan shall be as provided for in
Chapter 19.48.090 et. seq. CVMC, except that the Zoning Administrator may accept less
detail or require additional detail to suit the development concepts included in the SPA
plan.
For matters relevant to the proper development and use of property within Freeway
Commercial SPA and not addressed herein, the provisions of Title 19 CVMC (Zoning
Ordinance) shall apply. In the event of conflicting standards, these Planned Community
District Regulations shall apply.
B. ZONING ADMINISTRATOR - AUTHORITY
The Zoning Administrator is authorized to consider and to approve, disapprove or modify
applications on the following subjects and/or issue the following required permits without
setting the matter for a public hearing:
1. Conditional Use Permit
The Zoning Administrator shall be empowered to issue Conditional Use Permits, as
defined herein, in the following circumstances:
a. Where the use requiring the permit would make use of an existing building and does
not involve substantial remodeling thereof.
b. For signs, as defined herein, and temporary tract houses, as limited herein.
c. Establishments that include the sale of alcoholic beverages for off- site use or
consumption. The Zoning Administrator shall hold a public hearing in accordance with
Section 19.14.060-19.14.090 of the CVMC (Chapter 19.14 Administrative Procedures,
Conditional Uses and Variances: sections .060 = Conditional Use Permit - Defined-
Purpose and Intent, 090 = Conditional Use Permit - Public Hearing Procedure - Finding
of Facts and .080 = Conditional Use Permit - Prerequisites For Grading) of the CVMC
upon giving notice thereof in accordance with Sections 19.12.070-19.12.080 of the
CVMC (Chapter 19.12 Legislative Zoning Procedures: Sections .070 = Hearings -
Notices Required - Methods And Additional Contents Of Notice, And .080 = Hearings -
Notice Required – Contents) A Conditional Use Permit shall not be granted unless the
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES
45
Zoning Administrator or other issuing authority finds in his/her sole discretion, and based
on substantial evidence in view of the entire record, that all of the facts required by Section
19.14.080 of the CVMC (Administrative Procedures,
Conditional Uses and Variances: Conditional Use Permit - Prerequisites for Grading) of
the CVMC exist, and that approval of the permit will not result in an over concentration
of such facilities. Over concentration may be found to exist based on: 1) the number and
location of existing facilities; 2) compliance with State Alcohol Beverage Control over
concentration standards in effect at the time of project consideration; 3) the impact of
the proposed facility on crime; and, 4) the impact of the proposed facility on traffic
volume and traffic flow. The Police Department or other appropriate City departments
may provide evidence at the hearing. A permit to operate may be restricted by any
reasonable conditions including but not limited to limitations on hours of operation.
d. The City Clerk shall inform the City Council of the decision on each such permit when
the decision is filed in accordance with Section 19.14.090 of the CVMC (Administrative
Procedures, Conditional Uses and Variances: Conditional Use Permit - Public Hearing
Procedure - Finding of Facts). The decision of the Zoning Administrator may be
appealed.
e. Such appeal shall be directed to the City Council, rather than the Planning Commission,
and must be filed within 10 days after the decision if filed with the City Clerk, as
provided in Section 19.14.100 of the CVMC (Administrative Procedures, Conditional
Uses and Variances: Conditional Use Permit – Appeals Procedure Generally.) If appealed
within the time limit, said appeal shall be considered in a public hearing conducted by the
City Council, in the same manner as other appeals pursuant to Sections 19.14.120 and
19.14.130 of the CVMC (Administrative Procedures, Conditional Uses and Variances:
sections .120 – Conditional Use Permits – Appeal - City Clerk - Duties and section .130 –
Conditional Use Permits – Appeal - City Council Action – Resolution) of the CVMC,
except that the Council must make the same written findings required of the Zoning
Administrator herein, in order to grant the permit.
2. Variances
The Zoning Administrator shall be authorized to grant variances for limited relief in the case
of:
a. Modification of distance or area regulations.
b. Additions to structures, which are nonconforming as to side yard, rear yard or lot
coverage, providing the additions meet the requirements of the zoning ordinance affecting
the property.
c. Walls or fences to exceed heights permitted by ordinances. Modifications requested in
said applications for relief to be administered with the requirement for a public hearing
shall be limited to deviations not to exceed 25% of the requirements imposed by
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES
46
ordinances.
3. Site, Architectural and Landscape Plan Approvals
The Zoning Administrator shall be empowered to grant site plan, architectural plan and
landscape plan approval as provided herein.
4. Performance Standard Procedure
The Zoning Administrator shall be authorized to issue a zoning permit for uses subject to
performance standards procedures, as provided herein.
5. Home Occupations
The Zoning Administrator shall be authorized to grant permits for home occupations, as
defined and regulated in Section 19.14.490 of the CVMC (Administrative Procedures,
Conditional Uses and Variances: Home Occupations Permit Required when – Restrictions
and Requirements).
6. Design Review
The Zoning Administrator (ZA) has the discretion, with the concurrence of the applicant, to
act in the place of the Planning Commission (PC) in the case of minor projects, including
new construction or additions to signs, commercial, industrial, or institutional projects
which constitute less than a 50% increase with a total floor area of 20,000 square feet or
less, any multi-family residential projects of ten units or less. A decision of the Zoning
Administrator may be appealed to the City Council as set forth in Section 19.14.583
(Planning Commission – Appeal Procedure) of the CVMC.
a. Legal description, legend, scale, north arrow, vicinity map and identification of designer.
b. The boundary lines of subject property fully dimensioned together with the name and
dimensions of adjoining streets.
c. Existing topography and proposed grading plan showing, slope, retaining walls, pad
elevations and percent of slope on streets, driveways and other graded areas.
d. Existing and proposed streets, utilities and easements
e. Access: Pedestrian, vehicular and service, points of ingress and egress, with driveway
locations and dimensions.
f. Loading and trash areas, walls and/or fences (including height).
g. Proposed location, height and dimensions of buildings, including color and materials
on all elevations. The floor area, number of stories, number of units and bedrooms (when
applicable) shall be given. Proposed uses shall be indicated including floor area devoted
to each use.
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES
47
h. Parking layout, including dimensions, number of stalls and circulation flow.
I. Location, height and size of signs proposed on the property.
j. All Landscape Areas: Such areas shall be defined with a written proposal outlining the
landscaping concept, as well as the proposed method of irrigation. In addition, all
existing trees on the site shall be identified with a note as to proposed disposition.
k. Lighting, including the location, type and hooding devices to shield adjoining properties.
l. Location and design of recreational areas.
The Zoning Administrator shall determine from data submitted whether the proposed use
will meet the development standards and design guidelines established in the e Design Plan,
and shall approve the application upon making a positive finding. The application may be
disapproved, may be approved as submitted or may be approved subject to conditions,
specific changes or additions. The approval of the Zoning Administrator shall be noted by
endorsement upon two copies of all sketches.
In carrying out the purpose of this division, the Zoning Administrator shall consider in
each specific case any or all of the following principles as may be appropriate:
a. It is not a purpose of this section to control design character so rigidly that individual
initiative is stifled in the layout of any particular building or site and substantial
additional expense incurred; rather, it is the intent of this division that any control
exercised be the minimum necessary to achieve the over-all objective of the Freeway
Commercial SPA plan and associated regulatory documents.
b. The siting of any structure on the property, as compared to the siting of other structures
in the immediate neighborhood, shall be considered.
c. The size, location, design, color, number, lighting and materials of all signs and
outdoor advertising structures shall be reviewed. No sign shall be approved in excess of
the maximum limits set herein.
d. Landscaping as provided in accordance with the Freeway Commercial SPA Plan and
associated regulatory documents shall be required on the site and shall be in keeping with
the character or design of the site and existing trees shall be preserved whenever
possible.
e. Ingress, egress and internal traffic circulation shall be so designed as to promote
convenience and safety.
7. Substantial Conformance:
The Zoning Administrator may determine a variation in an application from an adopted
SPA document or statistic is in substantial conformance to the adopted document,
subject to the findings below and providing the statistical variation is less than ten
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES
48
percent.
8. Zoning Administrator - Required Findings:
a. That the proposed project or use is consistent with the Chula Vista General Plan
and adopted policies of the city;
b. That the proposed project or use is consistent with, or found to be in substantial
conformance with, the SPA Plan, the purpose and intent of these Planned
Community District Regulations, and the Design Plan;
c. That the proposed project or use will not, under circumstances of the particular
case, be detrimental to the health, safety or general welfare of persons residing or
working in the vicinity, or injurious to property or improvements in the vicinity;
and,
d. That the proposed project or use is consistent with the principles and overall
quality of design established for the Otay Ranch Planned Community.
In regard to applications on any of the aforementioned subjects, the Zoning
Administrator shall set a reasonable time for the consideration of the same and give
notice thereof to the applicant and to other interested persons as defined in the Chula
Vista Municipal Code. In the event objections or protests are received, the Zoning
Administrator shall set the matter for public hearing as provided herein.
C. PLANNING COMMISSION
The Planning Commission shall review applications or conditional use permits and shall
approve, conditionally approve or deny such plans. In cases which the application meets the
criteria of Section
VI.B.1 above, the application shall be directed to the Zoning Administrator.
The Planning Commission shall review all appeals filed to contest sign design rulings of the
Zoning Administrator.
The Planning Commission shall make its findings and action upon the provisions of the Otay
Ranch General Development Plan, Freeway Commercial Sectional Planning Area Plan, Planned
Community District Regulations, Design Plan and other associated regulatory documents.
D. PLANNING COMMISSION - APPEALS PROCEDURE
Decision of the Planning Commission may be appealed to the City Council within 10 working
days after the decision is filed with the City Clerk. The appeal shall be in writing and filed in
triplicate with the Development Services Department on forms prescribed for the appeal and
shall specify therein the argument against the decision of the Planning Commission. If an
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES
49
appeal is filed within the time limit specified, it automatically stays proceedings in the matter
until the City Council makes a determination.
Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse
or modify, in whole or in part, any determination of the Planning Commission. The resolution
must contain a Finding of Facts showing wherein the project meets or fails to meet the
requirements of this Chapter and the provisions of the Otay Ranch General Development Plan,
Sectional Planning Area Plan, Planned Community District Regulations, Design Plan and other
associated regulatory documents.
E. SITE PLAN & ARCHITECTURAL APPROVAL
The purpose of site plan and architectural approval is only to determine compliance with the
Freeway Commercial Sectional Planning Area Plan, Planned Community District Regulations,
Design Plan, and associated regulatory documents. A Building Permit shall not be issued until
site plan and architectural approval has been obtained for any land use requiring site plan and
architectural approval.
A site plan and architectural approval application shall be accompanied by the following plans.
Additional plans or information may be necessary to enable the Zoning Administrator to make
the determinations for these applications.
9. Legal description, legend, scale, north arrow, vicinity map and identification of
designer.
10. The boundary lines of subject property fully dimensioned together with the name
and dimensions of adjoining streets.
11. Existing topography and proposed grading plan showing, slope, retaining walls,
pad elevations and percent of slope on streets, driveways and other graded
areas.
12. Existing and proposed streets, utilities and easements.
13. Access: Pedestrian, vehicular and service points of ingress and egress, with
driveway locations and dimensions.
14. Loading and trash areas, walls and/or fences (including height).
15. Proposed location, height and dimensions of buildings, including color and
materials on all elevations. The floor area, number of stories, number of units
and bedrooms (when applicable) shall be given. Proposed uses shall be indicated
including floor area devoted to each use.
16. Parking layout, including dimensions, number of stalls and circulation flow.
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50
17. Location, height and size of signs proposed on the property.
18. All Landscape Areas: Such areas shall be defined with a written proposal outlining
the landscaping concept, as well as the proposed method of irrigation. In
addition, all existing trees on the site shall be identified with a note as to
proposed disposition.
19. Lighting, including the location, type and hooding devices to shield adjoining
properties.
20. Location and design of recreational areas.
21. The Zoning Administrator shall determine from data submitted whether the
proposed use will meet the development standards and design guidelines
established in the Freeway Commercial Planned Community District Regulations
and Design Plan and shall approve the application upon making a positive
finding. The application may be disapproved, may be approved as submitted or
may be approved subject to conditions, specific changes or additions. The approval
of the Zoning Administrator shall be noted by endorsement upon two copies of
all sketches.
In carrying out the purpose of this division, the Zoning Administrator shall
consider in each specific case any or all of the following principles as may be
appropriate:
a. It is not a purpose of this section to control design character so rigidly that
individual initiative is stifled in the layout of any particular building or site
and substantial additional expense incurred; rather, it is the intent of this division that
any control exercised be the minimum necessary to achieve the over-all objective of the
Freeway Commercial SPA plan and associated regulatory documents.
b. The siting of any structure on the property, as compared to the siting of
other structures in the immediate neighborhood, shall be considered.
c. The size, location, design, color, number, lighting and materials of all signs
and outdoor advertising structures shall be reviewed. No sign shall be approved
in excess of the maximum limits set herein.
d. Landscaping is provided in accordance with the Freeway Commercial SPA
Plan and associated regulatory documents shall be required on the site and shall
be in keeping with the character or design of the site and existing trees shall be
preserved whenever possible.
e. Ingress, egress and internal traffic circulation shall be so designed as to
promote convenience and safety.
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F. SITE PLAN & ARCHITECTURAL - APPEALS
Appeals from determinations by the Zoning Administrator shall be to the Planning Commission,
upon written request for a hearing before the Commission. In the absence of such request being
filed within seven days after determination by the Administrator, the determination shall be
final.
The appeal shall be filed with the Development Services Department on the form required by the
City and be accompanied by the non-refundable Required Fee. The appeal shall include a
statement of the reasons supporting the appeal, including a demonstration that any issues being
raised were raised before the Zoning Administrator. Upon the proper filing of the appeal, the
Development Services Director shall cause the matter to be set for public hearing, giving the
same notice as required in Sections 19.12.070 and 19.12.080 of the CVMC (19.12 Legislative
Zoning Procedures: .070 = Hearings - Notices Required - Methods and Additional Contents Of
Notice and .080 = Hearings - Notice Required – Contents).
Upon the hearing of an appeal, the Planning Commission may by resolution, affirm, reverse or
modify, in whole or in any part, any determination of the Zoning Administrator. The resolution
shall contain Findings of Facts showing wherein the project meets or fails to meet any applicable
site plan and architectural principles or development standards and design guidelines
established in the Freeway Commercial Sectional Planning Area plan and Village Design Plan.
A copy of the decision resolution of the Planning Commission shall be filed with the City Clerk
and mailed to the applicant. The decision of the Planning Commission shall be final on the
eleventh day after its filing, except where further appeal is taken as provided herein.
The applicant or other interested person may appeal the decision of the Planning Commission
granting or denying site plan and architectural approval to the City Council within 10 days after
said decision is filed with the City Clerk. Said appeal shall be filed with the City Clerk in
writing upon forms provided by the City and be accompanied by the non-refundable Required
Fee therefore. The appeal shall include a statement of the reasons supporting the appeal,
including a demonstration that any issues being raised were raised during the public hearing. If
a proper appeal is filed within the time limits specified, it automatically stays proceedings in
the matter until a determination is made by the City Council on the appeal.
After hearing the appeal, the City Council may, by resolution, affirm reverse or modify, in
whole or in any part, any determination of the Zoning Administrator or the Planning Commission.
The Council resolution by which the appeal is decided shall contain Findings of Facts showing
wherein the project meets or fails to meet the applicable site plan and architectural principles in
Section
19.14.470 of the CVMC (Administrative Procedures, Conditional Uses and Variances - Site Plan
and Architectural Approval – Principles to be Observed), the provisions of the Design Manual,
any design standards required for the project, or other non-conformity with the requirements of
this Chapter. A copy of the decision resolution of the City Council shall be filed with the City
Clerk and mailed to the applicant.
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G. CONDITIONAL USE PERMIT
The granting of a Conditional Use Permit is an administrative act to authorize permitted uses
subject to specific conditions because of the unusual characteristic or need to give special
consideration to the proper location of said uses in relation to adjacent uses, the development of
the community and to the various elements of the general plan. The purpose of this section is
to set forth the findings necessary for such administrative action and to establish a procedure
for granting Conditional Use Permits.
After the public hearing, the Planning Commission or the Zoning Administrator may, by
resolution, grant a Conditional Use Permit if the Planning Commission or the Zoning
Administrator finds from the evidence presented at said hearing that all of the following facts
exist:
22. That the proposed use at the particular location is necessary or desirable to
provide a service or facility which will contribute to the general wellbeing of the
neighborhood or the community.
23. That such use will not, under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity, or injurious to property or improvements in the
vicinity.
24. That the proposed use will comply with the regulations and conditions specified
in this code for such use.
25. That the granting of this conditional use will not adversely affect the General
Plan of the City or the adopted plan of any governmental agency.
The Planning Commission or the Zoning Administrator shall make a written finding
which shall specify facts relied upon in rendering said decision and attaching such
conditions and safeguards as deemed necessary and desirable not more than 10 days
following the decision of the Commission or the Zoning Administrator and shall fully set
forth wherein the facts and circumstances fulfill or fail to fulfill the requirements. A copy
of this written Finding of Facts shall be filed with the City Clerk, with the Development
Services Director and mailed to the applicant. The decision of the Planning Commission
or Zoning Administrator shall be final on the eleventh day following its filing in the
office of the City Clerk, except where appeal is taken as provided herein.
H. CONDITIONAL USE PERMIT - APPEALS
The applicant or other interested party may appeal the decision of the Zoning Administrator to
the Planning Commission within 10 days after said decision is filed with the City Clerk. Said
appeal shall be in writing and filed in triplicate with the Development Services Department on
forms provided by said department and shall specify wherein there was an error in the decision
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES
53
of the Zoning Administrator. If an appeal is filed within the time limit specified, it stays
proceedings in the matter until the Planning Commission makes a determination.
Where the Planning Commission denies an application by less than four votes, the applicant
shall have the right to either a rehearing at the next Planning Commission meeting or an appeal to
the City Council without payment of additional fees. The choice of alternatives shall be
discretionary with the applicant. All other proceedings pertaining to appeals shall continue to
apply.
I. VARIANCE
The granting of a Variance is an administrative act to allow a variation from the strict
application of the adopted Freeway Commercial development regulations of the particular
zone, and to provide a reasonable use for a Neighborhood of property having unique
characteristics by virtue of its size, location, design or topographical features, and its
relationship to adjacent or surrounding properties and developments. The purpose of the
Variance is to bring a particular Neighborhood up to parity with other property in the same
zone and vicinity insofar as a reasonable use is concerned, and it is not to grant any special
privilege or concession not enjoyed by other properties in the same zone and vicinity. The
Variance may not be used to correct improper zoning. It is the purpose of this section to set
forth the findings necessary for such administrative action and to establish a procedure for
granting variances. In no case shall a Variance be granted to permit a use other than a use
permitted in the district in which the subject property is situated.
The Zoning Administrator shall grant a Variance only when the following facts are found:
That a hardship peculiar to the property and not created by any act of the owner exists. Said
hardship may include practical difficulties in developing the property for the needs of the owner
consistent with the regulations of the zone; but in this context, personal, family or financial
difficulties, loss of prospective profits, and neighboring violations are not hardships justifying
a Variance. Further, a previous Variance can never have set a precedent, for each case must be
considered only on its individual merits.
26. That such Variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same zoning
district and in the same vicinity, and that a Variance, if granted, would not
constitute a special privilege of the recipient not enjoyed by his neighbor.
27. That the. authorizing of such Variance will not be of substantial detriment to
adjacent property and will not materially impair the purposes of these regulations
or the public interest.
28. That the authorizing of such Variance will not adversely affect the general plan of
the City or the adopted plan of any governmental agency.
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES & VARIANCES
54
J. VARIANCE - APPEALS
The applicant or other interested persons may appeal the decision of the Zoning Administrator to
the Planning Commission within 10 days after the decision is filed with the City Clerk and the
hearing on said appeal shall be processed by the Planning Commission in the same manner as a
Conditional Use Permit within the original jurisdiction of the Planning Commission. The
applicant or other interested persons shall have the same right of appeal from any
determination of the Planning Commission in such instances as set forth in Sections 19.14.110
through 19.14.130 of the Chula Vista Municipal Code (Administrative Procedures, Conditional
Uses and Variances: .110 = Conditional Use Permit – Appeals Form – Contents – Effects of
Filing, .120 = Conditional Use Permit – Appeals – City Clerk Duties and .130 = Conditional
Use Permit – Appeals City Council Action – Resolution) of the Chula Vista Municipal Code.
Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or
modify in whole or in part any determination of the Planning Commission, subject to the same
limitations. The resolution must contain a Finding of Facts showing wherein the conditional use
meets or fails to meet the requirements of CVMC Sections 19.14.080 through 19.14.100 of the
CVMC (Administrative Procedures, Conditional Uses and Variances: .080 = conditional use
permit - prerequisites for grading, .090 = Conditional Use Permit – Public Hearing Procedure –
Finding of Facts and .100 = Conditional Use Permit – Appeals Procedure Generally). Not later
than 10 days following the adoption of said resolution, the City Clerk shall transmit a copy of
the resolution and finding to the Development Services Director and shall mail a copy to the
applicant.
Any Conditional Use Permit or Zone Variance granted by the City as herein provided shall be
utilized within one year after the effective date thereof. A Variance or Conditional Use Permit
shall be deemed to be utilized if the property owner has substantially changed his/her position in
reliance upon the grant thereof. Evidence of change of position would include completion of
construction or any expenditures of money by the property owner preparatory to construction
and shall also include the use of the property as granted. If there has been a lapse of work for
the three months after commencement, the Conditional Use Permit or Zone Variance shall be
void. The Commission may, by resolution, grant an extension of time contained in a currently
valid Zone Variance or Conditional
Use Permit without a public hearing upon appeal of the property owner, provided that there has
been no material change or circumstances since the granting of the Variance or Conditional
Use Permit which would be injurious to the neighborhood or otherwise detrimental to the
public welfare.
EXCEPTIONS & MODIFICATIONS
55
VII. Exceptions & Modifications
A. HEIGHT LIMITATION EXCEPTIONS
Height limitations stipulated in these regulations shall not apply to the following unless
specifically stated:
1. Spires, belfries, cupolas and domes, monuments, flagpoles, masts and aerials, or
to parapet walls extending not more than four feet above the limiting height of
the building;
2. Places of public assembly in permitted public and semi-public buildings, provided
that these uses are located on the ground floor of such buildings, and provided
further, that for each one foot by which the height of such building exceeds the
maximum height otherwise permitted in the district, its side and rear yards shall
be increased in width or depth by an additional foot over the side and rear yards
required for the highest building otherwise permitted in the district;
3. Bulkheads, elevator and stair penthouses, provided no lineal dimension of any
such structure exceeds fifty percent of the corresponding street lot line frontage;
or towers and monuments; provided however, that no such structures above the
heights otherwise permitted in the district occupy more than twenty-five percent
of the area of the lot and are no less than twenty-five feet from any lot line
which is not a street lot line.
B. PROJECTIONS INTO REQUIRED YARD PERMITTED
Certain architectural features may project into required yards or courts as follows:
4. Cornices, canopies, eaves or other architectural features may project a distance
not exceeding four feet into any front or rear yard and forty percent into any side
yard to a maximum of four feet. In the case of a side yard which is less than five
feet, a two- foot projection is permitted, provided that such projection does not
extend closer than one foot to the property line;
5. Fire escapes may project a distance not exceeding four feet, six inches;
6. An uncovered stair and any necessary landings may project a distance not to
exceed six feet, provided such stair and landing shall not extend above the first
floor of the building except for a railing not exceeding three feet in height;
7. An open, unenclosed stairway not covered by a roof or canopy may extend or
project into a required rear or side yard not more than three feet.
ENFORCEMENT
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VIII. ENFORCEMENT
A. ENFORCEMENT BY CITY OFFICIALS
The City Council, City Attorney, City Manager, City Engineer, Director of Public Works,
Fire Chief, Chief of Police, Director of Building & Housing, Director of Parks and Recreation,
Planning Director, City Clerk and all officials charged with the issuance of licenses or permits
shall enforce the provisions of this ordinance. Any permit, certificates or license issued in
conflict with the provisions of this ordinance shall be void.
B. ACTIONS DEEMED NUISANCE
Any building or structure erected hereafter, or any use of property contrary to the
provisions of a duly-approved Design Review, Site Plan, Variance, Conditional Use Permit, or
Administrative Review and/or this ordinance shall be declared to be unlawful and a public
nuisance per se and subject to abatement in accordance with local ordinance.
C. REMEDIES
All remedies concerning this ordinance shall be cumulative and non-exclusive. The
conviction and punishment of any person hereunder shall not relieve such persons from the
responsibility of correcting prohibited conditions or removing prohibited buildings, structures,
signs or improvements, and shall not prevent the enforced correction or removal thereof.
D. PENALTIES
Any person, partnership, organization, firm or corporation, whether as principal, agent,
employee or otherwise, violating any provisions of this ordinance or violating or failing to
comply any order or regulation made hereunder, shall be guilty of an infraction and, upon
conviction thereof, shall be punishable as provided by local ordinance.