Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2024.05.08 PC
Date:Wednesday, May 8, 2024 Time:6:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA Planning Commission Regular Meeting Watch live in English and Spanish: chulavistaca.gov/boardmeetings Free Spanish interpretation is available on-site. ______________________________________________________________________________ In-Person Public Comments: Join us for the Planning Commission meeting at the time and location specified on this agenda to make your comments. Electronic Public Comments: At www.chulavistaca.gov/boardmeetings, locate this meeting and click the comment bubble icon. Select the item and click on "Leave comment." The deadline to submit e-comments or any comments emailed to PC@chulavistaca.gov will be noon on the day of the meeting. Watch Live or Recorded Meetings: Visit www.chulavistaca.gov/boardmeetings. Click "ES" at the bottom to switch to Spanish. Closed captioning is available in both languages. Accessibility: In compliance with the American Disabilities Act, if you need special assistance to participate in this meeting, please contact PC@chulavistaca.gov. or (619) 691-5041. Providing at least 48 hours notice will help ensure that reasonable arrangements can be made. Time Allotted for Speaking (subject to change by the presiding officer) - Consent Calendar (any or all items): 3 minutes - Agenda Items (not on Consent): 3 minutes - General Public Comment (not on agenda): 3 minutes Individuals who use a translator will be allotted twice the time. Pages 1.CALL TO ORDER 2.ROLL CALL Commissioners Burroughs, Combs, Felber, Leal, Torres, Zaker, and Chair De La Rosa. 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.PUBLIC COMMENTS Persons may address the Commission on any subject matter within the Commission’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 5.PRESENTATIONS Action on presentation items is typically limited to the Commission receiving the presentation and providing direction or feedback to staff unless otherwise noticed on the agenda. 5.1 Presentation by Deputy City Manager Courtney Chase: Keeping Chula Vista Safe, Clean and Well-Maintained, A Status Update on Measure P 4 Recommended Action: Hear the presentation. 6.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on one of these items, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 6.1 Comprehensive Code Update – Consideration of Amendments to the Chula Vista Municipal Code 29 Recommended Action: Conduct a public hearing and recommend the City Council of the City of Chula Vista adopt an ordinance amending Chula Vista Municipal Code (“CVMC”) Title 8 (Health and Sanitation), Title 12 (Streets and Sidewalks), Title 13 (Sewers), Title 15 (Buildings and Construction), Title 18 (Subdivisions), and Title 19 (Planning and Zoning). City of Chula Vista Planning Commission May 8, 2024 Agenda Page 2 of 175 7.ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 7.1 Approval of Meeting Minutes 172 Recommended Action: Approve the minutes dated: April 24, 2024 7.2 Consider Request for Excused Absence 175 Commissioner Felber from the April 24, 2024, Planning Commission meeting. Recommended Action: Consider request for excused absence as appropriate. 8.DIRECTOR'S REPORT 9.CHAIR'S COMMENTS 10.COMMISSIONERS' COMMENTS 11.ADJOURNMENT to the regular meeting on May 22, 2024, at 6:00 p.m. Materials provided to the Planning Commission related to any open-session item on this agenda are available for public review by contacting the Development Services Department at pc@chulavistaca.gov. City of Chula Vista Planning Commission May 8, 2024 Agenda Page 3 of 175 Keeping Chula Vista Safe, Clean and Well -Maintained A Status Update on Measure P Presented by: Courtney Chase, Deputy City Manager Page 4 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Background on Measure P ½ Cent Sales Tax on Retail Sales Voter Approved on November 8, 2016 Collection Began April 1, 2017 10-Year Period, Set to Expire in 2027 Instituted the Citizens’ Oversight Committee Established the Infrastructure, Facilities and Equipment Expenditure Plan which established the most critical priority items for funding Key Highlights Page 5 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Evaluation of City Infrastructure Page 6 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Background on Measure P Approved Expenditure Plan Priorities Pave, maintain and repair residential streets and fix potholes Upgrade or replace aging police, fire and 911 emergency response facilities, vehicles and equipment Replace storm drains to prevent sinkholes Upgrade irrigation systems to conserve water and save energy Make essential repairs to older libraries, senior center and recreation centers Improve our Traffic Signal Systems Page 7 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 42%City Infrastructure Projects Replacement of the City network & upgrades to telecommunications has allowed for Smart City functionality which reduces traffic congestion and associated carbon emissions, enhances energy savings in City buildings, provides advanced citizen engagement through the capabilities of virtual City Hall, and enables enhanced security at City parks and other locations. City Network Upgrade Over 300 residential street segments were in failing condition and required major rehabilitation and repairs at costs significantly more than typical preventative maintenance. Measure P funding allowed for major asphalt replacement and rehabilitation on these streets placing them into a sustainable cycle of preventative maintenance for years to come. Residential Street Rehab & Repair Measure P has funded a multitude of much- needed upgrades and repairs at Chula Vista's largest park, covering nearly 60 acres, including reconstruction of the basketball courts, bleachers, picnic benches, and drinking fountains; expansion of ADA access; and new restroom facilities. Rohr Park Renovation Page 8 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 42%City Infrastructure Projects Measure P funding has allowed for the rehabilitation of more than 160 Corrugated Metal Pipe (CMP) locations including storm drain repairs of over 19,000 linear feet outside the right of way. Drainage Funding from Measure P has been utilized to repair over 7,640 damaged sidewalk locations exhibiting moderate -to- small heave displacements including the replacement of 130 sidewalk panels throughout the city. Sidewalks Measure P funding has allowed for traffic signal modifications and upgrades to 11 existing signalized intersections. These upgrades improve visibility, provide for protected left turn movements, and replaced failing and outdated traffic signals at various locations citywide. Traffic Signals Page 9 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Public Safety Projects $30 million in Measure P funding has facilitated major rehabilitation of Fire Stations throughout the City-Including the design and construction of new Fire Stations 3 and 5 and reconstruction of Fire Station 1, improving emergency services and response times in the community. Fire Facilities and Equipment Funding from Measure P has secured a new $1.4 million PremierOne Computer Aided Dispatch (CAD) System, a critical component of the 911 emergency service framework, ensuring that the system remains stable and reliable with expanded technological capabilities directly impacting response times and officer safety. Police Dispatch Center 37% Page 10 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Public Facility Renovations The Loma Verde Community Center underwent a $22.5 million renovation and has a new multi-purpose gymnasium, dance rooms, crafts room, fitness room, game room, restrooms, two new pools and splash pad, shower/changing rooms, and classrooms. Loma Verde Community Center The Chula Vista Civic Center Library opened its doors in 1976, and thanks to Measure P, the City has been able to address significant infrastructure repairs including replacing the roof, restroom renovations for ADA access, and electrical/HVAC upgrades. All with the focus of increasing access to services and materials for the public. Civic Center Library 21% Page 11 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Community Facilities Page 12 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Parks, Fields & Courts Page 13 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Energy & Water Page 14 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Public Safety Page 15 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Storm Drains Page 16 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Streets Page 17 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Sidewalks Page 18 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Measure P Financials 22% Current Expenditure Allocation 37%42% City Infrastructure Projects Public Safety Public Facility Renovations $165.5M 10Y Expected (2016) $244.8M 10Y Projected Actual v. Projected Revenues Sales Tax Revenues were originally estimated to generate $16 million per year Updated 2023 revenue estimates are projected to generate >$25 million per year The Infrastructure, Facilities and Equipment Plan includes long -term financing of approximately $70.8 million from the issuance of bonds via Resolution 2017-089 on June 6, 2017, in order to expedite the most critically needed repairs or replacements of citywide infrastructure. City has paid down the bond debt principal by 49% ($34.7 million) as of FY22-23 Page 19 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Measure P Citizens’ Oversight Committee Meeting:4th Thursday Quarterly (Jan, Apr, Jul, Oct) The committee is comprised of nine members consisting of five At-Large members, with at least one from each Council district, and four Designated members selected from candidates brought forward by select nominating authorities. The main function of the Measure P Citizens’ Oversight Committee (COC) is to review and report on City compliance with the provisions of Measure P, particularly with respect to the City’s accounting and expenditure of Measure P revenues. David Garcias (Term Exp. 2025) Chair: Page 20 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Measure P Citizens’ Oversight Committee Meeting:4th Thursday Quarterly (Jan, Apr, Jul, Oct) The main function of the Measure P Citizens’ Oversight Committee (COC) is to review and report on City compliance with the provisions of Measure P, particularly with respect to the City’s accounting and expenditure of Measure P revenues. Specific duties include: Review and comment on each year’s Finance Department Report, Measure P Spending Plan, and Auditor Report. Prepare an annual report regarding the Finance Department Report for presentation to the City Council at a Public Meeting Work with City staff to identify and apply ‘best practices’ for tracking and reporting on Measure P revenues and expenditures relative to other City revenue and expenditures. Role & Function The committee is comprised of nine members appointed to four-year terms, consisting of five At-Large members, with at least one from each Council district, and four Designated members selected from candidates nominated by the following Nominating Authorities: Chula Vista Chamber of Commerce Alliance of Californians for Community Empowerment San Diego & Imperial Counties Labor Union San Diego Taxpayers Association Parks and Recreation Commission Sustainability Commission David Garcias (Term Exp. 2025) Chair: About Page 21 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Maintaining Local Funding without Raising Taxes Funding is set to expire, unless voters choose to renew it. To continue upgrading and maintain streets, underground storm drains and other local infrastructure the City is considering a November 2024 ballot measure to renew this source of funding for an additional 10 years at the current rate, without raising taxes. Page 22 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Continued Funding Could be Used To: Fix potholes and pave and maintain local streets Clean up trash and litter along streets sidewalks and in other public areas Keep existing parks and recreations facilities safe, clean, and well-maintained Repair infrastructure including sidewalks, curbs and storm drains Make improvements to roads and intersections to better manage traffic congestion on City streets Repair or replace aging underground stormwater pipes that are at risk of collapse and creating sinkholes Address homeless encampments and increase cleanup efforts Page 23 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Fiscal Accountability and Local Control Required public disclosure of all spending Essential purchases such as groceries, prescription medicine, diapers, and feminine hygiene products would continue to be exempt from sales tax All funds must stay local in Chula Vista and no funds can be taken away by the State Renewal of local funding at current rates, with no increase to local sales tax Any local funding measure would include fiscal accountability requirements, including: Page 24 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Ballot Measure Planning Voter Survey Election Timing Tax Rate Political Landscape Non-Advocacy Communication Existing comms Informational mailers / digital ads Internal and external audiences Seek feedback Refine proposal Community readiness? Ballot Resolution/ Ordinance 75 words Projects & Programs Ballot Argument & Signers Official Vote (>88 days before Election) Volunteer leaders Fundraising Website/Social Endorsements Grassroots Lawn Signs Mailers Digital Ads Get Out the Vote © 2023 We are Here Nov 2024 election: Council Action Summer 2024 Page 25 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda "By successfully leveraging and investing our Measure P revenue to fund our priority infrastructure needs, the City has delivered on their promise to maintain a stronger, safer Chula Vista and improving the quality of life for our residents and visitors. " -DAVID GARCIAS CHAIR, MEASURE P CITIZENS OVERSIGHT COMMITTEE Page 26 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Delivering on the Promise... Page 27 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda QUESTIONS Page 28 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda P a g e | 1 May 8, 2024 ITEM TITLE Comprehensive Code Update - Consideration of amendments to the Chula Vista Municipal Code Location: No specific geographic location. Recommended Action Conduct a public hearing and recommend the City Council of the City of Chula Vista adopt an ordinance amending Chula Vista Municipal Code (“CVMC”) Title 8 (Health and Sanitation), Title 12 (Streets and Sidewalks), Title 13 (Sewers), Title 15 (Buildings and Construction), Title 18 (Subdivisions), and Title 19 (Planning and Zoning). SUMMARY This item consists of proposed amendments to the Chula Vista Municipal Code covering numerous topics. These updates will help streamline and clarify permit processes/regulations and comply with State Law. HOUSING IMPACT STATEMENT No housing units are proposed as part of the Project. However, some of the proposed amendments streamline regulatory requirements and reduce constraints that could in the future increase the supply of housing. ENVIRONMENTAL REVIEW The Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (“CEQA”) and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including relating the addition of findings of approval for certain discretionary permits, creating additional standards for home occupations, changing the permitting authority of permits governing the public right-of-way, and streamlining processing procedures for certain discretionary permits. Furthermore, the action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, there is a certainty that there is no possibility that the action may have a significant effect on the environment. Page 29 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda P a g e | 2 DISCUSSION Background Within the past five (5) years, as development has increased within the City, so has the list of amendments to the Chula Vista Municipal Code (“Code”). On March 7, 2023, the City Council adopted an Ordinance approving the first comprehensive update to the CVMC within the last few years, amending primarily Title 19 and other various Titles. The proposed revisions in this comprehensive code update item aims to continue to streamline and clarify permit processes/regulations, fix outdated references, and comply with State Law. Proposed Amendments A list of the proposed code amendments can be found within Table 1. Each individual item is grouped into four (4) broader categories: Procedural, State Law Compliance, Land Use and Development, and Process Improvements. “Procedural” generally means revisions to procedural and/or formatting changes. This includes the following items: 1) Expanding the permitting authority within the public right-of-way within Title 12; 2) Scheduling Items for City Council Meetings. “State Law Compliance” includes revisions for State Law compliance. This includes the following items: 1) Dwelling unit allowances under Senate Bill 9 Urban Lot Splits; 2) Accessory Dwelling Unit (“ADU”) size requirements, pursuant to Government Code Section 65852.2. “Land Use and Development” broadly covers revisions within Title 19 to use or development standards. This includes the following items: 1) Electric Vehicle Sales and Services; 2) R-3 Zoning Designation Density Requirements; 3) Temporary and Permanent Storage Containers; 4) Recreational Vehicle Storage and Habitation; and 5) Home Occupations (home-based businesses). “Process Improvements” includes updates to existing processes for projects and/or permits. This includes the following items: 1) Substantial Conformance Review; 2) Use Determinations; 3) Design Review Permits within the Urban Core Specific Plan (“UCSP”); 4) Planned Sign Program Approval Authority; 5) Coastal Development Permit and Design Review Permit Approval Findings; 6) Design Review Permit Requirements; 7) Rebuilding Non-Conforming Structures; 8) Initiating Amendments to Policy Documents; and 9) Development Project conformance with the City’s Trash Hauling Requirements. Table 1 – Proposed Municipal Code Amendments Procedural Topic Issue Solution CVMC Location Public Right-of- Way Permitting Authority Permits pertaining to the public right-of-way are typically issued by the Development Services Department, specifically the Land Development Include a designee in addition to the City Engineer, regarding the permitting authority for public right-of- way permits. • Title 12 (Streets and Sidewalks) Page 30 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda P a g e | 3 Engineering Division. This can include consultation with the separate Engineering Department, overseen by the City Engineer, in charge of capital/street improvement projects. Scheduling Items for City Council Meetings The City’s Charter [307 (c)] was recently adopted that states that any item that can be heard at a regular City Council meeting can also be heard at a special City Council meeting. Revise the applicable CVMC Titles, to reflect certain items to be heard at a scheduled City Council meeting, rather than solely a “regular meeting.” • Title 8 (Health and Sanitation) • Title 12 (Streets and Sidewalks) • Title 13 (Sewers) • Title 15 (Buildings and Construction) • Title 18 (Subdivisions) • Title 19 (Planning and Zoning) State Law Compliance Topic Issue Solution CVMC Location Senate Bill 9 Urban Lot Splits State Senate Bill 9 allows for an Urban Lot Split Parcel Map (“Parcel Map”), resulting in the subdivision of two parcels from a single-lot zoned either R-1 or R-E. However: 1) the location of the allowed unit count as part of the Urban Lot Split Parcel Map is under a different Code Sub-Section than it should be; 2) the language itself explaining the amount of units allowed after the Parcel Map is approved, needs to be clarified that a maximum of four (4) units are allowed, spread over the resulting two (2) new parcels. Change the location in the Code as well as clarify the language. • Title 19 (Planning and Zoning) Page 31 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda P a g e | 4 Accessory Dwelling Unit (“ADU”) Size Requirements Pursuant to Government Code Section 65852.2, no jurisdiction shall allow an attached ADU to be smaller than 850 square feet for a studio or one-bedroom unit, and 1,000 square feet for a unit having more than one bedroom. Our Code also has the Government Code language, but also allows the size to be 50 percent of the primary house, whichever is greater. This could potentially lead to much larger ADUs if the primary house is more than 2,000 square feet. Revise the applicable Code Section to remove the “whichever is greater language,” for better consistency with Government Code Section 65852.2. • Title 19 (Planning and Zoning) Land Use & Development Topic Issue Solution CVMC Location Electric Vehicle Sales and Services The use does not have a definition, and, is not listed as a permitted, conditionally permitted, or unpermitted uses anywhere within the CVMC. Add Electric Vehicle Sales and Services as a permitted by right use within the C-T (Commercial-Thoroughfare) and I-L (Limited Industrial) zoning designations. These zones are proposed for this allowed use as the code currently allows for businesses selling gasoline- power vehicles primarily in these zones. • Title 19 (Planning and Zoning) R-3 Zoning Designation Density Requirements Calculating density on a property is dictated by the associated General Plan land use designation, and, the property’s size. However, the R-3 (Apartment-Residential) zoning designation is the only residential zoning designation in the CVMC that has a way to calculate density, in a non- traditional fashion. It is currently shown by taking the project’s lot area and the Remove the density calculation and gross/net density definitions from the R-3 zone to be consistent with all other zones in the CVMC. • Title 19 (Planning and Zoning) Page 32 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda P a g e | 5 number of bedrooms per dwelling unit. Additionally, there are specified gross and net density definitions in the R-3 zone that are obsolete, which consider the total number of families in a defined area, and the total amount of land in a defined area utilized by dwellings and public facilities. Temporary and Permanent Storage Containers There are no standards in the CVMC that speak to the usage of temporary and permanent storage containers. Typically, temporary containers are used for residences for moving and storage purposes. Permanent storage containers are typically used by business owners for storage in the rear of properties. Add a new Section containing standards for temporary and permanent storage containers. • Title 19 (Planning and Zoning) Recreational Vehicle Storage and Habitation Residential property owners can store recreational vehicles and/or trailers on their property. However, City Code Enforcement Officers routinely deal with complaints from the public, regarding the amount stored in the backyard of a property. There is not a specified amount of how many recreational vehicles can be stored on a property within the CVMC, leading to a gray area of how much is too much. Add additional language in CVMC allowing no more than a total of two (2) motorhomes or camping trailers at any time on a residentially-zoned property, or a property with a residential use. • Title 19 (Planning and Zoning) Home Occupation Business Regulations Residential property owners can also operate a business out of their home, typically called a home occupation. Said businesses are to comply with standards that typically answer to its compatibility with surrounding residential Add additional standards for home occupation (home- based businesses) to ensure residential neighborhood compatibility. • Title 19 (Planning and Zoning) Page 33 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda P a g e | 6 uses. The CVMC is currently silent on how. Process Improvements Topic Issue Solution CVMC Location Substantial Conformance Review When a discretionary permit (i.e. Design Review Permit) is approved, sometimes modifications need to be made for various reasons. No procedures for such modifications are located within the CVMC. Additionally, the process and Scope for modifications are typically limited to ensure a streamlined review, based on small changes to building design/footprint and conditions of approval. Add a Section for Substantial Conformance Review. • Title 19 (Planning and Zoning) Use Determinations The Zoning Administrator is granted the authority within the Code to make a Determination of Use, for any use that is not listed with a particular zoning designation, and what permitting process should be followed (i.e. permitted, conditionally permitted). There is not language however, that allows that same Use Determination to apply to more than one zoning designation. Add additional procedural language, for Determinations of Use to apply to more than one zoning designation, if not a listed use. • Title 19 (Planning and Zoning) Design Review Permits – Urban Core Specific Plan Currently, the Urban Core Specific Plan has two separate thresholds for review of Design Review Permits: Minor Projects – Zoning Administrator (Administrative) and Major Projects – Planning Commission. There is no information on what In order to achieve more vibrant and walkable neighborhoods and in response to State Housing Laws requiring jurisdictions to reduce barriers for creating additional housing opportunities, revise the Design Review Permit processing guidelines within • Title 19 (Planning and Zoning) Page 34 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda P a g e | 7 constitutes a major versus minor project. the Urban Core Specific Plan, to all fall under Zoning Administrator/Administrative Review. Planned Sign Programs The Code currently specifies that the Planning Commission shall either approve or deny Planned Sign Programs. This creates frustration about timeframes for Applicants and causes unnecessary delays for a minor permit type. Revise the processing guidelines for Planned Sign Programs, to have the decision purview to fall under the Zoning Administrator. This will ensure more timely approvals for projects for this minor permit type. • Title 19 (Planning and Zoning) Permit Findings for Approval There are no findings of approval are currently located in the Code pertaining to Design Review Permits and Coastal Development Permits. Add findings of approval for Design Review Permits and Coastal Development Permits. • Title 19 (Planning and Zoning) Design Review Permit Requirements If small architectural features like patio covers and shade structures were proposed on a residential or non- commercial structure, it would require a discretionary (Design Review) permit, rather than a building permit. Additionally, the non- residential square footages and dwelling unit amounts to distinguish between Zoning Administrator/Administrative Review and Planning Commission review are too low. Projects need to be streamlined, and not have to go through a public hearing process. The change in the thresholds would not remove any public noticing component or the ability to appeal a Zoning Administrator decision to Planning Commission. Revise the Design Review Permit Applicability Requirements to have certain architectures features not require Design Review, and, to change square footage and dwelling unit thresholds for Zoning Administrator versus Planning Commission review of Design Review Permits. • Title 19 (Planning and Zoning) Page 35 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda P a g e | 8 Rebuilding Non- Conforming Commercial Structures If a property owner wants to rebuild a previously conforming commercial structure in its same location and size, they would currently not be able to do so, and only do so if the structure incurred 60 percent or more damage resulting from an “Act of God.” Revise the Code to have a previously conforming nonresidential structure and/or use, may be reconstructed subject to certain conditions. • Title 19 (Planning and Zoning) General Plan/policy document Initiation Process The Code provides for a General Plan Initiation process for private citizens to initiate a process directly to the City Council, to amend certain policy documents, such as the General Plan, Sectional Planning Areas, Specific Plans, etc. This process was previously instituted through a model that the City of San Diego uses, and has not been successful in the City, in terms of the appropriate and timely way to have broader planning policy change discussions. Repeal Sections 19.14.800- 850 • Title 19 (Planning and Zoning) Trash Hauling Requirements for Development Projects During a project’s entitlement review, a key component of the design and layout planning process is accommodating trash enclosures, and the safe maneuvering for trash, recycling, and green waste pick up from oversized vehicles. Add a Section in the Code stating that a Project shall conform with the City’s Recycling and Solid Waste Planning Manual. • Title 19 (Planning and Zoning) Development Oversight Committee In 2009, the Development Services Oversight Committee (“Oversight Committee”) was formed to work with staff to identify areas within the Development Services Department needing improvement and assist in the development of workable solutions. The Oversight Committee is comprised of developers, business owners, community organizations, engineers, architects, and contractors. Staff has also convened the Oversight Page 36 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda P a g e | 9 Committee more frequently over the last year and a half, and bi-monthly over the past six months, to assist Staff in identifying areas of the Code needing updates or revisions. The Oversight Committee was provided the draft Code amendments at their meeting on January 17, 2024, and approved the proposed amendments. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the Planning Commission members do not create a disqualifying real property- related financial conflict of interest under the California Political Reform Act (Cal. Gov’ t. Code § 87100, et seq.). Staff is not independently aware and has not been informed by any Planning Commission member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. FISCAL IMPACT There is no current fiscal year or ongoing fiscal impact to the General Fund or Development Services Fund as a result of the adoption and implementation of the proposed ordinance. CONCLUSION Staff recommends that the Planning Commission adopt the resolution and recommend the City Council adopt the ordinance amending CVMC Title 8 (Health and Sanitation), Title 12 (Streets and Sidewalks), Title 13 (Sewers), Title 15 (Buildings and Construction), Title 18 (Subdivisions), and Title 19 (Planning and Zoning), related to streamlined improvements for both the overall City and specifically the Development Services Department. ATTACHMENTS 1 – Resolution 2 – Draft City Council Ordinance 3 – Draft Amendment related to Public Right-of-Way Permitting Authority 4 – Draft Amendment related to Scheduling Items for City Council Meetings 5 – Draft Amendment related to Senate Bill 9 Urban Lot Splits 6 – Draft Amendment related to Accessory Dwelling Unit Size Requirements 7 – Draft Amendment related to Electric Vehicle Sales and Services 8 – Draft Amendment related to the R-3 Zoning Designation Density Requirements 9 – Draft Amendment related to Temporary and Permanent Storage Containers 10 – Draft Amendment related to Recreational Vehicle Storage and Habitation 11 – Draft Amendment related to Home Occupation Business Regulations 12 – Draft Amendment related to Substantial Conformance Review 13 – Draft Amendment related to Use Determinations 14 – Draft Amendment related to Urban Core Specific Plan - Design Review Permits 15 – Draft Amendment related to Planned Sign Programs 16 – Findings for Approval for Design Review Permits and Coastal Development Permits Page 37 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda P a g e | 10 17 – Draft Amendment related to Design Review Permit Requirements 18 – Draft Amendment related to Rebuilding Non-Conforming Commercial Structures 19 – Draft Amendment related to Initiating Amendments to Policy Documents 20 – Draft Amendment related to Trash Hauling Requirements for Projects Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services Laura C. Black, AICP, Director of Development Services Page 38 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE (CVMC) TITLE 8 (HEALTH AND SANITATION), TITLE 12 (STREETS AND SIDEWALKS), TITLE 13 (SEWERS), TITLE 15 (BUILDINGS AND CONSTRUCTION), TITLE 18 (SUBDIVISIONS), AND TITLE 19 (PLANNING AND ZONING). WHEREAS, necessary amendments to the Chula Vista Municipal Code (“CVMC”) have been identified to help further streamline and clarify permit processes/regulations, and comply with State Law; and WHEREAS, in 2009, the Development Services Oversight Committee (“Oversight Committee”) was formed to work with staff in identifying areas within the Development Services Department needing improvement and assisting in developing workable solutions; and WHEREAS, staff presented the draft code amendments to the Oversight Committee, which recommended adoption; and WHEREAS, the Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (“CEQA”) and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including relating the addition of findings of approval for certain discretionary permits, creating additional standards for home occupations, changing the permitting authority of permits governing the public right-of- way, and streamlining processing procedures for certain discretionary permits. Furthermore, the action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, there is a certainty that there is no possibility that the action may have a significant effect on the environment; and WHEREAS, a hearing time and place was set by the Planning Commission to consider the CVMC amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten (10) days prior to the hearing; WHEREAS, the Planning Commission held a duly noticed public hearing to consider said code amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission hereby recommends that the City Council of the City of Chula Vista adopt the proposed amendments to Chula Vista Municipal Code CVMC Title 8, Title 12, Title 13, Title 15, Title 18, and Title 19, Page 39 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Planning Commission Resolution May 8, 2024 Page 2 related to streamlined improvements for both the overall City and specifically the Development Services Department. BE IT FURTHER RESOLVED THAT that the Planning Commission hereby recommends that the City Council of the City of Chula Vista find that the proposed amendments to the Chula Vista Municipal Code identified in this Resolution qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including relating the addition of findings of approval for certain discretionary permits, creating additional standards for home occupations, changing the permitting authority of permits governing the public right-of-way, and streamlining processing procedures for certain discretionary permits. Furthermore, the action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, there is a certainty that there is no possibility that the action may have a significant effect on the environment. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. Presented by Approved as to form By: Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 40 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Planning Commission Resolution May 8, 2024 Page 3 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of May, 2024, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Michael De La Rosa, Chair ATTEST: _______________________ Mariluz Zepeda, Secretary Page 41 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 1 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA COMPREHENSIVELY AMENDING CHULA VISTA MUNICIPAL CODE (CVMC) TITLE 8 (HEALTH AND SANITATION), TITLE 12 (STREETS AND SIDEWALKS), TITLE 13 (SEWERS), TITLE 15 (BUILDINGS AND CONSTRUCTION), TITLE 18 (SUBDIVISIONS), AND TITLE 19 (PLANNING AND ZONING). WHEREAS, necessary amendments to the Chula Vista Municipal Code (“CVMC”) have been identified to help further streamline and clarify permit processes and regulations; and WHEREAS, in 2009, the Development Oversight Committee (“Oversight Committee”) was formed to work with staff in identifying areas within the Development Services Department needing improvement and assisting in developing workable solutions; and WHEREAS, staff presented the draft code amendments to the Oversight Committee, which recommended adoption; and WHEREAS, the Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (“CEQA”) and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including relating the addition of findings of approval for certain discretionary permits, creating additional standards for home occupations, changing the permitting authority of permits governing the pub lic right-of- way, and streamlining processing procedures for certain discretionary permits. Furthermore, the action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in develop ment potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, there is a certainty that there is no possibility that the action may have a significant effect on the environment; and WHEREAS, the Planning Commission held an advertised public hearing on the subject Ordinance and voted _____ to adopt Resolution No. ______, and thereby recommends that the City Council adopt the Ordinance; and WHEREAS, the City Council set the time and place for a hearing on the subject CVMC amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten (10) days prior to the hearing. Page 42 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 2 NOW THEREFORE the City Council of the City of Chula Vista does hereby find and ordain as follows: The City Council of the City of Chula Vista finds that the proposed amendments to the CVMC identified in this Ordinance No. qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves updates, modifications, and organizational changes to the CVMC relating to City Department names and staff titles, section numbering, hearing and appeal processes for zoning decisions, additions of definitions, and Code enforcement processes and actions. The action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, the action will not have a significant effect on the environment. Section I. Addition of Electric Vehicle Sales and Services Definition and Permit Process. The Chula Vista Municipal Code is hereby amended as follows: 19.04.002 Definitions and construction of terms generally. Unless the context requires otherwise, the definitions codified in this chapter shall be used in the interpretation and construction of this title; and words used in the present tense include the future, the singular number shall include the plural, and th e plural the singular; the word “building” shall include the word “structure”; and the word “used” shall include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used”; and the word “shall” is mandatory and not meant as general guidance. Whenever any of the following terms is used, it shall mean the corresponding officer, department, board or commission of Chula Vista, herein referred to as the City: “Assessor,” “City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director of Public Works,” “Director of Development Services,” “Zoning Administrator,” or “Building Inspector.” In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as its representative or agent. “Access” means an opening in a fence, wall or structure, or a walkway or driveway, permitting pedestrian or vehicular approach to or within any structure or use. “Accessory use or structure” means a use or structure subordinate to the principal use of a building on the same lot, and serving a purpose customarily incidental to the use of the principal building. “Agent of owner” is any person who can show certified written proof that he is acting for the property owner. Page 43 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 3 “Agriculture” means the use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal husbandry (excluding swine); incidental to other agricultural uses; and the ne cessary accessory uses for storing produce and qualified employee housing; provided, however, that the operation of any such accessory use shall be secondary to that of primary uses and shall not include stockyards or the commercial feeding of garbage or offal to animals. “Alley” means a public or private way not more than 30 feet wide, which affords only secondary access to abutting property. “Amusement facility” means a place of amusement or entertainment wherein are found games, rides (animal or mechanical), coin-operated or token-operated machines or devices (e.g., video and pinball), shooting galleries, movies or entertainment machines and other games of skill or chance offered to the public. This definition does not include vending, photocopying, laminating and photo machines. 1. “Amusement arcade or center” means a facility wherein are found games, coin-operated or token-operated machines or devices (e.g., video and pinball machines) of skill, chance or entertainment offered to the public. 2. “Amusement park” means an amusement facility encompassing several acres of land and may include other commercial activities such as restaurants, retail stores and services. 3. “Amusement games or machines as accessory uses” means not more than three coin-operated or token-operated machines, rides or devices (e.g., video, pinball, mechanized rides and other electronic games) within any commercial retail or service establishment, and provided they do not constitute more than five percent of the floor area of the establishment. “Auction” means the auctioning and sale of merchandise and equipment to the highest bidder, but excluding auction rooms and livestock auctioning. Automobile Dismantling. For “automobile dismantling,” see “junkyard.” Automobile Maintenance and Repair, Minor. “Minor automobile maintenance and repair” means general lubrication services, engine tune-up, and replacement of parts and motor service to passenger cars and trucks not exceeding one and one -half tons capacity, but not including other operations named under “automobile repair, major” or similar thereto as determined by the Commission. “Automobile or trailer sales area” means an open area, other than a street or an alley, used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done. Page 44 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 4 Automobile Repair, Major. “Major automobile repair” means general repair, rebuilding, and reconditioning of engines, motor vehicles or trailers; collision service, including body, frame, or fender repair; and overall painting. “Automobile service station” means an establishment engaged in the sale of motor fuel dispensing devices directly into motor vehicles. In addition, other services may be performed such as tube and tire repair, battery charging, storage of merchandise to be sold on the premises as permitted herein, lubricating of automobiles, and automobile washing, not including mechanical wash, and minor repairs. “Basement” means a story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than one-half of its floor-to-ceiling height is below the average contact level of the adjoining ground, as distinguished from a “cellar” which is a story where more than one-half of its floor-to-ceiling height is below the average level of the adjoining ground. A basement, when usable as a dwelling, shall be counted as a story for purposes of height measurement, and as a half story for purposes of side yard determination. “Beginning of construction” means the demolition, elimination and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings. “Block” means a tract of land bounded by streets, dead-ends of streets, railroad rights- of-way, watercourses, large tracts of land in uses such as parks and golf courses, or a City boundary. “Boardinghouse or lodginghouse” means a dwelling or part thereof (not including rest homes, convalescent homes, bed care, supervision and other special care, such as counseling), where meals and/or lodging are provided (but not separate cooking facilities) for compensation and with not more than five guest rooms and 10 persons total. “Boatel” means any hotel or motor hotel provided with landing facilities to accommodate boats or other vessels. “Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. Building, Height of. “Height of building” means the vertical distance from the average contact ground level of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. Building, High Rise. “High rise building” means any structure which is five stories or more in height. Building Line Map. The front yards of all lots and side yards along the street side of a reversed corner lot are shown upon a map on file in the Planning Department, and Page 45 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 5 made a part of this title, being designated as the “building line map,” and such map and all notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by such map were all fu lly described herein. Building, Main. “Main building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the building site on which it is located. “Bulkhead” means a structure, including riprap or sheet piling, constructed to separate land and water and establish a permanent shoreline. “Carnival” means a traveling enterprise offering amusements with organized entertainment or exhibits and includes mechanical rides. “Carport” means a private garage, as defined herein, which is designed to be open on one or more sides. “Cellar” means a story where more than one-half of its floor-to-ceiling height is below the average contact ground level of the adjoining ground. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes. “Chula Vista General Plan” means the General Plan for the City, as adopted by the City Council on September 22, 1964, and as amended from time to time. “Commission” means the City Planning Commission of Chula Vista. “Communication equipment building or use” means a building or lot housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel. For the purpose of this title, a communication equipment building or use shall be considered a quasi- public use, where such use is referred to in the zoning regulations. “Community purpose facility” means a land use designation in a planned community intended for nonprofit and certain for-profit land uses as listed in CVMC 19.48.025(C). “Council” means the City Council of Chula Vista. “Court” means a yard on the same lot with a building which is bounded on two or more sides by the exterior walls of buildings on the same lot. “Crop and tree farming” means the raising for commercial purposes of any truck, field or orchard crops or wholesale nurseries or greenhouses, including necessary buildings incidental to such crop and qualified employee housing. Page 46 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 6 “Dance floor” shall mean a defined floor area located within a business establishment designed for the purpose of dancing by patrons of the establishment. “Day nursery” means day nurseries for working mothers; nursery schools for children under the minimum age of admission to public schools; parent-cooperative nursery schools; play groups for preschool children; programs giving afterschool care to school children; and all other types of group day care programs. The term “day nursery” does not include family day care homes; facilities offering 24-hour care; or regular elementary schools which offer educational programs only. “Day spa” means a business which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments. Treatments may include foot and body massage; facials; waxing; body wraps; salt scrubs; manicures; pedicures; aromatherapy; moxibustion; ear candling; and guasha (scraping), or other similar treatments. “Development unit” means that portion, along with the uses contained therein, of a planned community district which is proposed for development at one time and under one planned development permit. Development units may consist of portions of a planned community district or of the entire district. “Distance between residential structures” means the shortest horizontal distance between the vertical walls of two residential structures as herein defined. Location of points of measurement are subject to the exceptions contained in CVMC 19.16.060. “Dock” means a landing pier for boats; a wharf; or a structure supported by pilings or floats in such a manner as to allow free flow of water beneath said structure and in which any buildings constructed thereon are incidental to the use of said structure as a wharf or landing pier. “Driveway” means a private road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which located. “Dwelling” means any building or portion thereof designed or used exclusively as the residence of one or more persons, but not including a hotel/motel, tent, cabin, trailer or mobilehome. Dwelling, Accessory Dwelling Unit. “Accessory dwelling units or junior accessory dwelling units” are independent living facilities of limited size that provide permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. This includes efficiency units and manufactured homes, in conformance with the requirements for such units as defined in State Government Code Section 65852.2. “Dwelling group” means a group of two or more detached buildings used for dwelling purposes located on a parcel of land in one ownership and having any yard or court in common. Page 47 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 7 Dwelling, Multiple. “Multiple dwelling” means a building or portions thereof designed for or used exclusively for residence purposes by three or more families or housekeeping units, living independently of one another. Dwelling, Single-Family. “Single-family dwelling” means a building designed for or used exclusively for residence purposes by one family or housekeeping unit. Dwelling, Townhouse. “Townhouse dwelling” means an attached or semi -attached building containing a single dwelling unit and located or capable of being located on a separate lot. Dwelling, Two-Family or Duplex. “Two-family or duplex dwelling” means a building designed for or used exclusively for residence purposes by two families or housekeeping units, living independently of one another. “Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette. “E-commerce (electronic commerce)” includes commercial activities involving the sale of goods or services for profit, where those sales occur on virtual platforms including but not limited to the internet and applications within smartphones or other similar mobile cellular devices. “Efficiency living unit” means a dwelling unit for occupancy, which has a minimum floor area of 150 square feet and a maximum floor area of 450 square feet and which may also have partial kitchen or bathroom facilities and shall have the same meaning as “Efficiency Unit” as defined in Section 17958.1 of the California Health and Safety Code. “Electrical generating facilities” is a collective term of reference for each of the following individually defined sub-types: 1. Base Load Facility. A “base load facility” means an electrical generating facility that is intended to run constantly at near capacity levels. This sub -type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor-owned utility transmission corridors right-of-way. Base load facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. 2. Peaking Facility. A “peaking facility” means an electrical generating facility that is used to produce extra electricity during peak load times and is permitted to operate not more than 4,000 hours per year. This sub-type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor-owned utility transmission corridors. Peaking facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. Page 48 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 8 3. Private Facility. A “private facility” means an electrical generating facility that, regardless of fuel or energy source, is operated by a private property owner or lessee, and whose function is the provision of electricity to the permitted use(s) on a single or adjoining parcel(s) on which the facility is located or serves. The associated power load shall generally be up to 25 megawatts, or as determined by applicable state or other codes. A private facility can include district heat and power, and combined heat and power types as defined in the City’s Electrical Generating Facilities (EGF) Policy. 4. Backup and Emergency Facility. A “backup and emergency facility” means an electrical generating facility that is operated only during the interruption of electrical service from the distribution system or transmission grid due to circumstances beyond the operator’s control. 5. Residential-Level Facility. A “residential-level facility” means an electrical generating facility whose function is the provision of electricity to serve an individual private residential dwelling unit(s). Electric Vehicle (“EV”) Service and Sales. The leasing or sales of electric vehicles (EV), parts or services for EV's, and minor repairs/service including minor body work, replacement parts (excluding paint booths), where all activities occur within a building, office space, or commercial store front, with limited outdoor storage. Sales are limited to EV, hybrid vehicles and related service/parts sales. “Emergency shelter” means housing with minimal supportive services for homeless persons, with occupancy limited to a six-month term or less by homeless persons. Emergency shelter shall have the same meaning as defined in Section 50801(e) of the California Health and Safety Code. “Essential services” means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including any buildings, electric substations, or water storage tanks. “Family day care” means regularly provided care, protection and supervision of 14 or fewer children in the state-licensed provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away; provided, that the licensee of such family day care home who rents or leases their home shall notify the property owner or landlord in writing that they are operating a family day care home in the rented or leased property. Page 49 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 9 “Family day care home, large” means a family day care home, as defined by this section, which provides family day care to nine to 14 children, inclusive, including children who reside at the home. “Family day care home, small” means a family day care home, as defined by this section, which provides family day care to eight or fewer children, including children who reside at the home. Filling Station. For “filling station,” see “automobile service station.” “Floor area ratio (residential)” means the numerical value obtained by dividing the total area of all the floors of a building or buildings included within the surrounding walls, by the total area of the premises. “Fulfillment center” is a facility where a building is primarily used to receive, process, and fulfill numerous consumer orders associated with electronic commerce (“e-commerce”) or similar high capacity and high frequency orders and deliveries. The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees. “Full-time foster home” means a family residence in which 24-hour care is provided for not more than six children, including children of the foster family. Garage, Private. “Private garage” means a detached, fully enclosed accessory building or a portion of the principal building used only for the storage of passenger vehicles, boats or trailers by the persons resident or employed upon the premises; provided, that such garage, when in a residential zone or incidental to a residential use, shall not be used for the storage of more than one commercial vehicle of one and one-half tons or greater rated capacity per family residence upon the premises. Garage, Public. “Public garage” means a structure or portion thereof, other than a private garage, used for the storage, sale, care, repair or refinishing of self-propelled vehicles or trailers. “General development plan” means a description of the development proposed within a particular planned community zone consisting at a minimum of a map and written statement setting forth, in general, the regulations governing, and the location and arrangement of, all proposed uses and improvements to be included in the development. “Guest house” means detached living quarters of a permanent type of construction, without kitchen or cooking facilities and intended for use by occasional guests of the occupants of the main building, but not to exceed 90 days for any one guest over a one-year period. A guest house shall not be separately rented, let, or leased, whether compensation is direct or indirect. “Hazardous waste facility” means, as applicable, a hazardous waste facility project, specified hazardous waste facility, specified hazardous waste facility project, or land Page 50 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 10 disposal facility as defined in Section 25199.1 of the California Health and Safety Code, and shall include any structures, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. “Home occupation” means a commercial activity conducted in a dwelling, which is clearly incidental and secondary to the use of the dwelling for residential purposes, and in accordance with CVMC 19.14.490. “Hospital” means an institution in which patients are given medical or surgical care and which is licensed by the state to use the title “hospital” without qualifying descriptive word. “Hotel/motel” means a building or group of buildings comprised of six or more guestrooms or suites of rooms, where a majority of such rooms are occupied, intended or designed for occupancy by guests for temporary lodging or sleeping purposes for less than 30 consecutive calendar days, and is held out as such to the public (not including hospitals, residential facilities, qualified employee housing, boarding or lodging houses or single room occupancy residences). “Houseboat” means any vessel used or intended to be used primarily as a dwelling unit, in contrast to a vessel used or intended to be used primarily for carrying persons or goods. “Interested party” means any person who, in person or through a representative, appeared at a public hearing of the City of Chula Vista, or made written comments via U.S. Mail, e-comment or electronic mail (email) to the City, in connection with a decision or action appealed. “Interested party” shall also include the applicant for a permit. “Junkyard” means a place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, stored or abandoned, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, and not including sale of used cars in operable condition, or salvaged materials incidental to manufacturing operations. “Kennel” means a place kept for the purpose of the boarding, breeding, raising, selling or exchanging of dogs. “Kitchen or kitchenette” means any room or part of a room which is designed, built, used or intended to be used for food preparation and dishwashing, but not including a bar, butler’s pantry or similar room adjacent to or connected with a kitchen. Page 51 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 11 “Landscape manual” refers to the landscape manual adopted by the City Council of Chula Vista. “Landscaping” means planting, including trees, shrubs, lawn areas, and ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, decorative rock or other paved surfaces are considered as elements of landscape development. “Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this title, and having frontage on a public or an approved private street. “Lot area” means the computed area contained within the lot lines. Lot, Corner. “Corner lot” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street right-of-way lines is the “corner.” “Lot coverage” means the percent of the total site area covered by structures other than those excepted in this title. “Lot depth” means the mean horizontal distance between the front and the rear lot lines, or between the front lot line and the intersection of the two side lines if there should be no rear lot line. Lot, Interior. “Interior lot” means a lot other than a corner lot. Lot Line, Front. “Front lot line” means the line separating the lot from the street. In the case of a corner lot, the front lot line is the shorter of any two adjacent street lot lines. Lot Line, Interior. For “interior lot line,” see “lot line, side.” Lot Line, Rear. “Rear lot line” means a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: 1. For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line; or 2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; or Page 52 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 12 3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. Lot Line, Side. “Side lot line” means any lot line other than a front or rear lot line which intersects a front lot line. A side lot line separating a lot from a street is called a “side street lot line.” Lot Line, Street or Alley. “Street or alley lot line” means a lot line separating the lot from a street or alley. “Lot lines” means the property lines bounding the lot. Lot of Record. For “lot of record,” see CVMC 19.16.020. Lot, Through. “Through lot” means a lot having frontage on two parallel or approximately parallel streets. “Lot width” means the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. “Massage parlor” means a massage establishment as defined in CVMC 5.36.030. Mobilehome. For “mobilehome,” see “trailers.” “Narcotic or drug paraphernalia shop” or “head shop” means any business establishment or a portion of the premises of any business establishment wherein devices, contrivances, instruments or paraphernalia for smoking, sniffing or injection of marijuana, hashish, cocaine, PCP or any controlled substance is displayed or offered for sale. “Nonconforming structure” means a structure which was lawfully erected prior to July 8, 1969, but which, under the provisions herein, does not conform to the standards of coverage, yards, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located. “Nonconforming use” means a use of a structure or land which was lawfully established and maintained prior to July 8, 1969, but which, under the provisions herein, does not conform with the use regulations for the district in which it is located. “Nursing home” means any premises with sleeping rooms where persons are lodged and furnished with meals and nursing care, not including persons suffering from contagious disease, mental diseases, alcoholism or drug addiction. “Off-shore” means land below “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. “On-shore” means land above “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. Page 53 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 13 Open Space, Usable. “Usable open space” means any portion of a lot which is landscaped and/or developed for recreational and leisure use, and is conveniently located and accessible to all the units. (See CVMC 19.28.090.) “Park” means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. Parking Area, Private. “Private parking area” means an open area for the same uses as a private garage. Parking Area, Public. “Public parking area” means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers. “Parking space” means a permanently surfaced area of a size defined by Planning Commission resolution, within a structure or in the open, excluding area necessary for access under the provisions of this title, designed or used for the parking of a motor vehicle. When the long dimension of a parking space adjoins a wall or fence more than six inches in height, the width of such parking space shall be not less than 10 feet. “Performance standards” are the regulations for the control of “dangerous or objectionable elements” as defined in CVMC 19.66.080 through 19.66.150. Permitted Use. For the purpose of this title, a “permitted use” in any zone shall include any use listed as a “principal permitted use” or “accessory use” and shall further include a “conditional use” as listed for the particular zone, provided a conditional use permit is obtained. “Pet shop” means an establishment involved in selling or exchanging (but excluding boarding, breeding or raising) any birds, dogs or other pets, all of which for the purpose of this chapter are called “pets.” Pharmacy, Prescription. For “pharmacy, prescription,” see “prescription pharmacy.” “Planned development permit” means a permit issued by the City Planning Commission, authorizing the actual development and construction within a planned community zone. “Poultry farm” means any premises on which the primary use is the breeding, raising or maintaining of poultry for sale of eggs or poultry, or where the primary income from the premises is derived from the aforesaid occupation. Page 54 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 14 “Prescription pharmacy” means an establishment whose primary function is the sale of pharmaceutical drugs and prescriptions as well as medicinal supplies and goods. The incidental sales of toilet goods, toiletries, cosmetics, confections, tobacco and accessories, newspapers and magazines is also permitted. “Public/quasi-public” means used as public or seemingly public. For the purposes of this title, electrical substations, electrical generating facilities as defined in subsections (1), (2), (3) and (4) only of the definition “electrical generating facilities” in this section, water or wastewater treatment and storage facilities, education, civic, government offices, or other municipal, public agency or utility facilities, and others as listed in Chapter 19.47 CVMC shall be considered public/quasi-public uses, of a public service type. “Qualified employee housing” means accommodations for employees as defined in Section 17008 of the California Health and Safety Code, as may be amended, which has qualified or where the owner intends to qualify for a permit to operate under the Employee Housing Act (Health and Safety Code Section 17000 et seq.). Recreation, Commercial. “Commercial recreation” means recreation facilities operated as a business and open to the general public for a fee. Recreation, Private, Noncommercial. “Private, noncommercial recreation” means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization. Recreation, Public. “Public recreation” means publicly owned or operated recreation facilities. “Religious institution” means an institution that people regularly attend to participate in or hold religious services and incidental religious education, but not including private schools as defined in this chapter. “Residence, single room occupancy (SRO)” means a rooming unit or efficiency living unit located in a building containing six or more such dwellings that are offered for occupancy by residential tenants for at least 30 consecutive days. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared. “Residential density” means the average number of families living on one acre of land in a given area. “Net residential density” is determined by dividing the total number of families in a defined area by the total acreage of all parcels of land within the area that are used for residential and accessory purposes. “Gross residential density” is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks and local shopping facilities into the total number of families in said area. “Residential facility” means any family home, group care facility, or similar facility, licensed by the state of California, for 24-hour nonmedical care of persons in need of Page 55 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 15 personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Salvage Yard. For “salvage yard,” see “junkyard.” “Satellite dish antenna” is a device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite. It may be a solid, open mesh or bar configured structure, typically eight to 12 feet in diameter, in the shape of a shallow dish or parabola. “School” means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. “Self-storage facility” is a structure(s) containing separated storage spaces of varying sizes, leased or rented on an individual basis, and may include recreational vehicles storage. “Senior housing development” means a residential project which may exceed the maximum density permitted for families in the zones in which it is located, and which is established and maintained for the exclusive use of low- or moderate-income senior residents. Service Station. For “service station,” see “automobile service station.” Setback. For “setback,” see specific “yard” definitions. “Shoreline” means the boundary between land above and land below the “mean higher high water,” as defined by the latest U.S. Coast and Geodetic Survey. Stable, Private. “Private stable” means an accessory stable, corral or paddock used or designed to shelter horses belonging to the occupants of a dwelling, and where no horses are kept for hire or sale. Stable, Riding. “Riding stable” means any stable where horses are kept for hire. “Story” means that portion of a building included between the surface of any floor and the floor or ceiling next above it. Story, First. “First story” means the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except, that any basement or cellar used for residential purposes shall be deemed the first story. Page 56 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 16 Story, Half. “Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for one or more dwelling units shall be deemed a full story. Story, Mezzanine. “Mezzanine story” means a story which covers one-third or less of the area of the story directly underneath it. “Street” means a public right-of-way, more than 30 feet in width, which provides a public means of access to abutting property. The term “street” includes “avenue,” “drive,” “circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” or any other similar term. The term shall include the total width of the dedicated right - of-way. Street, Private. “Private street” means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites. “Structural alteration” means any change in the structural members of a building, such as walls, columns, beams or girders. “Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (Section 65582(g) of the State Government Code). “Target population” means persons with low incomes who have one or more disabilities as described in Section 65582(i) of the State Government Code. “Surface mining operations” means all, or part of, the process involved in the mining of minerals on mined lands, as defined in Chapter 19.69 CVMC, by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations inclu de, but are not limited to, in-place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). “Tideland” means lands between the “mean higher high water” and the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. Page 57 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 17 “Townhouses” means attached or semi-attached buildings, each containing a single dwelling unit and each located or capable of being located on a separate lot. Trailer Camp, Trailer Park or Mobilehome Park. “Trailer camp, trailer park or mobilehome park” means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers or mobilehomes occupied as a residence. Trailers. 1. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at a campsite to provide temporary living quarters. 2. “Motorhome” means a vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, primarily designed to provide temporary living quarters. 3. “Camper (slide in)” means a portable unit, consisting of a roof, floor and sides designed to be loaded into and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters. 4. “Cargo trailer” means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, including a boat or livestock. 5. “Travel trailer” means a vehicular portable unit mounted on wheels of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and primarily designed and constructed to provide temporary living quarters. 6. “Mobilehome” means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units, and shall not include a recreational vehicle, commercial coach or factory-built housing. 7. “Commercial coach” means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall not include mobilehomes. Such coaches shall bear the State Division of Housing’s insignia of approval as a commercial coach. “Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (Section 65582(j) of the State Government Code). Page 58 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 18 “Underwater land” means land below the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. “Unified control” means the written consent or agreement of all property owners. Usable Open Space. For “usable open space,” see “open space, usable.” “Warehousing facility” means the use of a building primarily for the storage of goods of any type (e.g., cold storage) by one or two businesses and used for the sale or distribution of those goods to their direct customers (excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions). Typically, 200,000 square feet or less in size with a land coverage ratio of approximately 45 to 55 percent with dock -high and/or ground level loading doors on one side of the building only. “Warehousing, logistics and distribution facility” is one used for the storage and/or consolidation of manufactured goods (and, to a lesser extent, raw materials, and includes bulk storage of materials which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers are generally greater than 200,000 square feet in size, with a land coverage ratio of approximately 40 to 60 percent; have dock-high loading doors that also could be located on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including: 1. Freight yards/forwarding terminals. 2. Warehousing distribution/high cube distribution centers. 3. Moving agencies. 4. Parcel delivery terminals. 5. Railroad freight stations. 6. Shipping/receiving yards. 7. Truck terminals. “Warehousing sales, retail” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods both directly to the ultimate consumer and incidental wholesaling. Generally, sales tax is collected from the ultimate consumer. “Warehousing sales, wholesale” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and Page 59 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 19 buying merchandise for, or selling merchandise to, such individuals or companies, and specifically excluding sales of goods directly to the ultimate consumer. Generally, sales tax is not collected from businesses purchasing such goods. “Waterfront land” means any lot above the “mean higher high water” as defined by the U.S. Coast and Geodetic Survey having frontage directly upon the shoreline, as defined herein. Yard, Front. “Front yard” means an open space extending the full width of the lot measured between the building closest to the front lot line, which open space is between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. Yard, Front, Least Depth. “Front yard, least depth” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the front lot line. Yard, Front, Least Depth – How Measured. Such depth shall be measured from the front lot line; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City (“plan line procedure”) differs from that of the existing street, then the required front yard, least depth, shall be measured from the right-of-way line of such street as adopted; or said building shall comply with the official setback lines as adopted by the City. Yard, Rear. “Rear yard” means an open space between a building and the rear lot line, unoccupied and unobstructed from the ground upward and extending across the full width of the lot, except as specified elsewhere in this title. Yard, Rear, Least Depth. “Rear yard, least depth” means the shortest distance, measured horizontally, between any part of a principal building, other than parts hereinafter excepted, and the rear lot line. Yard, Side. “Side yard” means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title. A side yard on the street side of a corner lot shall be known as an “exterior side yard.” Yard, Side, Least Width. “Side yard, least width” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the nearest side lot line. Yard, Side, Least Width – How Measured. Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City differs from that of the existing street, then the required side yard, least width, shall be measured from the right-of-way of such street as adopted; or said building shall comply with any applicable official setback lines. Page 60 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 20 “Zone” means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. “Zoning map” means the zoning map or maps of Chula Vista, together with all amendments subsequently adopted. “Zoning permit” means a document issued by the Building Inspector authorizing buildings, structures or uses consistent with the terms of this title, and for the purpose of carrying out and enforcing its provisions. “Zoning wall or fence” means a wall or fence erected along the property line or zoning boundary to separate any commercial or industrial zones or uses from adjacent residential zones and a fence to separate multiple-family zones from single-family zones. 19.40.020 Permitted uses. Principal permitted uses in a C-T zone are as follows: A. Stores, shops and offices supplying commodities or performing services for residents of the City as a whole or the surrounding community, such as department stores, banks, business offices and other financial institutions and personal service enterprises; B. New car dealers and accessory sale of used cars (see CVMC 19.40.030 for used car lots); electric vehicle (“EV”) service and sales; boat and equipment sales and rental establishments, subject to the provisions of CVMC 19.58.070; C. Hotels/motels, subject to the provisions of CVMC 19.58.210; D. Retail shops for the sale of auto parts and accessories, souvenirs, curios and other products, primarily to serve the traveling public; E. Restaurants and cocktail lounges (dance floors subject to the provisions of CVMC 19.58.115 and Chapter 5.26 CVMC); F. Animal hospitals and veterinary clinics, subject to the provisions of CVMC 19.58.050; G. Bakery and creamery establishments; H. Printing and publishing or lithographic shops; Page 61 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 21 I. Commercial recreation facilities, such as swimming pools, bowling alleys, and skating rinks, subject to the provisions of CVMC 19.58.040; J. Plant nurseries; K. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish antennas in accordance with the provisions in CVMC 19.22.030(F)(1) through (9) and (11) through (13); L. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140; M. Agricultural uses as provided in CVMC 19.16.030; N. Sexually oriented businesses, subject to the provisions of CVMC 19.58.024; O. Used clothing sales; P. Knitting and weaving shops; Q. Upholstery shops; R. Massage parlors, subject to the provisions of Chapter 5.36 CVMC. 19.44.020 Permitted uses. Permitted uses in an I-L zone are as follows: A. Manufacturing, printing, assembling, processing, repairing, bottling, or packaging of products from previously prepared materials, not including any prohibited use in this zone; B. Manufacturing of electrical and electronic instruments, devices and components; C. Wholesale businesses, storage and warehousing; D. Laboratories; research, experimental, film, electronic and testing; E. Truck, trailer, mobilehome, boat and farm implement sales establishments; F. Public and private building material sales yards, service yards, storage yards, and equipment rental; Page 62 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 22 G. Minor auto repair; H. Laundries, laundry services, and dyeing and cleaning plants, except large -scale operations; I. Car washing establishments, subject to the provisions of CVMC 19.58.060; J. Electric Vehicle (“EV”) Service and Sales; JK. Plumbing and heating shops; KL. Exterminating services; LM. Animal hospitals and veterinarians, subject to the provisions of CVMC 19.58.050; MN. The manufacture of food products, drugs, pharmaceuticals and the like, excluding those in CVMC 19.44.050; NO. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140; OP. Temporary tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.600(E)(2);* P. Any other limited manufactured use which is determined by the Commission to be of the same general character as the above uses; Q. Agricultural uses as provided in CVMC 19.16.030; R. Emergency shelters, limited subject to the provisions of CVMC 19.58.143. Section II. Changes to Scheduling Items for City Council Meetings. The Chula Vista Municipal Code is hereby amended as follows: Section 8.24.180 Payment of solid waste collection charges – Penalty for delinquency. Subsections A thru E remain unchanged. F. Lien Process for Solid Waste Services. 1. Hearing and Lien – Notice. When the full amount for said Solid Waste service charge is not paid within 15 days after the final notice of delinquency, the City Clerk Page 63 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 23 may set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting, which will be held at least seven calendar days after such 15-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing at least 10 days in advance of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once at least 10 days in advance thereof in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing, in a conspicuous place at or near the entrance of the Council chambers in the City Hall. 2. Delinquent Accounts – Hearing and Assessment. The City Council shall consider said delinquent accounts at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the charges may present a written or oral protest or objection to the delinquency of said account or the amount owed thereon. At the conclusion of the hearing, the City Council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the City Council. The decision o f the City Council on the charges and on all protests or objections shall be final and conclusive. The amounts so approved shall reflect the entire amount due, including all penalties, interest, and administrative fees that have accrued against the account as of the date of the hearing plus any county fees (for processing and collecting the lien). The amount shall be charged to the property owner on the next regular tax bill and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause the same to be recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property. The City Council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. 3. Delinquent Accounts – Administrative Fee. All delinquent accounts that are not paid within 10 days after the final delinquency notice has been posted may be charged an administrative processing fee to offset the costs incurred by the City in administering the provisions of this chapter. The administrative processing fee (designated for administrative convenience only in the master fee schedule) shall be added to the amount that shall be charged to the property owner on the next regular tax bill under subsection (F)(2) of this section. The rest of the Subsections remain unchanged. Section 12.40.060 Appeal – Decision authority. Upon receipt of such appeal, the City Clerk shall take no longer than 30 calendar days to place the matter upon the agenda of a regularly scheduled meeting of the City Council. The meeting date shall also be no more than 60 calendar days from the application’s filing date. The decision of the City Council shall be final. Page 64 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 24 Section 13.14.150 Payment of sewer service and pump station charges – Penalty for delinquency – Discontinuance of service – When – Unlawful connection – Backbilling and penalty. Subsections A thru E remain unchanged. F. Notice of Delinquency – Hearing and Lien. When the full amount for said sewer service charge is not paid within 60 days after the final date of payment, the City Clerk shall set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting which will be held at least seven calendar days after such 60 -day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once, at least 10 days in advance thereof, in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing in a conspicuous place at or near the entrance of the Council Chambers in the City Hall. The rest of the Subsections remain unchanged. Section 15.50.040 Request for reimbursement agreement. Whenever a developer is required to install or replace such public improvements or whenever the City may have participated in the costs of such improvements which either the developer or the City feels will be of benefit to property other than his own, which properties are not subject to an assessment for such costs under a public improvement proceeding, the developer or the City may request that the City Council form a reimbursement district. The request shall be in writing and filed with the City Clerk who shall place it on the agenda of the next regular meeting of the City Council. Section 18.16.170 Approval – Prerequisites – Notice. Pursuant to Government Code 66458(d) the City Engineer shall notify Council at its next regular meeting after the City Engineer receives an approvable final map package that the final map is being reviewed for final approval. The City Clerk shall notice any final maps under final review on the City Council agenda and shall notify any interested part ies who have requested notice. Section 19.14.588 Design review – Appeal procedure. A. An interested party may file an appeal from the decision of the Zoning Administrator to the Planning Commission within 10 business days after the decision is made. The appeal shall be in writing and filed with the Development Services Department on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the Development Services Page 65 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 25 Department shall take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. 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 Zoning Administrator. 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 design review manual. The decision of the Planning Commission shall be final. B. An interested party may file an appeal from the decision of the Planning Commission to the City Council within 10 business days after the decision is made. The appeal shall be in writing and filed with the City Clerk on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the City Clerk shall take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled City Council meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. 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 or Zoning Administrator for minor projects. 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 design review manual. 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. 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 design review manual. The decision of the City Council shall be final. Section 19.52.040 Procedures following Planning Commission decision – Appeals. A. After decision by the Planning Commission, copies thereof shall be mailed to the applicant and to any party filing a written notice therefor with the secretary of the Commission or the Director of Planning and Building, and the application and any supporting documents, together with the written decision of the Planning Commission, shall be forwarded to the City Clerk, who shall cause same to be placed upon the agenda of a regular meeting of the City Council within 15 days after receipt thereof. B. If the applicant or any other interested party is dissatisfied with the decision of the Planning Commission, such person may file a notice of appeal within 10 days from the date such notification of the Planning Commission’s decision was mailed to the app licant. Such notice of appeal shall be filed with the City Clerk. Such appeal shall be in writing and shall state wherein the appellant feels the Planning Commission’s decision was in error, and his reasons therefor. Section III. Revision to Accessory Dwelling Unit Size Standards. The Chula Vista Municipal Code is hereby amended as follows: Page 66 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 26 19.58.022 Accessory dwelling units. Subsections A and B remain unchanged. C. Accessory dwelling units shall be subject to the following requirements and development standards: 1. Zones. Accessory dwelling units can be created in areas zoned to allow single- family or multifamily dwelling residential use. A coastal development permit may be required for accessory dwelling units within the coastal zone. Construction of a primary residence can be in conjunction with the construction of an accessory dwelling unit. 2. Number of Accessory Dwelling Units Permitted. a. An accessory dwelling unit is permitted on a lot with a proposed or existing single-family dwelling unit. b. A minimum of one accessory dwelling unit, or up to 25 percent of the existing multifamily units, is permitted within an existing multifamily dwelling, as a result of the conversion of nonhabitable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; or c. Up to two detached accessory dwelling units shall be permitted on a lot with an existing multifamily dwelling. 3. Unit Size. Accessory dwelling units shall conform to the following size requirements: a. The total floor area for an attached accessory dwelling unit shall not exceed 50 percent of the total floor area of the proposed or existing primary residence, or 850 square feet for a one-bedroom unit and 1,000 square feet for a unit with more than one bedroom, whichever is greater. b. An accessory dwelling unit of at least 800 square feet shall be permitted regardless of floor area ratio, lot coverage or open space requirements of the underlying zone. c. The total floor area for a detached accessory dwelling shall not exceed 1,200 square feet. d. An accessory dwelling unit within an existing accessory structure may be increased by a maximum of 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress. Page 67 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 27 4. Unit Location. Accessory dwelling units may be attached to or located within a proposed or existing primary residence or accessory structure (including attached garages, storage areas or similar structures). Accessory dwelling units may be detached from the primary residence. 5. Height. An accessory dwelling unit, as measured from the ground, shall not exceed the height limit for the primary residence in accordance with the underlying zone, or 16 feet, whichever is greater. However, a taller unit can be built based on the following exceptions: a. Detached. i. Up to 18 feet on a lot with an existing or proposed single-family or multifamily dwelling if it is located within a half -mile of transit or high-quality transit corridor. The maximum can also be increased to 20 feet only if it is necessary to match the roof pitch of the ADU to that of the main house. ii. Up to 18 feet on a lot with an existing or proposed multi-story multifamily dwelling, regardless of proximity to public transit. b. Attached. Up to 25 feet high for either a primary single-family or multifamily dwelling, or as high as the underlying zoning designation allows, whichever is lower. The ADU shall also be no greater than two stories. 6. Development Standard Exceptions. Accessory dwelling units shall conform to the underlying zoning and land use development requirements for primary residences with the following exceptions: a. A new attached or detached accessory dwelling unit is allowed a setback of no less than four feet from the side and rear lot lines. In addition, an encroachment into the front yard setback is also allowed only if it is necessary to construct a minimum 800-square-foot unit. b. A new detached accessory dwelling unit shall be located a minimum of six feet from a primary residence. c. No setback shall be required for an existing garage, living area, or accessory structure constructed in the same dimensions that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no less than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above an accessory structure. d. Correction of nonconforming zoning conditions and/or building code violations shall not be a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit. Page 68 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 28 7. Parking. Parking for an accessory dwelling unit is not required in any of the following instances: a. The accessory dwelling unit is located within one-half mile walking distance of public transit. b. The accessory dwelling unit is within an architecturally and historically significant historic district. c. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. d. The accessory dwelling unit is in an area where on -street parking permits are required, but not offered to the occupant of the accessory dwelling unit. e. The accessory dwelling unit is located within one block of a car share area. f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection. 8. Accessory dwelling units not meeting any of the above requirements shall be subject to the following access and parking regulations: a. Parking. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. Parking spaces may be provided in tandem on a driveway; provided, that access to the garage for the primary residence is not obstructed. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. b. The required parking space(s) shall be on the same lot as the accessory dwelling unit. This parking is in addition to the parking requirements for the primary residence as specified in CVMC 19.62.170. c. Notwithstanding CVMC 19.62.190, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory dwelling unit that was previously used by the primary residence, replacement parking is not required. If the existing driveway is no longer necessary for access to the converted garage or other required parking, said driveway may be used to satisfy the required parking for the accessory dwelling unit when not exempt from subsection (C)(7) of this section. d. Access to all required parking shall be from a public street, alley or a recorded access easement. Access from a designated utility easement or similar Page 69 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 29 condition shall not be permitted. For any lot proposing an accessory dwelling unit and served by a panhandle or easement access, the access must be a minimum of 20 feet in width. e. Curb cuts providing access from the public right-of-way to on-site parking spaces shall be acceptable to the City Engineer. A construction permit from the City Engineer shall be obtained for any new or widened curb cuts. f. Required parking spaces or required maneuvering area shall be free of any utility poles, support wires, guard rails, standpipes or meters, and be in compliance with CVMC 19.62.150. g. When a required parking space abuts a fence or wall on either side, the space shall be a minimum of 10 feet wide. If this area also serves as the pedestrian access from an accessory dwelling unit to the street, the paving shall be a minimum 12 feet wide. 9. Utilities. An accessory dwelling unit may be served by the same water and sewer lateral connections that serve the primary residence. A separate electric meter and address may be provided for the accessory dwelling unit. 10. Design Standards. Dwelling units on the lot should be complementary or compatible in appearance with each other by incorporating matching architectural design, building materials, and colors of the primary residence with the accessory dwelling unit, and any other accessory structure built concurrently with the accessory dwelling unit. However, the primary residence may be modified to match the new accessory dwelling unit. 11. Designated Historical Sites. An accessory dwelling unit may be allowed on designated or historical sites, provided the location and design of the accessory dwelling unit meets corresponding historical preservation requirements in place at the time the accessory dwelling unit is built, and complies with the requirements of this section including the following: a. The accessory dwelling unit shall be located behind a primary residence that is determined to be a historic resource. b. The construction of the accessory dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables, or other similar structures. c. The accessory dwelling unit shall be designed to have a distinguishable architectural style and finished materials composition from the historic primary residence or structure. Page 70 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 30 d. Construction of an accessory dwelling unit shall not result in demolition, alteration or movement of any historic structures and any other on-site features that convey the historic significance of the structure and site. e. If an historic house/site is under a Mills Act contract with the City, the contract shall be amended to authorize the introduction of the accessory dwelling unit on the site. 12. Occupancy Requirement. At the time of building permit submittal, and continuously thereafter, the property owner(s) shall reside on the lot on which the accessory dwelling unit is located or constructed. The Zoning Administrator shall have the authority to suspend this occupancy requirement for a period not to exceed five years when evidence has been submitted that one of the following situations exists: a. The property owner’s health requires them to temporarily live in an assisted living or nursing facility. b. The property owner is required to live outside the San Diego region as a condition of employment or military service. c. The property owner is required to live elsewhere to care for an immediate family member. d. The property owner has received the property as the result of the settlement of an estate. This subsection (C)(12) shall be held in abeyance until January 1, 2025. 13. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. 14. An application for an accessory dwelling unit that is deemed complete by the City shall be considered and approved ministerially and without a hearing within 60 days if there is an existing single-family or multifamily dwelling on the lot. If the application is submitted with an application to create a new single-family dwelling on the lot, the application for the accessory dwelling unit shall be considered and approved within 60 days of approval of the new single-family dwelling. If an ADU application is denied, a full set of comments, listing the specific items that are defective or deficient, shall be provided to the applicant. These comments must also describe how the application can be remedied by the applicant. 15. A demolition permit for a detached garage that is to be replaced with an ADU must be reviewed with the ADU application and issued at the same time. 16. Accessory dwelling units that are applied for after the effective date of the ordinance codified in this section cannot be rented for less than 30 days. Page 71 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 31 17. Accessory dwelling units are exempt from the requirements of CVMC 12.24.030, Dedications – Required. 18. An application for an accessory dwelling unit on a private sewage disposal system shall require approval by the local health officer. Section IV. Addition of Coastal Development Permit Findings for Approval. The Chula Vista Municipal Code is hereby amended as follows: 19.83.015 Finality of City action. A local decision on an application for a development shall be deemed final when (A) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified LCP, and that the required conditions of approval adequate to carry out the certified LCP as required in the implementing ordinances have been imposed, and (B) all rights of appeal have been exhausted as defined in CVMC 19.83.019. A decision to approve a coastal development permit must be based upon the following written findings: 1. The proposed project is consistent with the certified Local Coastal Program of the City of Chula Vista. 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) and that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et seq. of the Coastal Act. Section V. Change of Permitting Authority to the Development Services Department in Certain Instances Within Title 12 (Streets and Sidewalks). The Chula Vista Municipal Code is hereby amended as follows: Section 12.08.010 Overweight vehicles – Permit required. No person shall move or operate upon any of the City streets any vehicle with a load or loads in excess of those permitted by the Vehicle Code without a written permit from the City Engineer or designee. Page 72 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 32 Section 12.08.020 Overweight vehicles – Conditions for granting permit. The City Engineer or designee may, by written permit, authorize a load or loads in excess of those allowed in the Vehicle Code if, in his judgment, the streets upon which such vehicle is to be operated can safely withstand the additional weight and if the applicant will guarantee to the City that all costs of repair to the streets or to the public property of the City damaged by the movement of such load or loads will be paid in full. Such permit will be granted upon such conditions and upon the deposit of such bond as the City Engineer or designee may require. Section 12.08.030 Overweight vehicles – Permit recordkeeping required. Upon the issuance of a permit as authorized in this section, the City Engineer or designee shall cause to be filed with the Chief of Police a copy thereof, describing the vehicle or vehicles covered by such permit, the load or loads, the time during which such permit will be in effect, and the streets or routes to be used. Section 12.40.010 Statutory regulations applicable – Public hearing procedure – Investigation. In order to comply with the State Planning Act, the Street Vacation Act of 1941, and the Public Service Easement Vacation Law of the state, it is necessary to hold a public hearing prior to the vacation of any dedicated street or easement within the City. As a preliminary to said hearings, the City Engineer, in collaboration with the Director of Development Services and the Director of Public Works,ing Department and the City Planning Department shall conduct reasonable investigations to ascertain whether or not the public interest would be served by closing or vacating a specific street or portion thereof, or by the vacating of a specific easement in said City. It is the purpose and intent of the City Council to establish fees which shall be paid by the petitioner upon the filing of a request for the processing of an application for such street or easement vacations, in order to reimburse the City for expenses incurred. Section VI. Revisions to R-3 (Apartment-Residential) Zoning Designation Regarding Density. The Chula Vista Municipal Code is hereby amended as follows: 19.28.010 Purpose. The purpose of the R-3 zone is to provide appropriate locations where apartment house neighborhoods of varying degrees of density may be established, maintained, and protected. The regulations of this district are designed to promote and encourage an inten sively developed residential environment, with appropriate environmental amenities such as open areas, landscaping and off-street parking. To this end, the regulations permit, in accordance with the respective density districts, multiple dwellings ranging from garden apartments to multi-story apartment houses, and necessary public services and activities subject to proper controls. Also permitted, subject to special control, are certain retail and service activities intended for the convenience and service of the residents of the district. 19.28.070 Area, lot width and yard requirements. A. The following minimum area, lot width and yard requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.080, and as modified for conditional uses. The minimum requirements shall be designated on the zoning map. Page 73 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 33 Setbacks in Feet District Classification Building Site (sq. ft.) Site Width (ft.) Area per Dwelling (sq. ft.) Front (3) Exterior Side Yard One Interior Side Yard Both Interior Side Yards Rear R-3 7,000 65 1,350(4) 15(1) 10(1) 5(2) 10(2) 15(2) R-3-M 7,000 65 2,000(4) 15(1) 10(1) 5(2) 10(2) 15(2) R-3-T 2,000 22 2,000 15(1) 10(1) 0 0 20 R-3-G 7,000 65 2,500 15(1) 10(1) 5(2) 10(2) 15(2) R-3-H 10,000 80 800 15(1) 10(1) 20(2) 50(2) 20(2) R-3-L 7,000 65 3,500 15(1) 10(1) 5(2) 10(2) 15(2) The following are exceptions to the above chart: 1. Front yards: The front setback shall not be less than that specified on the building line map. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district. 2. Side and rear yards: Side and rear yard requirements shall be increased an additional two feet for 25-foot-high structures (this dimension shall include the roof), and shall be increased at the rate of two feet for each story above 25 feet. Exception: When adjacent to an R-1, R-E or R-2 zone, the side yard setback shall be increased to 15 feet for any structure over one story or 15 feet in height, with an additional two-foot setback required for each story above 25 feet in height. In those cases where the rear yard abuts an R-3, commercial or industrial zone, the Planning Commission may grant up to a 10-foot reduction in the rear yard setback; provided, it is found that the affected open space has been transferred to a more beneficial location on the lot. 3. A front yard of 25 feet shall be required for all parcels fronting upon streets designated as major or secondary thoroughfares on the adopted Chula Vista General Plan; provided, however, that private patios and one-story portions of main buildings not exceeding 15 feet in height shall be permitted within said required front yard exclusive of the front 15 feet of said required front yard which shall be reserved for screening materials and landscaping. Said required front yard setback shall be increased an additional five feet for each story in excess of three stories. 4. The net residential density permitted under the “Area per Dwelling” column of this section’s table is maximum. On lots containing less than 15,000 square feet, the net area required for each dwelling unit established within the R-3 and R-3-M zones shall also be governed by the standards contained within the following table: Area requirements per dwelling unit based upon lot area and the number of bedrooms per dwelling unit Page 74 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 34 REQUIRED AREA PER DWELLING UNIT (Square feet) Lot Area (sq. ft.) Studio and One Bedroom Two Bedroom Three Bedroom Four Bedroom or more R-3 R-3-M R-3 R-3-M R-3 R-3-M R-3 R-3-M 15,000 or more 1,350 2,000 1,430 2,080 1,510 2,160 1,590 2,240 10,000 to 14,999 1,500 2,200 1,580 2,280 1,660 2,360 1,740 2,440 7,000 to 9,999 1,700 2,500 1,780 2,580 1,860 2,660 1,940 2,740 Less than 7,000 2,000 3,000 2,080 3,040 2,160 3,120 2,240 3,200 B. In the R-3, R-3-M, R-3-T, R-3-G, and R-3-L zones, coverage shall not exceed 50 percent of the area of the site. In the R-3-H zone, coverage shall not exceed 25 percent of the site. Section VII. Addition of Findings for Approval for a Design Review Permit. The Chula Vista Municipal Code is hereby amended as follows: 19.14.593 Findings for Approval - Design Review. A. The proposed Project is consistent with the City of Chula Vista’s General Plan, Title 19 of the Municipal Code, Sectional Planning Area, Specific Plan, etc. B. The proposed Project is consistent with the design requirements and recommendations contained in the City of Chula Vista’s Design Manual. C. The project would not adversely affect the health, safety, or general welfare of the community. Section VIII. Revisions to Applicability of a Design Review Permit. The Chula Vista Municipal Code is hereby amended as follows: 19.14.582 Design review approval. A. Plans for the establishment or, location, expansion or alteration of (1) multifamily buildingsstructures in all multifamily residential zones, and (2) nonresidential buildings structures in all commercial and industrial zones, shall require design review by the Planning Commission. Patio covers, shade structures, awnings, and other similar architectural features within these same zones shall not require design review. Page 75 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 35 B. The Planning Commission shall approve, conditionally approve or deny such plans. The Planning Commission shall base its findings and actions on the design review provisions of the affected design manuals of the City. CB. The Zoning Administrator has the discretion, with the concurrence of the applicant, to act in the place of the Planning Commission in the case of minor projects, including new construction or building additions to commercial, industrial, or institutional projects with a total floor area of 2100,000 square feet or less, and residential projects of 1200 units or less. Generally, Tthe Zoning Administrator and/or Planning Commission shall base its findings and actions upon the provisions within Section, andof the affected design manuals of the City. Section IX. Revisions to Standards for SB9 Two-Unit Developments and Urban Lot Split Parcel Maps. The Chula Vista Municipal Code is hereby amended as follows: 19.58.450 Two-unit residential developments and urban lot split parcel maps in single-family zones. Subsections A thru C remains unchanged. D. Development Standards for Two-Unit Residential Development in Single-Family Zones. Two-unit residential developments in single-family zones shall be subject to the following requirements and objective development standards: 1. Number and Size of Units. a. If a parcel includes an existing single-family home, one additional unit may be developed pursuant to this section. b. If a parcel does not include an existing single-family home, or if an existing single-family home is proposed to be demolished in connection with the creation of a two-unit residential development, two units may be developed pursuant to this section. c. No more than four units, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units, may exist on a single- zoned residential parcel on which an Urban Lot Split Parcel Map has been approved. 2. Parking. Off-street parking of up to one space per unit is required, except in either of the following instances: a. The parcel is located within one-half mile walking distance of either a high- quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. Page 76 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 36 b. There is a car share vehicle located within one block of the parcel. 3. Setbacks. a. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. b. For all other dwelling units proposed in connection with a two -unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines. c. Units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance. 4. Design. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit(s) shall utilize the same exterior materials and colors as the existing dwelling unit to the extent practical. 5. Accessory Dwelling Unit Development Exemptions. If an applicant for a dwelling unit developed under CVMC 19.58.022, Accessory dwelling units, seeks to convert the dwelling unit to a two-unit development pursuant to this section, any and all development exemptions granted to the dwelling unit pursuant to CVMC 19.58.022(C)(9) and (C)(13) shall be null and void subject to the final decision of the Director of Development Services. 6. Short-Term Rental Prohibition. Dwelling units created pursuant to this section shall have rental terms of 30 days or longer and shall not be considered eligible for Short-Term Rental pursuant to CVMC 5.68.050. E. Urban Lot Split Parcel Map in Single-Family Zones. A proposed parcel map for an urban lot split within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed parcel map meets all of the following requirements: 1. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. 2. Both newly created parcels are no smaller than 1,200 square feet. 3. The parcel being subdivided meets all the following requirements: Page 77 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 37 a. The parcel is located within a single-family residential zone as defined in Chapter 19.22 CVMC, R-E – Residential Estates Zone, and Chapter 19.24 CVMC, R-1 – Single-Family Residence Zone. b. The parcel subject to the proposed urban lot split complies with all provisions of subsections (C) and (D) of this section. c. The parcel has not been established through prior exercise of an urban lot split as provided for in this section. d. Neither the owner of the parcel being subdivided, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. e. The parcel conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), except as otherwise expressly provided in this section. 4. Any parcel created by this section shall be used for residential purposes only. 5. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Director of Development Services Department, or their designee. 6. No more than four total units are allowed on an approved Urban Lot Split Parcel Map, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units. This can either mean two units on each parcel, or, one unit on one parcel and three units on the other parcel. 67. Units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in subsection (D)(3) of this section. 78. Parking spaces for new units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be provided in accordance with subsection (D)(2) of this section. 89. Prior to the issuance of a building permit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees. The covenant shall notify future owners of the owner occupancy requirements, the approved size and attributes of the units, and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two total units may be permitted on any single parcel created using the Urban Lot Split Parcel Map procedures. If an Urban Lot Split Parcel Map was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter. Page 78 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 38 This covenant shall remain in effect so long as a two-unit residential development exists on the parcel. 910. The Urban Lot Split Subdivision shall comply with all requirements of CVMC Title 18, Subdivisions, and the California Subdivision Map Act except as expressly modified by this chapter. 1011. An applicant for an Urban Lot Split Parcel Map shall sign an affidavit, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees, stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split Parcel Map. This subdivision shall not apply to an applicant that is a “community land trust,” as defined in Section 402.1(a)(11)(C)(ii) of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. 121. Notwithstanding Section 66411.1 of the Government Code, the City shall not impose regulations that require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. 132. Preliminary Title Report. There shall be filed with each Urban Lot Split Parcel Map a current preliminary title report of the property being subdivided or altered. 143. Additional Subdivisions Prohibited. No further subdivision of parcels created using the Urban Lot Split Parcel Map or Urban Lot Split Subdivision procedures of this chapter shall be permitted. 154. The parcels created by this section shall have access to, provide access to, or adjoin the public right-of-way. The rest of this Section remains unchanged. Section X. Revisions to the Reconstruction of Nonresiddential, Legal Non- Conforming Structures. The Chula Vista Municipal Code is hereby amended as follows: 19.64.160 Previously conforming structure – Replacement – Nonresidential. A. A previously conforming nonresidential structure, whether to be replaced by the exact same structure and/or use, or, incurreding damage by fire, explosion, wind, earthquake, war, riot, or other calamity or act of God, which damage does not exceed 60 percent of its value, as established by the City Manager or designee, at the time of damage, may be reconstructed subject to the conditions in CVMC 19.64.170. Page 79 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 39 1. Notwithstanding subsection (A) of this section, reconstruction shall not be permitted in the City right-of-way. B. In no event shall a previously conforming nonresidential structure incurring damage exceeding 60 percent of its value, as established by the City Manager or designee, at the time of damage, be reconstructed or restored to its condition prior to such damag e. Section XI. Revisions to Processing Procedures for Planned Sign Programs (PSPs). The Chula Vista Municipal Code is hereby amended as follows: 19.60.050 Standard provisions. Subsections A thru I remain unchanged. J. Sign Programs. Sign programs, voluntarily proposed for specific developments, as well as special sign districts or special sign overlay zone, when approved by the Zoning AdministratorPlanning Commission or the City Council may modify the rules stated herein as to sign size, height, illumination, spacing, orientation or other noncommunicative aspects of signs, but may not override or modify any of these standard provisions. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. Section XII. Revisions to Home Occupation Permit Standards. The Chula Vista Municipal Code is hereby amended as follows: 19.14.490 Home occupations – Permit required when – Restrictions and requirements – Revocation when – Appeals. In any R zone, a customary home occupation may be permitted subject to a home occupation permit granted by the Development Services DepartmentDirector which is merely incidental and secondary to residence use. Each such permit shall be accompanied by the required filing fee(s). The following are typical home occupations: fine arts, handicrafts, dressmaking, millinery, laundering, preserving, home cooking, route salesman; or office of a doctor, dentist, lawyer, architect, engineer, teacher or member of another recognized profession. In approving a home occupation permit, the Development Services Department must find that the use can be conducted safely, will not have an adverse effect on the neighborhood or other adjacent uses, and can reasonably be expected to conform to the following restrictions: The home occupation shall not: A. No use shall create or cause noise, dust, vibration, smell, glare or electrical interference or other hazards or nuisances. B. No employees other than residents of the dwelling shall be allowed in connection with a home occupation. (Babysitters or domestic servants are not considered employees of a home occupation.) Page 80 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 40 C. There shall be no clients or customers on the premises at any time, except where the Development Services Department determines that limited customer traffic may be warranted due to the nature of the business. D. If a home occupation is to be conducted on rental property, the property owner's authorization for the proposed use shall be obtained prior to the issuance of a home occupation permit. E. Where the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored and sold directly to customers at an off -premises location. F. There shall be no use of material or mechanical equipment not recognized as being part of a normal household or hobby use. G. No vehicle larger than a one-ton, four-wheel truck may be used in connection with a home occupation. H. Activities conducted, and equipment or material used, shall not change the fire safety or occupancy classifications of the premises nor use utilities in amounts greater than normally provided for residential use. I. There shall be no direct (in-person) sale of products or services on the premises. J. The use shall not involve the special use of commercial vehicles for delivery to or from the premises. K. There shall be no storage of material and/or supplies, indoor or outdoor for purposes other than those permitted in the residential zone. L. The home occupation shall not be identified by a sign. M. A structure or space outside of the main building or an accessory structure, including the garage, may be used for home occupation purposes. Whenever a garage is used, the home occupation shall not reduce the required parking area as established in Section 19.62.050. N. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which causes the premises to differ from its residential character either by use of colors, materials or construction, lighting, signs, sounds or noises, vibrations, or similar distinctive workings. O. The Development Services Department may impose such conditions on the issuance of the permit as are necessary to ensure that the use will have no adverse effect on the neighborhood, and it shall be unlawful for a home occupation to be carried on in violation of such conditions or so as not to conform with the requirements of this Section. Page 81 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 41 Involve the use of power equipment using motors of more than a total of one horsepower capacity or the equivalent thereof, unless a use permit therefor shall have been issued by the Planning Commission; B. Generate vehicular traffic in excess of that associated with a residential use; C. Create a nuisance by reason of noise, dust, odor, vibration, fumes, smoke, electrical interference, or other causes; D. Permit any external display of products, merchandise, or any sign to identify the home occupation. A home occupation permit shall be revoked by the Director of Development Services upon violation of any requirement of this chapter, or of any condition or limitation of any permit issued, unless such violation is corrected within 15 days of notice of such violation, and any such permit may be revoked for repeated violation of the requirements of this section or of the conditions of such permit. In the event of denial of any permit, or the revocation thereof, or of objection to the limitations placed thereon, an interested party may then appeal the determination within 10 business days to the Planning Commission by filing a written statement with the Development Services Department, stating the reasons for appeal. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than 30 calendar days to set the matter for public hearing in front of the Planning Commission. The meeting date shall also be no more than 60 calendar days from the application’s filing date. 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 Director of Development Services. 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 design review manual. The decision of the Planning Commission shall be final. Section XIII. Addition of Storage Standards for Recreational Vehicles. The Chula Vista Municipal Code is hereby amended as follows: 19.58.400 Recreational vehicle storage yards. 1. An application to establish a recreational vehicle (RV) storage yard (storage area for motorhomes, camping trailers, boats and other recreation equipment) shall address the following issues: (1) height limit for stored items, (2) screening (landscaping and fencing), (3) surfacing, (4) access to the site, (5) office facilities, (6) customer parking, (7) lighting, (8) hours of operation, (9) security, (10) signing, (11) surrounding land uses and structures. The application shall also be accompanied by a comprehensive list of items which would be eligible for storage. Any subsequent additions to the list shall be subject to the approval of the Director of Development Services, or designee. The approval of an RV storage yard grantedjudged by the Planning Commission to represent an interim use of land based upon zoning, development patterns, and/or Page 82 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 42 pending plans in the area shall be subject to a review and report filed each year by the owner with the Development Services DepartmentCity Zoning Administrator. Failure to file the report or abide by the conditions of approval shall cause the matter to be set for a rehearing before the Planning Commission to consider revocation of the permit or other appropriate corrective action. Permits for interim RV storage yards shall be granted for a maximum period of five years with extensions subject to rehearing before the Planning Commission. 2. Recreational vehicles, specifically motorhomes and camping trailers, parked on a residentially-zoned property (R districts) or a property with a residential use, shall not be used as a dwelling, permanent or temporary. i. No more than a total of two (2) motorhomes or camping trailers shall be parked at any time on a residentially-zoned property (R districts) or a property with a residential use. Section XIV. Addition of Section Pertaining to Processing Modifications of Previously-Approved Discretionary Permits (Substantial Conformance Review). The Chula Vista Municipal Code is hereby amended as follows: Section 19.14.860. Substantial Conformance Review. A. The Zoning Administrator may approve minor changes to a previously -approved discretionary permit at the administrative level (and without a public hearing) if the proposed changes are in substantial conformance with the existing permit and would not require any additional environmental analysis. Such proposed changes shall not significantly affect the design, intensity or intent of the approved project or reduce any requirement intended to mitigate an environmental effect, alter any public improvement or facility or conditions for which other properties or developments may rely, nor have an adverse effect upon public health, safety, or welfare. B. Application Submittal. Applications for substantial conformance review shall be filed with the Development Services Department on a form prescribed by the Director of Development Services, and, accompanied by fees as set forth within the City’s Master Fee Schedule. C. A substantial conformance determination may include: 1. Structural additions to non-residential projects of no greater than ten (10) percent of the total floor area. 2. Structural additions or alterations to existing residential projects that add no additional units. 3. Changes to parking and circulation configurations which do not change the basic parking areas or circulation concept or reduce the number of parking spaces. Page 83 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 43 4. Landscape modifications which do not alter the general concept or reduce the effective amount of landscaping. 5. Architectural or exterior material or color changes which do not change the basic form and theme of an existing building, do not change the location of windows or doors, or conflict with the original architectural form and theme of an existing building. 6. Other requests similar to the above-listed changes, as determined by the Zoning Administrator. D. Approval. No official notice of decision is required for determinations of substantial conformance. The approval period shall be valid until the expiration of the original permit, unless an extension of time has been granted. Section XV. Addition of Regulations Pertaining to Temporary and Permanent Storage Containers. The Chula Vista Municipal Code is hereby amended as follows: 19.58.445 – Portable Storage and Shipping Containers A. Purpose and Scope. The purpose of this chapter is to establish minimum development standards for the placement and maintenance of portable shipping and storage containers within the City in order to maintain the aesthetic appearance of the city, preserve property values, and protect the public health, safety and welfare. These standards are in addition to Federal, State, and local laws and regulations. Wherever there is a conflict between this chapter and other laws or regulations, the more restrictive standard shall apply. B. Definitions. For the purposes of this Section, the following definitions shall apply: 1) “Portable storage container” means a container typically no larger than eight feet by eight and one-half feet by sixteen (16) feet, and, transported to a designated location for temporary storage purposes. Examples include, but are not limited to, Portable On Demand Storage (“PODS”) and U-Haul “U-Box” containers. 2) “Shipping container” means an industrial, portable vessel typically not greater than forty (40) feet in length, intended for the large-scale shipping or transportation of goods or commodities, and generally designed to be mounted on a rail car, truck, or ship. C. Allowed uses. The use of portable storage containers and shipping containers shall comply with the regulations applicable to the zoning district in which they are used. Failure to abide by these regulations shall be subject to fine and nuisance abatement pursuant to Chapter 1.30. 1) Residential Districts (R districts). Page 84 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 44 a. Shipping containers shall not be allowed in any residential zoning district, except in conjunction with active construction permit. b. Portable storage containers shall be permitted in any residential zoning district if only confined solely within an existing driveway, or, within the public right-of-way with an approved temporary encroachment permit. 2) Commercial Districts (C districts). a. Shipping containers shall be permitted as an accessory use in the C -T and C-C zones, subject to the standards set forth in this Section. b. Portable storage containers shall be permitted in any commercial zoning district, including the C-T and C-C zones, subject to the standards set forth in this Section. 3) Industrial Districts (I zones). a. Within the I-L and I zones, shipping containers shall be permitted by right as either an accessory use, or, a principal use with an approved Design Review Permit, subject to the standards set forth in this Section. 4) Other Districts Not Specified. Shipping containers and portable storage containers are prohibited unless expressly allowed. E. Vacant Properties. Shipping containers and portable storage containers shall not be allowed on otherwise vacant parcels in any zoning district except when used in conjunction with construction executed in compliance with an approved construction permit from the City, placed on the same parcel as the construction, and subject to standards set forth in this Section. F. Notwithstanding any other provision of this chapter, shipping containers and portable storage containers used by the city for a municipal purpose shall not be subject to the standards of this chapter. Such shipping containers and portable storage containers should be located and appropriately screened to minimize visual impacts on the community. G. Existing shipping containers that are placed on municipal properties with the express permission of the underlying land owner(s) as of the effective date of this chapter shall be considered a legal nonconforming use and allowed; provided, however, owners of such a container shall screen the container from the public right -of-way as best as possible. Examples include decorative fencing or landscaping, painting a mural on the container, or relocating the container. H. Development Standards – Portable Storage Containers. Use of portable storage containers shall be subject to the following limitations and approval of a temporary use permit from the city. Page 85 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 45 1) Frequency. No more than one portable storage container shall be placed on a single lot or parcel of land within a residential zone. 2) Location. Portable storage containers shall be placed on private property, and not within the public right-of-way. If the subject property does not have a driveway, a portable storage container may be placed in the public right-of- way with an approved temporary encroachment permit. 3) Duration. Portable storage containers placed on private property shall not remain longer than thirty (30) consecutive calendar days. Portable storage containers placed within the public right-of-way with an approved temporary encroachment permit shall not remain longer than fourteen (14) consecutive calendar days. Under no circumstances may a portable storage container be allowed on the same lot or parcel for more than ninety (90) total days in a calendar year. 4) Use. Portable storage containers shall only be used for the storage of goods, materials, equipment, or property. Portable storage containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Non-storage use of portable storage containers is not allowed. 5) Permittee Responsibilities. The permitee shall be responsible for ensuring that the portable storage container is removed in a safe manner and that no debris or materials remain on or around the portable storage container site. I. Development standards—Shipping containers. Use of shipping containers shall be subject to the following limitations. 1) General Standards. a. Use. Shipping containers shall only be used for the storage of goods, materials, equipment, or property associated with the principal use of the parcel on which the container is located. Shipping containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Non-storage use of shipping containers as a principal use within an industrial zone may be allowed if app roved pursuant to this Section. b. Maximum Height. If not stacked, shipping containers shall not exceed nine (9) feet in height. Stacked shipping containers shall not be more than two containers high, or a maximum of twenty (20) feet, and placed on a surface that can withstand its weight. c. Location. Shipping containers shall be placed on the parcel and proximate to other structures on the parcel pursuant to fire code regulations and this Page 86 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 46 Code, including setbacks from property lines and other location requirements for accessory structures. The Zoning Administrator shall review and approve any changes to setbacks if the applicant can establish that such use will not be detrimental to the com munity welfare or safety of the property and surrounding uses. d. Signage. No advertising is allowed on or otherwise in conjunction with a shipping container. The exception to this is if the manufacturer’s name is printed on the container. e. Exterior Façade. Shipping containers shall not display signage beyond that required by law and shall be kept free of graffiti. Any graffiti shall be removed within seven calendar days of discovery. 2) Commercial Districts. a. Frequency. A maximum of two containers on a single lot or parcel of land. Stacking is prohibited. b. Buffer from Residential Districts. Shipping containers shall not be located within three hundred (300) feet of an existing residential district. c. Screening. Shipping containers shall be fully screened from public view. Screening may include, but is not limited to, walls or solid fencing, or fast - growing landscaping. 3) Industrial Districts. a. Frequency. i. Principal Use. Where the principal use of the parcel is a business that sells, leases, or places shipping containers at locations and does not provide on-site storage of goods or commodities as a service there is no frequency limit, provided the shipping containers meet the standards set forth in this Section. Stacking is permitted with height not to exceed twenty (20) feet. b. Accessory Use. i. A shipping container shall not be allowed as an accessory use on a single lot or parcel that is less than one acre. ii. No more than fifteen (15) shipping containers shall be allowed as an accessory use on a single lot or parcel that is greater than one acre. Stacking is permitted with height not to exceed twenty-five (25) feet. iii. A parcel may contain more shipping containers than permitted by obtaining a conditional use permit, and approval by the Planning Page 87 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 47 Commission, who, when approving such permit, shall make the following findings: A. The shipping containers shall not pose a threat to the public health, safety, or welfare due to their placement, frequency, or condition. B. The shipping containers shall be placed in accordance with fire and building code standards. C. The shipping containers are, and shall remain, in good repair such that no container, due to its structural condition, contents, immediate surroundings, or other condition, contributes to visual blight or nuisance conditions. D. The applicant shall reduce any potential for visual blight or nuisance conditions and shall implement and maintain those improvements at all times. Such improvements may include any enhancements deemed acceptable and appropriate by the City. iii. Setbacks. Stacked shipping containers shall be placed at least one hundred and fifty (150) feet from any public right-of-way. Non- stacked shipping containers shall be placed at least one hundred (100) feet from any public right-of-way. iv. Buffer from Residential Districts. Shipping containers shall not be placed within five hundred (500) feet of any residential district. J. Temporary use of shipping containers. Shipping containers shall be allowed in all zones on a temporary basis subject when utilized during construction operations for the parcel, pursuant to an approved construction permit, and, when utilized solely for the storage of supplies and equipment used for such construction operations. Removal of the container shall occur either upon occupancy of the building or expiration of the construction permit, whichever occurs first. K. Nonconforming uses—Portable storage and shipping containers. 1) Unless otherwise provided by this chapter, all illegal, nonconforming uses of shipping containers and portable storage containers within the city as of the date of the adoption of this chapter are prohibited and may be subject to citation, fine, or abatement pursuant to Chapter 1.30, or other civil or criminal penalties. 2) A shipping container constructed or placed prior to the date of adoption of this chapter shall be allowed to continue provided that the shipping container meets the following conditions: Page 88 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 48 a. The shipping container is on a parcel in an industrial zone. a.b. The shipping container, nor use of the container, is not modified, increased, enlarged, or extended beyond that in existence on the date of adoption of this chapter. Section XVI. Addition of Section Regarding Development Project Compliance with Trash Hauling Design Standards. The Chula Vista Municipal Code is hereby amended as follows: 19.58.500 Trash Hauling Requirements for New Development Projects. A. The construction of new single-family residential, multi-family residential, and mixed- use projects shall comply with the City’s Recycling and Solid Waste Planning Manual, originally adopted by City Council Resolution 2005-023, as amended from time to time. Section XVII. Revisions to the Zoning Administrator’s Authority to Make Use Determinations. The Chula Vista Municipal Code is hereby amended as follows: 19.14.025 Zoning Administrator – Determination of similar uses. A. Determination of Similar Uses. The Zoning Administrator may determine that a proposed use not listed in the zoning district as permitted or conditionally permitted is allowable, if all of the following findings are made: 1. The characteristics of, and activities associated with, the proposed use are equivalent to one or more of the listed uses; 2. The proposed use will be consistent with the purposes of the applicable zoning district; and 3. The proposed use will be consistent with the General Plan and any applicable specific plan. When the Zoning Administrator determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this title apply. Similarly, the Zoning Administrator can make the determination that the proposed unlisted use is allowed in certain zones only (i.e. allowed in a commercial zone, but not in an industrial zone). Section XVIII. Repeal the Initiation Process to Amend Certain Policy Planning Documents. The Chula Vista Municipal Code is hereby amended as follows: Commented [CM1]: Need to add language at the beginning regarding adding an Exhibit to this Ordinance, regarding the topic of having ZA approval for DR's in the UCSP. Page 89 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 49 19.14.800 Initiation of amendments to the General Plan, sectional planning area plans, general development plans, specific plans, and precise plans and rezonings. 19.14.810 Purpose of initiation procedures. The purpose of these procedures is to establish a process for the initiation of General Plan, sectional planning area plans, general development plans, specific plans, and precise plans (land use plan amendments) or rezoning of any property within the City of Chula Vista. The initiation process is intended to seek Planning Commission or City Council direction on whether to commit City resources to potentially make changes to a land use plan or to rezone property within the City of Chula Vista. The initiation process is not intended for every proposed land use plan amendment or rezoning of property and City staff are hereby exempted from it. It is only intended for land use plan amendments proposed by a private person that from the outset may or may not have the support of staff, and as such are being referred to the Planning Commission or City Council for review. 19.14.815 Initiation approval does not constitute project approval. The City Council hereby finds that these procedures do not commit the City to any definite course of action, including, but not limited to, approval or denial of any proposed land use plan amendments or rezoning prior to California Environmental Quality Ac t (CEQA) review being conducted. Rather, these procedures set forth the City’s intent to give staff direction to further explore the merits of any proposed land use plan amendment or rezone commensurate with the submittal of a future project. Notwithstandi ng the foregoing, nothing in these procedures will be construed as circumscribing or limiting the City’s exercise of discretion with respect to any future land use plan amendment or rezone in connection with a project. Any and all future discretionary actions may be exercised in the sole and absolute discretion of the City. The party requesting a potential land use plan amendment or rezone assumes the risk, and in accordance with the application for initiation, shall waive, release, defend, protect and indemnify the City from and against any claims alleging City approval of the initiation approval request constituted an approval of the proposed land use plan amendment or rezoning. 19.14.820 When an initiation application is required. Subject to applicable laws, the City is under no obligation to process a private request for a land use plan amendment or rezoning. A private proposal to amend a land use plan or to rezone any property in the City may be requested for City approval by filing an application for initiation. 19.14.830 Initiation application process. An initiation application for a land use plan amendment or rezone shall be filed with the City Manager, or designee, in accordance with the following requirements: A. Authority to File an Application. The following persons are deemed to have the authority to file an application: Page 90 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 50 1. The record owner of the real property that is the subject of the land use plan amendment or rezone; 2. The property owner’s authorized agent; or 3. Subject to the City Manager’s approval, any other person who can demonstrate a legal right, interest, or entitlement to the use of the real property subject to the application. B. Submittal Requirements. The application shall be made on a form provided by the City Manager and shall be accompanied by the materials, information, fees, and deposits that are required on the date the application is filed. The application shall be deemed complete when the department processing the application has determined that the application includes all of the information, materials, fees, and deposits required by this section. The City may, in the course of processing the application, request that the applicant clarify, simplify, or provide in alternate format or medium, the information required for the application. C. Materials and Information. The City Manager shall maintain a list specifying the materials and information to be submitted with each initiation application for a land use plan amendment or a rezone. The list may be revised on a quarterly basis or as needed to comply with revisions to local, state, or federal law, regulation, or policy. The subject list shall be available at the Development Services Department and shall apply to all applications submitted. 19.14.840 Criteria for approval of an initiation of amendments to land use plans or rezone. An application of initiation of an amendment to a land use plan or zone may be approved by the Planning Commission or City Council if all of the following criteria are met: A. The proposed land use plan amendment or rezone is consistent with the goals and policies of the General Plan; B. The proposed land use plan amendment or rezone provides equal or greater public benefit to the community as compared to the existing land use designation, density/intensity range, or plan policy; and C. Public facilities are available to serve the proposed change in land use designation or density/intensity, or their provision will be addressed as a component of the land use plan amendment or rezoning process. 19.14.850 Process for approval of an initiation of land use plan amendment or rezone. Land use plan amendment or rezoning initiation requests shall be decided by Planning Commission or City Council at a public hearing noticed in accordance with CVMC 19.12.070. The decision shall be limited to whether staff should be directed to accept a Page 91 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 51 formal application for a land use plan amendment or rezone and to bring the action and appropriate environmental review through the Planning Commission for recommendation and to City Council for final consideration at a future date. Initiation actions shall not commit staff nor future decision makers to a specific recommendation on the proposal or to any specific future action. The Planning Commission and City Council reserve the right to exercise their police power and land use authority with respect to any future land use plan amendment or rezone in their sole and absolute discretion as required by and in accordance with applicable laws. Initiation requests shall be heard by City Council within 40 business days from the date the initiation application is deemed complete. A staff review of the application of this chapter to specific initiation requests should be conducted within a year of the effective date of the ordinance codified in this chapter. The results of this review shall be provided to Planning Commission and City Council upon request. Section XIV. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section XV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section XVI. Effective Date This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final passage. Section XVII. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Page 92 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 52 Presented by Approved as to form By: Laura C. Black, AICP Marco Verdugo Director of Development Services City Attorney Page 93 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #3 Title 12 STREETS AND SIDEWALKS Chapter 12.08 STREET OVERLOADS Sections: 12.08.010 Overweight vehicles – Permit required. 12.08.020 Overweight vehicles – Conditions for granting permit. 12.08.030 Overweight vehicles – Permit recordkeeping required. 12.08.010 Overweight vehicles – Permit required. No person shall move or operate upon any of the City streets any vehicle with a load or loads in excess of those permitted by the Vehicle Code without a written permit from the City Engineer or designee. 12.08.020 Overweight vehicles – Conditions for granting permit. The City Engineer or designee may, by written permit, authorize a load or loads in excess of those allowed in the Vehicle Code if, in his judgment, the streets upon which such vehicle is to be operated can safely withstand the additional weight and if the applicant will guarantee to the City that all costs of repair to the streets or to the public property of the City damaged by the movement of such load or loads will be paid in full. Such permit will be granted upon such conditions and upon the deposit of such bond as the City Engineer or designee may require. Page 94 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #3 12.08.030 Overweight vehicles – Permit recordkeeping required. Upon the issuance of a permit as authorized in this section, the City Engineer or designee shall cause to be filed with the Chief of Police a copy thereof, describing the vehicle or vehicles covered by such permit, the load or loads, the time during which such permit will be in effect, and the streets or routes to be used. Chapter 12.40 STREET VACATIONS Sections: 12.40.010 Statutory regulations applicable – Public hearing procedure – Investigation. 12.40.010 Statutory regulations applicable – Public hearing procedure – Investigation. In order to comply with the State Planning Act, the Street Vacation Act of 1941, and the Public Service Easement Vacation Law of the state, it is necessary to hold a public hearing prior to the vacation of any dedicated street or easement within the City. As a preliminary to said hearings, the City Engineer, in collaboration with the Director of Development Services and the Director of Public Works,ing Department and the City Planning Department shall conduct reasonable investigations to ascertain whether or not the public interest would be served by closing or vacating a specific street or portion thereof, or by the vacating of a specific easement in said City. It is the purpose and intent of the City Council to establish fees which shall be paid by the petitioner upon the filing of a request for the processing of an application for such street or easement vacations, in order to reimburse the City for expenses incurred. Page 95 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #4 Chapter 8.24 SOLID WASTE Sections: 8.24.180 Payment of solid waste collection charges – Penalty for delinquency. 8.24.180 Payment of solid waste collection charges – Penalty for delinquency. F. Lien Process for Solid Waste Services. 1. Hearing and Lien – Notice. When the full amount for said Solid Waste service charge is not paid within 15 days after the final notice of delinquency, the City Clerk may set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting, which will be held at least seven calendar days after such 15-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing at least 10 days in advance of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once at least 10 days in advance thereof in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing, in a conspicuous place at or near the entrance of the Council chambers in the City Hall. 2. Delinquent Accounts – Hearing and Assessment. The City Council shall consider said delinquent accounts at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the charges may present a written or oral protest or objection to the delinquency of said account or the amount owed thereon. At the conclusion of the hearing, the City Council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the City Council. The decision of the City Council on the charges and on all protests or objections shall be final and conclusive. The amounts so approved shall reflect the entire amount due, including all penalties, interest, and administrative fees that have accrued against the account as of the date of the hearing plus any county fees (for processing and collecting the lien). The amount shall be charged to the property owner on the next regular Page 96 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #4 tax bill and shall be a lien upon the property involved. The City Council shall confirm such assessment and cause the same to be recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property. The City Council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. 3. Delinquent Accounts – Administrative Fee. All delinquent accounts that are not paid within 10 days after the final delinquency notice has been posted may be charged an administrative processing fee to offset the costs incurred by the City in administering the provisions of this chapter. The administrative processing fee (designated for administrative convenience only in the master fee schedule) shall be added to the amount that shall be charged to the property owner on the next regular tax bill under subsection (F)(2) of this section. Chapter 12.40 STREET VACATIONS Sections: 12.40.060 Appeal – Decision authority. 12.40.060 Appeal – Decision authority. Upon receipt of such appeal, the City Clerk shall take no longer than 30 calendar days to place the matter upon the agenda of a regularly scheduled meeting of the City Council. The meeting date shall also be no more than 60 calendar days from the application’s filing date. The decision of the City Council shall be final. Chapter 13.14 FEES Sections: Page 97 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #4 13.14.150 Payment of sewer service and pump station charges – Penalty for delinquency – Discontinuance of service – When – Unlawful connection – Backbilling and penalty. 13.14.150 Payment of sewer service and pump station charges – Penalty for delinquency – Discontinuance of service – When – Unlawful connection – Backbilling and penalty. F. Notice of Delinquency – Hearing and Lien. When the full amount for said sewer service charge is not paid within 60 days after the final date of payment, the City Clerk shall set said delinquent account for hearing by the City Council at a regular or adjourned regular meeting which will be held at least seven calendar days after such 60-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once, at least 10 days in advance thereof, in a newspaper of general circulation published in the City of Chula Vista. The City Clerk shall post a copy of such notice of the time and place of hearing in a conspicuous place at or near the entrance of the Council Chambers in the City Hall. Chapter 15.50 REIMBURSEMENT REQUIREMENTS AND PROCEDURES FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS Sections: 15.50.040 Request for reimbursement agreement. 15.50.040 Request for reimbursement agreement. Whenever a developer is required to install or replace such public improvements or whenever the City may have participated in the costs of such improvements which either the developer or the City feels will be of benefit to property other than his own, which properties are not subject to an assessment for such costs under a public improvement proceeding, the developer or the Page 98 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #4 City may request that the City Council form a reimbursement district. The request shall be in writing and filed with the City Clerk who shall place it on the agenda of the next regular meeting of the City Council. Chapter 18.16 FINAL MAPS Sections: 18.16.170 Approval – Prerequisites – Notice. 18.16.170 Approval – Prerequisites – Notice. Pursuant to Government Code 66458(d) the City Engineer shall notify Council at its next regular meeting after the City Engineer receives an approvable final map package that the final map is being reviewed for final approval. The City Clerk shall notice any final maps under final review on the City Council agenda and shall notify any interested parties who have requested notice. Chapter 19.14 ADMINISTRATIVE PROCEDURES – PERMITS – APPLICATIONS – HEARINGS – APPEALS Sections: 19.14.588 Design review – Appeal procedure. 19.14.588 Design review – Appeal procedure. A. An interested party may file an appeal from the decision of the Zoning Administrator to the Planning Commission within 10 business days after the decision is made. The appeal shall be in writing and filed with the Development Services Department on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the Development Services Page 99 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #4 Department shall take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. 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 Zoning Administrator. 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 design review manual. The decision of the Planning Commission shall be final. B. An interested party may file an appeal from the decision of the Planning Commission to the City Council within 10 business days after the decision is made. The appeal shall be in writing and filed with the City Clerk on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the City Clerk shall take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled City Council meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. 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 or Zoning Administrator for minor projects. 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 design review manual. 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. 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 design review manual. The decision of the City Council shall be final. Chapter 19.52 T – TIDELANDS ZONE Sections: 19.52.040 Procedures following Planning Commission decision – Appeals. Page 100 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #4 19.52.040 Procedures following Planning Commission decision – Appeals. A. After decision by the Planning Commission, copies thereof shall be mailed to the applicant and to any party filing a written notice therefor with the secretary of the Commission or the Director of Planning and Building, and the application and any supporting documents, together with the written decision of the Planning Commission, shall be forwarded to the City Clerk, who shall cause same to be placed upon the agenda of a regular meeting of the City Council within 15 days after receipt thereof. B. If the applicant or any other interested party is dissatisfied with the decision of the Planning Commission, such person may file a notice of appeal within 10 days from the date such notification of the Planning Commission’s decision was mailed to the applicant. Such notice of appeal shall be filed with the City Clerk. Such appeal shall be in writing and shall state wherein the appellant feels the Planning Commission’s decision was in error, and his reasons therefor. Page 101 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #5 19.58.450 Two-unit residential developments and urban lot split parcel maps in single-family zones. A. The purpose of this section is to provide regulations for the establishment of two-unit residential developments and urban lot split parcel maps in single-family zones, to define the approval process for such two-unit residential developments and urban lot split parcel maps in compliance with, inter alia, Section 65852.21 of the Government Code. Two-unit residential developments and urban lot split parcel maps in single-family zones are potential sources of affordable housing and shall be deemed consistent with the General Plan and zoning designation of the lot as provided. B. For the purposes of this section, the following words are defined: “Objective development standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. “Objective subdivision standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. “Objective zoning standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. Page 102 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #5 “Two-unit residential development” means a development which proposes no more than two new residential units or proposes to add one new residential unit with one existing residential unit on a single parcel in accordance with this chapter. “Unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21 of the Government Code, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2 of the Government Code, or a junior accessory dwelling unit as defined in Section 65852.22 of the Government Code. “Urban Lot Split Parcel Map” means a parcel map which seeks to subdivide an existing single-family zoned parcel to create no more than two new single-family zoned parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. “Urban Lot Split Subdivision” means a subdivision of an existing single-family zoned parcel to create no more than two new single-family zoned parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. C. Two-Unit Residential Development in Single-Family Zones. A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements: 1. The two-unit residential development would not require demolition or alteration of any of the following types of housing: a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. c. Housing that has been occupied by a tenant in the last three years. 2. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to Page 103 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #5 withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 3. The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development has not been occupied by a tenant in the last three years. 4. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. 5. The proposed housing development shall be prohibited if it is on a parcel that qualifies under the prohibitions listed in Section 65852.21(a)(2) of the Government Code or any successor provision thereof. Types of prohibited parcels include: a. A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code; b. Prime farmland or farmland of statewide importance; c. Wetlands; d. Within a high fire hazard severity zone; e. Hazardous waste site; f. Within a delineated earthquake fault zone; g. Within a special flood hazard area subject to inundation by the one percent annual flood (100-year flood) unless it meets one of the following: i. Subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; ii. Meets Federal Emergency Management Agency requirements to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to 44 C.F.R. Parts 59 and 60; Page 104 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #5 h. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with 44 C.F.R. Section 60.3(d)(3); i. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan; j. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code); k. Lands under conservation easement. D. Development Standards for Two-Unit Residential Development in Single-Family Zones. Two-unit residential developments in single-family zones shall be subject to the following requirements and objective development standards: 1. Number and Size of Units. a. If a parcel includes an existing single-family home, one additional unit may be developed pursuant to this section. b. If a parcel does not include an existing single-family home, or if an existing single- family home is proposed to be demolished in connection with the creation of a two- unit residential development, two units may be developed pursuant to this section. c. No more than four units, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units, may exist on a single-zoned residential parcel on which an Urban Lot Split Parcel Map has been approved. 2. Parking. Off-street parking of up to one space per unit is required, except in either of the following instances: Page 105 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #5 a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. b. There is a car share vehicle located within one block of the parcel. 3. Setbacks. a. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. b. For all other dwelling units proposed in connection with a two-unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines. c. Units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance. 4. Design. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit(s) shall utilize the same exterior materials and colors as the existing dwelling unit to the extent practical. 5. Accessory Dwelling Unit Development Exemptions. If an applicant for a dwelling unit developed under CVMC 19.58.022, Accessory dwelling units, seeks to convert the dwelling unit to a two-unit development pursuant to this section, any and all development exemptions granted to the dwelling unit pursuant to CVMC 19.58.022(C)(9) and (C)(13) shall be null and void subject to the final decision of the Director of Development Services. 6. Short-Term Rental Prohibition. Dwelling units created pursuant to this section shall have rental terms of 30 days or longer and shall not be considered eligible for Short-Term Rental pursuant to CVMC 5.68.050. E. Urban Lot Split Parcel Map in Single-Family Zones. A proposed parcel map for an urban lot split within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed parcel map meets all of the following requirements: 1. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. Page 106 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #5 2. Both newly created parcels are no smaller than 1,200 square feet. 3. The parcel being subdivided meets all the following requirements: a. The parcel is located within a single-family residential zone as defined in Chapter 19.22 CVMC, R-E – Residential Estates Zone, and Chapter 19.24 CVMC, R-1 – Single- Family Residence Zone. b. The parcel subject to the proposed urban lot split complies with all provisions of subsections (C) and (D) of this section. c. The parcel has not been established through prior exercise of an urban lot split as provided for in this section. d. Neither the owner of the parcel being subdivided, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. e. The parcel conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), except as otherwise expressly provided in this section. 4. Any parcel created by this section shall be used for residential purposes only. 5. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Director of Development Services Department, or their designee. 6. No more than four total units are allowed on an approved Urban Lot Split Parcel Map, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units. This can either mean two units on each parcel, or, one unit on one parcel and three units on the other parcel. 67. Units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in subsection (D)(3) of this section. Page 107 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #5 78. Parking spaces for new units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be provided in accordance with subsection (D)(2) of this section. 89. Prior to the issuance of a building permit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees. The covenant shall notify future owners of the owner occupancy requirements, the approved size and attributes of the units, and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two total units may be permitted on any single parcel created using the Urban Lot Split Parcel Map procedures. If an Urban Lot Split Parcel Map was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel. 910. The Urban Lot Split Subdivision shall comply with all requirements of CVMC Title 18, Subdivisions, and the California Subdivision Map Act except as expressly modified by this chapter. 1011. An applicant for an Urban Lot Split Parcel Map shall sign an affidavit, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees, stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split Parcel Map. This subdivision shall not apply to an applicant that is a “community land trust,” as defined in Section 402.1(a)(11)(C)(ii) of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. 121. Notwithstanding Section 66411.1 of the Government Code, the City shall not impose regulations that require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. 132. Preliminary Title Report. There shall be filed with each Urban Lot Split Parcel Map a current preliminary title report of the property being subdivided or altered. Page 108 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #5 143. Additional Subdivisions Prohibited. No further subdivision of parcels created using the Urban Lot Split Parcel Map or Urban Lot Split Subdivision procedures of this chapter shall be permitted. 154. The parcels created by this section shall have access to, provide access to, or adjoin the public right-of-way. F. Application of Objective Standards. Development proposed on lots created by an Urban Lot Split Subdivision shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel based on the underlying zoning including but not limited to: CVMC Title 18 and Chapters 19.22 and 19.24 CVMC; provided, however, that the application of such standards shall be reduced if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet, and no additional variances shall be permitted. No waivers or reductions to applicable requirements regarding size, height, off-street parking, or setbacks shall be approved unless the applicant demonstrates to the Director of Development Services’s satisfaction that there is no other way to physically accommodate two 800-square-foot units on the site. G. Denial of Two-Unit Residential Development and/or Urban Lot Split Parcel Map. The Development Services Department shall not approve an Urban Lot Split Parcel Map under any of the following circumstances: 1. The land proposed for division is a lot or parcel which was part of an Urban Lot Split Parcel Map that the City previously approved. 2. The subdivision proposes creation of more than two lots or more than four units total among the two lots. 3. The Development Services Department finds that the Urban Lot Split Parcel Map does not meet the requirements of this code or that all approvals or permits required by this code for the project have not been given or issued. 4. The urban lot split’s failure to comply with applicable, objective requirements imposed by the Subdivision Map Act and this code. Any decision to disapprove an Urban Lot Split Page 109 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #5 Parcel Map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act and this code. 5. A proposed two-unit residential development and/or an Urban Lot Split Subdivision may be denied if the Director of Development Services, or their designee, makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project or urban lot split would have a specific, adverse impact, as defined and determined in Section 65589.5(d)(2) of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Page 110 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #6 19.58.022 Accessory dwelling units. A. The purpose of this section is to provide regulations for the establishment of accessory dwelling units in compliance with, inter alia, California Government Code Section 65852.2. Said units may be located in areas zoned to allow single-family or multifamily dwelling residential use. Accessory dwelling units are a potential source of affordable housing and shall not be considered in any calculation of allowable density for the lot upon which they are located and shall also be deemed consistent with the General Plan and zoning designation of the lot as provided. Accessory dwelling units shall not be considered a separate dwelling unit for the purpose of subdividing the property into individual condominium or lot ownership. B. For the purposes of this section, the following words are defined: “Above” means an accessory dwelling unit that is attached to and built over a primary residence including an attached garage, or above a detached garage or accessory building. “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit shall have exterior access from the proposed or existing single-family dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code. “Accessory structure” means a structure that is accessory and incidental to a dwelling unit located on the same lot. “Attached” means a wall, floor, or ceiling of an accessory dwelling unit is shared with the primary residence on the property. “Basement” means the same as defined in CVMC 19.04.002. “Detached” means an accessory dwelling unit separated from the primary residence as specified in subsection (C)(6)(b) of this section. Page 111 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #6 “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. “Multifamily dwelling,” for the purposes of this section, is a structure with two or more attached dwellings on a single lot. Multiple, detached single-unit dwellings on the same lot are not considered multifamily. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. “Objective standard,” for the purposes of this section, is a standard that involves no personal or subjective judgment by a public official, and that is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. “Primary residence(s)” means a proposed or existing single-family dwelling or existing multifamily dwellings constructed on a lot as the main permitted use by the zone on said parcel. “Public street” means any public right-of-way designated for vehicular use. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. “Tandem parking” means two or more vehicles parked on a driveway or in any other location on a lot, lined up behind one another. “Walking distance” means the distance between the accessory dwelling unit and public transit as measured along a public street. The measurement shall proceed from the accessory dwelling unit in a continuous line to the closest property line of the public street, measured perpendicular to the public street. The measurement shall then continue along the property lines of the public street fronts, and in a direct line across intersections along the shortest pedestrian route toward the public transit. Page 112 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #6 C. Accessory dwelling units shall be subject to the following requirements and development standards: 1. Zones. Accessory dwelling units can be created in areas zoned to allow single-family or multifamily dwelling residential use. A coastal development permit may be required for accessory dwelling units within the coastal zone. Construction of a primary residence can be in conjunction with the construction of an accessory dwelling unit. 2. Number of Accessory Dwelling Units Permitted. a. An accessory dwelling unit is permitted on a lot with a proposed or existing single- family dwelling unit. b. A minimum of one accessory dwelling unit, or up to 25 percent of the existing multifamily units, is permitted within an existing multifamily dwelling, as a result of the conversion of nonhabitable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; or c. Up to two detached accessory dwelling units shall be permitted on a lot with an existing multifamily dwelling. 3. Unit Size. Accessory dwelling units shall conform to the following size requirements: a. The total floor area for an attached accessory dwelling unit shall not exceed 50 percent of the total floor area of the proposed or existing primary residence, or 850 square feet for a one-bedroom unit and 1,000 square feet for a unit with more than one bedroom, whichever is greater. b. An accessory dwelling unit of at least 800 square feet shall be permitted regardless of floor area ratio, lot coverage or open space requirements of the underlying zone. c. The total floor area for a detached accessory dwelling shall not exceed 1,200 square feet. d. An accessory dwelling unit within an existing accessory structure may be increased by a maximum of 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodate ingress and egress. Page 113 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #6 4. Unit Location. Accessory dwelling units may be attached to or located within a proposed or existing primary residence or accessory structure (including attached garages, storage areas or similar structures). Accessory dwelling units may be detached from the primary residence. 5. Height. An accessory dwelling unit, as measured from the ground, shall not exceed the height limit for the primary residence in accordance with the underlying zone, or 16 feet, whichever is greater. However, a taller unit can be built based on the following exceptions: a. Detached. i. Up to 18 feet on a lot with an existing or proposed single-family or multifamily dwelling if it is located within a half-mile of transit or high-quality transit corridor. The maximum can also be increased to 20 feet only if it is necessary to match the roof pitch of the ADU to that of the main house. ii. Up to 18 feet on a lot with an existing or proposed multi-story multifamily dwelling, regardless of proximity to public transit. b. Attached. Up to 25 feet high for either a primary single-family or multifamily dwelling, or as high as the underlying zoning designation allows, whichever is lower. The ADU shall also be no greater than two stories. 6. Development Standard Exceptions. Accessory dwelling units shall conform to the underlying zoning and land use development requirements for primary residences with the following exceptions: a. A new attached or detached accessory dwelling unit is allowed a setback of no less than four feet from the side and rear lot lines. In addition, an encroachment into the front yard setback is also allowed only if it is necessary to construct a minimum 800- square-foot unit. b. A new detached accessory dwelling unit shall be located a minimum of six feet from a primary residence. c. No setback shall be required for an existing garage, living area, or accessory structure constructed in the same dimensions that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no less Page 114 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #6 than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above an accessory structure. d. Correction of nonconforming zoning conditions and/or building code violations shall not be a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit. 7. Parking. Parking for an accessory dwelling unit is not required in any of the following instances: a. The accessory dwelling unit is located within one-half mile walking distance of public transit. b. The accessory dwelling unit is within an architecturally and historically significant historic district. c. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. d. The accessory dwelling unit is in an area where on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit. e. The accessory dwelling unit is located within one block of a car share area. f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection. 8. Accessory dwelling units not meeting any of the above requirements shall be subject to the following access and parking regulations: a. Parking. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. Parking spaces may be provided in tandem on a driveway; provided, that access to the garage for the primary residence is not obstructed. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Page 115 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #6 b. The required parking space(s) shall be on the same lot as the accessory dwelling unit. This parking is in addition to the parking requirements for the primary residence as specified in CVMC 19.62.170. c. Notwithstanding CVMC 19.62.190, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory dwelling unit that was previously used by the primary residence, replacement parking is not required. If the existing driveway is no longer necessary for access to the converted garage or other required parking, said driveway may be used to satisfy the required parking for the accessory dwelling unit when not exempt from subsection (C)(7) of this section. d. Access to all required parking shall be from a public street, alley or a recorded access easement. Access from a designated utility easement or similar condition shall not be permitted. For any lot proposing an accessory dwelling unit and served by a panhandle or easement access, the access must be a minimum of 20 feet in width. e. Curb cuts providing access from the public right-of-way to on-site parking spaces shall be acceptable to the City Engineer. A construction permit from the City Engineer shall be obtained for any new or widened curb cuts. f. Required parking spaces or required maneuvering area shall be free of any utility poles, support wires, guard rails, standpipes or meters, and be in compliance with CVMC 19.62.150. g. When a required parking space abuts a fence or wall on either side, the space shall be a minimum of 10 feet wide. If this area also serves as the pedestrian access from an accessory dwelling unit to the street, the paving shall be a minimum 12 feet wide. 9. Utilities. An accessory dwelling unit may be served by the same water and sewer lateral connections that serve the primary residence. A separate electric meter and address may be provided for the accessory dwelling unit. 10. Design Standards. Dwelling units on the lot should be complementary or compatible in appearance with each other by incorporating matching architectural design, building materials, and colors of the primary residence with the accessory dwelling unit, and any Page 116 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #6 other accessory structure built concurrently with the accessory dwelling unit. However, the primary residence may be modified to match the new accessory dwelling unit. 11. Designated Historical Sites. An accessory dwelling unit may be allowed on designated or historical sites, provided the location and design of the accessory dwelling unit meets corresponding historical preservation requirements in place at the time the accessory dwelling unit is built, and complies with the requirements of this section including the following: a. The accessory dwelling unit shall be located behind a primary residence that is determined to be a historic resource. b. The construction of the accessory dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables, or other similar structures. c. The accessory dwelling unit shall be designed to have a distinguishable architectural style and finished materials composition from the historic primary residence or structure. d. Construction of an accessory dwelling unit shall not result in demolition, alteration or movement of any historic structures and any other on-site features that convey the historic significance of the structure and site. e. If an historic house/site is under a Mills Act contract with the City, the contract shall be amended to authorize the introduction of the accessory dwelling unit on the site. 12. Occupancy Requirement. At the time of building permit submittal, and continuously thereafter, the property owner(s) shall reside on the lot on which the accessory dwelling unit is located or constructed. The Zoning Administrator shall have the authority to suspend this occupancy requirement for a period not to exceed five years when evidence has been submitted that one of the following situations exists: a. The property owner’s health requires them to temporarily live in an assisted living or nursing facility. b. The property owner is required to live outside the San Diego region as a condition of employment or military service. Page 117 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #6 c. The property owner is required to live elsewhere to care for an immediate family member. d. The property owner has received the property as the result of the settlement of an estate. This subsection (C)(12) shall be held in abeyance until January 1, 2025. 13. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. 14. An application for an accessory dwelling unit that is deemed complete by the City shall be considered and approved ministerially and without a hearing within 60 days if there is an existing single-family or multifamily dwelling on the lot. If the application is submitted with an application to create a new single-family dwelling on the lot, the application for the accessory dwelling unit shall be considered and approved within 60 days of approval of the new single-family dwelling. If an ADU application is denied, a full set of comments, listing the specific items that are defective or deficient, shall be provided to the applicant. These comments must also describe how the application can be remedied by the applicant. 15. A demolition permit for a detached garage that is to be replaced with an ADU must be reviewed with the ADU application and issued at the same time. 16. Accessory dwelling units that are applied for after the effective date of the ordinance codified in this section cannot be rented for less than 30 days. 17. Accessory dwelling units are exempt from the requirements of CVMC 12.24.030, Dedications – Required. 18. An application for an accessory dwelling unit on a private sewage disposal system shall require approval by the local health officer. Page 118 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 Chapter 19.04 DEFINITIONS Sections: 19.04.002 Definitions and construction of terms generally. 19.04.002 Definitions and construction of terms generally. Unless the context requires otherwise, the definitions codified in this chapter shall be used in the interpretation and construction of this title; and words used in the present tense include the future, the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure”; and the word “used” shall include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used”; and the word “shall” is mandatory and not meant as general guidance. Whenever any of the following terms is used, it shall mean the corresponding officer, department, board or commission of Chula Vista, herein referred to as the City: “Assessor,” “City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director of Public Works,” “Director of Development Services,” “Zoning Administrator,” or “Building Inspector.” In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as its representative or agent. “Access” means an opening in a fence, wall or structure, or a walkway or driveway, permitting pedestrian or vehicular approach to or within any structure or use. “Accessory use or structure” means a use or structure subordinate to the principal use of a building on the same lot, and serving a purpose customarily incidental to the use of the principal building. “Agent of owner” is any person who can show certified written proof that he is acting for the property owner. “Agriculture” means the use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal husbandry Page 119 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 (excluding swine); incidental to other agricultural uses; and the necessary accessory uses for storing produce and qualified employee housing; provided, however, that the operation of any such accessory use shall be secondary to that of primary uses and shall not include stockyards or the commercial feeding of garbage or offal to animals. “Alley” means a public or private way not more than 30 feet wide, which affords only secondary access to abutting property. “Amusement facility” means a place of amusement or entertainment wherein are found games, rides (animal or mechanical), coin-operated or token-operated machines or devices (e.g., video and pinball), shooting galleries, movies or entertainment machines and other games of skill or chance offered to the public. This definition does not include vending, photocopying, laminating and photo machines. 1. “Amusement arcade or center” means a facility wherein are found games, coin- operated or token-operated machines or devices (e.g., video and pinball machines) of skill, chance or entertainment offered to the public. 2. “Amusement park” means an amusement facility encompassing several acres of land and may include other commercial activities such as restaurants, retail stores and services. 3. “Amusement games or machines as accessory uses” means not more than three coin- operated or token-operated machines, rides or devices (e.g., video, pinball, mechanized rides and other electronic games) within any commercial retail or service establishment, and provided they do not constitute more than five percent of the floor area of the establishment. “Auction” means the auctioning and sale of merchandise and equipment to the highest bidder, but excluding auction rooms and livestock auctioning. Automobile Dismantling. For “automobile dismantling,” see “junkyard.” Automobile Maintenance and Repair, Minor. “Minor automobile maintenance and repair” means general lubrication services, engine tune-up, and replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including other operations named under “automobile repair, major” or similar thereto as determined by the Commission. Page 120 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 “Automobile or trailer sales area” means an open area, other than a street or an alley, used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done. Automobile Repair, Major. “Major automobile repair” means general repair, rebuilding, and reconditioning of engines, motor vehicles or trailers; collision service, including body, frame, or fender repair; and overall painting. “Automobile service station” means an establishment engaged in the sale of motor fuel dispensing devices directly into motor vehicles. In addition, other services may be performed such as tube and tire repair, battery charging, storage of merchandise to be sold on the premises as permitted herein, lubricating of automobiles, and automobile washing, not including mechanical wash, and minor repairs. “Basement” means a story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than one-half of its floor-to-ceiling height is below the average contact level of the adjoining ground, as distinguished from a “cellar” which is a story where more than one-half of its floor-to-ceiling height is below the average level of the adjoining ground. A basement, when usable as a dwelling, shall be counted as a story for purposes of height measurement, and as a half story for purposes of side yard determination. “Beginning of construction” means the demolition, elimination and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings. “Block” means a tract of land bounded by streets, dead-ends of streets, railroad rights-of-way, watercourses, large tracts of land in uses such as parks and golf courses, or a City boundary. “Boardinghouse or lodginghouse” means a dwelling or part thereof (not including rest homes, convalescent homes, bed care, supervision and other special care, such as counseling), where meals and/or lodging are provided (but not separate cooking facilities) for compensation and with not more than five guest rooms and 10 persons total. “Boatel” means any hotel or motor hotel provided with landing facilities to accommodate boats or other vessels. “Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. Page 121 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 Building, Height of. “Height of building” means the vertical distance from the average contact ground level of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. Building, High Rise. “High rise building” means any structure which is five stories or more in height. Building Line Map. The front yards of all lots and side yards along the street side of a reversed corner lot are shown upon a map on file in the Planning Department, and made a part of this title, being designated as the “building line map,” and such map and all notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by such map were all fully described herein. Building, Main. “Main building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the building site on which it is located. “Bulkhead” means a structure, including riprap or sheet piling, constructed to separate land and water and establish a permanent shoreline. “Carnival” means a traveling enterprise offering amusements with organized entertainment or exhibits and includes mechanical rides. “Carport” means a private garage, as defined herein, which is designed to be open on one or more sides. “Cellar” means a story where more than one-half of its floor-to-ceiling height is below the average contact ground level of the adjoining ground. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes. “Chula Vista General Plan” means the General Plan for the City, as adopted by the City Council on September 22, 1964, and as amended from time to time. “Commission” means the City Planning Commission of Chula Vista. “Communication equipment building or use” means a building or lot housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel. For the purpose of this title, a communication equipment Page 122 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 building or use shall be considered a quasi-public use, where such use is referred to in the zoning regulations. “Community purpose facility” means a land use designation in a planned community intended for nonprofit and certain for-profit land uses as listed in CVMC 19.48.025(C). “Council” means the City Council of Chula Vista. “Court” means a yard on the same lot with a building which is bounded on two or more sides by the exterior walls of buildings on the same lot. “Crop and tree farming” means the raising for commercial purposes of any truck, field or orchard crops or wholesale nurseries or greenhouses, including necessary buildings incidental to such crop and qualified employee housing. “Dance floor” shall mean a defined floor area located within a business establishment designed for the purpose of dancing by patrons of the establishment. “Day nursery” means day nurseries for working mothers; nursery schools for children under the minimum age of admission to public schools; parent-cooperative nursery schools; play groups for preschool children; programs giving afterschool care to school children; and all other types of group day care programs. The term “day nursery” does not include family day care homes; facilities offering 24-hour care; or regular elementary schools which offer educational programs only. “Day spa” means a business which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments. Treatments may include foot and body massage; facials; waxing; body wraps; salt scrubs; manicures; pedicures; aromatherapy; moxibustion; ear candling; and guasha (scraping), or other similar treatments. “Development unit” means that portion, along with the uses contained therein, of a planned community district which is proposed for development at one time and under one planned development permit. Development units may consist of portions of a planned community district or of the entire district. “Distance between residential structures” means the shortest horizontal distance between the vertical walls of two residential structures as herein defined. Location of points of measurement are subject to the exceptions contained in CVMC 19.16.060. Page 123 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 “Dock” means a landing pier for boats; a wharf; or a structure supported by pilings or floats in such a manner as to allow free flow of water beneath said structure and in which any buildings constructed thereon are incidental to the use of said structure as a wharf or landing pier. “Driveway” means a private road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which located. “Dwelling” means any building or portion thereof designed or used exclusively as the residence of one or more persons, but not including a hotel/motel, tent, cabin, trailer or mobilehome. Dwelling, Accessory Dwelling Unit. “Accessory dwelling units or junior accessory dwelling units” are independent living facilities of limited size that provide permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. This includes efficiency units and manufactured homes, in conformance with the requirements for such units as defined in State Government Code Section 65852.2. “Dwelling group” means a group of two or more detached buildings used for dwelling purposes located on a parcel of land in one ownership and having any yard or court in common. Dwelling, Multiple. “Multiple dwelling” means a building or portions thereof designed for or used exclusively for residence purposes by three or more families or housekeeping units, living independently of one another. Dwelling, Single-Family. “Single-family dwelling” means a building designed for or used exclusively for residence purposes by one family or housekeeping unit. Dwelling, Townhouse. “Townhouse dwelling” means an attached or semi-attached building containing a single dwelling unit and located or capable of being located on a separate lot. Dwelling, Two-Family or Duplex. “Two-family or duplex dwelling” means a building designed for or used exclusively for residence purposes by two families or housekeeping units, living independently of one another. “Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette. “E-commerce (electronic commerce)” includes commercial activities involving the sale of goods or services for profit, where those sales occur on virtual platforms including but not limited to the internet and applications within smartphones or other similar mobile cellular devices. Page 124 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 “Efficiency living unit” means a dwelling unit for occupancy, which has a minimum floor area of 150 square feet and a maximum floor area of 450 square feet and which may also have partial kitchen or bathroom facilities and shall have the same meaning as “Efficiency Unit” as defined in Section 17958.1 of the California Health and Safety Code. “Electrical generating facilities” is a collective term of reference for each of the following individually defined sub-types: 1. Base Load Facility. A “base load facility” means an electrical generating facility that is intended to run constantly at near capacity levels. This sub-type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor-owned utility transmission corridors right-of-way. Base load facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. 2. Peaking Facility. A “peaking facility” means an electrical generating facility that is used to produce extra electricity during peak load times and is permitted to operate not more than 4,000 hours per year. This sub-type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor- owned utility transmission corridors. Peaking facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. 3. Private Facility. A “private facility” means an electrical generating facility that, regardless of fuel or energy source, is operated by a private property owner or lessee, and whose function is the provision of electricity to the permitted use(s) on a single or adjoining parcel(s) on which the facility is located or serves. The associated power load shall generally be up to 25 megawatts, or as determined by applicable state or other codes. A private facility can include district heat and power, and combined heat and power types as defined in the City’s Electrical Generating Facilities (EGF) Policy. 4. Backup and Emergency Facility. A “backup and emergency facility” means an electrical generating facility that is operated only during the interruption of electrical service from the distribution system or transmission grid due to circumstances beyond the operator’s control. Page 125 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 5. Residential-Level Facility. A “residential-level facility” means an electrical generating facility whose function is the provision of electricity to serve an individual private residential dwelling unit(s). Electric Vehicle (“EV”) Service and Sales. The leasing or sales of electric vehicles (EV), parts or services for EV's, and minor repairs/service including minor body work, replacement parts (excluding paint booths), where all activities occur within a building, office space, or commercial store front, with limited outdoor storage. Sales are limited to EV, hybrid vehicles and related service/parts sales. “Emergency shelter” means housing with minimal supportive services for homeless persons, with occupancy limited to a six-month term or less by homeless persons. Emergency shelter shall have the same meaning as defined in Section 50801(e) of the California Health and Safety Code. “Essential services” means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including any buildings, electric substations, or water storage tanks. “Family day care” means regularly provided care, protection and supervision of 14 or fewer children in the state-licensed provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away; provided, that the licensee of such family day care home who rents or leases their home shall notify the property owner or landlord in writing that they are operating a family day care home in the rented or leased property. “Family day care home, large” means a family day care home, as defined by this section, which provides family day care to nine to 14 children, inclusive, including children who reside at the home. “Family day care home, small” means a family day care home, as defined by this section, which provides family day care to eight or fewer children, including children who reside at the home. Page 126 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 Filling Station. For “filling station,” see “automobile service station.” “Floor area ratio (residential)” means the numerical value obtained by dividing the total area of all the floors of a building or buildings included within the surrounding walls, by the total area of the premises. “Fulfillment center” is a facility where a building is primarily used to receive, process, and fulfill numerous consumer orders associated with electronic commerce (“e-commerce”) or similar high capacity and high frequency orders and deliveries. The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees. “Full-time foster home” means a family residence in which 24-hour care is provided for not more than six children, including children of the foster family. Garage, Private. “Private garage” means a detached, fully enclosed accessory building or a portion of the principal building used only for the storage of passenger vehicles, boats or trailers by the persons resident or employed upon the premises; provided, that such garage, when in a residential zone or incidental to a residential use, shall not be used for the storage of more than one commercial vehicle of one and one-half tons or greater rated capacity per family residence upon the premises. Garage, Public. “Public garage” means a structure or portion thereof, other than a private garage, used for the storage, sale, care, repair or refinishing of self-propelled vehicles or trailers. “General development plan” means a description of the development proposed within a particular planned community zone consisting at a minimum of a map and written statement setting forth, in general, the regulations governing, and the location and arrangement of, all proposed uses and improvements to be included in the development. “Guest house” means detached living quarters of a permanent type of construction, without kitchen or cooking facilities and intended for use by occasional guests of the occupants of the main building, but not to exceed 90 days for any one guest over a one-year period. A guest house shall not be separately rented, let, or leased, whether compensation is direct or indirect. “Hazardous waste facility” means, as applicable, a hazardous waste facility project, specified hazardous waste facility, specified hazardous waste facility project, or land disposal facility as Page 127 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 defined in Section 25199.1 of the California Health and Safety Code, and shall include any structures, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. “Home occupation” means a commercial activity conducted in a dwelling, which is clearly incidental and secondary to the use of the dwelling for residential purposes, and in accordance with CVMC 19.14.490. “Hospital” means an institution in which patients are given medical or surgical care and which is licensed by the state to use the title “hospital” without qualifying descriptive word. “Hotel/motel” means a building or group of buildings comprised of six or more guestrooms or suites of rooms, where a majority of such rooms are occupied, intended or designed for occupancy by guests for temporary lodging or sleeping purposes for less than 30 consecutive calendar days, and is held out as such to the public (not including hospitals, residential facilities, qualified employee housing, boarding or lodging houses or single room occupancy residences). “Houseboat” means any vessel used or intended to be used primarily as a dwelling unit, in contrast to a vessel used or intended to be used primarily for carrying persons or goods. “Interested party” means any person who, in person or through a representative, appeared at a public hearing of the City of Chula Vista, or made written comments via U.S. Mail, e-comment or electronic mail (email) to the City, in connection with a decision or action appealed. “Interested party” shall also include the applicant for a permit. “Junkyard” means a place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, stored or abandoned, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, and not including sale of used cars in operable condition, or salvaged materials incidental to manufacturing operations. Page 128 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 “Kennel” means a place kept for the purpose of the boarding, breeding, raising, selling or exchanging of dogs. “Kitchen or kitchenette” means any room or part of a room which is designed, built, used or intended to be used for food preparation and dishwashing, but not including a bar, butler’s pantry or similar room adjacent to or connected with a kitchen. “Landscape manual” refers to the landscape manual adopted by the City Council of Chula Vista. “Landscaping” means planting, including trees, shrubs, lawn areas, and ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, decorative rock or other paved surfaces are considered as elements of landscape development. “Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this title, and having frontage on a public or an approved private street. “Lot area” means the computed area contained within the lot lines. Lot, Corner. “Corner lot” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street right-of-way lines is the “corner.” “Lot coverage” means the percent of the total site area covered by structures other than those excepted in this title. “Lot depth” means the mean horizontal distance between the front and the rear lot lines, or between the front lot line and the intersection of the two side lines if there should be no rear lot line. Lot, Interior. “Interior lot” means a lot other than a corner lot. Lot Line, Front. “Front lot line” means the line separating the lot from the street. In the case of a corner lot, the front lot line is the shorter of any two adjacent street lot lines. Lot Line, Interior. For “interior lot line,” see “lot line, side.” Page 129 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 Lot Line, Rear. “Rear lot line” means a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: 1. For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line; or 2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; or 3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. Lot Line, Side. “Side lot line” means any lot line other than a front or rear lot line which intersects a front lot line. A side lot line separating a lot from a street is called a “side street lot line.” Lot Line, Street or Alley. “Street or alley lot line” means a lot line separating the lot from a street or alley. “Lot lines” means the property lines bounding the lot. Lot of Record. For “lot of record,” see CVMC 19.16.020. Lot, Through. “Through lot” means a lot having frontage on two parallel or approximately parallel streets. “Lot width” means the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. “Massage parlor” means a massage establishment as defined in CVMC 5.36.030. Mobilehome. For “mobilehome,” see “trailers.” “Narcotic or drug paraphernalia shop” or “head shop” means any business establishment or a portion of the premises of any business establishment wherein devices, contrivances, instruments or paraphernalia for smoking, sniffing or injection of marijuana, hashish, cocaine, PCP or any controlled substance is displayed or offered for sale. Page 130 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 “Nonconforming structure” means a structure which was lawfully erected prior to July 8, 1969, but which, under the provisions herein, does not conform to the standards of coverage, yards, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located. “Nonconforming use” means a use of a structure or land which was lawfully established and maintained prior to July 8, 1969, but which, under the provisions herein, does not conform with the use regulations for the district in which it is located. “Nursing home” means any premises with sleeping rooms where persons are lodged and furnished with meals and nursing care, not including persons suffering from contagious disease, mental diseases, alcoholism or drug addiction. “Off-shore” means land below “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. “On-shore” means land above “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. Open Space, Usable. “Usable open space” means any portion of a lot which is landscaped and/or developed for recreational and leisure use, and is conveniently located and accessible to all the units. (See CVMC 19.28.090.) “Park” means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. Parking Area, Private. “Private parking area” means an open area for the same uses as a private garage. Parking Area, Public. “Public parking area” means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers. “Parking space” means a permanently surfaced area of a size defined by Planning Commission resolution, within a structure or in the open, excluding area necessary for access under the provisions of this title, designed or used for the parking of a motor vehicle. When the long Page 131 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 dimension of a parking space adjoins a wall or fence more than six inches in height, the width of such parking space shall be not less than 10 feet. “Performance standards” are the regulations for the control of “dangerous or objectionable elements” as defined in CVMC 19.66.080 through 19.66.150. Permitted Use. For the purpose of this title, a “permitted use” in any zone shall include any use listed as a “principal permitted use” or “accessory use” and shall further include a “conditional use” as listed for the particular zone, provided a conditional use permit is obtained. “Pet shop” means an establishment involved in selling or exchanging (but excluding boarding, breeding or raising) any birds, dogs or other pets, all of which for the purpose of this chapter are called “pets.” Pharmacy, Prescription. For “pharmacy, prescription,” see “prescription pharmacy.” “Planned development permit” means a permit issued by the City Planning Commission, authorizing the actual development and construction within a planned community zone. “Poultry farm” means any premises on which the primary use is the breeding, raising or maintaining of poultry for sale of eggs or poultry, or where the primary income from the premises is derived from the aforesaid occupation. “Prescription pharmacy” means an establishment whose primary function is the sale of pharmaceutical drugs and prescriptions as well as medicinal supplies and goods. The incidental sales of toilet goods, toiletries, cosmetics, confections, tobacco and accessories, newspapers and magazines is also permitted. “Public/quasi-public” means used as public or seemingly public. For the purposes of this title, electrical substations, electrical generating facilities as defined in subsections (1), (2), (3) and (4) only of the definition “electrical generating facilities” in this section, water or wastewater treatment and storage facilities, education, civic, government offices, or other municipal, public agency or utility facilities, and others as listed in Chapter 19.47 CVMC shall be considered public/quasi-public uses, of a public service type. “Qualified employee housing” means accommodations for employees as defined in Section 17008 of the California Health and Safety Code, as may be amended, which has qualified or Page 132 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 where the owner intends to qualify for a permit to operate under the Employee Housing Act (Health and Safety Code Section 17000 et seq.). Recreation, Commercial. “Commercial recreation” means recreation facilities operated as a business and open to the general public for a fee. Recreation, Private, Noncommercial. “Private, noncommercial recreation” means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization. Recreation, Public. “Public recreation” means publicly owned or operated recreation facilities. “Religious institution” means an institution that people regularly attend to participate in or hold religious services and incidental religious education, but not including private schools as defined in this chapter. “Residence, single room occupancy (SRO)” means a rooming unit or efficiency living unit located in a building containing six or more such dwellings that are offered for occupancy by residential tenants for at least 30 consecutive days. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared. “Residential density” means the average number of families living on one acre of land in a given area. “Net residential density” is determined by dividing the total number of families in a defined area by the total acreage of all parcels of land within the area that are used for residential and accessory purposes. “Gross residential density” is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks and local shopping facilities into the total number of families in said area. “Residential facility” means any family home, group care facility, or similar facility, licensed by the state of California, for 24-hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Salvage Yard. For “salvage yard,” see “junkyard.” “Satellite dish antenna” is a device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth Page 133 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 satellite. It may be a solid, open mesh or bar configured structure, typically eight to 12 feet in diameter, in the shape of a shallow dish or parabola. “School” means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. “Self-storage facility” is a structure(s) containing separated storage spaces of varying sizes, leased or rented on an individual basis, and may include recreational vehicles storage. “Senior housing development” means a residential project which may exceed the maximum density permitted for families in the zones in which it is located, and which is established and maintained for the exclusive use of low- or moderate-income senior residents. Service Station. For “service station,” see “automobile service station.” Setback. For “setback,” see specific “yard” definitions. “Shoreline” means the boundary between land above and land below the “mean higher high water,” as defined by the latest U.S. Coast and Geodetic Survey. Stable, Private. “Private stable” means an accessory stable, corral or paddock used or designed to shelter horses belonging to the occupants of a dwelling, and where no horses are kept for hire or sale. Stable, Riding. “Riding stable” means any stable where horses are kept for hire. “Story” means that portion of a building included between the surface of any floor and the floor or ceiling next above it. Story, First. “First story” means the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except, that any basement or cellar used for residential purposes shall be deemed the first story. Page 134 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 Story, Half. “Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for one or more dwelling units shall be deemed a full story. Story, Mezzanine. “Mezzanine story” means a story which covers one-third or less of the area of the story directly underneath it. “Street” means a public right-of-way, more than 30 feet in width, which provides a public means of access to abutting property. The term “street” includes “avenue,” “drive,” “circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” or any other similar term. The term shall include the total width of the dedicated right-of-way. Street, Private. “Private street” means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites. “Structural alteration” means any change in the structural members of a building, such as walls, columns, beams or girders. “Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (Section 65582(g) of the State Government Code). “Target population” means persons with low incomes who have one or more disabilities as described in Section 65582(i) of the State Government Code. “Surface mining operations” means all, or part of, the process involved in the mining of minerals on mined lands, as defined in Chapter 19.69 CVMC, by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in-place distillation or retorting or leaching, the production and disposal of mining waste, prospecting Page 135 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). “Tideland” means lands between the “mean higher high water” and the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. “Townhouses” means attached or semi-attached buildings, each containing a single dwelling unit and each located or capable of being located on a separate lot. Trailer Camp, Trailer Park or Mobilehome Park. “Trailer camp, trailer park or mobilehome park” means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers or mobilehomes occupied as a residence. Trailers. 1. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at a campsite to provide temporary living quarters. 2. “Motorhome” means a vehicular unit built on or permanently attached to a self- propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, primarily designed to provide temporary living quarters. 3. “Camper (slide in)” means a portable unit, consisting of a roof, floor and sides designed to be loaded into and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters. 4. “Cargo trailer” means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, including a boat or livestock. 5. “Travel trailer” means a vehicular portable unit mounted on wheels of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and primarily designed and constructed to provide temporary living quarters. 6. “Mobilehome” means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units, and shall not include a recreational vehicle, commercial coach or factory-built housing. Page 136 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 7. “Commercial coach” means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall not include mobilehomes. Such coaches shall bear the State Division of Housing’s insignia of approval as a commercial coach. “Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (Section 65582(j) of the State Government Code). “Underwater land” means land below the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. “Unified control” means the written consent or agreement of all property owners. Usable Open Space. For “usable open space,” see “open space, usable.” “Warehousing facility” means the use of a building primarily for the storage of goods of any type (e.g., cold storage) by one or two businesses and used for the sale or distribution of those goods to their direct customers (excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions). Typically, 200,000 square feet or less in size with a land coverage ratio of approximately 45 to 55 percent with dock-high and/or ground level loading doors on one side of the building only. “Warehousing, logistics and distribution facility” is one used for the storage and/or consolidation of manufactured goods (and, to a lesser extent, raw materials, and includes bulk storage of materials which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers are generally greater than 200,000 square feet in size, with a land coverage ratio of approximately 40 to 60 percent; have dock-high loading doors that also could be located on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including: 1. Freight yards/forwarding terminals. Page 137 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 2. Warehousing distribution/high cube distribution centers. 3. Moving agencies. 4. Parcel delivery terminals. 5. Railroad freight stations. 6. Shipping/receiving yards. 7. Truck terminals. “Warehousing sales, retail” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods both directly to the ultimate consumer and incidental wholesaling. Generally, sales tax is collected from the ultimate consumer. “Warehousing sales, wholesale” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies, and specifically excluding sales of goods directly to the ultimate consumer. Generally, sales tax is not collected from businesses purchasing such goods. “Waterfront land” means any lot above the “mean higher high water” as defined by the U.S. Coast and Geodetic Survey having frontage directly upon the shoreline, as defined herein. Yard, Front. “Front yard” means an open space extending the full width of the lot measured between the building closest to the front lot line, which open space is between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. Yard, Front, Least Depth. “Front yard, least depth” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the front lot line. Yard, Front, Least Depth – How Measured. Such depth shall be measured from the front lot line; provided, however, that if the proposed location of the right-of-way line of such street as Page 138 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 adopted by the City (“plan line procedure”) differs from that of the existing street, then the required front yard, least depth, shall be measured from the right-of-way line of such street as adopted; or said building shall comply with the official setback lines as adopted by the City. Yard, Rear. “Rear yard” means an open space between a building and the rear lot line, unoccupied and unobstructed from the ground upward and extending across the full width of the lot, except as specified elsewhere in this title. Yard, Rear, Least Depth. “Rear yard, least depth” means the shortest distance, measured horizontally, between any part of a principal building, other than parts hereinafter excepted, and the rear lot line. Yard, Side. “Side yard” means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title. A side yard on the street side of a corner lot shall be known as an “exterior side yard.” Yard, Side, Least Width. “Side yard, least width” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the nearest side lot line. Yard, Side, Least Width – How Measured. Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City differs from that of the existing street, then the required side yard, least width, shall be measured from the right-of-way of such street as adopted; or said building shall comply with any applicable official setback lines. “Zone” means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. “Zoning map” means the zoning map or maps of Chula Vista, together with all amendments subsequently adopted. “Zoning permit” means a document issued by the Building Inspector authorizing buildings, structures or uses consistent with the terms of this title, and for the purpose of carrying out and enforcing its provisions. Page 139 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 “Zoning wall or fence” means a wall or fence erected along the property line or zoning boundary to separate any commercial or industrial zones or uses from adjacent residential zones and a fence to separate multiple-family zones from single-family zones. 19.40.020 Permitted uses. Principal permitted uses in a C-T zone are as follows: A. Stores, shops and offices supplying commodities or performing services for residents of the City as a whole or the surrounding community, such as department stores, banks, business offices and other financial institutions and personal service enterprises; B. New car dealers and accessory sale of used cars (see CVMC 19.40.030 for used car lots); electric vehicle (“EV”) service and sales; boat and equipment sales and rental establishments, subject to the provisions of CVMC 19.58.070; C. Hotels/motels, subject to the provisions of CVMC 19.58.210; D. Retail shops for the sale of auto parts and accessories, souvenirs, curios and other products, primarily to serve the traveling public; E. Restaurants and cocktail lounges (dance floors subject to the provisions of CVMC 19.58.115 and Chapter 5.26 CVMC); F. Animal hospitals and veterinary clinics, subject to the provisions of CVMC 19.58.050; G. Bakery and creamery establishments; H. Printing and publishing or lithographic shops; I. Commercial recreation facilities, such as swimming pools, bowling alleys, and skating rinks, subject to the provisions of CVMC 19.58.040; J. Plant nurseries; K. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish antennas in accordance with the provisions in CVMC 19.22.030(F)(1) through (9) and (11) through (13); Page 140 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 L. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140; M. Agricultural uses as provided in CVMC 19.16.030; N. Sexually oriented businesses, subject to the provisions of CVMC 19.58.024; O. Used clothing sales; P. Knitting and weaving shops; Q. Upholstery shops; R. Massage parlors, subject to the provisions of Chapter 5.36 CVMC. 19.44.020 Permitted uses. Permitted uses in an I-L zone are as follows: A. Manufacturing, printing, assembling, processing, repairing, bottling, or packaging of products from previously prepared materials, not including any prohibited use in this zone; B. Manufacturing of electrical and electronic instruments, devices and components; C. Wholesale businesses, storage and warehousing; D. Laboratories; research, experimental, film, electronic and testing; E. Truck, trailer, mobilehome, boat and farm implement sales establishments; F. Public and private building material sales yards, service yards, storage yards, and equipment rental; G. Minor auto repair; H. Laundries, laundry services, and dyeing and cleaning plants, except large-scale operations; I. Car washing establishments, subject to the provisions of CVMC 19.58.060; J. Electric Vehicle (“EV”) Service and Sales; JK. Plumbing and heating shops; Page 141 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #7 KL. Exterminating services; LM. Animal hospitals and veterinarians, subject to the provisions of CVMC 19.58.050; MN. The manufacture of food products, drugs, pharmaceuticals and the like, excluding those in CVMC 19.44.050; NO. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140; OP. Temporary tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.600(E)(2);* P. Any other limited manufactured use which is determined by the Commission to be of the same general character as the above uses; Q. Agricultural uses as provided in CVMC 19.16.030; R. Emergency shelters, limited subject to the provisions of CVMC 19.58.143. Page 142 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #8 Chapter 19.28 R-3 – APARTMENT RESIDENTIAL ZONE Sections: 19.28.010 Purpose. 19.28.070 Area, lot width and yard requirements. 19.28.010 Purpose. The purpose of the R-3 zone is to provide appropriate locations where apartment house neighborhoods of varying degrees of density may be established, maintained, and protected. The regulations of this district are designed to promote and encourage an intensively developed residential environment, with appropriate environmental amenities such as open areas, landscaping and off-street parking. To this end, the regulations permit, in accordance with the respective density districts, multiple dwellings ranging from garden apartments to multi-story apartment houses, and necessary public services and activities subject to proper controls. Also permitted, subject to special control, are certain retail and service activities intended for the convenience and service of the residents of the district. (Ord. 3153 § 2 (Exh. A), 2010 19.28.070 Area, lot width and yard requirements. A. The following minimum area, lot width and yard requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.080, and as modified for conditional uses. The minimum requirements shall be designated on the zoning map. Page 143 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #8 Setbacks in Feet District Classification Building Site (sq. ft.) Site Width (ft.) Area per Dwelling (sq. ft.) Front (3) Exterior Side Yard One Interior Side Yard Both Interior Side Yards Rear R-3 7,000 65 1,350(4) 15(1) 10(1) 5(2) 10(2) 15(2) R-3-M 7,000 65 2,000(4) 15(1) 10(1) 5(2) 10(2) 15(2) R-3-T 2,000 22 2,000 15(1) 10(1) 0 0 20 R-3-G 7,000 65 2,500 15(1) 10(1) 5(2) 10(2) 15(2) R-3-H 10,000 80 800 15(1) 10(1) 20(2) 50(2) 20(2) R-3-L 7,000 65 3,500 15(1) 10(1) 5(2) 10(2) 15(2) The following are exceptions to the above chart: 1. Front yards: The front setback shall not be less than that specified on the building line map. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district. 2. Side and rear yards: Side and rear yard requirements shall be increased an additional two feet for 25-foot-high structures (this dimension shall include the roof), and shall be increased at the rate of two feet for each story above 25 feet. Exception: When adjacent to an R-1, R-E or R-2 zone, the side yard setback shall be increased to 15 feet for any structure over one story or 15 feet in height, with an additional two-foot setback required for each story above 25 feet in height. In those cases where the rear yard abuts an R-3, commercial or industrial zone, the Planning Commission may grant up to a 10-foot reduction in the rear yard setback; provided, it is found that the affected open space has been transferred to a more beneficial location on the lot. Page 144 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #8 3. A front yard of 25 feet shall be required for all parcels fronting upon streets designated as major or secondary thoroughfares on the adopted Chula Vista General Plan; provided, however, that private patios and one-story portions of main buildings not exceeding 15 feet in height shall be permitted within said required front yard exclusive of the front 15 feet of said required front yard which shall be reserved for screening materials and landscaping. Said required front yard setback shall be increased an additional five feet for each story in excess of three stories. 4. The net residential density permitted under the “Area per Dwelling” column of this section’s table is maximum. On lots containing less than 15,000 square feet, the net area required for each dwelling unit established within the R-3 and R-3-M zones shall also be governed by the standards contained within the following table: Area requirements per dwelling unit based upon lot area and the number of bedrooms per dwelling unit REQUIRED AREA PER DWELLING UNIT (Square feet) Lot Area (sq. ft.) Studio and One Bedroom Two Bedroom Three Bedroom Four Bedroom or more R-3 R-3-M R-3 R-3-M R-3 R-3-M R-3 R-3-M 15,000 or more 1,350 2,000 1,430 2,080 1,510 2,160 1,590 2,240 10,000 to 14,999 1,500 2,200 1,580 2,280 1,660 2,360 1,740 2,440 7,000 to 9,999 1,700 2,500 1,780 2,580 1,860 2,660 1,940 2,740 Less than 7,000 2,000 3,000 2,080 3,040 2,160 3,120 2,240 3,200 Page 145 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #8 B. In the R-3, R-3-M, R-3-T, R-3-G, and R-3-L zones, coverage shall not exceed 50 percent of the area of the site. In the R-3-H zone, coverage shall not exceed 25 percent of the site. Page 146 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #9 19.58.445 – Portable Storage and Shipping Containers A. Purpose and Scope. The purpose of this chapter is to establish minimum development standards for the placement and maintenance of portable shipping and storage containers within the City in order to maintain the aesthetic appearance of the city, preserve property values, and protect the public health, safety and welfare. These standards are in addition to Federal, State, and local laws and regulations. Wherever there is a conflict between this chapter and other laws or regulations, the more restrictive standard shall apply. B. Definitions. For the purposes of this Section, the following definitions shall apply: 1) “Portable storage container” means a container typically no larger than eight feet by eight and one-half feet by sixteen (16) feet, and, transported to a designated location for temporary storage purposes. Examples include, but are not limited to, Portable On Demand Storage (“PODS”) and U-Haul “U-Box” containers. 2) “Shipping container” means an industrial, portable vessel typically not greater than forty (40) feet in length, intended for the large-scale shipping or transportation of goods or commodities, and generally designed to be mounted on a rail car, truck, or ship. C. Allowed uses. The use of portable storage containers and shipping containers shall comply with the regulations applicable to the zoning district in which they are used. Failure to abide by these regulations shall be subject to fine and nuisance abatement pursuant to Chapter 1.30. 1) Residential Districts (R districts). a. Shipping containers shall not be allowed in any residential zoning district, except in conjunction with active construction permit. b. Portable storage containers shall be permitted in any residential zoning district if only confined solely within an existing driveway, or, within the public right-of-way with an approved temporary encroachment permit. 2) Commercial Districts (C districts). a. Shipping containers shall be permitted as an accessory use in the C-T and C-C zones, subject to the standards set forth in this Section. Page 147 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #9 b. Portable storage containers shall be permitted in any commercial zoning district, including the C-T and C-C zones, subject to the standards set forth in this Section. 3) Industrial Districts (I zones). a. Within the I-L and I zones, shipping containers shall be permitted by right as either an accessory use, or, a principal use with an approved Design Review Permit, subject to the standards set forth in this Section. 4) Other Districts Not Specified. Shipping containers and portable storage containers are prohibited unless expressly allowed. E. Vacant Properties. Shipping containers and portable storage containers shall not be allowed on otherwise vacant parcels in any zoning district except when used in conjunction with construction executed in compliance with an approved construction permit from the City, placed on the same parcel as the construction, and subject to standards set forth in this Section. F. Notwithstanding any other provision of this chapter, shipping containers and portable storage containers used by the city for a municipal purpose shall not be subject to the standards of this chapter. Such shipping containers and portable storage containers should be located and appropriately screened to minimize visual impacts on the community. G. Existing shipping containers that are placed on municipal properties with the express permission of the underlying land owner(s) as of the effective date of this chapter shall be considered a legal nonconforming use and allowed; provided, however, owners of such a container shall screen the container from the public right-of-way as best as possible. Examples include decorative fencing or landscaping, painting a mural on the container, or relocating the container. H. Development Standards – Portable Storage Containers. Use of portable storage containers shall be subject to the following limitations and approval of a temporary use permit from the city. 1) Frequency. No more than one portable storage container shall be placed on a single lot or parcel of land within a residential zone. 2) Location. Portable storage containers shall be placed on private property, and not within the public right-of-way. If the subject property does not have a driveway, a portable storage container may be placed in the public right-of-way with an approved temporary encroachment permit. 3) Duration. Portable storage containers placed on private property shall not remain longer than thirty (30) consecutive calendar days. Portable storage containers placed within the public right-of-way with an approved temporary Page 148 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #9 encroachment permit shall not remain longer than fourteen (14) consecutive calendar days. Under no circumstances may a portable storage container be allowed on the same lot or parcel for more than ninety (90) total days in a calendar year. 4) Use. Portable storage containers shall only be used for the storage of goods, materials, equipment, or property. Portable storage containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Non-storage use of portable storage containers is not allowed. 5) Permittee Responsibilities. The permitee shall be responsible for ensuring that the portable storage container is removed in a safe manner and that no debris or materials remain on or around the portable storage container site. I. Development standards—Shipping containers. Use of shipping containers shall be subject to the following limitations. 1) General Standards. a. Use. Shipping containers shall only be used for the storage of goods, materials, equipment, or property associated with the principal use of the parcel on which the container is located. Shipping containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Non-storage use of shipping containers as a principal use within an industrial zone may be allowed if approved pursuant to this Section. b. Maximum Height. If not stacked, shipping containers shall not exceed nine (9) feet in height. Stacked shipping containers shall not be more than two containers high, or a maximum of twenty (20) feet, and placed on a surface that can withstand its weight. c. Location. Shipping containers shall be placed on the parcel and proximate to other structures on the parcel pursuant to fire code regulations and this Code, including setbacks from property lines and other location requirements for accessory structures. The Zoning Administrator shall review and approve any changes to setbacks if the applicant can establish that such use will not be detrimental to the community welfare or safety of the property and surrounding uses. Page 149 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #9 d. Signage. No advertising is allowed on or otherwise in conjunction with a shipping container. The exception to this is if the manufacturer’s name is printed on the container. e. Exterior Façade. Shipping containers shall not display signage beyond that required by law and shall be kept free of graffiti. Any graffiti shall be removed within seven calendar days of discovery. 2) Commercial Districts. a. Frequency. A maximum of two containers on a single lot or parcel of land. Stacking is prohibited. b. Buffer from Residential Districts. Shipping containers shall not be located within three hundred (300) feet of an existing residential district. c. Screening. Shipping containers shall be fully screened from public view. Screening may include, but is not limited to, walls or solid fencing, or fast- growing landscaping. 3) Industrial Districts. a. Frequency. i. Principal Use. Where the principal use of the parcel is a business that sells, leases, or places shipping containers at locations and does not provide on-site storage of goods or commodities as a service there is no frequency limit, provided the shipping containers meet the standards set forth in this Section. Stacking is permitted with height not to exceed twenty (20) feet. b. Accessory Use. i. A shipping container shall not be allowed as an accessory use on a single lot or parcel that is less than one acre. ii. No more than fifteen (15) shipping containers shall be allowed as an accessory use on a single lot or parcel that is greater than one acre. Stacking is permitted with height not to exceed twenty-five (25) feet. iii. A parcel may contain more shipping containers than permitted by obtaining a conditional use permit, and approval by the Planning Commission, who, when approving such permit, shall make the following findings: Page 150 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #9 A. The shipping containers shall not pose a threat to the public health, safety, or welfare due to their placement, frequency, or condition. B. The shipping containers shall be placed in accordance with fire and building code standards. C. The shipping containers are, and shall remain, in good repair such that no container, due to its structural condition, contents, immediate surroundings, or other condition, contributes to visual blight or nuisance conditions. D. The applicant shall reduce any potential for visual blight or nuisance conditions and shall implement and maintain those improvements at all times. Such improvements may include any enhancements deemed acceptable and appropriate by the City. iii. Setbacks. Stacked shipping containers shall be placed at least one hundred and fifty (150) feet from any public right-of-way. Non-stacked shipping containers shall be placed at least one hundred (100) feet from any public right-of-way. iv. Buffer from Residential Districts. Shipping containers shall not be placed within five hundred (500) feet of any residential district. J. Temporary use of shipping containers. Shipping containers shall be allowed in all zones on a temporary basis subject when utilized during construction operations for the parcel, pursuant to an approved construction permit, and, when utilized solely for the storage of supplies and equipment used for such construction operations. Removal of the container shall occur either upon occupancy of the building or expiration of the construction permit, whichever occurs first. K. Nonconforming uses—Portable storage and shipping containers. 1) Unless otherwise provided by this chapter, all illegal, nonconforming uses of shipping containers and portable storage containers within the city as of the date of the adoption of this chapter are prohibited and may be subject to citation, fine, or abatement pursuant to Chapter 1.30, or other civil or criminal penalties. 2) A shipping container constructed or placed prior to the date of adoption of this chapter shall be allowed to continue provided that the shipping container meets the following conditions: a. The shipping container is on a parcel in an industrial zone. Page 151 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #9 b. The shipping container, nor use of the container, is not modified, increased, enlarged, or extended beyond that in existence on the date of adoption of this chapter. Page 152 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #10 19.58.400 Recreational vehicle storage yards. 1. An application to establish a recreational vehicle (RV) storage yard (storage area for motorhomes, camping trailers, boats and other recreation equipment) shall address the following issues: (1) height limit for stored items, (2) screening (landscaping and fencing), (3) surfacing, (4) access to the site, (5) office facilities, (6) customer parking, (7) lighting, (8) hours of operation, (9) security, (10) signing, (11) surrounding land uses and structures. The application shall also be accompanied by a comprehensive list of items which would be eligible for storage. Any subsequent additions to the list shall be subject to the approval of the Director of Development Services, or designee. The approval of an RV storage yard grantedjudged by the Planning Commission to represent an interim use of land based upon zoning, development patterns, and/or pending plans in the area shall be subject to a review and report filed each year by the owner with the Development Services DepartmentCity Zoning Administrator. Failure to file the report or abide by the conditions of approval shall cause the matter to be set for a rehearing before the Planning Commission to consider revocation of the permit or other appropriate corrective action. Permits for interim RV storage yards shall be granted for a maximum period of five years with extensions subject to rehearing before the Planning Commission. 2. Recreational vehicles, specifically motorhomes and camping trailers, parked on a residentially-zoned property (R districts) or a property with a residential use, shall not be used as a dwelling, permanent or temporary. i. No more than a total of two (2) motorhomes or camping trailers shall be parked at any time on a residentially-zoned property (R districts) or a property with a residential use. Page 153 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #11 19.14.490 Home occupations – Permit required when – Restrictions and requirements – Revocation when – Appeals. In any R zone, a customary home occupation may be permitted subject to a home occupation permit granted by the Development Services DepartmentDirector which is merely incidental and secondary to residence use. Each such permit shall be accompanied by the required filing fee(s). The following are typical home occupations: fine arts, handicrafts, dressmaking, millinery, laundering, preserving, home cooking, route salesman; or office of a doctor, dentist, lawyer, architect, engineer, teacher or member of another recognized profession. In approving a home occupation permit, the Development Services Department must find that the use can be conducted safely, will not have an adverse effect on the neighborhood or other adjacent uses, and can reasonably be expected to conform to the following restrictions: The home occupation shall not: A. No use shall create or cause noise, dust, vibration, smell, glare or electrical interference or other hazards or nuisances. B. No employees other than residents of the dwelling shall be allowed in connection with a home occupation. (Babysitters or domestic servants are not considered employees of a home occupation.) C. There shall be no clients or customers on the premises at any time, except where the Development Services Department determines that limited customer traffic may be warranted due to the nature of the business. D. If a home occupation is to be conducted on rental property, the property owner's authorization for the proposed use shall be obtained prior to the issuance of a home occupation permit. E. Where the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored and sold directly to customers at an off-premises location. F. There shall be no use of material or mechanical equipment not recognized as being part of a normal household or hobby use. Page 154 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #11 G. No vehicle larger than a one-ton, four-wheel truck may be used in connection with a home occupation. H. Activities conducted, and equipment or material used, shall not change the fire safety or occupancy classifications of the premises nor use utilities in amounts greater than normally provided for residential use. I. There shall be no direct (in-person) sale of products or services on the premises. J. The use shall not involve the special use of commercial vehicles for delivery to or from the premises. K. There shall be no storage of material and/or supplies, indoor or outdoor for purposes other than those permitted in the residential zone. L. The home occupation shall not be identified by a sign. M. A structure or space outside of the main building or an accessory structure, including the garage, may be used for home occupation purposes. Whenever a garage is used, the home occupation shall not reduce the required parking area as established in Section 19.62.050. N. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which causes the premises to differ from its residential character either by use of colors, materials or construction, lighting, signs, sounds or noises, vibrations, or similar distinctive workings. O. The Development Services Department may impose such conditions on the issuance of the permit as are necessary to ensure that the use will have no adverse effect on the neighborhood, and it shall be unlawful for a home occupation to be carried on in violation of such conditions or so as not to conform with the requirements of this Section. Involve the use of power equipment using motors of more than a total of one horsepower capacity or the equivalent thereof, unless a use permit therefor shall have been issued by the Planning Commission; B. Generate vehicular traffic in excess of that associated with a residential use; C. Create a nuisance by reason of noise, dust, odor, vibration, fumes, smoke, electrical interference, or other causes; Page 155 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #11 D. Permit any external display of products, merchandise, or any sign to identify the home occupation. A home occupation permit shall be revoked by the Director of Development Services upon violation of any requirement of this chapter, or of any condition or limitation of any permit issued, unless such violation is corrected within 15 days of notice of such violation, and any such permit may be revoked for repeated violation of the requirements of this section or of the conditions of such permit. In the event of denial of any permit, or the revocation thereof, or of objection to the limitations placed thereon, an interested party may then appeal the determination within 10 business days to the Planning Commission by filing a written statement with the Development Services Department, stating the reasons for appeal. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than 30 calendar days to set the matter for public hearing in front of the Planning Commission. The meeting date shall also be no more than 60 calendar days from the application’s filing date. 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 Director of Development Services. 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 design review manual. The decision of the Planning Commission shall be final. Page 156 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #12 19.14.860. Substantial Conformance Review. A. The Zoning Administrator may approve minor changes to a previously-approved discretionary permit at the administrative level (and without a public hearing) if the proposed changes are in substantial conformance with the existing permit and would not require any additional environmental analysis. Such proposed changes shall not significantly affect the design, intensity or intent of the approved project or reduce any requirement intended to mitigate an environmental effect, alter any public improvement or facility or conditions for which other properties or developments may rely, nor have an adverse effect upon public health, safety, or welfare. B. Application Submittal. Applications for substantial conformance review shall be filed with the Development Services Department on a form prescribed by the Director of Development Services, and, accompanied by fees as set forth within the City’s Master Fee Schedule. C. A substantial conformance determination may include: 1. Structural additions to non-residential projects of no greater than ten (10) percent of the total floor area. 2. Structural additions or alterations to existing residential projects that add no additional units. 3. Changes to parking and circulation configurations which do not change the basic parking areas or circulation concept or reduce the number of parking spaces. 4. Landscape modifications which do not alter the general concept or reduce the effective amount of landscaping. 5. Architectural or exterior material or color changes which do not change the basic form and theme of an existing building, do not change the location of windows or doors, or conflict with the original architectural form and theme of an existing building. 6. Other requests similar to the above-listed changes, as determined by the Zoning Administrator. D. Approval. No official notice of decision is required for determinations of substantial conformance. The approval period shall be valid until the expiration of the original permit, unless an extension of time has been granted. Page 157 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #13 19.14.025 Zoning Administrator – Determination of similar uses. A. Determination of Similar Uses. The Zoning Administrator may determine that a proposed use not listed in the zoning district as permitted or conditionally permitted is allowable, if all of the following findings are made: 1. The characteristics of, and activities associated with, the proposed use are equivalent to one or more of the listed uses; 2. The proposed use will be consistent with the purposes of the applicable zoning district; and 3. The proposed use will be consistent with the General Plan and any applicable specific plan. When the Zoning Administrator determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this title apply. Similarly, the Zoning Administrator can make the determination that the proposed unlisted use is allowed in certain zones only (i.e. allowed in a commercial zone, but not in an industrial zone). Page 158 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda C.Specific Plan Administration 1.Design Review Requirements The Design Review Process for future development projects is established for the Urban Core Specific Plan focus areas. Except as provided in paragraphs 3 and 4, below, development projects within the Specific Plan Focus Areas will be subject to a design review process to ensure consistency with the Specific Plan. In addition, proposed developments would also be required to adhere to existing CVMC regulations and processes for other discretionary review, such as those for conditional use permits, variances, and subdivisions, as may be applicable. (See CVMC 2.55, 19.14, and 19.54). All development within the Specific Plan Focus Areas require an administrative design review process (REMOVE: "illustrated in Figure 11.1"). To be approved, a development project must: •Comply with the permitted uses and development criteria contained in Chapter VI -Land Use and Development Regulations of this Specific Plan, and other applicable regulations contained in the CVMC; and, •Be found to be consistent with the design requirements and recommendations contained in Chapter VII -Design Guidelines of this Specific Plan. For those projects which propose buildings that exceed 84 feet in height, the further following findings will be required to be made: •The building design reflects a unique, signature architecture and creates a positive Chula Vista landmark; •The project provides increased amenities such as public areas, plazas, fountains, parks and paseos, extensive streetscape improvements, or other public amenities that may be enjoyed by the public at large. These amenities will be above and beyond those required as part of the standard development approval process; and, •The overall building height and massing provides appropriate transitions to surrounding areas in accordance with the future vision for those areas, or if in a Neighborhood Tr ansition Combining District, the adjoining neighborhood. Except as provided in Section 3. Previously Conforming Uses, Section 4. Exemptions, and Section 5. Site Specific Variance below, all projects require a pre-submittal meeting with staff to determine appropriate processing requirements and preliminary issue identification. A permit will be issued if it is determined that the project complies with the provisions of the Specific Plan, including the Chapter XI I • • I • I Xl-3 Attachment #14 Page 159 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Xl-4 Applicant Major Projects Staff Review: • Project changes/revisions as necessary • Make recommendations on consistency w/ Specific Plan Planning Commission Denied Appeal to City Council Design Review Process DESIGN REVIEW PROCESS * REMOVE ENTIRE GRAPHIC* ) Pre-Submittal Staff Meeting(S) (Required) Staff Review • Completeness Check • Public Notice (If necessary) • Review for CEQA compliance facilitate Environmental Secondary Study if necessary Minor Projects If consistent submit NOD (notice of decision) w/ conditions of Approval to ZA (Zoning Administrator) If not consistent redesign or ZA (Zoning Administrator) denial Appeal to City Council Urban Core Specific Plan Public lmput fg. 11.1 Page 160 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #15 19.60.050 Standard provisions. The policies, rules and regulations stated in this section apply to all signs within the regulatory scope of this chapter, and to all provisions of this chapter, notwithstanding any more specific provisions to the contrary. A. Message Neutrality. It is the City’s policy to regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. B. Regulatory Interpretations. All regulatory interpretations of this chapter are to be exercised in light of the City’s message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, or whenever a sign does not qualify as a “structure” as defined in the California Building Code, then the Director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this chapter. C. Substitution of Messages. Subject to the land owner’s consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message; provided, that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. D. Rules for Noncommunicative Aspects of Signs. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process. E. Billboard Policy. The City completely prohibits the construction, erection or use of any billboards, other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision is first adopted. The City adopts this policy pursuant to California Government Code Section 65850, California Business and Professions Code Sections 5354(a) and 5408.3 (both effective January 1, 2003). No permit Page 161 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #15 shall be issued for any billboard which violates this policy, and the City will take immediate abatement action against any billboard constructed or maintained in violation of this policy. The City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently existing, legal billboards, as encouraged by California Business and Professions Code Section 5412. F. Multiple Use Zones. In any zone where both residential and nonresidential uses are allowed, the signage rights and responsibilities applicable to any particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential use where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process. G. Severance. If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the City Council affirmatively declares that it would have approved and adopted the chapter even without any portion which may be held invalid or unenforceable. H. Land Owners’ Consent. No sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, “owner” means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property. I. Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this chapter), or the ownership of sign structures. J. Sign Programs. Sign programs, voluntarily proposed for specific developments, as well as special sign districts or special sign overlay zone, when approved by the Zoning AdministratorPlanning Commission or the City Council may modify the rules stated herein as to Page 162 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #15 sign size, height, illumination, spacing, orientation or other noncommunicative aspects of signs, but may not override or modify any of these standard provisions. All the provisions of this section shall automatically apply to and be deemed a part of any sign program approved after the date on which this provision is initially adopted. Page 163 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #16 19.83.015 Finality of City action. A local decision on an application for a development shall be deemed final when (A) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified LCP, and that the required conditions of approval adequate to carry out the certified LCP as required in the implementing ordinances have been imposed, and (B) all rights of appeal have been exhausted as defined in CVMC 19.83.019. A decision to approve a coastal development permit must be based upon the following written findings: 1. The proposed project is consistent with the certified Local Coastal Program of the City of Chula Vista. 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) and that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment. 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et seq. of the Coastal Act. Page 164 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #17 19.14.582 Design review approval. A. Plans for the establishment or, location, expansion or alteration of (1) multifamily buildingsstructures in all multifamily residential zones, and (2) nonresidential buildings structures in all commercial and industrial zones, shall require design review by the Planning Commission. Patio covers, shade structures, awnings, and other similar architectural features within these same zones shall not require design review. B. The Planning Commission shall approve, conditionally approve or deny such plans. The Planning Commission shall base its findings and actions on the design review provisions of the affected design manuals of the City. CB. The Zoning Administrator has the discretion, with the concurrence of the applicant, to act in the place of the Planning Commission in the case of minor projects, including new construction or building additions to commercial, industrial, or institutional projects with a total floor area of 2100,000 square feet or less, and residential projects of 1200 units or less. Generally, Tthe Zoning Administrator and/or Planning Commission shall base its findings and actions upon the provisions within Section, andof the affected design manuals of the City. Page 165 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #18 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 19.64.160 Previously conforming structure – Replacement – Nonresidential. A. A previously conforming nonresidential structure, whether to be replaced by the exact same structure and/or use, or, incurreding damage by fire, explosion, wind, earthquake, war, riot, or other calamity or act of God, which damage does not exceed 60 percent of its value, as established by the City Manager or designee, at the time of damage, may be reconstructed subject to the conditions in CVMC 19.64.170. 1. Notwithstanding subsection (A) of this section, reconstruction shall not be permitted in the City right-of-way. B. In no event shall a previously conforming nonresidential structure incurring damage exceeding 60 percent of its value, as established by the City Manager or designee, at the time of damage, be reconstructed or restored to its condition prior to such damage. (Ord. 3153 § 2 (Exh. A), 2010). Page 166 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #19 Chapter 19.14 ADMINISTRATIVE PROCEDURES – PERMITS – APPLICATIONS – HEARINGS – APPEALS Sections: 19.14.800 Initiation of amendments to the General Plan, sectional planning area plans, general development plans, specific plans, and precise plans and rezonings. 19.14.810 Purpose of initiation procedures. 19.14.815 Initiation approval does not constitute project approval. 19.14.820 When an initiation application is required. 19.14.830 Initiation application process. 19.14.840 Criteria for approval of an initiation of amendments to land use plans or rezone. 19.14.850 Process for approval of an initiation of land use plan amendment or rezone. 19.14.800 Initiation of amendments to the General Plan, sectional planning area plans, general development plans, specific plans, and precise plans and rezonings. 19.14.810 Purpose of initiation procedures. The purpose of these procedures is to establish a process for the initiation of General Plan, sectional planning area plans, general development plans, specific plans, and precise plans (land use plan amendments) or rezoning of any property within the City of Chula Vista. The initiation process is intended to seek Planning Commission or City Council direction on whether to commit City resources to potentially make changes to a land use plan or to rezone property within the City of Chula Vista. The initiation process is not intended for every proposed land use plan amendment or rezoning of property and City staff are hereby exempted from it. It is only intended for land use plan amendments proposed by a private person that from the outset Page 167 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #19 may or may not have the support of staff, and as such are being referred to the Planning Commission or City Council for review. 19.14.815 Initiation approval does not constitute project approval. The City Council hereby finds that these procedures do not commit the City to any definite course of action, including, but not limited to, approval or denial of any proposed land use plan amendments or rezoning prior to California Environmental Quality Act (CEQA) review being conducted. Rather, these procedures set forth the City’s intent to give staff direction to further explore the merits of any proposed land use plan amendment or rezone commensurate with the submittal of a future project. Notwithstanding the foregoing, nothing in these procedures will be construed as circumscribing or limiting the City’s exercise of discretion with respect to any future land use plan amendment or rezone in connection with a project. Any and all future discretionary actions may be exercised in the sole and absolute discretion of the City. The party requesting a potential land use plan amendment or rezone assumes the risk, and in accordance with the application for initiation, shall waive, release, defend, protect and indemnify the City from and against any claims alleging City approval of the initiation approval request constituted an approval of the proposed land use plan amendment or rezoning. 19.14.820 When an initiation application is required. Subject to applicable laws, the City is under no obligation to process a private request for a land use plan amendment or rezoning. A private proposal to amend a land use plan or to rezone any property in the City may be requested for City approval by filing an application for initiation. 19.14.830 Initiation application process. An initiation application for a land use plan amendment or rezone shall be filed with the City Manager, or designee, in accordance with the following requirements: A. Authority to File an Application. The following persons are deemed to have the authority to file an application: Page 168 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #19 1. The record owner of the real property that is the subject of the land use plan amendment or rezone; 2. The property owner’s authorized agent; or 3. Subject to the City Manager’s approval, any other person who can demonstrate a legal right, interest, or entitlement to the use of the real property subject to the application. B. Submittal Requirements. The application shall be made on a form provided by the City Manager and shall be accompanied by the materials, information, fees, and deposits that are required on the date the application is filed. The application shall be deemed complete when the department processing the application has determined that the application includes all of the information, materials, fees, and deposits required by this section. The City may, in the course of processing the application, request that the applicant clarify, simplify, or provide in alternate format or medium, the information required for the application. C. Materials and Information. The City Manager shall maintain a list specifying the materials and information to be submitted with each initiation application for a land use plan amendment or a rezone. The list may be revised on a quarterly basis or as needed to comply with revisions to local, state, or federal law, regulation, or policy. The subject list shall be available at the Development Services Department and shall apply to all applications submitted. 19.14.840 Criteria for approval of an initiation of amendments to land use plans or rezone. An application of initiation of an amendment to a land use plan or zone may be approved by the Planning Commission or City Council if all of the following criteria are met: A. The proposed land use plan amendment or rezone is consistent with the goals and policies of the General Plan; B. The proposed land use plan amendment or rezone provides equal or greater public benefit to the community as compared to the existing land use designation, density/intensity range, or plan policy; and Page 169 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #19 C. Public facilities are available to serve the proposed change in land use designation or density/intensity, or their provision will be addressed as a component of the land use plan amendment or rezoning process. 19.14.850 Process for approval of an initiation of land use plan amendment or rezone. Land use plan amendment or rezoning initiation requests shall be decided by Planning Commission or City Council at a public hearing noticed in accordance with CVMC 19.12.070. The decision shall be limited to whether staff should be directed to accept a formal application for a land use plan amendment or rezone and to bring the action and appropriate environmental review through the Planning Commission for recommendation and to City Council for final consideration at a future date. Initiation actions shall not commit staff nor future decision makers to a specific recommendation on the proposal or to any specific future action. The Planning Commission and City Council reserve the right to exercise their police power and land use authority with respect to any future land use plan amendment or rezone in their sole and absolute discretion as required by and in accordance with applicable laws. Initiation requests shall be heard by City Council within 40 business days from the date the initiation application is deemed complete. A staff review of the application of this chapter to specific initiation requests should be conducted within a year of the effective date of the ordinance codified in this chapter. The results of this review shall be provided to Planning Commission and City Council upon request. Page 170 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Attachment #20 19.58.500 Trash Hauling Requirements for New Development Projects. A. The construction of new single-family residential, multi-family residential, and mixed-use projects shall comply with the City’s Recycling and Solid Waste Planning Manual, originally adopted by City Council Resolution 2005-023, as amended from time to time. Page 171 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Page 1 City of Chula Vista Regular Planning Commission Meeting MINUTES April 24, 2024, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Commissioners Present: Commissioner Burroughs, Commissioner Combs, Chair De La Rosa, Commissioner Leal, Vice Chair Torres, Commissioner Zaker Absent: Commissioner Felber Also Present: City Clerk Bigelow, Development Services Director Black, Director of Housing and Homeless Services Kurz, Planning Manager Philips, Outside Counsel Spath, Senior Planner Stanley, Housing Manager Warwick, Secretary Zepeda, Assistant Director of Development Services Cass _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 6:01 p.m. 2. ROLL CALL Secretary Zepeda called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Commissioner Combs led the Pledge of Allegiance. 4. PUBLIC COMMENTS There were none. 5. PUBLIC HEARINGS Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than specified in the notice. Page 172 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 2024-04-24 Minutes - Planning Commission Page 2 5.1 Amend Chula Vista Municipal Code Title 19 (Planning and Zoning) To Update and Add Chapters Related to the Production of Affordable Housing and Associated Policies for Low- and Moderate-Income Households Senior Planner Stanley gave a presentation on the item and Consultant Mark Sawicki with RSG was available for questions. Chair De La Rosa opened the public hearing. There being no members of the public who wished to speak, Chair De La Rosa closed the public hearing. Moved by Commissioner Leal Seconded by Commissioner Zaker To approve the resolution as presented with the amendment to section 19.91.050.A to reflect changing the threshold number of units from 10 to 25. The motion was carried by the following vote: Yes (6): Commissioner Burroughs, Commissioner Combs, Chair De La Rosa, Commissioner Leal, Vice Chair Torres, and Commissioner Zaker Result, Carried (6 to 0) 6. ACTION ITEMS 6.1 Approval of Meeting Minutes Moved by Commissioner Zaker Seconded by Commissioner Leal To approve minutes dated March 27, 2024 and April 10, 2024. The motion was carried by the following vote: Yes (6): Commissioner Burroughs, Commissioner Combs, Chair De La Rosa, Commissioner Leal, Vice Chair Torres, and Commissioner Zaker Result, Carried (6 to 0) 6.2 Written Communication Moved by Commissioner Combs Seconded by Commissioner Leal To approve the absence. The motion was carried by the following vote: Page 173 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda 2024-04-24 Minutes - Planning Commission Page 3 Yes (6): Commissioner Burroughs, Commissioner Combs, Chair De La Rosa, Commissioner Leal, Vice Chair Torres, and Commissioner Zaker Result, Carried (6 to 0) 7. DIRECTOR'S REPORT There was none. 8. CHAIR'S COMMENTS Chair De La Rosa thanked staff for answering questions on housing and affordability. 9. COMMISSIONERS' COMMENTS Commissioner Combs thanked staff and consultants for their work on the affordable housing report. Vice Chair Torres reported on attendance at recent events and made community announcements. 10. ADJOURNMENT The meeting was adjourned at 7:26 p.m. Minutes prepared by: Mariluz Zepeda, Planning Commission Secretary. _________________________ Mariluz Zepeda, Secretary Page 174 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda Request for Excused Absence Form – 6/19 REQUEST FOR EXCUSED ABSENCE City of Chula Vista Boards, Commissions, and Committees Name: _________________________________________________ Date of Absence: _________________________________ Board/Commission/Committee: _________________________________________________________________________________ Chula Vista Municipal Code section 2.25.110 (C) allows board/commission/committee members, by a majority vote, to excuse a fellow board, commission, or committee member’s absence from a meeting for any of the reasons listed below. A member who is absent from three consecutive, regular meetings will be deemed to have vacated his or her membership, unless the member’s absence is excused by a majority vote of the other members. An absence is only recorded as “excused” upon receipt of a member’s request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you have been absent from a regular meeting, please complete and submit this form to the chair or secretary. Please indicate the reason for the absence: 1. Illness of the member, family member of the member, or personal friend of the member; 2. Business commitment of the member that interferes with the attendance of the member at a meeting; 3. Previously scheduled vacation of the member, notice of which was provided to the respective board or commission in advance of the meeting; 4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant event; 5. Unexpected, emergency situation that prohibits the member’s attendance; or 6. Other reason for which the member has given notice to the secretary of his or her unavailability at least seven days in advance of the meeting. OR The absence was not for any of the above-listed reasons. I understand that the absence will be recorded as unexcused. I certify the reason for the absence indicated above is true and correct. Member’s Signature: __________________________________________________________ Date: _____________________________ If completed by secretary or staff to board/commission/committee: Completed on member’s behalf by: _____________________________, per member’s Verbal Written request on: _________________. (date) (secretary/liaison’s name) 04/10/24 04/24/24 Planning Commission Mariluz Zepeda Bryan Felber 4 4 Page 175 of 175 City of Chula Vista Planning Commission May 8, 2024 Agenda