HomeMy WebLinkAboutAttachment 09 - Freeway Commercial Planned Community District RegulationsPLANNED COMMUNITY (PC)
DISTRICT REGULATIONS
Freeway Commercial
(South Portion)
Otay Ranch Town Center
Sectional Planning Area (SPA)
Adopted April 1, 2003, by Resolution No. 2003-132, Ordinance No. 2903
Amended September 21, 2004, by Resolution No. 2004-300, Ordinance No. 2977
Amended by Resolution No. 2016-187 on September 13, 2016, and
Adopted by Ordinance No. 3376 on September 20, 2016
Amended by Resolution No. 2019-214 June 18, 2019 and
Adopted by Ordinance No. 3459 on July 23, 2019
Project Sponsor:
GGP-Otay Ranch L.P.
733 Eighth Street
San Diego, CA 92101
Contact: Tony Pauker
(858) 794-6157
Prepared by:
Atlantis Group
2488 Historic Decatur Road, Suite #220
San Diego, CA 92106
Contact: Ted Shaw
(619) 523-1930
tshaw@atlantissd.com
FREEWAY COMMERCIAL
OTAY RANCH TOWN CENTER
PLANNED COMMUNITY (PC) DISTRICT REGULATIONS
TABLE OF CONTENTS
SECTION PAGE
I. GENERAL PROVISIONS 1
A. Purpose and Scope 1
B. Private Agreements 1
C. Conflicting Ordinances 1
D. Establishment of Land Use Districts 2
1. Adoption of Land Use Districts Map 2
2. Amendments to the Land Use Districts Map 2
E. Clarification of Ambiguity 3
F. Effect of Regulations 3
G. Definitions of Terms 3
II. LAND USE DISTRICT MAP 5
A. District Boundaries 5
III. FREEWAY COMMERCIAL DISTRICT 6
A Purpose 6
B. Permitted and Conditional Uses 6
C. Accessory Uses and Buildings 11
D. Sign Regulations 12
1. Sign Permit Exceptions 12
2. Prohibited Signs and Lighting 15
3. Signs Permitted 16
4. Signs Relating to Inoperative Activities 17
5. Enforcement, Legal Procedures, and Penalties 17
6. Construction and Maintenance 18
7. Design Standards 18
8. Landscaping 19
9. Illumination and Motion 19
10. Sign Copy 19
11. Relationship to Streets 19
12. Design Review and Approval 19
E. Property Development Standards 20
1. General Requirements 20
a. Standards for Commercial Use Districts (FC 1 and Hotel) 20
b, Standards for Residential and Mixed-Use Districts 20
2. Additional Requirements 23
3. Special Requirements 23
F. Parking and Loading Facilities 25
1. Size and Access Requirements 26
2. Number of Spaces Required for Designated Land Use 28
3. Loading Facilities 31
4. General Provisions 32
5. Parking Screening Requirements 33
6. Parking Area Landscaping 33
7. Parking Area Lighting 33
G. Outdoor Storage and Sales Areas 33
H. Trash Storage and Recycling Facilities 34
I. Wall Requirements 35
J. Landscaping 35
K. Performance Standards 35
L. Park and Ride Facilities 37
IV. SPECIAL USES AND CONDITIONS 38
A. Purpose 38
B. Temporary Uses and Special Events 38
1. Purpose 38
2. Temporary Uses Listed 38
3. Permits and Bonds 39
4. Extension or Modification of Limits 39
5. Condition of Site Following Temporary Use 39
6. Fee 39
C. Recreational Facilities 39
V. LEGISLATIVE PROCEDURES 41
A. Purpose 41
B. Adoption of Planned Community District Regulations 41
C. Amendments 41
VI. ADMINSTRATIVE PROCEDURES, CONDITIONAL USES AND VARIANCES 42
A. Purpose and Intent 42
B. Zoning Administrator – Authority 42
C. Planning Commission 46
D. Planning Commission – Appeals Procedure 46
E. Site Plan and Architectural Approval 46
F. Site Plan and Architectural – Appeal 49
G. Conditional Use Permit 50
H. Conditional Use Permit – Appeals 51
I. Variance 51
J. Variance – Appeals 52
VII. EXCEPTIONS AND MODIFICATIONS 53
A. Height Limitation Exceptions 53
B. Projections into Required Yard Permitted 53
VIII. ENFORCEMENT 54
A. Enforcement by City Official 54
B. Actions Deemed Nuisance 54
C. Remedies 54
D. Penalties 54
LIST OF EXHIBITS
EXHIBIT PAGE
Exhibit PC-1 5
Exhibit PC-2 25
LIST OF TABLES
TABLE PAGE
Table A: Commercial Property Development Standards 21
Table B: Residential and Mixed-Use Property Development Standards 22
Table C: Parking Requirements 28
Table D: Required Handicapped Parking 30
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FREEWAY COMMERCIAL SPA
OTAY RANCH TOWN CENTER
PLANNED COMMUNITY (PC) DISTRICT REGULATIONS
I. GENERAL PROVISIONS
A. Purpose and Scope
For the purpose of promoting and protecting the public health, safety and welfare of the
people of the City of Chula Vista, to safeguard and enhance the appearance and quality of
development in the Freeway Commercial Sectional Planning Area (SPA) of the Otay
Ranch General Development Plan (Otay Ranch GDP) area, and to provide the social,
physical and economic advantages resulting from comprehensive and orderly planned use
of land resources, these Planned Community (PC) District Regulations defining land use
districts and regulations within those districts are hereby established and adopted pursuant
to Title 19 (Zoning Ordinance) of the Chula Vista Municipal Code (CVMC), specifically
Chapter 19.48 PC Planned Community Zone. (Note that the proposed contemporaneous
Otay Ranch GDP Amendment renames the southern portion of the Freeway Commercial
SPA [FC 1] to Otay Ranch Town Center.)
The PC District Regulations are intended to:
• Ensure that the SPA Plan is prepared and implemented in accordance with the
provisions of the Otay Ranch GDP.
• Implement the Chula Vista General Plan for the Eastern Territories.
• Promote the orderly planning and long-term phased development of the Freeway
Commercial portion of the Otay Ranch GDP area.
• Establish conditions which will enable the Freeway Commercial SPA to exist in
harmony within the larger community.
B. Private Agreements
The provisions of this ordinance are not intended to abrogate any easements, covenants,
or other existing agreements which are more restrictive than the provisions contained
within this ordinance.
C. Conflicting Ordinances
Whenever the provisions of this ordinance impose more, or less, restrictive regulations
upon construction or use of buildings and structures, or the use of lands/premises than are
imposed or required by other ordinances previously adopted, the provisions of this
ordinance or regulations promulgated hereunder shall apply.
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D. Establishment of Land Use Districts
In order classify, regulate, restrict, and separate the use of land, buildings, and structures,
and to regulate and limit the type, height and bulk of buildings and structures in the various
districts, and to establish the setback areas and other open space areas abutting and between
buildings and structures, and to regulate the density of population, the Freeway
Commercial SPA is hereby divided into the following Land Use Districts:
FREEWAY COMMERCIAL OTAY RANCH TOWN CENTER SPA
LAND USE DISTRICTS DEFINITIONS
SYMBOL DEFINITION
FC 1
Freeway Commercial (FC 1): The FC District permits regional uses which require
an automobile orientation near regional transportation systems, including, but not
limited to thoroughfare commercial, visitor commercial, and regionally oriented
retail and service commercial uses. FC 1 additionally permits major (>500,000
square-feet) regional retail facilities. The MU/R (Mixed-Use/Residential) is
located in the northwest quadrant of the FC 1 District.
FC 2
Freeway Commercial North (FC 2) is divided into three sub-categories. H is
primarily intended to contain hotels. RM is primarily intended for multi-family
residential in an urban character with an urban park provided at the core of the
planning area. C/MU and MU/R are primarily intended to contain mixed-use
multi-family residential and commercial.
1. Adoption of Land Use Districts Map
Land Use Districts and boundaries are established and adopted as shown, delineated
and designated on the Freeway Commercial SPA Land Use Districts Map (see
Exhibit PC-1) of the City of Chula Vista. This map, together with all notations,
references, data, district boundaries and other information thereon, is made a part
of these Freeway Commercial SPA Planned Community District Regulations and
adopted concurrently herewith.
2. Amendments to the Land Use Districts Map
Changes to the boundaries of the land use districts shall be made by Ordinance and
shall be reflected on the Freeway Commercial SPA Official Land Use Districts Map,
as provided in Section VI.C herein. Minor changes resulting on the basis of an
approval of a tentative or final map may be made to the Land Use Districts Map as
an administrative matter.
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E. Clarification of Ambiguity
If ambiguity arises concerning the proper classification of a particular land use within the
meaning and intent of this Ordinance, or if ambiguity exists with respect to height, setback
requirements, area requirements or land use district boundaries as set forth herein, it shall
be the duty of the Zoning Administrator to ascertain all pertinent facts concerning such
ambiguity and forward said findings and recommendations to the Planning Commission,
or on appeal, to the City Council. If approved by the Commission, or on appeal, by the City
Council, the established interpretation shall govern thereafter.
Should any provision of these regulations conflict with the regulations of the Municipal
Code, the requirements herein shall apply.
F. Effect of Regulations
The provisions of this Ordinance governing the use of land, buildings, structures, the size
of setbacks abutting buildings and structures, the height and bulk of buildings, standards
of performance, and other provisions are hereby declared to be in effect upon all land
included within the boundaries of each land use district established by this Ordinance.
G. Definitions of Terms
For the purposes of this ordinance, certain words, phrases, and terms used herein shall have
the meaning, assigned to them by Title 19 of the City of Chula Vista Municipal Code.
When consistent with the context, words used in the present tense include the future; words
in the singular number include the plural; and those in the plural number include the
singular. The word "shall" is mandatory; the word "may" is permissive.
Any aspect of land use regulation within the Freeway Commercial SPA not covered by
these district regulations or subsequent plan approvals, shall be regulated by the applicable
chapter of the CVMC.
The following specific definitions are provided for the Freeway Commercial SPA:
1. Floor Area Ratio (FAR): The total Floor Area of FC 1, divided by the total site
area in FC 1, excluding the enhancement buffer.
2. Major Regional Retail Facility: A retail complex serving the broader regional and
consisting of at least 500,000 square-feet of retail facilities.
3. Floor Area for Major Regional Retail Facility: The total floor area of buildings,
including customer sales, service, and storage areas, excluding covered or
screened delivery areas; transit shelters; kiosks; cart sales areas; building walls and
architectural projections; mechanical rooms; covered or screened refuge disposal
areas; covered patios; maintenance rooms; fire corridors; and sign structures.
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4. Enhancement Buffer (measurement): An area seventy-five feet from the curb line
of Eastlake Parkway and Birch Road, excluding therefrom: entry streets and
drives; acceleration and deceleration lanes; and the right-of-way for SR-125. The
buffer may be reduced to 30-feet along Olympic Parkway.
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II. LAND USE DISTRICTS MAP
This chapter consists of the Land Use Districts (Zoning) Map for Freeway Commercial SPA
included in a reduced form as Exhibit PC-1. The original Freeway Commercial SPA Official
Land Use Districts Map shall be kept on file with the City Clerk and shall constitute the original
record. A copy of said map shall also be filed with the City Planning Department.
A. District Boundaries
The land use district boundaries shown on the map coincide with proposed streets, alleys,
driveways, parking bays, or lot lines. Minor amendments to these boundaries resulting
from the relocation of a boundary street, alley, or lot line by the approval of a tentative or
final subdivision map shall be incorporated in the Land Use Districts Map as an
administrative matter.
EXHIBIT PC-1
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III. FREEWAY COMMERCIAL DISTRICT
A. Purpose
The Freeway Commercial SPA is designated with Freeway Commercial and Mixed-
Use/Residential Land Uses in the Otay Ranch GDP. Freeway Commercial is intended to
serve as the site for regional automobile-oriented commercial uses, complementing the
Eastern Urban Center (EUC), adjacent to the south, which is to serve as a more pedestrian-
oriented, mixed-use focal point for the Otay Ranch community. The SPA’s location
adjacent to the SR-125 freeway and surrounded by arterial roads, while also served by the
San Diego Association of Governments (SANDAG) transit line, allows it to provide a
unique mix of regionally oriented commercial uses. Two commercial land use districts,
Freeway Commercial (FC 1 and FC 2), are designated to accommodate these uses. A portion
of both planning areas have been designated to allow residential development.
Specifically, FC 2 is designated RM and R/MU while FC 1 is designated MU/R both permit
residential uses to provide walkable, transit-oriented housing opportunities.
The FC District is included in these PC District Regulations to achieve the following:
• To provide an area for retail stores and service establishments offering commodities
and services required by residents onsite and within surrounding communities and
the South County region.
• To provide an integrated mixture of walkable transit-served commercial and
residential uses.
• To provide appropriate development standards for retail commercial, residential,
and support facilities.
• To encourage retail and service commercial uses, and related support uses, to
concentrate for the convenience of the public and for a more mutually beneficial
relationship to each other.
• To provide adequate space to meet the needs of modern commercial activity,
including off- street parking and loading areas.
• To minimize traffic congestion and avoid overloading utilities by restricting
construction of buildings of excessive size in relation to the amount of land around
them.
• To promote high standards of site planning, architectural and landscape design for
developments which have a mix of commercial and residential uses within the city
of Chula Vista.
B. Permitted and Conditional Uses
The following uses shall be permitted where the symbol “P” appears and shall be permitted
subject to a Conditional Use Permit (CUP) where the symbol “C” appears. Uses where the
symbol “N” appears shall not be permitted. Note, the MU/R Residential is specific to the
FC 1 portion of the SPA and the R/MU Residential is specific to the FC 2 portion of the
SPA.
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PERMITTED USE MATRIX
FREEWAY COMMERCIAL DISTRICT
LAND USE1
ZONING DISTRICT
FC 1
Commercial
H
Hotel
RM
Residential
R/MU
Residential
C/M
Commercial
MU/R
Residential
Administrative and
professional services:
Business or professional
office
P P N N P P
Financial institution or office P P N N P P
Medical, dental & health
services and offices
(including laboratories)
P N N N N N
Real estate sales office P P P P P P
General commercial uses:
Antique shop (no outdoor
storage)
P P N N P P
Apparel store P P N N P P
Appliance store, including
repair (no outdoor storage)
P N N N N N
Arcade and electronic games
(subject to chapter 19.58
CVMC) 2
C P N N C N
Art, music or photographic
studio or supply store
P P N N P P
Athletic and health club P P N N P N
Automobile and/or truck
services and car wash
facilities (subject to chapter
19.58 CVMC)
C N N N N N
Bakery, retail P P N N P N
Barber and beauty shop P P N N P P
Bicycle shop, non-motorized P P N N P P
Printing and photocopy
services
P P N N P N
Books, gifts, and stationery
store
P P N N P P
Candy store or confectioner P P N N P P
Catering establishment P P N N N N
Cleaners P P N N P N
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LAND USE1
ZONING DISTRICT
FC 1
Commercial
H
Hotel
RM
Residential
R/MU
Residential
C/M
Commercial
MU/R
Residential
Cocktail lounge, bar, or
tavern, including related
entertainment
C C N N C N
Commercial recreation
facilities not otherwise listed
(subject to chapter 19.58
CVMC)
C C N N C N
Electronics store, including
sales and repair
P N N N N N
Equipment Rental (enclosed
in building)
P N N N N N
Fast food restaurants with
drive-in or drive-through
(subject to Chapter 19.58
CVMC)
N C N N N N
Food Trucks (Walk up
mobile food restaurant)
N N N N N P
Florist Shop P P N N P P
Food store – Specialty
Market (<40,000 square-feet)
P P N N P N
Drug store, pharmacy P C N N C N
Furniture, carpet, or home
furnishings store
P N N N N N
Gasoline service station
(subject to Chapter 19.58
CVMC)
C C N N C N
Hardware or home
improvement store
P N N N P N
Hobby shop P P N N P P
Hotel or motel (subject to
Chapter 19.58 CVMC)
P P N N P N
Jewelry store P P N N P N
Junior department or
department store, discount, or
membership department store
P N N N N N
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LAND USE1
ZONING DISTRICT
FC 1
Commercial
H
Hotel
RM
Residential
R/MU
Residential
C/M
Commercial
MU/R
Residential
Kiosk, including photo sales,
located in parking lot
P P N N P P
Kiosk, including photo sales,
located in plaza area
P P N N P P
Laundry (coin-operated) P P P P N P
Liquor store, package off-
sale
C N N N F N
Newspaper and magazine
store, including printing and
publishing
P P N N P N
Nursery or garden supply
store in enclosed area
P N N N P N
Office supplies/stationery
store
P N N N P P
Outdoor sales and display
(subject to Chapter 19.58
CVMC)
P N N N P P
Parking facilities,
commercial (subject to
Chapter 19.58 CVMC)
P N N N P N
Pet store, pet supplies and
services including grooming
(no boarding)
P N N N P N
Printing shop P P N N P N
Recycling collection center
(subject to Chapter 19.58
CVMC)
P N N N N
Restaurant serving alcoholic
beverages with live
entertainment or dancing
C C N N N C
Restaurant with cocktail
lounge or bar serving
alcoholic beverages
P P N N C P
Restaurant with incidental
serving of beer/wine but
without cocktail lounge, bar,
entertainment, or dancing
P P N N C P
Restaurant, coffee shop,
delicatessen
P P N N P P
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ZONING DISTRICT
LAND USE1 FC 1
Commercial
H
Hotel
RM
Residential
R/MU
Residential
C/M
Commercial
MU/R
Residential
Restaurant, drive-through P C N N N C
Retail, wholesale, including
membership stores and
manufacturer's outlets which
require extensive floor areas
for the storage and display of
merchandise, and the high
volume, warehouse-type sale
of goods and uses which are
related to and supportive of
existing on-site retail
distribution centers or
manufacturer's outlets
P N N N N N
Retail store or shop P P N N P P
Snack bar or refreshment
stand contained within a
building
P P N N P P
Stamp and/or coin shop P P N N P P
Stores, shops, and offices
supplying commodities or
performing services for the
residents of the city as a
whole or the surrounding
community such as
department stores, specialty
shops, banks, business
offices, and other financial
institutions and personal
service enterprises
P N N N P N
Swimming pool supply store P N N N N N
Television, stereo, radio
store, including sales and
repair
P N N N N N
Theater, movie, multiplex C N N N N N
Tire sales and service P N N N N N
Travel agency P N N N P P
Veterinary office and/or
animal hospital
C N N N N N
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ZONING DISTRICT
LAND USE1 FC 1
Commercial
H
Hotel
RM
Residential
R/MU
Residential
C/M
Commercial
MU/R
Residential
Public and Semi-Public Uses:
Assembly Uses N N N N N N
Day nursery, daycare school
or nursery school (for profit)
P P N N P P
Day nursery, daycare school
or nursery school (non-profit)
N P N N P P
Educational institution C C N N C N
Public utility and/or public
service sub-station, reservoir,
pumping plant and similar
installation
C C C C C C
Public Park NA P P P P P
Outdoor recreational
facilities, including but not
limited to tennis and swim
clubs, basketball, racquetball,
and handball courts
C C P P C P
Residential Uses:
Single Family Detached
Residential
N N N N N N
Multi-family Residential N N P P P P
Residential Care Facilities
and Housing for Seniors
N N N N N N
Temporary Uses:
Subject to the provisions of
Section VI. B
P P P P P P
Other Uses:
Unclassified uses (subject to
Chapter 19.54 CVMC)
C P C C C C
1 P = permitted use; C = conditional use permit; N = not permitted
2 Refer also to Section III-K-13, herein.
C. Accessory Uses and Buildings
Accessory uses and accessory buildings customarily appurtenant to a permitted use are
allowed subject to the requirements of Chapter 19.58 CVMC.
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Roof mounted satellite dishes shall be permitted as accessory structures subject to the
following standards or conditions:
• The dish shall be screened using appropriate matching architectural materials or
parapet walls;
• Dishes shall be of a neutral color, match the building, or as otherwise approved by
the Planning Director;
• A building permit shall be required; and,
• No advertising material shall be allowed on the satellite dish antenna. Satellite
dish antennae containing advertising material shall be considered signs.
D. Sign Regulations
No person, except a public officer or employee in performance of a public duty, shall post,
paint, erect, place or otherwise fasten any sign, pennant or notice of any kind, visible from
a public street except as provided herein. To ensure compliance with this section, a sign
permit shall be required for any sign, pursuant to Chapter 19.60.030 of the Chula Vista
Municipal Code, except as provided by the following. The following provisions that refer
to type, size and content of the sign are only guidelines, but shall not restrict any First
Amendment rights to speech.
1. Sign Permit Exceptions
The following signs shall be exempt from the sign permit requirements, however an
electrical and/or building permit may be required. Any signage in excess of the specific
exemptions listed below is prohibited:
a. Real Estate Kiosk Signs: Signs installed pursuant to a Real Estate Kiosk
Program sanctioned by the city of Chula Vista.
b. Political Signs: Signs having to do with any issue, ballot measure, political
statements and expressions, or candidate in any municipal, County, State or
Federal election shall be permitted.
• All political signs shall be placed, erected, constructed, painted, or
assembled no earlier than thirty calendar days prior to the election and
shall be removed no later than ten (10) calendar days following the date
of the election.
• A political sign shall not exceed five (5) square-feet in total area for one
side in a residential district, and twelve (12) square-feet in a commercial
district. Double- faced signs shall not exceed five (5) square-feet per side
in residential districts and twelve (12) square-feet per side in commercial
districts. No signs shall be placed in a manner that would obstruct the visibility
of, or impede pedestrian or vehicular traffic, or endanger the health, safety, or
welfare of the community.
• All political signs shall not exceed an overall height of six-feet (6’)
from the finished grade immediately around the sign.
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• No political sign shall be lighted either directly or indirectly unless said
sign is erected, painted, or constructed on an authorized structure already
providing illumination.
• No political sign shall be placed or affixed to a traffic signal, street light,
tree, fence, utility pole or existing sign, nor shall it be posted on any
public property or in the right-of-way if, in the opinion of the Zoning
Administrator, said sign impedes or renders dangerous public access to
any public improvement, including but not limited to, utility poles and
fire hydrants; or obstructs the vision of any sign designed to regulate,
control or assist public or private transportation or obstructs the vision
of any user of a public right-of-way.
• No political sign shall be posted in violation of any provisions of this
section. Further, the Zoning Administrator or his designated
representative shall have the right to remove all signs placed contrary to
the provisions of this section. Any political sign placed on private
property without the consent of the owner may be removed by said owner
or representative of said owner.
c. Temporary Subdivision Signage: Temporary billboards, directional signs and
staff-mounted flags are allowed in FC 2, as shown in Master Precise Plan
(MPP). Such signs shall be for the identification of a subdivision, price
information and the developer’s name, address, and telephone number.
Canvas signs, banners, advertising flags, and similar devices are permitted.
Flagpole height shall not exceed 21-feet in height.
Billboards shall not exceed 400 square-feet on each side. Directional signs shall
not to exceed 64 square-feet in total area for two (2) sides or 32 square-feet for
one (1) side and a total overall height of twelve-feet (12’) may be permitted on
each street frontage of each neighborhood.
Temporary signs installed in the City public right-of-way shall require an
encroachment permit from Land Development Department. There shall be no
visibility obstructions within fire feet from any driveway. Said signage shall be
allowed until the units within the subdivision are sold out, or a period of thirty-
six months, whichever comes first. Extensions of twelve (12) months may be
approved by the Development Services Director/Zoning Administrator prior to
the expiration date. Such signs shall be removed within thirty (30) calendar days
from the date of the final sale of the land and/or residences. Signs shall be
maintained in good repair.
d. Temporary Construction Sign: Two (2) directory signs shall be permitted on the
construction site for all contractors (may include financial institutions, real estate
agents, subcontractors, etc.) not exceeding thirty-two (32) square-feet each,
unless legally required by government contracts to be larger. No sign shall
exceed eight feet in overall height and shall be located no closer than ten-feet
(10’) to any property line. Such sign shall be removed upon the granting of
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occupancy by the City. For all other projects, a total of two (2) signs per
development site may be installed with a maximum of four (4) square-feet in area
and five-feet (5’) in height for each sign. Such sign(s) shall be removed upon
finalization of building permits.
e. Interior Signs: Signs within a structure or building when not visible or readable,
nor intended to be read from off-site or from outside of the structure or building.
f. Memorial Tablets, Plaques or Directional Signs: Signs for community historical
resources, installed by a City-recognized Historical Society or civic
organization.
g. Convenience and Secondary Directional Signs: Signs not to exceed four (4)
square-feet in area or ten-feet (10’) in height.
h. Official and Legal Notices: Notices issued by any court, public body, person,
or officer or in furtherance of any non-judicial process approved by State or
local law.
i. Signs Providing Direction, Warning, or Information: Signs or structures
required or authorized by law or by Federal, State, County or City authority.
j. A Single Official Flag: The flag of the United States of America and/or two
flags of either the State of California, or other states of the United States,
counties, municipalities or official flags for nations, and flags of internationally
or nationally recognized organizations or the company flag. Flags shall be a
maximum of five feet by eight feet, unless otherwise specifically approved on
a site plan
k. Signs of Public Utility Companies: Signs indicating danger, or which serve as
an aid to public safety, or which show locations of underground facilities or
public telephones.
l. Safety Signs: Safety signs on construction sites.
m. “No Trespassing”: “No dumping” and similar warning signs not exceeding four
square feet.
n. Signs on Public Transportation Vehicles: Signs regulated by a political
subdivision, including but not limited to buses and taxicabs.
o. Signs on Licensed Commercial Vehicles: Provided such vehicles are not used
or intended for use as portable signs or as may be prohibited in Section III.D.2.
p. A Change of Copy: Copy conforming to an approved Comprehensive Sign
Program. All other changes of copy shall comply with this section.
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2. Prohibited Signs and Lighting
All signs and lighting not expressly permitted are prohibited in all districts including,
but not limited to the following:
a. Roof signs.
b. Flashing lights or signs.
c. Animated signs or lights that convey the illusion of motion
d. Revolving or rotating signs
e. Vehicle signs (when parked or stored on property to identify a business or
advertise a product).
f. Portable signs (except where permitted by these regulations).
g. Off-site signs (except temporary subdivision or real estate signs).
h. Signs within the public right-of-way (except those required by a governmental
agency). No sign shall be placed, erected, or constructed on a utility pole, traffic
device, traffic sign, warning sign, or to impede access to any public
improvement.
i. Signs located on public property except as may be permitted by Section III.D.1.b
or required by a governmental agency.
j. Signs within the public right-of-way prohibited by the Streets and Highway Code
(Sec. 101 et. seq. and Sec. 1460 et. seq.), the Vehicle Code (Sec. 21400 et. seq.)
and the Public Utilities Code (Sec. 7538 et. seq.).
k. Signs blocking doors or fire escapes.
l. External light bulb strings and exposed neon tubing outside of buildings (except
for temporary uses such as Christmas tree lots, carnivals and similar events having
prior approval of the City).
m. Inflatable advertising devices of a temporary nature, including hot air balloons
(except for special events as provided for in Section V.B).
n. Advertising structures (except as otherwise permitted in this section).
o. Statuary (statues or sculptures) advertising products or logos of the business
located outside of the structure that houses the business.
p. The use of decals, stick-on or transfer letters, or tape on the walls or parapets of
buildings, fences, walls, and other structures.
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q. Signs which purport to be, are an imitation of, or resemble official traffic warning
devices or signs, that by color, location or lighting may confuse or disorient
vehicular or pedestrian traffic. This does not include traffic or directional signs
installed on private property to control on-site traffic.
3. Signs Permitted
The following signs may be placed with approval of a sign permit provided it is in
compliance with all other applicable laws and ordinances. These signs are subject to
the individual special provisions listed:
a. Convenience Signs: On-site signs no greater than six square feet necessary for
public convenience or safety may be approved by the Zoning Administrator.
Signs containing information such as “entrance,” “exit,” or directional arrows
shall be designed to be viewed from an area adjacent to the site by pedestrians
or motorists. Signs that convey advertising or products shall not be considered
a convenience sign.
b. Public and Quasi-Public Signs: Schools, community centers and any other
public or institutional building, shall be allowed the following signs:
• Public and quasi-public uses are permitted one (1) wall or monument
sign, not to exceed thirty (30) square-feet in area and a bulletin board or
announcement sign not to exceed fifty (50) square-feet in area and
twelve-feet (12’) in height. Any bulletin board or announcement sign
not attached flat against the building shall maintain a ten-foot (10’)
setback from the streets.
• Public and quasi-public uses may request a permit allowing for
temporary use of a sign announcing a special event. Either wall-
mounted, or freestanding signs of paper, cardboard, plastic, or fabric are
permitted; provided that the Zoning Administrator finds that the copy,
color, and design of the sign will not adversely affect the order, amenity,
or residential enjoyment of the neighborhood in which it is located.
• Special event signs shall be located on the premises of the institution
or organization having the special event and shall not exceed five-feet (5’)
in height, nor contain more than twenty-five (25) square-feet of sign area.
Freestanding signs shall maintain a minimum ten-foot (10’) setback
from any property line abutting a street right-of-way. Only one (1) sign
shall be allowed for each street frontage.
• Upon application for a permit, the applicant shall submit a statement
and diagram noting the nature of the special event, indicating the
occasion, size, copy and colors of the proposed sign. No less than one
permit for a special event sign shall be issued to any one institution or
organization in one calendar year subject to Chapter 19.60.290 CVMC.
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c. Community Special Event Signs: Special event signs may be approved for a
limited period as a means of publicizing special events such as grand openings,
Christmas tree lots, parades, rodeos, and fairs that are to take place within the
Freeway Commercial SPA. Community special events such as a rodeo or
community fair may be permitted the following signage:
• No more than four (4) off-site signs up to thirty-two (32) square feet in size
and eight feet in height to publicize the event.
• Temporary advertising signing consistent with the requirements set
forth in Section V.B.
d. Commercial Special Events: Events such as grand openings and painted
seasonal holiday window displays may be permitted the following signage:
• No more than four (4) signs, thirty-two (32) square-foot or smaller in
size, eight-feet (8’) in height, on-site, freestanding special event signs.
• All other on-site special event signs can be either wall and window
signs, flags, banners, and pennants. Inflatable advertising devices of a
temporary nature may be permitted. In no case shall any signage, flag,
pennant, inflatable device, or banner be placed above the roof line.
e. Comprehensive Sign Program: All signs approved in a comprehensive sign
program adopted as a component of a Design Review submittal and pursuant to
the FC 1 or FC 2 Design Plan or MPP, respectively, are permitted.
4. Signs Relating to Inoperative Activities
Signs pertaining to activities or businesses which are no longer in operation, except for
temporary closures for repairs, alteration, or similar situations, shall be removed from
the premises or the sign copy shall be removed within thirty (30) days after the premises
have been vacated. Any such sign not removed within the specified time shall
constitute a nuisance and shall be subject to removal under the provisions of this section
and local ordinance.
5. Enforcement, Legal Procedures, and Penalties
Enforcement, legal procedures, and penalties shall be in accordance with the
enforcement procedures established by Chapter 19.60 CVMC. Unauthorized illegal
signs may be abated by the City in accordance with local ordinance. If said sign is stored
by the City, the owner may recover said sign from the City upon payment to the City of
any storage and/or removal charges incurred by the City. The minimum charge shall be
no less than three dollars per sign. All signs removed by the City may be destroyed thirty
(30) calendar days following removal. If any sign, in the opinion of the Zoning
Administrator, is an immediate threat to the public health and safety, said sign shall be
immediately and summarily removed with the cost of removal charged to the property
owner in accordance with local ordinances.
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6. Construction and Maintenance
a. Construction
Every sign and all parts, portions and materials shall be manufactured,
assembled, and erected in compliance with all applicable State, Federal and City
regulations, and the Uniform Building Code.
b. Maintenance
Every sign and all parts, portions and materials shall be maintained and kept in
proper repair and safe structural condition at all times. The display surface of
all signs shall be kept clean, neatly painted, and free from rust and corrosion.
Any cracked or broken surfaces, and malfunctioning or damaged portions of a
sign shall be repaired or replaced. Noncompliance with such a request shall
constitute a nuisance and will be replaced within thirty (30) calendar days
following notification of the business by the City and will be abated.
7. Design Standards
Each sign shall be designed with the intent and purpose of complementing the
architectural style of the main building or buildings, or type of business on the site.
Signs located on institutional or community purpose sites, but in a predominantly
residential area, shall take into consideration compatibility with the residential area to
the extent possible.
a. Relationship to Buildings
Signs located upon a lot with only one main building housing the use which the
sign identifies shall be designed to be compatible with the predominant visual
elements of the building such as construction materials, color, or other design
details. Each sign located upon a lot with more than one main building, such
as a shopping center or other commercial or industrial area developed in
accordance with a common development plan, shall be designed to be
compatible with the predominant visual design elements common or similar in
all such buildings or the buildings occupied by the “main tenants” or principal
uses.
The Zoning Administrator may place conditions of approval on any sign permit
to require incorporation of such visual elements into the design of the sign where
such an element(s) is necessary to achieve a significant visual relationship
between the sign and building or buildings.
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b. Relationship to Other Signs
Where there is more than one (1) freestanding sign located upon a lot, all such
signs shall be complementary and consider the following five (5) design
elements:
• Type of construction material (such as cabinet, sign copy or supports).
• Letter style of sign copy.
• Type or method used for support, uprights or structure on which sign
is supported.
• Sign cabinet or other configuration of sign area.
• Shape of the entire sign and its several components.
8. Landscaping
Each freestanding sign shall be in a landscaped area which is of a shape, design, and size
(equal to at least the maximum allowable sign area) that will provide a compatible
setting and ground definition to the sign. The landscape area shall be maintained in a
neat, healthy, and thriving condition.
9. Illumination and Motion
Signs shall be stationary structures (in all components) and illumination, if any, shall
be maintained by artificial light which is always stationary and constant in intensity
and color (non-flashing).
10. Sign Copy
The name of the business, use, service and/or identifying logo shall be the dominant
message on the sign. The inclusion of advertising information such as lists of products
(more than one product), is prohibited.
11. Relationship to Streets
Signs shall be designed so as not to obstruct any pedestrian, bicyclist, or driver's view
of the street right-of-way.
12. Design Review and Approval
A signage plan including sign locations, size, style, materials, lettering size and style,
and any other information necessary to adequately review the proposal shall be
prepared and submitted for review and approval by the Zoning Administrator prior to
construction.
Off-site signs for Town Center in the Olympic Parkway corridor are permitted, but
require, in addition to a sign permit, consideration of required input from adjacent
property owners.
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E. Property Development Standards
The following property development standards apply to all land and buildings other than
accessory buildings authorized in the Freeway Commercial District. In FC 1, any legal lot
may be used as a building site, except no building permit shall be issued for any lot having
lot size less than 10,000 square-feet.
1. General Requirements
The standards in the following table are minimums unless otherwise stated. An
approved MPP, the contents of which are to be determined by the Zoning
Administrator, will be required for all areas within the Freeway Commercial SPA. The
respective MPP will establish specific design districts within FC 1 and FC 2 and may
limit the location of certain uses (e.g., fast food restaurants, auto repair, etc.). The
respective MPP shall be prepared in accordance with the Otay Ranch Freeway
Commercial SPA, the respective Design Plans, and adopted City standards.
a. Property Development Standards for Use Districts (FC 1 commercial and
Hotel)
Purpose: The provisions of this section shall apply to commercial and
residential uses within FC 1 commercial and Hotel sites.
b. Standards for Residential and Mixed-Use District
(1) PURPOSE
The provisions of this section shall apply to residential uses within the
RM District and mixed-use arrangement of commercial and residential
uses within the R/MU, C/MU, and MU/R Districts.
(2) COMMON USEABLE OPEN SPACE
Common usable open space (CUOS) shall be provided for all multi-
family developments. CUOS shall take the form of passive and active
recreation areas such as swimming pools, picnic areas, ball courts,
paseos, etc. These areas shall not be fragmented or consist of leftover
land, parking areas, areas dedicated exclusively for access or refuse
storage areas, and must be pedestrian linked and/or easily accessible to
most residents in the development. Driveways are not counted towards
open space unless they are enhanced as plazas and not used for parking.
Any portion of a lot which is relatively level (maximum five-percent
grade), developed for recreational or leisure use, and which contains 60
square-feet with no dimension less than six-feet (6’), shall be considered
open space.
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Where above standards cannot be met, up to one-third of the CUOS
requirement may be met through excess Private Open Space, as long as
the Private Open Space is equally distributed among all units.
TABLE A: COMMERCIAL PROPERTY DEVELOPMENT STANDARDS
STANDARD DIMENSION
FC 1 Commercial FC 2 H Hotel
Lot area, net sq. ft. (000's) 401 SP
Lot width (feet) 100 SP
Lot depth (feet) 100 SP
Front yard setback (feet to other FC zoned lot) SP SP
Side yard setback, each (feet to other FC zoned lot) SP SP
Rear yard setback (feet to other FC zoned lot) SP SP
Building setback from Olympic Parkway,
Eastlake Parkway and Birch Road (measured
from curb in feet) Note: Transit Structures, signs,
entry monuments, and pedestrian oriented
facilities are excluded.
75
30
Public Transit ROW setback (feet) SP SP
Internal vehicular travel-way setback (measured
from curb in feet)
10 10
Building height, maximum for main building (feet) DR 65
Building feature, maximum height (feet) DR 75
Lot coverage, maximum (% net lot area) SP SP
Landscaping, minimum (% net lot area) SP SP
1 Map for condominium development does not need to meet lot area requirement. Minimum lot area may be reduced to 10,000
square-feet for master planned building complexes with Design Review approval. Such plans shall be for a total area of no less
than 60,000 square-feet.
Note, Building Height limitations have been removed from FC 1 to increase architectural flexibility to achieve up to 840 dwellings.
(3) PRIVATE USABLE OPEN SPACE
In a high-density urban environment, the common space is what defines
the character of the neighborhood. As generously sized yards associated
with single-family development are not possible, the benefits of private
open space taking form of upstairs balconies and patios diminish in their
recreational, aesthetic, and environmental value. Private open space
areas in multi-family homes are frequently used for storage rather than for
enjoyment of their intended use due to their limited size. Expanding and
enhancing common usable open space becomes more beneficial to the
residents. High-quality recreational amenities and landscaped garden
areas serve for social gathering, active and passive recreation.
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TABLE B
RESIDENTIAL AND MIXED-USE DEVELOPMENT STANDARDS
(RM, R/MU, C/MU, AND MU/R)
STANDARD DIMENSION5
RM (RESIDENTIAL) R/MU
(MIXED-USE)
C/MU
(MIXED-USE)
MU/R
(MIXED-USE)
Lot Size DR DR DR DR
Lot width and
depth
DR DR DR DR
Setbacks
(front, rear, and
side yards)
DR DR DR DR
Architectural feature projections such as awnings, building massing projections, cantilevers,
bay windows, patio/balcony pop-outs, and other similar features are permitted to project into
a required front or rear setback for a distance not to exceed two feet, provided any adopted
Building Code requirement for separation of structures is maintained.
FAR
(Floor Area Ratio)
N/A N/A N/A N/A
Building Height1 50’ 75’ 1 75’ 1 DR
Lot coverage
(maximum %)
DR DR DR DR
Landscaping
(minimum %)
DR DR DR DR
Parking required3 Refer to Table B. Refer to Table C,
Mixed Use.
Refer to Table C,
Mixed Use.
Refer to Table C,
Mixed Use.
Common Useable
Open Space4 N/A
200 sq. ft. per unit 4 Where above
standards cannot be met, up to
one-third of the Common
Useable Open Space requirement
may be met through excess
Private Open Space, as long as
the Private Open Space is equally
distributed among all units.
200 sq. ft. per
unit.
N/A 200 sq. ft. per
unit.
Private Useable
Open Space
(Minimum square
feet per unit)2
Studios, 1-bedroom, and units
above first story: 60 sq. ft.
Ground floor units: 80 sq. ft. for
2-bedroom units 100 sq. ft. for 3-
bedroom units Where above
standards cannot be met,
amenitized common open space
will be provided instead at a 2:1
ratio. Note: No dimension of
usable private open space shall be
less than 6-feet.
60 sq. ft. per
unit.
N/A 60 sq. ft. per
unit.
DR= Determined by Design Review approval; NA = Not Applicable
1 Building features may exceed maximum building height with Design Review approval
2 May be modified subject to Design Review approval.
3 Requirements for bicycles parking shall be determined during the Design Review process.
4 Exceptions and alternatives that meet the intent may be approved during Design Review. Excludes driveways, drive aisles, si dewalks and walkways that
serve only as access to the units, unless they are part of a paseo or larger enhanced common useable area. Enhanced motorcourts designated as “No Parking”
can count towards Open Space.
5. Dimensions approved on a Master Precise Plan shall establish the dimension requirements for Design Review.
Note, Building Height limitations have been removed from FC 1 to increase architectural flexibility to achieve up to 840 dwellings.
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The project will meet its open space requirement through a combination
of private balconies, terraces, porches, and common usable open space
to satisfy open space needs for residents. Private usable open space
(PUOS) shall be provided for all multi-family residential dwelling units.
PUOS shall take the form of yard area, porches, decks, patios, terraces,
and balconies. If intended to satisfy the PUOS requirements, PUOS
areas shall meet the Residential Development Standards in Table D
above. Where minimum requirement for individual units cannot be met
per the above allowances, the project shall provide two (2) times the
required PUOS area as highly-quality Common Useable Open Space to
satisfy their PUOS requirement. Amenities may include community
gardens, sports courts, dog park, lounge areas, and cabanas.
Modifications may be allowed subject to approval by the Director of
Development Services Department.
2. Additional Requirements:
a. Conveniently located common laundry facilities shall be provided for units which
do not have individual hook-ups.
b. Conveniently located and well screened enclosures for trash and recyclables shall
be provided consistent with the City of Chula Vista’s solid waste and recycling
guidelines.
c. Mailbox kiosks shall be conveniently located throughout the complex.
d. Units may be approved for either rental, condominium ownership, or fee simple,
subject to the applicable City of Chula Vista regulations.
e. Masonry walls shall be constructed where required for noise attenuation.
f. Recreational vehicle parking areas shall be provided fully screened unless parking
of recreational vehicles on-site is specifically prohibited.
3. Special Requirements
a. Ownership: Boundaries for several requirements are based on ownership
boundaries as of the adoption of this SPA Plan. In the event that these boundaries
are adjusted, the Zoning Administrator shall adjust the requirement to the new
ownership boundary if determined to be in substantial conformance to the adopted
plan.
b. The Enhancement Buffers, as depicted on the Land Use Districts Map (Exhibit PC-
1), identifies an enhancement area of 30 to 75-feet back from the adjacent curb. No
buildings greater than 25,000 square-feet may encroach into this buffer zone.
Buildings less than 25,000 square-feet may only encroach where it can be clearly
demonstrated that encroachment improves pedestrian orientation, provides
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pedestrian oriented amenities, and does not negatively impact the streetscape.
Parking areas, drive aisles, driveways, seating areas, and patios may encroach,
subject to Design Review approval, providing parking is screened and the
encroachment is for a limited distance as opposed to a continuous encroachment.
Transit lanes and station facilities may be located within the buffer zone.
c. Design Review and Site Plan and Architectural approval shall be required for all
uses within the Freeway Commercial Districts. Site plans and architectural designs
shall comply with the provisions of the respective Freeway Commercial Design
Plan. Submittals shall, at a minimum, include an entire Design Review Area as
shown on Exhibit PC-2 and contain the information required per Chapter III Design
Review Process of the Design Plan. As an alternative to preparing detailed plans
for an entire Design Review Area, a Precise Plan may be approved for the entire area
and implemented through phased Design Review approvals. The subsequent
phases shall be reviewed for consistency with the Precise Plan. Public notice to
property owners within 500-feet of the project shall be provided for all reviews
requiring public hearings.
The area on Exhibit PC 2 designated as “Orange” is primarily intended for hotels.
The area designated as “Red” is primarily intended for mixed-use, with multi-
family and commercial uses. The areas designated “Yellow” is primarily intended
for multi-family residential uses, including a centrally located urban park ”Blue”.
These areas are located with FC 2 and shall be developed in phases based on an
overall MPP for the North Portion, which will satisfy many of the components of
the required Design Review requirements.
The area on Exhibit PC 2 designated as the “Green” Planning Area is the South
Portion of the Freeway Commercial and shall be developed based on the MPP for the
South Portion which will satisfy many of the components of the required of the South
Portion Design Review Plan.
1. Initial Master Plan Level: This will be subject to Design Review of the
regional retail facility on an overall basis, including the site plan and
arrangement of buildings and parking areas. At this level an overall signing
program, landscape design, and architectural standards shall be established.
The Design Review Committee shall review and approve the project at this
level.
2. Major Buildings Design Review. This will include the Design Review of
any single building (user) more than 20,000 square-feet. The Design
Review Committee shall review and approve all major buildings at this
level.
3. Design Review for individual free-standing buildings (<20,000 square-
feet), The Zoning Administrator shall review and approve the
Administrative Design Review at this level.
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4. Individual tenant store fronts, specific signs requiring a sign permit, or other
similar improvements shall be reviewed and approved by the Zoning
Administrator during the building permit process.
EXHIBIT PC-2
F. Parking And Loading Facilities
These regulations are for the purpose of providing convenient on- and off-street parking
space for vehicles. The parking requirements of this section are to be considered as the
minimum necessary for such uses permitted by the respective zone. All parking lots shall
be subject to the requirements of the City of Chula Vista Storm Water Manual, dated
January 2011.
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The intent of these regulations is to provide adequately designed parking areas with
sufficient capacity and adequate circulation to minimize traffic congestion and promote
public safety. It shall be the responsibility of the developer, owner, or operator of the
specific use to provide and maintain adequate off-street parking.
1. Size and Access Requirements
The following property development standards shall apply to all parking areas:
a. General Requirements
The following are minimums unless otherwise stated:
1) Automobile:
Standard:
Uncovered: 9-feet by 19-feet each space
Covered in a garage: 9-feet by 19-feet for single-car garage; 18-feet by
20-feet for side-by-side two-car garage; and 10-feet
by 39-feet for tandem two-car garage
Size and configuration of automobile parking spaces shall, as a minimum,
comply with the City of Chula Vista’s adopted parking table (PL-30)
which establishes stall sizes relative to parking angle and aisle width.
2) Motorcycle Space: 4-feet by 8-feet each space
3) Bicycle Space: 2-feet by 6 feet each space or as provided in a
manufactured storage rack/device
4) Motorized Cart Space: 4-feet by 6-feet each space; may also use
automobile spaces
• Automobile, handicapped, motorized cart, motorcycle, and bicycle
spaces: All parking stalls and maneuvering areas shall be paved and
permanently maintained with asphalt, concrete or any other all-
weather surfacing approved by the Zoning Administrator and subject
to current City standards. All parking facilities shall be graded and
drained to provide for the disposal of all surface water on the site,
except as may be deemed preferable to satisfy NPDES requirements.
Off-street parking areas for more than three (3) vehicles shall be
provided with a concrete curb not less than six inches in height to
confine vehicles to the parking area.
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5) Striping and Identification
a) Automobile: All parking stalls shall be clearly outlined with lines
on the surface of the parking facility.
b) Handicapped: All handicapped spaces shall be striped and marked
according to the applicable State standards.
c) Motorcycle: All motorcycle spaces shall have bollards installed and
appropriately spaced to prevent automobile usage of the motorcycle
area. Motorcycle spaces shall be marked so that they can be clearly
identified for motorcycle use.
d) Bicycle: All bicycle parking facilities shall be clearly visible.
6) Storm Water Management:
Parking lots of 5,000 square-feet or more or containing 15 or more
parking spaces, and potentially exposed to urban runoff, shall comply
with the City of Chula Vista Urban Storm Water Mitigation Plans
(SUSMPs).
b. Access and Driveways
1) No parking area may be located so as to require or encourage the backing
of automobiles or other vehicles across any street lot line, to effect egress
from the places of parking.
2) Driveways for parking areas shall be a minimum of 15-feet wide for one-
way traffic and 24-feet wide for two-way traffic. The minimum vertical
clearance shall be ten-feet (10’) to allow for the passage of emergency
vehicles, based on minimum standards administered by the Director of
Engineering.
3) All aisles and turning areas shall be adequate to provide safe and efficient
access to and from parking spaces, based on minimum standards
administered by the city traffic engineer.
c. Special Requirements
1) Shared parking may be permitted pursuant to the following criteria:
a) The applicant shall show that there is no substantial conflict in the
principal operating hours of the buildings or uses for which the shared
parking is proposed.
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b) Parties involved in the shared use of a parking facility or facilities
shall evidence agreement for such shared use by a proper legal
instrument approved by the City Attorney as to form and content.
c) Any shared parking facility shall be provided with adequate signs on
the premises indicating the availability of that facility for patrons of
the participating uses.
2) All shopping cart storage areas shall be screened from public view from the
parking lot areas and public streets.
2. Number of Spaces Required for Designated Land Use
a. The number of parking spaces required shall be as set forth in the table below.
TABLE C: PARKING REQUIREMENTS
LAND USE MINIMUM OFF-STREET PARKING
REQUIRED*
Commercial (FC 1 and Hotel)
Administrative & professional services
offices
1 space/300 square-feet of gross floor area; minimum
4 spaces
Appliance, furniture, home furnishings store 1 space/600 square-feet of gross floor area
Auto or truck sales 1 space/10 car storage/display spaces
Bowling alley or billiard hall 5 spaces/alley plus 2 for each billiard table plus
required parking of any other uses on the site
Eating & drinking establishment (non-fast
food)
1 space/each 2½ seats or 1 space/50 square-feet of
seating area where there are no fixed seats
Fast food restaurant w/ drive-in or drive
through
1 space/each 7 seats plus 1 space per employee,
minimum 15 spaces and on-site queue line for at least
8 vehicles when drive through is included
Gasoline dispensing and/or automotive
services stations
2 spaces plus 4 for each service bay
Hotel or motel 1 space per room
Medical, dental, or veterinary office or clinic 1 space/200 square-feet of gross floor area; minimum
5 spaces
Theater, movie 1 space/3½ seats
Shopping Center and General Commercial,
not otherwise listed
1 space/200 square-feet of gross floor area (5:1000
square-feet) Max. 10% of square-feet may be
restaurants on this basis.
Major Regional Retail Facility (>500,000
square feet)
4.5 spaces per 1,000 square-feet as an overall blended
total for all uses (including shared park & ride spaces).
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TABLE C- CONTINUED
Public and Semi-public Uses
Day nurseries, daycare schools, nursery
schools
1 space/staff member plus 2 spaces/5 children or 1
space/10 children if adequate drop-off facilities are
provided. Drop-off facilities must be designed to
accommodate a continuous flow of passenger vehicles
to safety load and unload children. The adequacy of
proposed drop-off facilities shall be determined by the
Zoning Administrator.
College or vocational school 1 space/2 faculty member or employee plus 1 space/3
students
Place of public assembly 1 space/3½ seats within the main auditorium or 1
space/45 square-feet of gross floor area within the
main auditorium where there are no fixed seats
Public utilities, civic uses To be determined by the Zoning Administrator
West Residential
RM 2 assigned covered spaces/unit plus minimum 0.33 guest
spaces/unit. Tandem garage spaces are permitted. A two-car
tandem garage will count as 1.75 parking spaces. The
remaining 0.25 spaces will be provided as common
unassigned parking.
Senior, Congregate Care, or Affordable
Housing
To be determined by Design Review. Tandem spaces are
permitted. Parking requirements may be reduced for
developments restricted to Affordable and Senior Citizens at
the discretion of the Planning Commission through a
Conditional Use Permit procedure.
Mixed-Use**
R/MU
Studio units: 1.0 spaces/unit
1-bedroom units: 1.5 spaces/unit
2-bedroom units: 2.0 spaces/unit
3-bedroom units: 2.25 spaces/unit
Guest parking ratio of 0.33 is included in above ratios.
Affordable Housing units: 0.5 spaces/unit, per state
standard
MU/R Studio units: 1.0 spaces/unit
1-bedroom units: 1.25 spaces/unit
2-bedroom units: 1.5 spaces/unit
3-bedroom units: 2.0 spaces/unit
Guest parking ratio of 0.25 is included in above ratios.
Affordable Housing units: 0.5 spaces/unit, per state
standard
C/MU 4 spaces per 1,000 square-feet
* Parking on Town Center Drive shall not be used to satisfy residential parking requirements.
** Parking on Town Center Drive may be used to satisfy the Commercial component of Mixed -Use/Residential parking requirements.
Note, the residential parking rates for the R/MU and MU/R areas were reduced based upon proximity to the Transit system,
including BRT, employment, and commercial facilities.
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b. Handicapped Parking Requirements
1) Handicapped parking for residential uses shall be provided at the rate of one
space for each dwelling unit that is designated for occupancy by handicapped
persons.
2) Handicapped parking spaces for all uses, other than residential, shall be
provided at the following rate:
TABLE D: REQUIRED HANDICAPPED PARKING
NUMBER OF
AUTOMOBILE SPACES
PROVIDED
NUMBER OF HANDICAPPED
SPACES REQUIRED
1 – 25 1
26 – 50 2
51 – 75 3
76 – 100 4
101 – 150 5
151 – 200 6
201 – 300 7
301 – 400 8
401 – 500 9
501 – 1000 2% of Total Spaces
Over 1000 20 plus 1 space for every 100 spaces
(or fraction thereof) over 1001
Handicapped parking spaces required by this section shall count
toward fulfilling off-street automobile parking requirements.
c. Bicycle Parking Requirements
Commercial uses are required to install bicycle parking facilities providing a
minimum of four bicycle parking spaces per tenant/user greater than 25,000 square-
feet. Bicycle parking facilities shall be stationary storage racks or devices designed
to secure the frame and wheel of the bicycle. Bicycle parking facilities shall be
distributed throughout the commercial center and located in proximity to the
entrance of each commercial use requiring provision of the facility.
Commercial uses in the FC 2 that are specifically related to bicycle sales and repair
should consider providing changing rooms and showers.
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d. Motorcycle Parking Requirements
Motorcycle parking areas shall be provided for all uses at the following rate:
• Uses with 25 to 100 automobile parking spaces shall provide one designated
area for use by motorcycles (minimum two spaces).
• Uses with more than 100 automobile parking spaces shall provide
motorcycle parking areas at the rate of one motorcycle parking area
(minimum two spaces) for every 100 automobile parking spaces provided.
e. Fuel Efficient Vehicle Parking Requirements
Parking spaces for electric vehicles, if provided, shall satisfy the amount of
conventional parking space requirements. The project shall meet all City of
Chula Vista requirements for electric vehicle parking.
f. On-Street Parking
On-street parking may be permitted on the internal streets and drives, subject to
approval by the City Engineer. Any approved on-street parking may be applied to
meet the parking requirements for adjacent uses. The assignment of specific spaces
to individual buildings/uses shall be made in the Design Review approval, or as
specified on an approved the MPP.
On-street parking restrictions, enforcement, and provisions for dual-use spaces
shall be under the control of the home or businessowners association for the mixed-
use areas.
3. Loading Facilities
a. Adequate loading area shall be provided for each building and/or user such that
loading operations do not interfere with public access and circulation. If feasible,
separate access and circulation routes shall be provided for loading and service
areas.
b. Loading and service areas shall be located to the rear of buildings to minimize
visibility from rights-of-way, circulation conflicts and adverse noise impacts,
unless specifically approved in Design Review. Any loading and/or service area
which would be visible from Olympic Parkway, Eastlake Parkway or Birch Road
shall be adequately screened to maintain the streetscape appearance.
c. Loading facilities shall be adequately screened from adjacent land uses along the
boundary of FC 1 and FC 2 by walls and covered trellises.
d. Loading/unloading facilities shall implement Best Management Practices (BMPs)
to prevent pollution of the storm drainage systems. Storm drain inlets shall not be
located near the loading/unloading areas.
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4. General Provisions
a. Parking facilities, for both motor vehicles and bicycles, shall be provided for any
new building constructed; for any new use established; for any addition or
enlargement of an existing building or use; and for any change in the occupancy of
an existing building.
b. For additions or enlargement of any existing building or use, or any change of
occupancy or manner of operation that would increase the number of parking
spaces required, the additional parking spaces shall be required only for such
addition, enlargement, or change, not for the entire building or use, unless required
as a condition of approval of a CUP.
c. The required parking facilities needed for any development shall be located on the
same site or, if an irrevocable access and/or parking easement is obtained, the
parking may be on an adjacent site. Property within the ultimate right-of-way of a
Commercial Promenade Street may be used, to the extent available, and subject to
sight distance criteria per City standards, to provide required on-site parking or
loading/unloading facilities so long as at least one stall is provided on site.
d. All required off-street parking spaces shall be designed, located, constructed, and
maintained to be fully usable during workday periods or as needed using the
premises. Temporary uses for which a temporary use permit has been secured may
utilize parking areas as allowed by the temporary use permit.
e. Where the application of these schedules results in a fractional parking space, the
fraction shall be rounded to the higher whole number.
f. The parking requirement for uses not specifically listed in the matrix shall be
determined by the approval body for the proposed use based on requirements for
similar uses, and on any traffic engineering and planning data that is appropriate to the
establishment of a minimum requirement.
g. In situations where a combination of uses are developed on a site, parking shall be
provided for each of the uses on the site according to the schedule given in this
section.
h. Parking areas shall be separated from buildings by landscaping, bollards, and/or a
raised concrete walkway. Parking lots shall be designed so that pedestrians will
generally walk parallel to the flow of vehicles when approaching the adjacent
building.
i. All parking facilities required by this section shall be maintained in good operating
condition for the duration of the use requiring such facilities. Such facilities shall
be used exclusively for the parking of vehicles. Parking facilities shall not be used
for the storage of merchandise, or, for the storage or repair of vehicles or equipment.
Parking facilities shall not be used for the sale of merchandise, except on a
temporary basis, pursuant to Section V.B Temporary Uses.
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j. A maximum of five drive-through facilities for fast food restaurants are permitted
within the Freeway Commercial SPA.
5. Parking Screening Requirements
Off-street parking areas for more than five (5) vehicles, adjacent to a public street, shall
be effectively screened by a ten-foot (10’) wide landscaped strip. The requirements
specified herein may be eliminated in whole or in part where, in the opinion of the
zoning administrator, such requirements are not necessary for the proper protection of
abutting property because of substantial grade differentials, the existence of adequate
walls or other equally valid reasons.
6. Parking Area Landscaping
a. Parking areas shall be landscaped in accordance with the City’s Landscape Manual
and the respective Freeway Commercial SPA Design Plan (Section II.A.4).
b. Any unused space resulting from the design of the parking area shall be used for
landscaping purposes, if determined to be of appropriate size and location. Refer to
the respective Freeway Commercial SPA Design Plan (Section II.C.6) for
additional guidelines relating to parking lot landscaping.
c. All landscaped parking lot islands shall have a minimum inside dimension
(landscaped area) of three-feet (3’) and shall contain a twelve-inch (12”) wide walk
adjacent to the parking stall and be separated from vehicular areas by a six-inch
(6”) high, six-inch (6”) wide concrete curbing.
d. All landscaped areas shall be irrigated automatically with reclaimed water and kept
in a healthy and thriving condition free from weeds, debris, and trash.
7. Parking Area Lighting
All parking facilities shall have lighting in accordance with City of Chula Vista
standards. The lighting shall be designed and installed with cut-offs to confine direct
rays to the site. Parking lot light standards shall be a maximum height of 35-feet from
the finished grade of the parking surface in the major parking fields and directed away
from the property lines. Light standards in pedestrian-oriented areas shall not exceed
12-feet in height.
G. Outdoor Storage And Sales Areas
Except where otherwise approved on a site plan, outdoor storage areas shall be entirely
enclosed by solid walls not less than six-feet (6’) in height to adequately screen outdoor
storage areas. Stored materials shall not be visible above the required walls.
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Permanent outdoor sales areas shall be screened to improve site aesthetics when viewed
from a distance, but the screening materials need not be solid or opaque. Filtered, close-
range views of the materials for sale are allowed. Screening materials and design shall be
consistent and integrated with the design and materials of the adjacent commercial building.
H. Trash Storage And Recycling Facilities
1. Commercial:
a. All developments shall provide areas for trash storage. These areas shall be
enclosed within a minimum five-foot (5’) high masonry wall, or higher if deemed
necessary in site plan approval, to adequately screen the trash area, built to
standards adopted by the City for a freestanding wall and shall be designed to
accommodate the trash containers used by the trash service company contracted
with the City. Recycling facilities, including compactors and similar equipment,
shall be located adjacent to trash storage areas, and similarly screened from view.
Recycling facilities shall be designed to meet best management practices and
current available technologies.
b. The number of containers required shall be not less than required by the sanitary
service operator on the site and a specified number by the zoning administrator for
all commercial or other uses as determined by the actual use.
c. Trash areas shall be kept neat and clean. Storage enclosures or containers for
recyclables shall be designed to protect stored materials from the elements or
spilling.
d. The location of any trash area(s) shall be approved on the Design Review site plan
and not block circulation during loading operations.
e. The trash and recycling facilities enclosure shall be permanently maintained.
f. Trash storage areas and recycling facilities shall be located away from storm drain
inlets and be covered, bermed, or otherwise protected to prevent rainwater from
reaching stored materials and/or the flow of polluted water from such materials onto
paved areas and into storm drains.
2. Residential
Residential projects will comply with the Recycling and Solid Waste Standards for
central collection bin services or accommodate the storage and curbside pick-up of
individual trash, and recycling containers (2 total), as approved for a small-quantity
generator, to the satisfaction of the Director of Public Works and the Waste
Management Manager.
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I. Wall Requirements
There shall be no zoning wall requirement for development within the Freeway
Commercial SPA. Any walls deemed necessary shall be approved as part of the MPP and
shown on the Design Review submittal.
J. Landscaping
Required landscaping shall be identified on the approved site plan. Said landscaping shall
consist predominantly of plant materials except for necessary walks and drives. All
planting and irrigation shall be in accordance with the City Landscape Manual. All
required landscaping shall be permanently maintained in a healthy and thriving condition,
free from weeds, trash, and debris.
K. Performance Standards
1. The noise level emanating from any commercial use or operation shall not exceed the
standards established in the Chula Vista Municipal Code.
2. All ground mounted mechanical equipment, including heating and air conditioning
units, backflow prevention devices, and trash receptacle areas, shall be completely
screened from public view and surrounding properties by use of a wall or fence, or shall
be enclosed within a building. No material or equipment so screened shall have a height
greater than that of the enclosing wall, fence or building. Structural and design plans
for any screening required under the provisions of this section shall be approved by the
Director of Development Services as part of the Design Review process.
3. All roof appurtenances including, but not limited to, air conditioning units, and
mechanical equipment shall be shielded and architecturally screened from view from
on-site parking areas, internal circulation routes and adjacent public streets.
4. Reciprocal ingress and egress, circulation and parking arrangement shall be required to
facilitate the ease of vehicular movement between adjoining properties. Provisions
shall be integrated into the circulation design to permit the Freeway Commercial
districts to function as an integrated commercial center.
5. All light sources shall be shielded in such a manner that the light is directed away from
streets or adjoining properties. Safety and security lighting may be placed a maximum
of 35-feet above grade. Illuminators should be integrated within the architecture of the
building. Lighting plans shall be submitted and approved as a part of the Design
Review process.
6. All utility connections shall be designed to coordinate with the architectural elements
of the site so as not to be exposed to public view except where required by utility
provider. Pad mounted transformers and/or meter box locations shall be included in
the site plan with an appropriate screening treatment such as berms, walls and/or
landscaping.
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7. There shall be no emission on any site, for more than one minute in any hour, of air
contaminants which, at the emission point or within a reasonable distance of the
emission point, are as dark or darker in shade as that designated as No. 1 on the
Ringelman Chart as published by the United States Bureau of Mines Information
Circular #7718.
8. No use shall be permitted which creates an offensive odor, in such quantities as to be
readily detectable beyond the boundaries of the lot on which it was created, except the
normal odors coming from restaurants and cooking establishments.
9. Buildings should be located on the site to provide adjacent buildings adequate sunlight
for solar access when practical. Buildings should be designed to minimize energy
consumption, including but not necessarily limited to the following conservation
measures:
• Co-generation
• Windows placement
• Shading for windows
• Deciduous shade trees on southerly or westerly orientations
• Dual glazing and improved insulation
• Energy efficient lighting
• Recycling
10. Automobile service, washing and rental facilities shall have designated areas for
washing and detailing vehicles which are equipped with water recycling units, shall
drain to the sanitary sewer system, or use other measures deemed appropriate by the
Zoning Administrator.
11. All food preparation facilities shall have grease traps on their sanitary sewer
connections and have designated areas for washing floor mats, or mops which drain to
the sanitary sewer system.
12. Nurseries and garden supply stores/areas shall implement BMPs to prevent flow or
polluted rainwater or irrigation water into the storm drainage system. Typical pollution
from such areas includes sediments, fertilizers, pesticides, and herbicides.
13. Arcade and Electronic games facilities shall be designed and operated in a manner that
discourages illegal activities and truancy.
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L. Park and Ride Facilities:
The required 200 Park and Ride spaces within the Major Regional Retail Facility may
use shared parking standards, without an increase in parking spaces otherwise required,
providing the parking area is identified by signing as available for Park and Ride use
from the hours of 6:00 AM to 6:00 PM and available for general use after 6:00 PM.
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IV. SPECIAL USES AND CONDITIONS
A. Purpose
This section provides additional regulation for special uses and conditions which require
special review standards beyond those of the basic land use districts. Temporary uses and
recreation amusement facilities are addressed in this section. Where this section prescribes
regulation, which is more restrictive than that of the Land Use District, the provisions of this
section shall apply.
B. Temporary Uses And Special Events
1. Purpose
The provisions of this section shall apply to uses allowed for a limited amount of time,
as specified herein. Temporary uses are subject to administrative approval by the
Zoning Administrator, except as noted.
2. Temporary Uses Listed
a. Circuses, rodeos, parades or similar outdoor entertainment or enterprises,
subject to not more than five days of operation in any calendar year. Requests
exceeding these time limitations will require a CUP.
b. Christmas tree sales, Halloween pumpkin sales and other holiday sales subject
to not more than 40-days of site occupation and operation in any calendar year.
c. Outdoor art and craft shows, and exhibits, subject to not more than three
calendar days of operation or exhibition in any 60-calendar day period.
d. Contractors' offices and storage yards on the site of an active construction
project.
e. Mobile home residences for security purposes on the site of an active
construction project.
f. Charitable or school sponsored drop-off bins for recycling of cans, newspapers,
or similar items, or for drop-off of clothes and small items. Bins shall be in the
parking lots of businesses or other public or semi-public property on a
temporary basis when written permission is granted by the property owner or
business owner. Said bins shall be kept in a neat and orderly manner. Collection
of bottles, cans and newspapers shall also be regulated by Chapter 19.58.345
CVMC.
g. Temporary tract signs for marketing purposes.
h. Additional uses determined to be similar to the foregoing in the manner prescribed
by these regulations.
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3. Permits and Bonds
All temporary uses shall be subject to the issuance of a Temporary Use Permit by the
Zoning Administrator and other necessary permits and licenses, including but not
limited to, building permits, sign permits and solicitors or vending licenses. In the
issuance of such a permit, the Zoning Administrator shall indicate the permitted hours
of operation and any other conditions, such as walls, fences, or lighting, which are
deemed necessary to reduce possible detrimental effects to surrounding developments
and to protect the public health, safety, and welfare. Prior to the issuance of a permit
for a temporary use, a cash deposit may be required to be deposited with the City. This
cash deposit shall be used to defray the costs of property cleanup by the City in the event
the permittee fails to do same.
4. Extension or Modification of Limits
Upon written application, the Zoning Administrator may extend the time within which
temporary uses may be operated or may modify the limitations under which such uses
may be conducted if the Zoning Administrator determines that such extension or
modification is in accord with the purposes of the zoning regulations.
5. Condition of Site Following Temporary Use
Each site occupied by a temporary use shall be left free of debris, litter, or any other
evidence of the temporary use upon completion or removal of the use and shall
thereafter be used only in accord with the provisions of the zoning regulations.
6. Fee
The application shall be accompanied by a fee established by the Master Fee Schedule
to cover the cost of processing the application prescribed in this section.
C. Recreational Facilities
Construction of recreation courts, including necessary fencing and lighting, maybe permitted
subject to administrative review and a finding that adjacent properties will not be unduly
affected. Recreation courts shall meet the following minimum standards:
1. A maximum 20-foot-high fence (measured from the finished grade of the court)
shall be allowed. Fences shall include a screening material which screens the court
activity from off-site view and which improves the appearance of the fence.
2. Setbacks for the court shall be:
Side yard: 10-feet (10’);
Rear yard: 10-feet (10’)
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3. Maximum of eight (8) lights permitted, mounted at a height not to exceed twenty-
two feet. All lights and light fixtures shall be certified by a qualified lighting
engineer to:
a. Be designed, constructed, mounted and maintained such that, the light
source is cut off when viewed from any point five-feet (5’) above the ground
measured at the lot-line.
b. Be designed, constructed, mounted, and maintained such that the maximum
illumination intensity measured at the wall of any residential building on
abutting property shall not exceed ½-foot candle above ambient levels.
c. Be used between 7:00 a.m. and 10:00 p.m.
4. The surface area of any recreational court shall be designed, painted, colored and/or
textured to reduce the reflection from any light incident thereon.
5. Landscaping shall be installed as required between the fence and the property line.
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V. LEGISLATIVE PROCEDURES
A. Purpose
Zoning is a legislative act involving police power asserted in the interests of the public
health, safety, and general welfare. These PC District Regulations are adopted to provide
zoning for the Freeway Commercial SPA South Portion of the Otay Ranch Planned
Community.
B. Adoption of Planned Community District Regulations
These PC District Regulations are adopted pursuant to Title 19, Zoning, of the Chula Vista
Municipal Code and are intended to implement and integrate the Chula Vista General Plan,
the Otay Ranch GDP, and the Freeway Commercial SPA Plan. The SPA is zoned PC
Planned Community pursuant to the adoption of the Otay Ranch GDP and Chapter 19.48
CVMC. These regulations provide for the implementation of the Otay Ranch GDP and PC
zone by setting forth the development and use standards for all property within Freeway
Commercial SPA South Portion PC District.
These PC District Regulations, along with the Freeway Commercial SPA South Portion,
precisely delineate the allowable use of the property.
C. Amendments
Application for any change in district boundaries, use listing, property development
standard or any other provision of these regulations shall be considered a zone change and
be processed in accordance with the provisions of Chapter 19.12 CVMC. Approval of a
zone change requires affirmative action following a public hearing by both the Planning
Commission and City Council.
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VI. ADMINISTRATIVE PROCEDURES, CONDITIONAL USES AND
VARIANCES
A. Purpose and Intent
The purpose of this chapter is to define certain administrative procedures and requirements
to provide clear instructions and notice to property owners and developers within Freeway
Commercial SPA regarding permit and plan approvals. The general intent of these
regulations is to use the standard procedures provided in Chapter 19.14 CVMC except
where special procedures are required or defined herein.
The administration of the Freeway Commercial SPA Plan shall be as provided for in
Chapter 19.48.090 et. seq. CVMC, except that the Zoning Administrator may accept less
detail or require additional detail to suit the development concepts included in the SPA
plan.
For matters relevant to the proper development and use of property within Freeway
Commercial SPA and not addressed herein, the provisions of Title 19 CVMC (Zoning
Ordinance) shall apply. In the event of conflicting standards, these PC District Regulations
shall apply.
B. Zoning Administrator - Authority
The Zoning Administrator is authorized to consider and to approve, disapprove or modify
applications on the following subjects and/or issue the following required permits without
setting the matter for a public hearing:
1. Conditional Use Permit
The Zoning Administrator shall be empowered to issue CUPs, as defined herein, in
the following circumstances:
a. Where the use requiring the permit would make use of an existing building and
does not involve substantial remodeling thereof.
b. For signs, as defined herein, and temporary tract houses, as limited herein.
c. Establishments that include the sale of alcoholic beverages for off- site use or
consumption. The Zoning Administrator shall hold a public hearing in
accordance with Section 19.14.060-19.14.090 of the CVMC (Chapter 19.14
Administrative Procedures, Conditional Uses and Variances: sections .060 =
Conditional Use Permit - Defined- Purpose and Intent, 090 = Conditional Use
Permit - Public Hearing Procedure - Finding of Facts and .080 = Conditional
Use Permit - Prerequisites For Grading) of the CVMC upon giving notice
thereof in accordance with Sections 19.12.070-19.12.080 of the CVMC
(Chapter 19.12 Legislative Zoning Procedures: Sections .070 = Hearings -
Notices Required - Methods And Additional Contents Of Notice, And .080 =
Hearings - Notice Required – Contents). A CUP shall not be granted unless the
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Zoning Administrator or other issuing authority finds in his/her sole discretion
and based on substantial evidence in view of the entire record, that all the facts
required by Section 19.14.080 of the CVMC (Administrative Procedures,
Conditional Uses and Variances: Conditional Use Permit - Prerequisites for
Grading) of the CVMC exist, and that approval of the permit will not result in
an over concentration of such facilities. Over concentration may be found to
exist based on: 1) the number and location of existing facilities; 2) compliance
with State Alcohol Beverage Control over concentration standards in effect at
the time of project consideration; 3) the impact of the proposed facility on
crime; and 4) the impact of the proposed facility on traffic volume and traffic
flow. The Police Department or other appropriate City Departments may provide
evidence at the hearing. A permit to operate may be restricted by any reasonable
conditions including but not limited to limitations on hours of operation.
d. The City Clerk shall inform the City Council of the decision on each such
permit when the decision is filed in accordance with Section 19.14.090 of the
CVMC (Administrative Procedures, Conditional Uses and Variances:
Conditional Use Permit - Public Hearing Procedure - Finding of Facts). The
decision of the Zoning Administrator may be appealed.
e. Such appeal shall be directed to the City Council, rather than the Planning
Commission, and must be filed on City forms within 10 days after the decision
if filed with the City Clerk, as provided in Section 19.14.100 of the CVMC
(Administrative Procedures, Conditional Uses and Variances: Conditional Use
Permit – Appeals Procedure Generally.) Said appeal shall specify therein that
the decision of the Zoning Administrator was in error and specifically identify
all the facts and circumstances on which the claim of error is based, supported
by evidence. Failure to timely file an appeal with the City Clerk and/or to
identify with specificity all facts and circumstances on which the appeal is
based shall result in the appeal being rejected and not processed by the City. If
appealed within the time limit, said appeal shall be considered in a public
hearing conducted by the City Council, in the same manner as other appeals
pursuant to Sections 19.14.120 and 19.14.130 of the CVMC (Administrative
Procedures, Conditional Uses and Variances: sections .120 – Conditional Use
Permits – Appeal - City Clerk - Duties and section .130 – Conditional Use
Permits – Appeal - City Council Action – Resolution) of the CVMC, except
that the Council must make the same written findings required of the Zoning
Administrator herein, in order to grant the permit.
2. Variances
The Zoning Administrator shall be authorized to grant variances for limited relief in
the case of:
a. Modification of distance or area regulations.
b. Additions to structures, which are nonconforming as to side yard, rear yard, or
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lot coverage, providing the additions meet the requirements of the zoning
ordinance affecting the property.
c. Walls or fences to exceed heights permitted by ordinances. Modifications
requested in said applications for relief to be administered with the requirement
for a public hearing shall be limited to deviations not to exceed 25% of the
requirements imposed by ordinances.
3. Site, Architectural and Landscape Plan Approvals
The Zoning Administrator shall be empowered to grant site plan, architectural plan,
and landscape plan approval as provided herein.
4. Performance Standard Procedure
The Zoning Administrator shall be authorized to issue a zoning permit for uses subject
to performance standards procedures, as provided herein.
5. Home Occupations
The Zoning Administrator shall be authorized to grant permits for home occupations,
as defined and regulated in Section 19.14.490 of the CVMC (Administrative
Procedures, Conditional Uses and Variances: Home Occupations Permit Required
when – Restrictions and Requirements).
6. Design Review
The Zoning Administrator (ZA) has the discretion to act on projects, including new
construction or additions to existing signs and structures. A decision of the Zoning
Administrator may be appealed to the Planning Commission as set forth in Section
19.14.588 (Design Review – Appeal Procedure) of the CVMC.
a. Legal description, legend, scale, north arrow, vicinity map and identification of
designer.
b. The boundary lines of subject property fully dimensioned together with the
name and dimensions of adjoining streets.
c. Existing topography and proposed grading plan showing, slope, retaining
walls, pad elevations and percent of slope on streets, driveways, and other
graded areas.
d. Existing and proposed streets, utilities, and easements
e. Access: Pedestrian, vehicular and service, points of ingress and egress, with
driveway locations and dimensions.
f. Loading and trash areas, walls and/or fences (including height).
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g. Proposed location, height, and dimensions of buildings, including color and
materials on all elevations. The floor area, number of stories, number of units
and bedrooms (when applicable) shall be given. Proposed uses shall be
indicated including floor area devoted to each use.
h. Parking layout, including dimensions, number of stalls and circulation flow.
i. Location, height, and size of signs proposed on the property.
j. All Landscape Areas: Such areas shall be defined with a written proposal
outlining the landscaping concept, as well as the proposed method of
irrigation. In addition, all existing trees on the site shall be identified with a
note as to proposed disposition.
k. Lighting, including the location, type, and hooding devices to shield adjoining
properties.
l. Location and design of recreational areas.
The Zoning Administrator shall determine from data submitted whether the
proposed use will meet the development standards and design guidelines
established in the Design Plan, and shall approve the application upon making a
positive finding. The application may be disapproved, may be approved as
submitted or may be approved subject to conditions, specific changes, or
additions. The approval of the Zoning Administrator shall be noted by
endorsement upon two copies of all sketches.
In carrying out the purpose of this division, the Zoning Administrator shall
consider in each specific case any or all the following principles as may be
appropriate:
1) It is not a purpose of this section to control design character so rigidly
that individual initiative is stifled in the layout of any building or site
and substantial additional expense incurred; rather, it is the intent of this
division that any control exercised be the minimum necessary to achieve
the over-all objective of the Freeway Commercial SPA and associated
regulatory documents.
2) The siting of any structure on the property, as compared to the siting of
other structures in the immediate neighborhood, shall be considered.
3) The size, location, design, color, number, lighting and materials of all
signs and outdoor advertising structures shall be reviewed. No sign
shall be approved more than the maximum limits set herein.
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4) Landscaping as provided in accordance with the Freeway Commercial
SPA South Portion and associated regulatory documents shall be
required on the site and shall be in keeping with the character or design of
the site and existing trees shall be preserved whenever possible.
5) Ingress, egress, and internal traffic circulation shall be so designed as to
promote convenience and safety.
7. Substantial Conformance:
The Zoning Administrator may determine a variation in an application from an adopted
SPA document or statistic is in substantial conformance to the adopted document, subject
to the findings below and providing the statistical variation is less than ten percent.
8. Zoning Administrator - Required Findings:
a. That the proposed project or use is consistent with the Chula Vista General Plan
and adopted policies of the city;
b. That the proposed project or use is consistent with, or found to be in
substantial conformance with, the SPA Plan, the purpose and intent of these
PC District Regulations, and the Design Plan;
c. That the proposed project or use will not, under circumstances of the case, be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity, or injurious to property or improvements in the
vicinity; and,
d. That the proposed project or use is consistent with the principles and overall
quality of design established for the Otay Ranch Planned Community.
Regarding applications on any of the aforementioned subjects, the Zoning
Administrator shall set a reasonable time for the consideration of the same and give
notice thereof to the applicant and to other interested persons as defined in the Chula Vista
Municipal Code. In the event objections or protests are received, the Zoning
Administrator shall set the matter for public hearing as provided herein.
C. Planning Commission
The Planning Commission shall review applications for CUP’s and shall approve,
conditionally approve, or deny such plans. In cases which the application meets the criteria
of Section VI.B.1 above, the application shall be directed to and determined by the Zoning
Administrator.
The Planning Commission shall review all appeals filed to contest sign design rulings of
the Zoning Administrator.
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The Planning Commission shall make its findings and action upon the provisions of the
Otay Ranch GDP, Freeway Commercial SPA South Portion, the associated PC District
Regulations, Design Plan, and other associated regulatory documents.
D. Planning Commission - Appeals Procedure
Decision of the Planning Commission may be appealed to the City Council within 10 -
working days after the decision is filed with the City Clerk. The appeal shall be in writing
and filed in triplicate with the Development Services Department on City forms prescribed
for the appeal. Said appeal shall specify therein that the decision of the Planning
Commission was in error and specifically identify all the facts and circumstances on which
the claim of error is based, supported by evidence. Failure to timely file an appeal with the
City Clerk and/or to identify with specificity all facts and circumstances on which the
appeal is based shall result in the appeal being rejected and not processed by the City. If
an appeal is filed within the time limit specified, it automatically stays proceedings in the
matter until the City Council makes a determination.
Upon the hearing of such appeal, the 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 Otay Ranch GDP, Freeway
Commercial SPA South Portion, the associated PC District Regulations, Design Plan, and
other associated regulatory documents.
E. Site Plan And Architectural Approval
The purpose of site plan and architectural approval is only to determine compliance with
the Freeway Commercial SPA South Portion, the associated PC District Regulations,
Design Plan, and associated regulatory documents. A Building Permit shall not be issued
until site plan and architectural approval has been obtained for any land use requiring site
plan and architectural approval, except for affordable housing projects.
A site plan and architectural approval application shall be accompanied by the following
plans.
Additional plans or information may be necessary to enable the Zoning Administrator to
make the determinations for these applications.
1. Legal description, legend, scale, north arrow, vicinity map and identification of
designer.
2. The boundary lines of subject property fully dimensioned together with the name
and dimensions of adjoining streets.
3. Existing topography and proposed grading plan showing, slope, retaining walls,
pad elevations and percent of slope on streets, driveways, and other graded areas.
4. Existing and proposed streets, utilities, and easements.
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5. Access: Pedestrian, vehicular and service points of ingress and egress, with
driveway locations and dimensions.
6. Loading and trash areas, walls and/or fences (including height).
7. Proposed location, height, and dimensions of buildings, including color and
materials on all elevations. The floor area, number of stories, number of units and
bedrooms (when applicable) shall be given. Proposed uses shall be indicated
including floor area devoted to each use.
8. Parking layout, including dimensions, number of stalls and circulation flow.
9. Location, height, and size of signs proposed on the property.
10. All Landscape Areas: Such areas shall be defined with a written proposal outlining the
landscaping concept, as well as the proposed method of irrigation. In addition, all
existing trees on the site shall be identified with a note as to proposed
disposition.
11. Lighting, including the location, type, and hooding devices to shield adjoining
properties.
12. Location and design of recreational areas.
13. The Zoning Administrator shall determine from data submitted whether the
proposed use will meet the development standards and design guidelines
established in the Freeway Commercial SPA South Portion, the associated PC
District Regulations, and Design Plan and shall approve the application upon making
a positive finding. The application may be disapproved, may be approved as
submitted or may be approved subject to conditions, specific changes, or additions.
The approval of the Zoning Administrator shall be noted by endorsement upon two
copies of all sketches.
In carrying out the purpose of this division, the Zoning Administrator shall
consider in each specific case any or all the following principles as may be
appropriate:
a. It is not a purpose of this section to control design character so rigidly that
individual initiative is stifled in the layout of any building or site and
substantial additional expense incurred; rather, it is the intent of this division
that any control exercised be the minimum necessary to achieve the over-all
objective of the Freeway Commercial SPA South Portion, the associated PC
District Regulations, Design Plan, and the associated regulatory documents.
b. The siting of any structure on the property, as compared to the siting of other
structures in the immediate neighborhood, shall be considered.
c. The size, location, design, color, number, lighting, and materials of all signs
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and outdoor advertising structures shall be reviewed. No sign shall be
approved more than the maximum limits set herein.
d. Landscaping is provided in accordance with the Freeway Commercial SPA
South Portion, the associated PC District Regulations, Design Plan, and the
associated regulatory documents shall be required on the site and shall be
in keeping with the character or design of the site and existing trees shall be
preserved whenever possible.
e. Ingress, egress, and internal traffic circulation shall be so designed as to
promote convenience and safety.
F. Site Plan and Architectural - Appeals
Appeals from determinations by the Zoning Administrator shall be to the Planning
Commission, upon written request for a hearing before the Commission. In the absence of
such request being filed within seven days after determination by the Administrator, the
determination shall be final.
The appeal shall be filed with the Development Services Department on the form required
by the City and be accompanied by the non-refundable Required Fee. The appeal shall
include a statement of the reasons supporting the appeal, including a demonstration that
any issues being raised were raised before the Zoning Administrator. Said appeal shall also
specify therein that the decision of the Zoning Administrator was in error and specifically
identify all the facts and circumstances on which the claim of error is based, supported by
evidence. Failure to timely file an appeal with the City Clerk and/or to identify with
specificity all facts and circumstances on which the appeal is based shall result in the appeal
being rejected and not processed by the City. Upon the proper filing of the appeal, the
Development Services Director shall cause the matter to be set for public hearing, giving
the same notice as required in Sections 19.12.070 and 19.12.080 of the CVMC (19.12
Legislative Zoning Procedures: .070 = Hearings - Notices Required - Methods and
Additional Contents of Notice and .080 = Hearings - Notice Required – Contents).
Upon the hearing of an appeal, the Planning Commission may by resolution, affirm,
reverse, or modify, in whole or in any part, any determination of the Zoning Administrator.
The resolution shall contain Findings of Facts showing wherein the project meets or fails to
meet any applicable site plan and architectural principles or development standards and
design guidelines established in the Freeway Commercial SPA South Portion, the associated
PC District Regulations, Design Plan, and a copy of the decision resolution of the Planning
Commission shall be filed with the City Clerk and mailed to the applicant. The decision of
the Planning Commission shall be final on the eleventh day after its filing, except where
further appeal is taken as provided herein.
The applicant or other interested person may appeal the decision of the Planning
Commission granting or denying site plan and architectural approval to the City Council
within 10-days after said decision is filed with the City Clerk. Said appeal shall be filed with
the City Clerk in writing upon forms provided by the City and be accompanied by the non-
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refundable Required Fee therefore. The appeal shall include a statement of the reasons
supporting the appeal, including a demonstration that any issues being raised were raised
during the public hearing. Said appeal shall also specify therein that the decision of the
Planning Commission was in error and specifically identify all the facts and circumstances
on which the claim of error is based, supported by evidence. Failure to timely file an appeal
with the City Clerk and/or to identify with specificity all facts and circumstances on which
the appeal is based shall result in the appeal being rejected and not processed by the City.
If a proper appeal is filed within the time limits specified, it automatically stays proceedings
in the matter until a determination is made by the City Council on the appeal.
After hearing the appeal, the City Council may, by resolution, affirm reverse or modify, in
whole or in any part, any determination of the Zoning Administrator or the Planning
Commission. The Council resolution by which the appeal is decided shall contain Findings
of Facts showing wherein the project meets or fails to meet the applicable site plan and
architectural principles in Section
19.14.470 of the CVMC (Administrative Procedures – Permits – Applications – Hearings -
Appeals - Site Plan and Architectural Approval – Principles to be Observed), the provisions
of the Design Manual, any design standards required for the project, or other non-
conformity with the requirements of this Chapter. A copy of the decision resolution of the
City Council shall be filed with the City Clerk and mailed to the applicant.
G. Conditional Use Permit
The granting of a CUP is an administrative act to authorize permitted uses subject to
specific conditions because of the unusual characteristic or need to give special
consideration to the proper location of said uses in relation to adjacent uses, the
development of the community and to the various elements of the general plan. The
purpose of this section is to set forth the findings necessary for such administrative action
and to establish a procedure for granting CUP’s.
After the public hearing, the Planning Commission or the Zoning Administrator may, by
resolution, grant a CUP if the Planning Commission or the Zoning Administrator finds
from the evidence presented at said hearing that all the following facts exist:
1. That the proposed use at the location is necessary or desirable to provide a service or
facility which will contribute to the general wellbeing of the neighborhood or the
community.
2. That such use will not, under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persons residing or working in
the vicinity, or injurious to property or improvements in the vicinity.
3. That the proposed use will comply with the regulations and conditions specified in
this code for such use.
4. That the granting of this conditional use will not adversely affect the General Plan of
the City or the adopted plan of any governmental agency.
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The Planning Commission or the Zoning Administrator shall make a written finding which
shall specify facts relied upon in rendering said decision and attaching such conditions and
safeguards as deemed necessary and desirable not more than 10 days following the decision
of the Commission or the Zoning Administrator and shall fully set forth wherein the facts and
circumstances fulfill or fail to fulfill the requirements. A copy of this written Finding of
Facts shall be filed with the City Clerk, with the Development Services Director and mailed
to the applicant. The decision of the Planning Commission or Zoning Administrator shall
be final on the eleventh day following its filing in the office of the City Clerk, except where
appeal is taken as provided herein.
H. Conditional Use Permit - Appeals
The applicant or other interested party may appeal the decision of the Zoning Administrator
to the Planning Commission within 10-days after said decision is filed with the City Clerk.
Said appeal shall be in writing and filed in triplicate with the Development Services
Department on forms provided by said department and shall specify wherein there was an
error in the decision of the Zoning Administrator. Said appeal shall also specify therein
that the decision of the Zoning Administrator was in error and specifically identify all the
facts and circumstances on which the claim of error is based, supported by evidence.
Failure to timely file an appeal with the City Clerk and/or to identify with specificity all
facts and circumstances on which the appeal is based shall result in the appeal being
rejected and not processed by the City. If an appeal is filed within the time limit specified,
it stays proceedings in the matter until the Planning Commission makes a determination.
Where the Planning Commission denies an application by less than four votes, the
applicant shall have the right to either a rehearing at the next Planning Commission meeting
or an appeal to the City Council without payment of additional fees. The choice of
alternatives shall be discretionary with the applicant. All other proceedings pertaining to
appeals shall continue to apply.
I. Variance
The granting of a Variance is an administrative act to allow a variation from the strict
application of the adopted Freeway Commercial SPA South Portion, PC District
Regulations of the zone, and to provide a reasonable use for a Neighborhood of property
having unique characteristics by virtue of its size, location, design or topographical
features, and its relationship to adjacent or surrounding properties and developments. The
purpose of the Variance is to bring a particular neighborhood up to parity with other
property in the same zone and vicinity insofar as a reasonable use is concerned, and it is not
to grant any special privilege or concession not enjoyed by other properties in the same zone
and vicinity. The Variance may not be used to correct improper zoning. It is the purpose
of this section to set forth the findings necessary for such administrative action and to
establish a procedure for granting variances. In no case shall a Variance be granted to
permit a use other than a use permitted in the district in which the subject property is
situated.
The Zoning Administrator shall grant a Variance only when the following facts are found:
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That a hardship peculiar to the property and not created by any act of the owner exists.
Said hardship may include practical difficulties in developing the property for the needs of
the owner consistent with the regulations of the zone; but in this context, personal, family,
or financial difficulties, loss of prospective profits, and neighboring violations are not
hardships justifying a Variance. Further, a previous Variance can never have set a
precedent, for each case must be considered only on its individual merits.
1. That such Variance is necessary for the preservation and enjoyment of substantial
property rights possessed by other properties in the same zoning district and in the
same vicinity, and that a Variance, if granted, would not constitute a special
privilege of the recipient not enjoyed by his neighbor.
2. That the. authorizing of such Variance will not be of substantial detriment to
adjacent property and will not materially impair the purposes of these regulations or
the public interest.
3. That the authorizing of such Variance will not adversely affect the general plan of the
City or the adopted plan of any governmental agency.
J. Variance - Appeals
The applicant or other interested persons may appeal using City forms the decision of the
Zoning Administrator to the Planning Commission within 10-days after the decision is filed
with the City Clerk and the hearing on said appeal shall be processed by the Planning
Commission in the same manner as a CUP within the original jurisdiction of the Planning
Commission. Said appeal shall specify therein that the decision of the Zoning
Administrator was in error and specifically identify all the facts and circumstances on
which the claim of error is based, supported by evidence. Failure to timely file an appeal
with the City Clerk and/or to identify with specificity all facts and circumstances on which
the appeal is based shall result in the appeal being rejected and not processed by the City.
The applicant or other interested persons shall have the same right of appeal from any
determination of the Planning Commission in such instances as set forth in Sections
19.14.110 through 19.14.130 of the Chula Vista Municipal Code (Administrative
Procedures, Conditional Uses and Variances: .110 = Conditional Use Permit – Appeals
Form – Contents – Effects of Filing, .120 = Conditional Use Permit – Appeals – City Clerk
Duties and .130 = Conditional Use Permit – Appeals City Council Action – Resolution) of
the Chula Vista Municipal Code. Said appeal, on City forms, shall specify therein that the
decision of the Planning Commission was in error and specifically identify all the facts and
circumstances on which the claim of error is based, supported by evidence. Failure to
timely file an appeal with the City Clerk and/or to identify with specificity all facts and
circumstances on which the appeal is based shall result in the appeal being rejected and not
processed by the City.
Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse, or
modify in whole or in part any determination of the Planning Commission, subject to the same
limitations. The resolution must contain a Finding of Facts showing wherein the conditional
use meets or fails to meet the requirements of CVMC Sections 19.14.080 through 19.14.100
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of the CVMC (Administrative Procedures, Conditional Uses and Variances: .080 =
conditional use permit - prerequisites for grading, .090 = Conditional Use Permit – Public
Hearing Procedure – Finding of Facts and .100 = Conditional Use Permit – Appeals
Procedure Generally). Not later than 10-days following the adoption of said resolution, the
City Clerk shall transmit a copy of the resolution and finding to the Development Services
Director and shall mail a copy to the applicant.
Any CUP or Zone Variance granted by the City as herein provided shall be utilized within
one year after the effective date thereof. A Variance or CUP shall be deemed to be utilized
if the property owner has substantially changed his/her position in reliance upon the grant
thereof. Evidence of change of position would include completion of construction or any
expenditures of money by the property owner preparatory to construction and shall also
include the use of the property as granted. If there has been a lapse of work for the three
months after commencement, the CUP or Zone Variance shall be void. The Commission
may, by resolution, grant an extension of time contained in a currently valid Zone Variance or
CUP without a public hearing upon appeal of the property owner, provided that there has
been no material change or circumstances since the granting of the Variance or CUP which
would be injurious to the neighborhood or otherwise detrimental to the public welfare.
VII. EXCEPTIONS AND MODIFICATIONS
A. Height Limitation Exceptions
Height limitations stipulated in these regulations shall not apply to the following unless
specifically stated:
1. Spires, belfries, cupolas and domes, monuments, flagpoles, masts, and aerials, or
to parapet walls extending not more than four feet above the limiting height of the
building;
2. Places of public assembly in permitted public and semi-public buildings, provided
that these uses are located on the ground floor of such buildings, and provided
further, that for each one-foot (1’) by which the height of such building exceeds the
maximum height otherwise permitted in the district, its side and rear yards shall be
increased in width or depth by an additional foot (1’) over the side and rear yards
required for the highest building otherwise permitted in the district;
3. Bulkheads, elevator, and stair penthouses, provided no lineal dimension of any such
structure exceeds fifty percent of the corresponding street lot line frontage; or towers
and monuments; provided however, that no such structures above the heights
otherwise permitted in the district occupy more than 25% of the area of the lot and
are no less than 25-feet from any lot line which is not a street lot-line.
B. Projections Into Required Yard Permitted
Certain architectural features may project into required yards or courts as follows:
1. Cornices, canopies, eaves, or other architectural features may project a distance not
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exceeding four-feet (4’) into any front or rear yard and 40% into any side yard to a
maximum of four-feet (4’). In the case of a side yard which is less than five-feet
(5’), a two-foot (2’) projection is permitted, provided that such projection does not
extend closer than one-foot (1’) to the property line;
2. Fire escapes may project a distance not exceeding four-feet, six-inches (4’-6”);
3. An uncovered stair and any necessary landings may project a distance not to exceed
six-feet (6’), provided such stair and landing shall not extend above the first floor
of the building except for a railing not exceeding three-feet (3’) in height;
4. An open, unenclosed stairway not covered by a roof or canopy may extend or
project into a required rear or side yard not more than three-feet (3’).
VIII. ENFORCEMENT
A. Enforcement by City Officials
The City Council, City Attorney, City Manager, City Engineer, Director of Public Works,
Fire Chief, Chief of Police, Director of Building and Housing, Director of Parks and
Recreation, Planning Director, City Clerk, and all officials charged with the issuance of
licenses or permits shall enforce the provisions of this ordinance. Any permit, certificates
or license issued in conflict with the provisions of this ordinance shall be void.
B. Actions Deemed Nuisance
Any building or structure erected hereafter, or any use of property contrary to the
provisions of a duly approved Design Review, Site Plan, Variance, CUP, or Administrative
Review and/or this ordinance shall be declared to be unlawful and a public nuisance per se
and subject to abatement in accordance with local ordinance.
C. Remedies
All remedies concerning this ordinance shall be cumulative and non -exclusive. The
conviction and punishment of any person hereunder shall not relieve such persons from the
responsibility of correcting prohibited conditions or removing prohibited buildings,
structures, signs, or improvements, and shall not prevent the enforced correction or removal
thereof.
D. Penalties
Any person, partnership, organization, firm, or corporation, whether as principal, agent,
employee or otherwise, violating any provisions of this ordinance or violating or failing to
comply any order or regulation made hereunder, shall be guilty of an infraction and, upon
conviction thereof, shall be punishable as provided by local ordinance.