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HomeMy WebLinkAbout2026.08.12 Agenda Packet **POST-MEETING AGENDA** Date:Wednesday, August 12, 2026 Time:6:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA Planning Commission Regular Meeting Watch live in English and Spanish: chulavistaca.gov/boardmeetings Free Spanish interpretation is available on-site. ______________________________________________________________________________ In-Person Public Comments: Join us for the Planning Commission meeting at the time and location specified on this agenda to make your comments. Electronic Public Comments: At www.chulavistaca.gov/boardmeetings, locate this meeting and click the comment bubble icon. Select the item and click on "Leave comment." The deadline to submit e-comments or any comments emailed to PC@chulavistaca.gov will be noon on the day of the meeting. Watch Live or Recorded Meetings: Visit www.chulavistaca.gov/boardmeetings. Click "ES" at the bottom to switch to Spanish. Closed captioning is available in both languages. ACCESSIBILITY: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact PC@chulavistaca.gov or (619) 691-5041. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made. Gov. Code § 84308 Regulations: To promote transparency and fairness in the governmental decision-making process, there are rules to prevent public officials from being unfairly influenced by contributors to their campaigns. The type of activity these laws were enacted to limit is often referred to as “pay-to-play,” and is governed in California by Government Code section 84308. Parties to any proceedings involving a “license, permit, or other entitlement for use,” as that term is defined in the Political Reform Act, pending before the City Council must disclose any campaign contribution over $500 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "G.C. § 84308 Regulations Apply: Yes" on this agenda indicates that the item is subject to these regulations. Time Allotted for Speaking (subject to change by the presiding officer) - Consent Calendar (any or all items): 3 minutes - Agenda Items (not on Consent): 3 minutes - General Public Comment (not on agenda): 3 minutes Individuals who use a translator will be allotted twice the time. Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.CONSENT CALENDAR (Items 4.1 through 4.3) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of these items unless a commissioner or staff removes the item from the Consent Calendar. Recommended Action: Approve the recommended actions appearing below consent calendar Items 4.1 through 4.3. 4.1 Approval of Meeting Minutes 4 Recommended Action: Approve minutes dated: June 10, 2026 4.2 Consider Request for Excused Absence 7 Recommended Action: Consider approving excused absence for Commissioner Combs from the June 10, 2026, meeting. 4.3 Proposed Street Name Changes for the Chula Vista Bayfront 8 Location: Chula Vista Bayfront Specific Plan Area G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Recommend City Council adopt a resolution approving street name changes for two existing and two new streets in the Chula Vista Bayfront Specific Plan Area. 5.PUBLIC COMMENTS The public may address the Commission on any subject matter within the Commission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Commission from discussing or taking action on any issue not included in the agenda. The Commission may schedule the topic for future discussion or refer the matter to staff. 6.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on one of these items, please fill out a "Request to Speak" form and submit it to the Deputy City Clerk prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 6.1 Municipal Code Update Regarding Allowable Uses and Process Improvements to Approve Community Purpose Facilities Within the Planned Community Zone 16 Location: No specific geographic location G.C. § 84308 Regulations Apply: Yes Environmental Notice: The proposed legislative action qualifies for the “common sense” exemption pursuant to California Environmental Quality Act Guidelines Section 15061(b)(3). City of Chula Vista Planning Commission August 12, 2026 Agenda Page 2 of 123 Recommended Action: Conduct a public hearing and recommend the City Council of the City of Chula Vista adopt an ordinance amending Chula Vista Municipal Code (CVMC) Sections 19.04.002, 19.48.025, and 19.48.040 regarding Community Purpose Facilities. 6.2 Continuation of Public Hearing Recommending City Council Approve an Outdoor Dining Ordinance 55 Location: Citywide Department: Development Services and Economic Development G.C. § 84308 Regulations Apply: Yes Environmental Notice: The project qualifies for a Categorical Exemption pursuant to California Environmental Quality Act Guidelines Section 15301 (Existing Facilities), Section 15303 (New Construction or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), and Section 15311 (Accessory Structures). Recommended Action: Conduct a public hearing and recommend the City Council of the City of Chula Vista adopt an ordinance amending Chula Vista Municipal Code (CVMC) Title 19 (Planning and Zoning) to add Chapter 19.59 (Outdoor Dining Regulations) and recommend the City Council adopt a resolution to establish fees associated with Outdoor Dining Facilities within the public right-of-way. 7.ACTION ITEMS Action items are considered individually by the Commission and are expected to elicit discussion and deliberation. 7.1 Election of Chair and Vice Chair for Fiscal Year 2026-27 Recommended Action: Elect Chair and Vice Chair. 8.STAFF REPORT 9.CHAIR'S COMMENTS 10.COMMISSIONERS' COMMENTS 11.ADJOURNMENT to the regular meeting on August 26, 2026, at 6:00 p.m. Materials provided to the Planning Commission related to any open-session item on this agenda are available for public review at www.chulavistaca.gov/boardmeetings or the City Clerk's Office at 276 Fourth Ave, Chula Vista. We encourage community participation—sign up at www.ChulaVistaCA.gov/Boards to receive email notifications when agendas are available. City of Chula Vista Planning Commission August 12, 2026 Agenda Page 3 of 123 Page 1 City of Chula Vista Regular Planning Commission Meeting MINUTES Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 6:00 p.m. 2. ROLL CALL Deputy City Clerk Zepeda called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Commissioner Felber. 4. CONSENT CALENDAR (Items 4.1 through 4.2) Moved by Vice Chair Torres Seconded by Commissioner Sanfilippo To approve the recommended action on the below consent calendar items. The motion was carried by the following vote: Result, Carried (4 to 0) Page 4 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 2026-06-10 Planning Commission Regular Meeting Minutes Page 2 4.1 Approval of Meeting Minutes To approve minutes dated: May 27, 2026 4.2 Consider Request for Excused Absence To approve excused absences for Commissioners Felber and Jones from the May 27, 2026, meeting. 5. PUBLIC COMMENTS There were none. 6. PUBLIC HEARINGS 6.1 Conditional Use Permit PLN25-0073 (CUP25-0073) to Allow for the Sale of Alcoholic Beverages (“Project”) Within an Existing Restaurant (Luscious Dumplings) in the VC-1A (Village Center) Zone Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the ti me specified in the notice. Senior Planner Tarka gave a presentation on the item. Chair Leal opened the public hearing. There being no members of the public who wished to speak, Chair Leal closed the public hearing. Moved by Commissioner Felber Seconded by Commissioner Sanfilippo To adopt Resolution No. 2026-006. The motion was carried by the following vote: Result, Carried (5 to 0) Item 6.1 heading: RESOLUTION NO. 2026-006 OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES AND APPROVING CONDITIONAL USE PERMIT PLN25-0073 (CUP25-0073) TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING 1,325-SQUARE FOOT Page 5 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 2026-06-10 Planning Commission Regular Meeting Minutes Page 3 RESTAURANT (LUSCIOUS DUMPLINGS) WITHIN A COMMERCIAL SHOPPING CENTER LOCATED WITHIN VILLAGE CENTER (VC-1A) ZONE OF THE EASTLAKE II SECTIONAL PLANNING AREA 6.2 Code Update to Adopt Outdoor Dining Regulations This item was not considered at this meeting. Chair Leal announced that it would be heard at a future meeting. 7. STAFF REPORT Deputy Director Development Services Colamussi provided comments on projects. 8. CHAIR'S COMMENTS There were none. 9. COMMISSIONERS' COMMENTS There were none. 10. ADJOURNMENT The meeting was adjourned at 6:15 p.m. Minutes prepared by: Mariluz Zepeda, Deputy City Clerk _________________________ Mariluz Zepeda, Deputy City Clerk Page 6 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Request for Excused Absence Form – 6/19 REQUEST FOR EXCUSED ABSENCE City of Chula Vista Boards, Commissions, and Committees Name: _________________________________________________ Date of Absence: _________________________________ Board/Commission/Committee: _________________________________________________________________________________ Chula Vista Municipal Code section 2.25.110 (C) allows board/commission/committee members, by a majority vote, to excuse a fellow board, commission, or committee member’s absence from a meeting for any of the reasons listed below. A member who is absent from three consecutive, regular meetings will be deemed to have vacated his or her membership, unless the member’s absence is excused by a majority vote of the other members. An absence is only recorded as “excused” upon receipt of a member’s request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you have been absent from a regular meeting, please complete and submit this form to the chair or secretary. Please indicate the reason for the absence:  1. Illness of the member, family member of the member, or personal friend of the member;  2. Business commitment of the member that interferes with the attendance of the member at a meeting;  3. Previously scheduled vacation of the member, notice of which was provided to the respective board or commission in advance of the meeting;  4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant event;  5. Unexpected, emergency situation that prohibits the member’s attendance; or  6. Other reason for which the member has given notice to the secretary of his or her unavailability at least seven days in advance of the meeting. OR  The absence was not for any of the above-listed reasons. I understand that the absence will be recorded as unexcused. I certify the reason for the absence indicated above is true and correct. Member’s Signature: __________________________________________________________ Date: _____________________________ If completed by secretary or staff to board/commission/committee: Completed on member’s behalf by: _____________________________, per member’s  Verbal  Written request on: _________________. (date) (secretary/liaison’s name) 05/21/26 June 10, 2026 Planning Commission Mariluz Zepeda Jim Combs 4 4 Page 7 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda v . 0 0 1 P a g e | 1 August 12, 2026 ITEM TITLE Proposed Street Name Changes for the Chula Vista Bayfront Location: Chula Vista Bayfront Specific Plan Area G.C. § 84308 Regulations Apply: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Recommend City Council adopt a resolution approving street name changes for two (2) existing and two (2) new streets in the Chula Vista Bayfront Specific Plan Area. SUMMARY Staff requests Planning Commission recommend City Council approve street names for public roadways within the Chula Vista Bayfront Specific Plan Area. The proposed names are intended to support wayfinding, emergency response, and project implementation while establishing a cohesive identity for the Bayfront. The recommended street names reflect a cohesive naming framework that incorporates Chula Vista’s historic connection to the aviation and aerospace industry, as well as the ecological and place-based identity of the Bayfront. Collectively, the names establish a strong sense of place that connects Chula Vista’s industrial legacy with its vision for a revitalized waterfront destination. The proposed names have been coordinated with the Port of San Diego, where applicable. Approval of these names will allow staff to proceed with addressing, signage installation, and updates to wayfinding and signage, and updates to Public Safety routing systems in the Chula Vista Bayfront. HOUSING IMPACT STATEMENT N/A Page 8 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 2 ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (“CEQA”), and it has been determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in t he environment. Therefore, pursuant to Section 15060(c)(3) of the CEQA Guidelines, the activity is not subject to CEQA. DISCUSSION Background and Purpose Recent completion of the Gaylord Pacific Resort and Sweetwater Park marks a significant milestone in the ongoing redevelopment of the Chula Vista Bayfront. As development of the Chula Vista Bayfront progresses, new public streets and reconfigured segments of existing roadways require formal naming in accordance with City of Chula Vista (“City”) standards. In coordination with the Port of San Diego, the City has the opportunity to further establish a cohesive identity for the district with street names that reflect both its rich industrial history and its evolving waterfront character. Staff developed a naming framework to guide this effort, emphasizing:  Aerospace and industrial heritage, recognizing the legacy of Rohr Industries and its role in shaping Chula Vista’s economy;  Ecological and waterfront context, reflecting the Bayfront’s wetlands, shoreline, and environmental assets; and  Place-based identity, supporting the Bayfront as a regional destination for recreation, tourism and community activity. Proposed Street Names G Street E Street to H Street Harbor Park Way New Street (Amara Bay) Marina Pkwy to Bayshore Bikeway Horizon Drive New Street (Amara Bay) H Street to J Street Catalyst Avenue Gunpowder Point Drive E Street to Living Coast Discovery Center Discovery Reach Harbor Park Way – G Street (E Street to H Street) Harbor Park Way was a name provided at the request of the Port of San Diego and reflects the street’s frontage along the renamed Harbor Park. Horizon Drive – New street within Amara Bay development (Marina Parkway to Bayshore Bikeway parking lot) Horizon Drive echoes aviation and exploration imagery. The name evokes forward vision, flight, and the Bay’s expansive views. The name maintains continuity with the existing “H” street designation. Catalyst Avenue – New street within Amara Bay development (H Street to J Street) Catalyst Avenue represents innovation and transformation within the Chula Vista Bayfront. It reflects the transformation of the area from an industrial district to a vibrant mixed-use waterfront destination. Page 9 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 3 Discovery Reach – Gunpowder Point Drive – E Street to Living Coast Discovery Center Discovery Reach connects directly to the nearby Living Coast Discovery Center and its mission to educate visitors about the San Diego Bay ecosystem. The name blends the ideas of learning, exploration, and ecological connection, while “Reach” subtly evokes the tidal channels that define the Bayfront landscape. Consistency with City Standards The proposed street names have been reviewed for consistency with City naming conventions, including avoidance of duplication, clarity for emergency response, and compatibility with existing naming patterns. Street suffixes and formats are consistent with the functional classification and character of each roadway. Coordination and Stakeholder Input Staff coordinated the proposed names internally and with the Port of San Diego staff for areas within or adjacent to Port jurisdiction. Certain names reflect stakeholder input including Port preferences for park- oriented naming within the Harbor Park area. Approval of the proposed street name changes will result in updated addresses for the Living Coast Discovery Center from 1000 Gunpowder Point Drive to 1000 Discovery Reach. Following Council action, staff will coordinate directly with the affected business, property owners, and relevant agencies including postal and emergency service providers to facilitate a smooth transition and minimize disruption. CONCLUSION Staff requests Planning Commission recommend City Council approval of the proposed Chula Vista Bayfront street name changes. DECISION-MAKER CONFLICT Staff reviewed the property holdings of the Planning Commission members and found no property holdings within 1000 feet of the boundaries of the property, which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702. 2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). FISCAL IMPACT There is no current fiscal year impact to the City with this recommended action . Costs for street and wayfinding signage will be incorporated into the budgets of the respective Chula Vista Bayfront street improvement projects. No additional General Fund impact is anticipated. ATTACHMENTS Attachment 1 – Bayfront Street Exhibit Staff Contact: Rebecca Bridgeford, Deputy Director of Development Services Page 10 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda New - Marina Pkwy to Bayshore Bike Path – Horizon DriveNew – H St to J St – Catalyst Avenue E Street – G St to H St – Habor Park Way Gunpowder Point – Discovery Reach Page 11 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Form Rev 1/29/2025 RESOLUTION NO. __________ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE STREET NAME CHANGES FOR TWO (2) EXISTING AND TWO (2) NEW STREETS WITHIN THE CHULA VISTA BAYFRONT SPECIFIC PLAN AREA. WHEREAS, the Chula Vista Bayfront Specific Plan Area is undergoing phased redevelopment, including the construction of new public streets and the reconfiguration of existing roadways; and WHEREAS, the City of Chula Vista (“City”) is required to formally name and/or rename public streets to support addressing, wayfinding, emergency response, and implementation of development projects; and WHEREAS, the proposed street names have been coordinated with the Port of San Diego, where applicable; and WHEREAS, approval of the proposed street names will allow staff to proceed with addressing, signage installation, wayfinding updates, and coordination with public safety agencies; and WHEREAS, the proposed activity has been reviewed for compliance with the California Environmental Quality Act (“CEQA”), and it has been determined that the activity is not a "Project" as defined under Section 15378 of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and WHEREAS, pursuant to Section 15060(c)(3) of the CEQA Guidelines, the activity is not subject to CEQA; and WHEREAS, the Planning Commission held a duly noticed public hearing, considered the staff report and all evidence and testimony presented, and determined that recommending approval of the proposed street names is in the best interests of the City and consistent with implementation of the Chula Vista Bayfront Specific Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby recommends that the City Council approve the following street name changes within the Chula Vista Bayfront Specific Plan Area: 1. G Street (E Street to H Street) shall be renamed Harbor Park Way; 2. New street (Marina Parkway to terminus at Bayshore Bikeway) shall be named Horizon Drive; 3. New street (H Street to J Street) shall be named Catalyst Avenue; and 4. Gunpowder Point Drive (E Street to Living Coast Discovery Center) shall be renamed Discovery Reach. Page 12 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Planning Commission Resolution No. 2026-XXX Page 2 BE IT FURTHER RESOLVED that the Planning Commission recommends that, upon approval by the City Council, the Director of Development Services, or designee, be authorized to take all actions necessary to implement the City Council's action, including coordination with the Port of San Diego, coordination with existing businesses, updating City addressing and geographic information systems, and installation of street name and wayfinding signage. Presented by Approved as to form by Roy Sapa’u Marco A. Verdugo Deputy City Manager/ City Attorney Director of Development Services Page 13 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING STREET NAME CHANGES FOR TWO EXISTING STREETS AND TWO NEW STREET WITHIN THE CHULA VISTA BAYFRONT SPECIFIC PLAN AREA WHEREAS, the Chula Vista Bayfront Specific Plan Area is undergoing phased redevelopment, including the construction of new public streets and the reconfiguration of existing roadways; and WHEREAS, the City is required to formally name and/or rename public streets to support addressing, wayfinding, emergency response, and implementation of development projects; and WHEREAS, the proposed street names have been coordinated with the Port of San Diego, where applicable; and WHEREAS, approval of the proposed street names will allow staff to proceed with addressing, signage installation, wayfinding updates, and coordination with public safety agencies; and WHEREAS, the proposed activity has been reviewed for compliance with the Califo rnia Environmental Quality Act (“CEQA”), and it has been determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and WHEREAS, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA; and WHEREAS, the Planning Commission held a duly noticed public hearing, considered the staff report and all evidence and testimony presented, and determined that recommending approval of the proposed street names is in the best interests of the City and consistent with implementation of the Chula Vista Bayfront Specific Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the following street name changes within the Chula Vista Bayfront Specific Plan Area: 1. G Street (E Street to H Street) shall be renamed Harbor Park Way; 2. New street (Marina Parkway to Terminus at Bayshore Bikeway) shall be named Horizon Drive; 3. New street (H Street to J Street) shall be named Catalyst Avenue; 4. Gunpowder Point Drive (E Street to Living Coast Discovery Center) shall be renamed Discovery Reach. Page 14 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Resolution No. Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the Director of Development Services, or designee, is authorized to take all actions necessary to implement this Resolution, including coordination with the Port of San Diego, coordination with existing businesses, updating City addressing and geographic information systems, and installation of street name and wayfinding signage. Presented by Approved as to form by Roy Sapa’u Marco A. Verdugo Deputy City Manager/ City Attorney Director of Development Services Page 15 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda v . 0 0 1 P a g e | 1 August 12, 2026 ITEM TITLE Municipal Code Update Regarding Allowable Uses and Process Improvements to Approve Community Purpose Facilities Within the Planned Community Zone. Location: No specific geographic location. G.C. § 84308 Regulations Apply: Yes. Environmental Notice: The proposed legislative action qualifies for the “common sense” exemption pursuant to California Environmental Quality Act Guidelines Section 15061(b)(3). Recommended Action Conduct a public hearing and recommend the City Council of the City of Chula Vista adopt an ordinance amending Chula Vista Municipal Code (CVMC) Sections 19.04.002, 19.48.025, and 19.48.040 regarding Community Purpose Facilities. SUMMARY The proposed item amends Chula Vista Municipal Code (CVMC) Sections 19.04.002, 19.48.025, and 19.48.040 to reorganize the Code Section for flow and clarity; clarify the review and approval process and permitted uses and describe how a Community Purpose Facility is defined and calculated; add affordable housing as a permitted use for Community Purpose Facilities within the Planned Community zone; and correct cross references due to the reorganization. HOUSING IMPACT STATEMENT No housing units are proposed as part of the Project. However, the proposed amendments streamline regulatory requirements and reduce constraints that could in the future increase the supply of housing. ENVIRONMENTAL REVIEW The proposed legislative action was reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the action qualifies for the “common sense” exemption under CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including the modification of permitted uses and process streamlining for Community Purpose Facilities. Thus, no further environmental review is required. Page 16 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 2 DISCUSSION Background Community Purpose Facilities Ordinance The City Council originally approved the Community Purpose Facilities (CPF) Ordinance on April 23, 1991 (Ordinance No. 2452A), which established standards and regulations that required developers to set aside land in the Planned Community (P-C) zone for community-oriented uses benefiting the immediate community. The purpose of the CPF Ordinance was to create community-serving uses in centrally located areas to establish a neighborhood’s identity as well as support its character and general welfare. The CPF Ordinance added a definition for CPF uses, established the requirement and minimum acreage for CPF uses in P-C zone, and identified the required contents of the General Development Plan (GDP) and Sectional Planning Area (SPA) Plan. Following adoption of the Ordinance, all development within a P-C zone was required to provide CPF land in accordance with the CPF Ordinance. Since its original adoption in 1991, the CPF Ordinance has been amended five (5) times to: expand the allowable CPF uses; clarify the reduced acreage requirement through shared parking, extraordinary public benefit, and alternative compliance; clarify provisions for interim uses; and add required findings for recreational uses. Otay Ranch General Development Plan (GDP) The Otay Ranch GDP was approved by the City and County of San Diego on October 28, 1993, dictating the future development of the Otay Ranch Villages as implemented through SPA Plans. The GDP and subsequent SPAs established land requirements for CPF to be dedicated for religious, fraternal, civic, human service, and charitable organizations. General Plan Housing Element The City’s General Plan 2021-2029 Housing Element was adopted in 2022. Implementing Program 2.6 of the Housing Element Policy and Implementation Plan requires the City to explore amendments to applicable CVMC Sections to allow residential development for lower income households as a by right use for CPF lands, and as a public benefit in the context of CVMC. In accordance with this Housing Element requirement, and as further detailed below, City staff presented a proposed amendment to the CPF Ordinance in December 2022. The above recommended action, along with subsequent consideration by the City Council, will satisfy Housing Element Implementing Program 2.6. CPF Implementation Over the last 35 years, development within the P-C zone, including within the Otay Ranch GDP, has satisfied the CPF obligation by utilizing the various options afforded under CVMC Section 19.48.025. While early developments provided CPF uses in accordance with the permitted uses established in the CPF Ordinance, developers have identified significant challenges meeting the CPF land obligation over the last several years. For approximately the last 10-15 years, developers have frequently utilized the alternative compliance provisions in the ordinance to meet the CPF obligations. The alternative compliance provisions allow for a reduction in the total CPF acreage obligation through shared parking agreements, an extraordinary public benefit determination, or an equivalent alternative compliance mechanism. The preference for utilization of Page 17 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 3 the alternative compliance provisions is indicative of the challenges in meeting the CPF land requirements of the existing CPF Ordinance. Prior Planning Commission Review At the December 14, 2022, Planning Commission meeting, a proposed amendment to the CPF Ordinance was presented as part of a broader Code Update package. At that time, the CPF Ordinance amendment proposed to add affordable housing as a permitted use and give expanded discretion to the City Manager’s Office and Director of Development Services to approve alternative compliance mechanisms for CPF-designated lands. Commissioner comments focused on reduced oversight of both the Planning Commission and City Council on CPF decisions/uses, specifically by adding affordable housing as a permitted use. Additionally, no fully informed decision could be made about the issue without having an inventory of existing and planned CPF sites and obligations. In response to Commissioner comments, Attachment 4 is a map depicting the location of each existing, constructed CPF site, and Attachment 5 provides a series of SPA Plan Utilization Plans depicting future, planned CPF sites. Proposed Ordinance The proposed revisions to CVMC Section 19.48.025 relate to formatting and flow, the review and approval process, and expanding permitted CPF uses. They are as follows: 1. To provide clarity from an implementation perspective, the section has been reorganized to describe how a CPF is defined and calculated, what uses are permitted, minimum criteria for certain permitted uses, what alternative compliance mechanisms are available, and the approval process for interim uses. 2. To promote streamlining and efficient implementation, the requirement for a conditional use permit for permitted uses has been removed and such uses are proposed to be permitted by right. Development of the permitted uses may be subject to additional permits, which will be processed in accordance with the adopted SPA plan regulations. 3. To promote the development of affordable housing within the City as contemplated by the Housing Element Implementing Program 2.6, affordable housing developments have been added as a permitted use. Standards have also been added to ensure that low income and extremely low-income units are specifically constructed and subject to an updated Public Facilities Financing Plan and updated Fiscal Impact Analysis. Additionally, any affordable housing projects used to meet CPF obligations must be in addition to the affordable housing requirements of CVMC Section 19.91 (Inclusionary Housing). These project types are also required to execute an Affordability Agreement to ensure the rent/income levels are maintained for fifty-five (55) years for rental developments or forty-five (45) years for for-sale developments. 4. To promote streamlining and efficient implementation, the approval authority for conditional interim uses has been delegated from the City Council with recommendation from Planning Page 18 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 4 Commission to the Zoning Administrator. Interim uses would only continue to be allowed following approval of the SPA Plan or SPA Plan amendment by Planning Commission and City Council. 5. Finally, to reflect current practice, the annual SPA plan review has been delegated from the City Council to the City Manager or designee. The revisions to CMVC Sections 19.04.002 and 19.48.040 include correcting the CVMC reference to the allowed CPF uses from the CPF definition and correcting the CVMC reference to the minimum development criteria for public recreational facilities from the minimum land area required for such facilities , respectively. CONCLUSION To add further flexibility for permitted uses and streamline process improvements, staff recommends that the Planning Commission recommend the City Council adopt an ordinance amending Chula Vista Municipal Code (CVMC) Sections 19.04.200, 19.48.025, and 19.48.040 regarding Community Purpose Facilities. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the Planning Commission members do not create a disqualifying real property- related financial conflict of interest under the California Political Reform Act (Cal. Gov’ t. Code § 87100, et seq.). Staff is not independently aware and has not been informed by any Planning Commission member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. FISCAL IMPACT There is no current fiscal year or ongoing fiscal impact to the General Fund or Development Services Fund as a result of the adoption and implementation of the proposed ordinance. ATTACHMENTS Attachment 1 – Resolution Attachment 2 – Draft City Council Ordinance (Strike-Out Version) Attachment 3 – Draft City Council Ordinance (Clean Version) Attachment 4 – Map Depicting Existing, Constructed CPF Sites Attachment 5 – Future Planned CPF Sites Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services Mayra Medel, Principal Planner, Development Services Anna Colamussi, Deputy Director, Development Services Page 19 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda RESOLUTION NO. 2026- RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVE AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTIONS 19.04.002, 19.48.025, AND 19.48.040 REGARDING ALLOWABLE USES AND PROCESS IMPROVEMENTS TO APPROVE COMMUNITY PURPOSE FACILITIES WITHIN THE PLANNED COMMUNITY ZONE WHEREAS, necessary amendments to the Chula Vista Municipal Code (CVMC) have been identified to help further streamline and clarify permit processes/regulations; and WHEREAS, on April 23, 1991, the City Council approved the Community Purpose Facilities (CPF) Ordinance, establishing standards and regulations requiring developers to set aside land in the Planned Community (P-C) zone, for community-serving uses in centrally located areas, thereby establishing a neighborhood’s identity to support its character and general welfare; and WHEREAS, on October 28, 1993, the City of Chula Vista (“City”) and County of San Diego approved the Otay Ranch General Development Plan (GDP), dictating the future development of the Otay Ranch Villages as implemented through Sectional Planning Area (SPA) plans, which further required land for CPF to be dedicated for religious, fraternal, civic, human service, and charitable organizations; and WHEREAS, to achieve a balanced community, the construction and provision of affordable housing is a high priority, which is consistent with state, regional, and national policies making housing available for persons of all income levels; and WHEREAS, the City’s General Plan 2021-2029 Housing Element, specifically Implementing Program 2.6 of the Housing Element Policy and Implementation Plan, contemplates the City exploring amendments to applicable CVMC Sections to allow residential development for lower income households as a by right use for CPF lands, and, as a public benefit in the context of the CVMC; and WHEREAS, on December 14, 2022, the Planning Commission first considered this item as part of a broader Code Update package but declined to take action on the item as part of its 7-0-0 approval because more information was needed for future consideration to make a fully informed decision, including an existing and planned CPF lands inventory and map; and WHEREAS, the proposed legislative action was reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the action qualifies for the “common sense” exemption under CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including the modification of permitted uses and process streamlining for Community Purpose Facilities. Thus, no further environmental review is required; and WHEREAS, the CPF Ordinance shall supersede all sectional planning area plan CPF regulations until said policy documents are amended for consistency with the Ordinance; and Page 20 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Planning Commission Resolution August 12, 2026 Page 2 WHEREAS, a hearing time and place was set by the Planning Commission to consider the CVMC amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least twenty (20) calendar days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the Planning Commission held a duly noticed public hearing on August 12, 2026, to consider said CVMC amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the City Council of the City of Chula Vista adopt the proposed amendments to CVMC Sections 19.04.002, 19.48.025, and 19.48.040 regarding allowable uses and the process to approve Community Purpose Facilities within the Planned Community Zone. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City Council of the City of Chula Vista find that the proposed amendments to the Chula Vista Municipal Code identified in this Resolution qualify for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including the modification of permitted uses and process streamlining for Community Purpose Facilities. Thus, no further environmental review is required. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council. Presented by Approved as to form By: Roy Sapa’u Marco A. Verdugo Deputy City Manager/ City Attorney Director of Development Services PASSED AND RECOMMENDED CITY COUNCIL APPROVE BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of August 2026, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Rodrigo Leal, Chair ATTEST: _______________________ Mariluz Zepeda, Secretary Page 21 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 1 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTIONS 19.04.002, 19.48.025, AND 19.48.040 REGARDING ALLOWABLE USES AND PROCESS IMPROVEMENTS TO APPROVE COMMUNITY PURPOSE FACILITIES WITHIN THE PLANNED COMMUNITY ZONE WHEREAS, necessary amendments to the Chula Vista Municipal Code (CVMC) have been identified to help further streamline and clarify permit processes/regulations; and WHEREAS, on April 23, 1991, the City Council approved the Community Purpose Facilities (CPF) Ordinance, establishing standards and regulations requiring developers to set aside land in the Planned Community (P-C) zone, for community-serving uses in centrally located areas, thereby establishing a neighborhood’s identity to support its character and general welfare; and WHEREAS, on October 28, 1993, the City of Chula Vista (“City”) and County of San Diego approved the Otay Ranch General Development Plan (GDP), dictating the future development of the Otay Ranch Villages as implemented through SPA plans, which further required land for CPF to be dedicated for religious, fraternal, civic, human service, and charitable organizations; and WHEREAS, to achieve a balanced community, the construction and provision of affordable housing is a high priority, which is consistent with state, regional and national policies making housing available for persons of all income levels; and WHEREAS, the City’s General Plan 2021-2029 Housing Element, specifically Implementing Program 2.6 of the Housing Element Policy and Implementation Plan, contemplates the City exploring amendments to applicable CVMC Sections to allow residential development for lower income households as a by right use for CPF lands, and, as a public benefit in the context of the CVMC; and WHEREAS, on December 14, 2022, the Planning Commission first considered this item as part of a broader Code Update package but declined to take action on the item as part of its 7-0-0 approval because more information was needed for future consideration to make a fully informed decision, including an existing and planned CPF lands inventory and map; and WHEREAS, the proposed legislative action was reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the action qualifies for the “common sense” exemption under CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including the modification of permitted uses and process streamlining for Community Purpose Facilities. Thus, no further environmental review is required; and WHEREAS City staff recommends that the City Council approve and adopt the Ordinance with the proposed changes to CVMC; and WHEREAS, this CPF Ordinance shall supersede all sectional planning area plan CPF regulations until said policy documents are amended for consistency with this Ordinance; and WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the Planning Commission held a duly noticed public hearing on August 12, 2026, to consider Page 22 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 2 said CVMC amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS, the Planning Commission held a public hearing on the subject Ordinance on August 12, 2026, and voted **** to adopt Resolution No. 2026-***, and thereby recommends that the City Council adopt the Ordinance; and WHEREAS, the City Council set the time and place for a hearing on the subject CVMC amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least twenty (20) calendar days prior to the hearing; and WHEREAS, after review and consideration of the Planning Commission Resolution No. 2026-***, and the Staff Report and related materials for this matter, the City Council hearing was held to consider said CVMC amendments and Ordinance at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed. NOW THEREFORE the City Council of the City of Chula Vista does hereby find and ordain as follows: The City Council of the City of Chula Vista finds that the proposed amendments to the CVMC are identified in this Ordinance No. qualifies for the “common sense” exemption under CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including the modification of permitted uses and process streamlining for Community Purpose Facilities. Thus, no further environmental review is required. FURTHER, the Chula Vista Municipal Code is hereby amended as follows: 19.04.002 Definitions and construction of terms generally. [The preceding definitions remain unchanged.] “Community purpose facility” means a land use designation in a planned community intended for nonprofit and certain for-profit land uses as listed in CVMC Section 19.48.025(CD). [The remaining definitions remain unchanged.] 19.48.025 Community purpose facilities – Minimum acreage required – Permitted uses. A. All land in each P-C zone, or any section thereof, shall provide adequate land designated as “community purpose facilities (CPF),” as defined in CVMC Section 19.04.002, to serve the residents of the planned community. B. Applicant shall provide a total of 1.39 acres of net useable land (including setbacks) per 1,000 population in a graded, useable condition with necessary access and utilities available for CPF in the associated planned community, and such land shall be so designated for community purpose facilities . The required CPF acreage shall be calculated at the discretion of t he City using the most current United States Census Bureau American Community Survey or most recent Census data , California Department of Finance Housing Unit Method, and/or San Diego Association of Governments Regional Growth Forecast. Such land shall be designated for CPF and for CPF land uses in perpetuity in the Field Code Changed Page 23 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 3 sectional planning area (SPA) plan(s) and planned community district regulations of each planned community prior to the approval of the SPA plan. The total acreage requirement may be reduced only if the City Council determines, in conjunction with its adoption of an SPA plan, that: and/or SPA plan amendment. C. Any reduction in the total CPF acreage requirement shall occur only if the City Council determines, in conjunction with its adoption of a n SPA plan or associated SPA plan amendment, that: 1. Availability of Shared Parking. Based on availability of shared parking with other facilities, a lesser amount of land is needed. Such reduction in land shall not exceed the equivalent necessary for the number of parking spaces acquired through the shared parking arrangement. Any shared parking arrangements pursuant to this section shall be guaranteed regardless of any future changes in occupancy of facilities; or 2. Extraordinary Public Benefit. Subject to the discretion of the Development Service Director and recommendation from the Planning Commission, CPF acreage may be reduced subject to the following requirements: a. The reduction in CPF acreage is accompanied by an extraordinary public benefit not otherwise obtained through the provision of CPF acreage. b. The public benefit is similar in nature to and satisfies the goals of CPF requirement by providing the community with land on which a public service, determined by the City Council to be essential to part of the community fabric, for which land would not otherwise be available, is provided and made available to the community. c. The extraordinary public benefit is guaranteed in perpetuity. d. At the time of the consideration by the Planning Commission, theThe applicant has executed a binding agreement, reviewed and approved as to form by the City Attorney, which ensures the provision of the extraordinary public benefit in perpetuity; or 3. Alternative Compliance. Subject to the discretion of the Development Service Director and recommendation from the Planning Commission, anAn alternative compliance mechanism (e.g., providing square footage within a building that will accommodate CPF uses or constructing a facility for CPF use) may be approved, provided such alternative mechanismit meets all of the following requirements: a. The City Council finds that theThe alternative compliance mechanism proposed is equivalent to the provision of the CPF acreage otherwise required by this subsection (B). b. The alternative meets the definition of a CPF use in subsection (C) of this section as defined in CVMC Section 19.04.002. c. The alternative compliance mechanism is guaranteed in perpetuity. d. At the time of the consideration by the Planning Commission, theThe applicant has executed a binding agreement, reviewed and approved as to form by the City Attorney, which ensures the availability of the alternative compliance mechanism in perpetuity. Formatted: Indent: Left: 0.29", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Page 24 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 4 C. D. The required CPF acreage shall have a CPF, community purpose facilities, land use designation. All of the following uses are permitted on CPF lands. Development of said uses may be subject to approval of a conditional use permit:additional permits, which shall be processed in accordance with the adopted SPA plan regulations. 1. Boy Scouts, Girl Scouts, and other similar Youth serving organizations; 2. Social and human service activities, such as Alcoholics Anonymousmeeting places for substance abuse recovery programs, or similar uses to serve specialized populations; 3. Services for homeless. Emergency shelters people experiencing homelessness. Emergency shelters for the homeless may be allowed subject to and in accordance with the provisions of CVMC 19.58.110 or 19.58.143 Section 19.58.110 or CVMC Section 19.58.143, as may be applicable; 4. Services for military personnel during the holidays; 5. 4. Affordable housing developments meeting the criteria of subsection E, below, and subject to an updated Public Facilities Financing Plan and updated Fiscal Impact Analysis. Any affordable housing projects used to meet CPF obligations must be in addition to the affordable housing requirements of CVMC Section 19.91 (Inclusionary Housing). 5. Federally Qualified Health Centers and Clinics, or similar uses to serve specialized populations; Services for military personnel during the holidays; 6. Senior care and recreationResidential Facility; 6. Worship, 7. Places of worship and spiritual growth and development, and teaching of traditional family values; 7. Nonprofit or for-profit day care facilities that are ancillary to any of the above or as a prim ary use. For-profit facilities as primary use are subject to further requirements and additional criteria as outlined in subsection (F) of this section; 8. Private schools that are ancillary to any of the above; 9. 8. Day care facilities; 9. Private schools (Pre-school, K-12, vocational/trade, college/university); 10. Interim uses, for no more than five years, subject to the findings outlined in subsection (E) (G) of this section; 11. Public recreational facilities 10. Recreational facilities, such as ball fields, for nonprofit organizations (including homeowners associations) serving the local community, subject to the requirements outlined in CVMC Section 19.48.040(B)(6)(d) and subject to the findings outlined in subsection (HF) of this section. Recreational facilities proposed for CPF credit shall not receive park or open space credit. Formatted: Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Indent: Left: 0.29", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Indent: Left: 0.29", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Page 25 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 5 D. Criteria outlining the siting, property development standards, and operational parameters such as location, building setbacks, maintenance and design, and hours of operation for the CPF use, shall be incorporated into the SPA’s planned community district regul ations. E. Applications for affordable housing developments on CPF lands shall provide evidence determined to be sufficient by the City that the proposed facility meets the following minimum requirements: 1. Projects must be constructed directly on CPF lands; 2. Projects must be developed at a minimum density of 30 dwelling units per acre subject to the development standards of zones with a density of 25 dwelling units per acre or more ; 3. One hundred percent (100%) of units, exclusive of units reserved for st aff, shall be restricted as Low-Income Units, as defined in CVMC Section 19.91.030. Low-Income Units, as defined, are inclusive of units restricted to Very Low or Extremely Low-Income Households and rented at an Affordable Rent. The units shall be restricted for a minimum term of fifty-five (55) years for rental developments, or forty-five (45) years for for-sale developments. The property owner shall demonstrate compliance with the provisions of this section prior to the expiration of the restricted term. 4. Applicants shall execute an Affordability Agreement, as defined in CVMC Section 19.91.030, to be recorded in the Official Records of San Diego County. E. Findings. Approval of interim uses on CPF-designated sites shall require that the approval authority make certain findings, as outlined herein: 1. Conditional Interim Uses. The City Council, with recommendations from the Planning Commission, may approve a conditional use permit for an interim use in accordance with the procedures for issuance of a said permit as outlined in Chapter 19.14 CVMC provided the following findings are made: a. That the CPF land use designation was established at least three years prior to the consideration of any interim use, and the applicant agrees to continue marketing the site for permanent CPF use concurrent with the interim use. b. That the interim use is not a residential use. c. That the interim use is compatible with surroundi ng land uses. d. That a community purpose facility (CPF) use is not imminent at the time the application for the conditional use permit is filed. e. That the interim use will terminate within five years of issuance of said permit unless the City Council provides one year’s notice of intent to terminate said conditional use permit. f. That the denial of the interim use would constitute a hardship to the landowner. g. That if the interim use structure is designed as a permanent building, the site design, floor plan and building design is planned as a conceptual component of a permanent, permitted CPF use complex. F. Findings. Approval of for-profit day care facilities as a primary use shall be based upon evidence determined to be sufficient by the City indicating that the CPF site has been marketed for a period of Formatted: Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Page 26 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 6 five years for CPF land uses (other than for-profit day care) as defined in subsection (C) of this section. The Director of Planning and Building may waive this time restriction if the remaining CPF acreage within the same SPA plan consists of at least four contiguous acres. G. Review by City Council. For each approved sectional planning area plan on which is designated one or more community purpose facility uses, the City Council shall review said plan annually for the purpose of determining the actual market interest in the purchase or lease of said land so designated and the marketing activity associated therewith. HF. Findings. Approval of recreational facilities Recreational facilities used for CPF lands shall be based upon evidence determined to be sufficient by the City that the proposed recreational City, that the proposed facility meets the following minimum requirements: 1. The site should be no less than 0.5 usable acres in si ze (usable means level areas with maximum slope of 5:1). 2. The recreational facility is compatible with the surrounding land uses. 3. A recreational facility located on a parcel of less than one acre will contain the following recreational amenities: a. One multi-purpose hard court; b. Children play area; c. Community gathering place; d. An outdoor cooking facility; and e. Level lawn area. f. Other recreational facilities determined to be suitable for the constituency this facility is intended to serve, all as determined by the Director of Development Services, or designee. 4. Recreational facilities located on one-acre parcels or larger will contain all the amenities listed in subsection (HF)(3) of this section plus one or more of the following sport court/fields: a. Tennis court; b. Swimming pool; c. Full size sport court/field; or d. Other sport facilities determined to be suitable for the neighborhoodconstituency this facility is intended to serve, all as determined by the Zoning AdministratorDirector of Development Services, or designee. Recreational facilities proposed for full or partial fulfillment of the CPF creditobligation shall either contain the facilities as set forth in this section or alternative recreationa l facilities as approved by the Zoning Administrator. Director of Development Services, or designee.(Ord. 3442 § 2(M), 2018; Ord. 3301 § 1, 2014; Ord. 2883 § 5, 2002; Ord. 2830 § 5, 2001; Ord. 2732 § 5, 1998). Formatted: List Paragraph, Indent: Left: 0", First line: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.31" + Indent at: 0.56", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Indent: Left: 0.58", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Indent: Left: 0.5", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Page 27 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 7 G. Interim uses on CPF-designated sites shall require that the Zoning Administrator make certain findings, as outlined herein: 1. Conditional Interim Uses. The Zoning Administrator may administratively approve a conditional use permit for an interim use in accordance with the procedures for issuance of a said permit as outlined in CVMC Chapter 19.14 provided the additional findings below are made: a. The applicant agrees to continue marketing the site for permanent CPF use concurrent with the interim use. b. The applicant is responsible for all costs associated with improvements for the interim use. c. That the interim use is not a residential use. d. That the interim use is compatible with surrounding land uses. e. That a CPF use is not imminent at the time the application for the conditional use permit is filed. H. Review by City Manager, or designee. For each approved sectional planning area (SPA) plan on which is designated one or more CPF uses, the City Manager, or designee, shall review said SPA plan annually for the purpose of determining the actual market interest in the purchase or lease of said land so designated and the marketing activity associated therewith. 19.48.040 Application – General development plan required – Contents required. [The preceding subsections remain unchanged.] B.6.d. Recreational facility land uses shall not utilize more than 35 percent of the overall CPF acreage required for CPF master plan area. Sites identified for recreational facilities in CPF land districts shall be a minimum one-half acre, and shall meet the minimum development criteria outlined in CVMC Section 19.48.025(HF). Recreational facilities proposed for CPF credit will not receive park or open space credit. Where recreational facilities are proposed to be located in CPF land use districts, a CPF master plan is required. The master plan shall show the specific bound aries of said plan which may be the SPA, GDP or planned community boundaries (or more than one GDP as deemed appropriate by the Director of Development Services, or designee); the distribution of existing and proposed CPF designated parcels within the master plan area; and the tabulation of individual sites acreages which shall be prepared and incorporated into the planned community’s sectional planning area (SPA) plan and into the Ggeneral Ddevelopment Pplan (GDP) if the CPF master plan involves more than one SPA plan. The incorporation of the CPF master plan into the SPA or GDP shall be done through a SPA or GDP amendment/adoption pursuant to CVMC Sections 19.48.090 and 19.48.130. (Ord. 3544 § 1, 2023; Ord. 2883 § 5, 2002; Ord. 2830 § 5, 2001; Ord. 2732 § 5, 1998; Ord. 2506 § 1, 1992; Ord. 2452A § 3, 1991; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978; Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.520(C)(1)). [The remaining subsections remain unchanged.] Page 28 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 8 Section VIII. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IX. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section X. Effective Date This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final passage. Section XI. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form By: Roy Sapa’u Marco Verdugo Deputy City Manager/ City Attorney Director of Development Services Page 29 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 1 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTIONS 19.04.002, 19.48.025, AND 19.48.040 REGARDING ALLOWABLE USES AND PROCESS IMPROVEMENTS TO APPROVE COMMUNITY PURPOSE FACILITIES WITHIN THE PLANNED COMMUNITY ZONE WHEREAS, necessary amendments to the Chula Vista Municipal Code (CVMC) have been identified to help further streamline and clarify permit processes/regulations; and WHEREAS, on April 23, 1991, the City Council approved the Community Purpose Facilities (CPF) Ordinance, establishing standards and regulations requiring developers to set aside land in the Planned Community (P-C) zone, for community-serving uses in centrally located areas, thereby establishing a neighborhood’s identity to support its character and general welfare; and WHEREAS, on October 28, 1993, the City of Chula Vista (“City”) and County of San Diego approved the Otay Ranch General Development Plan (GDP), dictating the future development of the Otay Ranch Villages as implemented through SPA plans, which further required land for CPF to be dedicated for religious, fraternal, civic, human service, and charitable organizations; and WHEREAS, to achieve a balanced community, the construction and provision of affordable housing is a high priority, which is consistent with state, regional and national policies making housing available for persons of all income levels; and WHEREAS, the City’s General Plan 2021-2029 Housing Element, specifically Implementing Program 2.6 of the Housing Element Policy and Implementation Plan, contemplates the City exploring amendments to applicable CVMC Sections to allow residential development for lower income households as a by right use for CPF lands, and, as a public benefit in the context of the CVMC; and WHEREAS, on December 14, 2022, the Planning Commission first considered this item as part of a broader Code Update package but declined to take action on the ite m as part of its 7-0-0 approval because more information was needed for future consideration to make a fully informed decision, including an existing and planned CPF lands inventory and map; and WHEREAS, the proposed legislative action was reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the action qualifies for the “common sense” exemption under CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including the modification of permitted uses and process streamlining for Community Purpose Facilities. Thus, no further environmental review is required; and WHEREAS City staff recommends that the City Council approve and adopt the Ordinance with the proposed changes to CVMC; and WHEREAS, this CPF Ordinance shall supersede all sectional planning area plan CPF regulations until said policy documents are amended for consistency with this Ordinance; and WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the Planning Commission held a duly noticed public hearing on August 12, 2026, to consider Page 30 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 2 said CVMC amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS, the Planning Commission held a public hearing on the subject Ordinance on August 12, 2026, and voted **** to adopt Resolution No. 2026-***, and thereby recommends that the City Council adopt the Ordinance; and WHEREAS, the City Council set the time and place for a hearing on the subject CVMC amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least twenty (20) calendar days prior to the hearing; and WHEREAS, after review and consideration of the Planning Commission Resolution No. 2026-***, and the Staff Report and related materials for this matter, the City Council hearing was held to consider said CVMC amendments and Ordinance at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed. NOW THEREFORE the City Council of the City of Chula Vista does hereby find and ordain as follows: The City Council of the City of Chula Vista finds that the proposed amendments to the CVMC are identified in this Ordinance No. qualifies for the “common sense” exemption under CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including the modification of permitted uses and process streamlining for Community Purpose Facilities. Thus, no further environmental review is required. FURTHER, the Chula Vista Municipal Code is hereby amended as follows: 19.04.002 Definitions and construction of terms generally. [The preceding definitions remain unchanged.] “Community purpose facility” means a land use designation in a planned community intended for nonprofit and certain for-profit land uses as listed in CVMC Section 19.48.025(D). [The remaining definitions remain unchanged.] 19.48.025 Community purpose facilities – Minimum acreage required – Permitted uses. A. All land in each P-C zone, or any section thereof, shall provide adequate land designated as “community purpose facilities (CPF),” as defined in CVMC Section 19.04.002, to serve the residents of the planned community. B. Applicant shall provide a total of 1.39 acres of net useable land (including setbacks) per 1,000 population in a graded, useable condition with necessary access and utilities available for CPF in the associated planned community. The required CPF acreage shall be calculated at the discretion of the City using the most current United States Census Bureau American Community Survey or most recent Census data, California Department of Finance Housing Unit Method, and/or San Diego Association of Governments Regional Growth Forecast. Such land shall be designated for CPF and for CPF land uses Page 31 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 3 in perpetuity in the sectional planning area (SPA) plan(s) and planned community district regulations of each planned community prior to the approval of the SPA plan and/or SPA plan amendment. C. Any reduction in the total CPF acreage requirement shall occur only if the City Council determines, in conjunction with its adoption of an SPA plan or associated SPA plan amendment, that: 1. Availability of Shared Parking. Based on availability of shared parking with other facilities, a lesser amount of land is needed. Such reduction in land shall not exceed the equivalent necessary for the number of parking spaces acquired through the shared parking arrangement. Any shared parking arrangements pursuant to this section shall be guaranteed regardless of any future changes in occupancy of facilities; or 2. Extraordinary Public Benefit. CPF acreage may be reduced subject to the following requirements: a. The reduction in CPF acreage is accompanied by an extraordinary public benefit not otherwise obtained through the provision of CPF acreage. b. The public benefit is similar in nature to and satisfies the goals of CPF requirement by providing the community with land on which a public service, determined by the City Council to be essential to part of the community fabric, for which land would not otherwise be available, is provided and made available to the community. c. The extraordinary public benefit is guaranteed in perpetuity. d. The applicant has executed a binding agreement, reviewed and approved as to form by the City Attorney, which ensures the provision of the extraordinary public benefit in perpetuity; or 3. Alternative Compliance. An alternative compliance mechanism may be approved, provided it meets all of the following requirements: a. The alternative compliance mechanism proposed is equivalent to the provision of the CPF acreage otherwise required by subsection (B). b. The alternative meets the definition of a CPF use as defined in CVMC Section 19.04.002. c. The alternative compliance mechanism is guaranteed in perpetuity. d. The applicant has executed a binding agreement, reviewed and approved as to form by the City Attorney, which ensures the availability of the alternative compliance mechanism in perpetuity. D. The following uses are permitted on CPF lands. Development of said uses may be subject to additional permits, which shall be processed in accordance with the adopted SPA plan regulations. 1. Youth serving organizations; 2. Social and human service activities, such as meeting places for substance abuse recovery programs, or similar uses to serve specialized populations; Page 32 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 4 3. Services for people experiencing homelessness. Emergency shelters for the homeless may be allowed subject to and in accordance with the provisions of CVMC Section 19.58.110 or CVMC Section 19.58.143, as may be applicable; 4. Affordable housing developments meeting the criteria of subsection E, below, and subject to an updated Public Facilities Financing Plan and updated Fiscal Impact Analysis. Any affordable housing projects used to meet CPF obligations must be in addition to the affordable housing requirements of CVMC Section 19.91 (Inclusionary Housing). 5. Federally Qualified Health Centers and Clinics, or similar uses to serve specialized populations; 6. Residential Facility; 7. Places of worship and spiritual growth; 8. Day care facilities; 9. Private schools (Pre-school, K-12, vocational/trade, college/university); 10. Interim uses, for no more than five years, subject to subsection (G) of this section; 11. Public recreational facilities serving the local community, subject to the requirements outlined in CVMC Section 19.48.040(B)(6)(d) and subject to subsection (F) of this section. Recreational facilities proposed for CPF credit shall not receive park or open space credit. Criteria outlining the siting, property development standards, and operational parameters such as location, building setbacks, maintenance and design, and hours of operation for the CPF use, shall be incorporated into the SPA’s planned community district regulations. E. Applications for affordable housing developments on CPF lands shall provide evidence determined to be sufficient by the City that the proposed facility meets the following minimum requirements: 1. Projects must be constructed directly on CPF lands; 2. Projects must be developed at a minimum density of 30 dwelling units per acre subject to the development standards of zones with a density of 25 dwelling units per acre or more; 3. One hundred percent (100%) of units, exclusive of units reserved for staff, shall be restricted as Low-Income Units, as defined in CVMC Section 19.91.030. Low-Income Units, as defined, are inclusive of units restricted to Very Low or Extremely Low-Income Households and rented at an Affordable Rent. The units shall be restricted for a minimum term of fifty-five (55) years for rental developments, or forty-five (45) years for for-sale developments. The property owner shall demonstrate compliance with the provisions of this section prior to the expiration of the restricted term. 4. Applicants shall execute an Affordability Agreement, as defined in CVMC Section 19.91.030, to be recorded in the Official Records of San Diego County. F. Recreational facilities used for CPF lands shall be based upon evidence determined to be sufficient by the City, that the proposed facility meets the following minimum requirements: Page 33 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 5 1. The site should be no less than 0.5 usable acres in size (usable means level areas with maximum slope of 5:1). 2. The recreational facility is compatible with the surrounding land uses. 3. A recreational facility located on a parcel of less than one acre will contain the following recreational amenities: a. One multi-purpose hard court; b. Children play area; c. Community gathering place; d. An outdoor cooking facility; and e. Level lawn area. f. Other recreational facilities determined to be suitable for the constituency this facility is intended to serve, all as determined by the Director of Development Services, or designee. 4. Recreational facilities located on one-acre parcels or larger will contain all the amenities listed in subsection (F)(3) of this section plus one or more of the following sport court/fields: a. Tennis court; b. Swimming pool; c. Full size sport court/field; or d. Other sport facilities determined to be suitable for the constituency this facility is intended to serve, all as determined by the Director of Development Services, or designee. Recreational facilities proposed for full or partial fulfillment of the CPF obligation shall either contain the facilities as set forth in this section or alternative recreational facilities as approved by the Director of Development Services, or designee. G. Interim uses on CPF-designated sites shall require that the Zoning Administrator make certain findings, as outlined herein: 1. Conditional Interim Uses. The Zoning Administrator may administratively approve a conditional use permit for an interim use in accordance with the procedures for issuance of a said permit as outlined in CVMC Chapter 19.14 provided the additional findings below are made: a. The applicant agrees to continue marketing the site for permanent CPF use concurrent with the interim use. b. The applicant is responsible for all costs associated with improvements for the interim use. c. That the interim use is not a residential use. Page 34 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 6 d. That the interim use is compatible with surrounding land uses. e. That a CPF use is not imminent at the time the application for the conditional use permit is filed. H. Review by City Manager, or designee. For each approved sectional planning area (SPA) plan on which is designated one or more CPF uses, the City Manager, or designee, shall review said SPA plan annually for the purpose of determining the actual market interest in the purchase or lease of said land so designated and the marketing activity associated therewith. 19.48.040 Application – General development plan required – Contents required. [The preceding subsections remain unchanged.] B.6.d. Recreational facility land uses shall not utilize more than 35 percent of the overall CPF acreage required for CPF master plan area. Sites identified for recreational facilities in CPF land districts shall be a minimum one-half acre, and shall meet the minimum development criteria outlined in CVMC Section 19.48.025(F). Recreational facilities proposed for CPF credit will not receive park or open space credit. Where recreational facilities are proposed to be located in CPF land use districts, a CPF master plan is required. The master plan shall show the specific boundaries of said plan which may be the SPA, GDP or planned community boundaries (or more than one GDP as deemed appropriate by the Director of Development Services, or designee); the distribution of existing and proposed CPF designated parcels within the master plan area; and the tabulation of individual sites acreages which shall be prepared and incorporated into the planned community’s sectional planning area (SPA) plan and into the General Development Plan (GDP) if the CPF master plan involves more than one SPA plan. The incorporation of the CPF master plan into the SPA or GDP shall be done through a SPA or GDP amendment/adoption pursuant to CVMC Sections 19.48.090 and 19.48.130. (Ord. 3544 § 1, 2023; Ord. 2883 § 5, 2002; Ord. 2830 § 5, 2001; Ord. 2732 § 5, 1998; Ord. 2506 § 1, 1992; Ord. 2452A § 3, 1991; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978; Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.520(C)(1)). [The remaining subsections remain unchanged.] Section VIII. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IX. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Page 35 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 7 Section X. Effective Date This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final passage. Section XI. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form By: Roy Sapa’u Marco Verdugo Deputy City Manager/ City Attorney Director of Development Services Page 36 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda - Existing Page 37 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Attachment 5 – Future Planned CPF Sites Page 38 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Page 39 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Page 40 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Page 41 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Page 42 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Page 43 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Page 44 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Page 45 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Planning Commission Item 6.1 Community Purpose Facilities (CPF) Code Amendment August 12, 2026 Heritage Park Swim Club Page 46 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda CPF Ordinance History •April 23, 1991: Approved by City Council (Ordinance No. 2452A) •Purpose:To create community-serving uses in centrally located areas in establishing a neighborhood’s identity, and to support its character and general welfare. •Established standards and regulations that required developers to set aside land in Planned Community (P-C) zone, for community-oriented uses benefiting the immediate community. •Amendments: Ordinance has been amended five times since its original adoption. The Pasea Retirement Community 2 Page 47 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Otay Ranch General Development Plan (GDP) •October 28, 1993:Approved by City Council and County of San Diego 2452A) •Purpose:Dictating Future development of the Otay Ranch Villages as implemented through Sectional Planning Area (SPA) Plans. •The GDP and subsequent SPAs established land requirements for CPF to be dedicated for religious, fraternal, civic, human service, and charitable organizations. Otay Ranch Village Three North SPA Plan –Site Utilization 3 Page 48 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda General Plan Housing Element •September 13, 2022 –Adopted by City Council. •Implementing Program 2.6 of the Housing Element Policy and Implementation Plan requires the City to explore amendments to applicable Chula Vista Municipal Code (CVMC) Sections to allow residential development for lower income households as a by right use for CPF lands and as a public benefit in the context of CVMC. •December 2022: City staff originally presented to the Planning Commission a proposed amendment to the CPF Ordinance. Today’s recommended action, along with subsequent consideration by the City Council, will satisfy Housing Element Implementing Program 2.6. 4 Page 49 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda CPF Ordinance Implementation •First 20 years: Development within the P-C zone, including within the Otay Ranch GDP, CPF obligation satisfied wholly utilizing options under CVMC 19.48.025. •Early developments provided uses in accordance with permitted CPF uses, more financial and market challenges recently in meeting the CPF land obligation. •Last 10-15 years: Alternative compliance provisions more frequently utilized to meet the CPF obligations. •Allows for a reduction in the total CPF acreage obligation through shared parking agreements, an extraordinary public benefit determination, or an equivalent alternative compliance mechanism. 5 Page 50 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Prior Planning Commission Review •December 14, 2022: Proposed amendment to the CPF Ordinance was presented to the Planning Commission as part of a broader Code Update package included: •Add affordable housing as an allowed use and •Give expanded discretion to the City Manager’s Office and Director of Development Services to approve alternative compliance mechanisms for CPF-designated lands. •Commissioner Comments: Focused on reduced oversight of both the Planning Commission and City Council on CPF decisions/uses, specifically by adding affordable housing as a permitted use. •Requested inventory of existing and planned CPF sites and obligations to make a fully informed decision on the matter. 7 Page 51 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Proposed CPF Ordinance Amendments •Revisions to CVMC Section 19.48.025: •Further description of how a CPF is defined and calculated, what uses are permitted, minimum criteria for certain permitted uses, what alternative compliance mechanisms are available, and the approval process for interim uses. •CPF uses are now permitted by right, rather than through a Conditional Use Permit. Development of the permitted uses may be subject to additional permits, which will be processed in accordance with the adopted SPA plan regulations. •Affordable housing developments have been added as a permitted use. •Lower income units to be specifically constructed and subject to an updated Public Facilities Financing Plan and updated Fiscal Impact Analysis. •CPF affordable housing development is in addition to the requirements of CVMC Section 19.91 (Inclusionary Housing). •Execution of an Affordability Agreement to ensure the rent/income levels are maintained for fifty- five (55) years for rental developments or forty-five (45) years for for-sale developments. 7 Page 52 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Proposed CPF Ordinance Amendments (Cont’d.) •Approval authority for conditional interim uses delegated from the City Council with recommendation from Planning Commission, to the Zoning Administrator. Interim uses would only continue to be allowed following approval of the SPA Plan or SPA Plan amendment by Planning Commission and City Council. •Annual SPA plan review has been delegated from the City Council to the City Manager or designee. •Revisions to CMVC Sections 19.04.002 and 19.48.040, respectively, include correcting the CVMC reference to the allowed CPF uses from the CPF definition and correcting the CVMC reference to the minimum development criteria for public recreational facilities from the minimum land area required for such facilities. 8 Page 53 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda That the City Council adopt an ordinance amending Chula Vista Municipal Code (CVMC) Sections 19.04.200, 19.48.025, and 19.48.040 regarding Community Purpose Facilities. RECOMMENDATION City of Chula Vista Page 54 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda v . 0 0 1 P a g e | 1 August 12, 2026 ITEM TITLE Continuation of Public Hearing Recommending City Council Approve an Outdoor Dining Ordinance Location: Citywide. Department: Development Services and Economic Development G.C. § 84308 Regulations Apply: Yes. Environmental Notice: The project qualifies for a Categorical Exemption pursuant to California Environmental Quality Act Guidelines Section 15301 (Existing Facilities), Section 15303 (New Construction or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), and Section 15311 (Accessory Structures). Recommended Action Conduct a public hearing and recommend the City Council of the City of Chula Vista adopt an ordinance amending Chula Vista Municipal Code (CVMC) Title 19 (Planning and Zoning) to add Chapter 19.59 (Outdoor Dining Regulations) and recommend the City Council adopt a resolution to establish fees associated with Outdoor Dining Facilities within the public right-of-way. SUMMARY The proposed ordinance establishes a permanent regulatory framework for Outdoor Dining Facilities within the public right-of-way, specifically Sidewalk Cafes and Pocket Patios, through an objective ministerial encroachment permit process. The Outdoor Dining ordinance (“Ordinance”) is intended to support pedestrian-oriented commercial activity, activate commercial corridors, and promote economic vitality by encouraging outdoor dining opportunities throughout the City of Chula Vista (“City”). The proposed regulations establish clear standards related to accessibility, public safety, operations, maintenance, design, and use of the public right-of-way to ensure compatibility with surrounding public infrastructure, businesses, and pedestrian circulation. The proposed Ordinance also establishes authority for permitting, permit renewal, and public right-of-way occupancy fees associated with Outdoor Dining Facilities, with specific fee amounts proposed for adoption by separate City Council resolution. HOUSING IMPACT STATEMENT No housing units are proposed as part of the Project, and any commercial structures will be located within the public right-of-way, not on private property. Page 55 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 2 ENVIRONMENTAL REVIEW The proposed project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines: Section 15301 (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; Section 15303 (New Construction or Conversion of Small Structures), which consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equi pment and facilities in small structures; and the conversion of existing small structures from one use to anther where only minor modifications are made in the exterior of the structure; Section 15304 (Minor Alterations to Land), which consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes; and Section 15311 (Accessory Structures), which consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities; and where the exceptions listed in State CEQA Guidelines Section 15300.2 would not apply in that no cumulative impacts were identified, no significant effects on the environment were identified, the project is not adjacent to a scenic highway, no historical resources would be affected by the action, and the project was not identified on a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code. Thus, no further environmental review is required. DISCUSSION Background At its previous public hearing on May 27, 2026, the Planning Commission was asked to consider an Outdoor Dining Ordinance to allow for Sidewalk Cafes and Pocket Patios citywide (Attachment 1). The Planning Commission continued its consideration of the proposed Ordinance and requested staff return with additional information regarding: 1) potential parking revenue impacts associated with Pocket Patios; 2) transparency related to associate fees; 3) additional safety measures to reduce conflicts between vehicular traffic and Pocket Patio users; 4) additional data regarding business owners desire for Pocket Patios; and 5) zoning limitations for permitting the co-existence of both Sidewalk Cafes and Pocket Patios and whether the ordinance should establish areas where one or both facility types are permitted. The following information responds to those requests. Parking Revenue Impacts Pocket Patios may temporarily convert metered parking spaces to outdoor dining use. Based on current parking meter revenues, each metered parking space on Third Avenue generates approximately $4 per day, or approximately $1,460 annually. Because Pocket Patios are voluntary and market-driven, the actual reduction in parking revenue will depend on the number and location of permits approved. Under the proposed ordinance, Pocket Patios are limited to three (3) per side of each block, with each Pocket Patio occupying no more than three (3) parking spaces. Assuming maximum buildout along the five-block Third Avenue corridor, up to 90 metered parking spaces could be converted, resulting in an estimated maximum annual parking revenue reduction of approximately $131,400. Actual impacts are expected to Page 56 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 3 range from $0 to approximately $131,400 annually, depending on the number of Pocket Patios approved. The proposed Parking Revenue Recovery Fee is intended to offset the projected loss of parking meter revenue associated with the temporary conversion of public parking spaces to outdoor dining use. Fee Comparison The proposed Public Right-of-Way Occupancy Fee and Parking Revenue Recovery Fee are intended to recover the value of the exclusive commercial use of the public right-of-way and the parking meter revenue displaced by the temporary conversion of public parking spaces to outdoor dining. These fees do not constitute rent and do not convey any property interest, leasehold, or tenancy rights. The proposed permit fees are administrative fees established to recover the City's costs associated with processing, issuing, and administering the permit program. For context only, current retail asking rents in the San Diego region reported by CBRE and Collier for the first quarter of 2026 (Attachments X & Y) range from $2.34 to $3.25 per square foot per month, with an average asking rent of $2.80 per square foot per month (triple net). Although these private commercial lease rates are not directly comparable to the City's occupancy fees, they provide a reasonable market benchmark demonstrating that the proposed occupancy costs are generally consistent with current retail occupancy costs in the region. Outdoor Dining Occupancy Cost Comparison Pocket Patio (660 sq. ft., Three Metered Parking Spaces) Fee Monthly Amount Monthly Cost per Sq. Ft. Public Right-of-Way Occupancy Fee $1,320.00 $2.00 Parking Revenue Recovery Fee $365.00 $0.55 Total $1,685.00 $2.55 Sidewalk Café Fee Monthly Amount Monthly Cost per Sq. Ft. Public Right-of-Way Occupancy Fee $1.00 per sq. ft. $1.00 Parking Revenue Recovery Fee Not Applicable $0.00 Total $1.00 per sq. ft. $1.00 Assuming a Pocket Patio occupying the maximum area permitted under the proposed ordinance of three (3) standard parking spaces (11 feet by 20 feet each), or approximately 660 square feet, the proposed Public Right-of-Way Occupancy Fee and Parking Revenue Recovery Fee equate to an effective occupancy cost of approximately $2.55 per square foot per month, excluding permit fees. When the annual permit fee is amortized over a 12-month period, the effective occupancy cost is approximately $2.71 per square foot per month, which remains generally consistent with the regional retail asking rents reported by CBRE. Safety Features The proposed ordinance contains objective safety standards intended to promote public safety, and to reduce potential conflicts between Pocket Patios and adjacent vehicular traffic. These standards include minimum setbacks from intersections, driveways, transit facilities, bicycle lanes, fire hydrants, utilities, and storm drain Page 57 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 4 facilities; restrictions on locations where Pocket Patios may be installed; minimum clearances from travel lanes and adjacent parking spaces; emergency access openings; accessibility requirements; visibility standards; and design requirements for platforms, railings, drainage, and pedestrian circulation. In addition, Pocket Patios are subject to building permit review and inspection for compliance with the California Building Code, which ensures the structural safety of the platform, railings, and associated improvements, as well as compliance with applicable accessibility requirements. In response to the safety concerns raised by the Planning Commission, staff revised the proposed ordinance to require Pocket Patio permit plans to demonstrate compliance with the ordinance's roadway safety and design standards and to identify the roadway protection features incorporated into the proposed design. The revised ordinance also clarifies that highway-style concrete traffic barriers, including K-rail or similar barriers, are prohibited. Depending on the proposed design, roadway protection features may include integrated barriers, wheel stops, reflective delineators, vertical elements, or other approved protective features incorporated into the Pocket Patio. In addition, the ordinance limits Pocket Patios to three (3) per side of each block, helping preserve visibility along the streetscape, maintain clear sight lines for motorists, pedestrians, and bicyclists, and preserve emergency access. Exhibit 1 Business Interests Survey & Sidewalk Café and Pocket Patio Within Dedicated Zones The Economic Development Department conducted a citywide survey regarding outdoor dining and received responses from 191 residents and business representatives. Although participation was limited, the results indicate support among respondents for additional outdoor dining opportunities. Of approximately 180 respondents, sixty- two percent (62%) believed there were insufficient outdoor dining options in their area. Additionally, sixty-four percent (64%) supported allowing more Sidewalk Cafés, while another nineteen percent (19%) supported them where sidewalks are sufficiently wide. Fifty percent (50%) supported Page 58 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 5 converting parking spaces into Pocket Patios, and another twenty percent (20%) indicated their support would depend on the location and associated parking impacts. Respondents also emphasized the importance of appropriate operating standards, with ninety-six (96%) identifying clear requirements for safety, cleanliness, food handling, and trash removal as very important. These priorities are reflected in the proposed ordinance. As drafted, the ordinance does not prohibit an eligible business from operating both a Sidewalk Café and a Pocket Patio, provided each facility independently satisfies all applicable objective standards. Eligibility would depend on site-specific conditions, including sufficient sidewalk width to maintain the required accessible pedestrian path of travel, as illustrated in Exhibit 1. At its previous hearing, the Planning Commission discussed whether the ordinance should: (1) limit an eligible business to either a Sidewalk Café or a Pocket Patio, but not both; and (2) establish designated geographic areas in which each type of facility would be permitted. Staff has not incorporated these recommendations into the proposed ordinance because implementing them would require additional market analysis and evaluation of potential amendments to applicable specific plans and zoning regulations. The Planning Commission’s recommendations on both policy issues will be forwarded to the City Council for consideration. If directed by the City Council, staff would return with the additional analysis, proposed geographic framework, necessary regulatory amendments, and associated funding and resource requirements. CONCLUSION Outdoor dining contributes to pedestrian-oriented activity, supports active and vibrant commercial corridors, and enhances the economic vitality and character of business districts. The proposed ordinance establishes a balanced regulatory framework for Outdoor Dining Facilities within the public right-of-way by creating clear and objective standards related to public safety, accessibility, operations, maintenance, and design while supporting continued activation of the public realm and local businesses. The proposed fee structure is intended to recover the City’s administrative and operational costs associated with permitting, inspection, monitoring, and enforcement activities, while also providing fair compensation for the temporary private commercial use and occupation of public right-of-way areas. Accordingly, staff recommends that the Planning Commission recommend that the City Council approve the proposed ordinance amending the Chula Vista Municipal Code to add Chapter 19.59 establishing Outdoor Dining regulations, including standards and permitting procedures for Sidewalk Cafes and Pocket Patios within the public right-of way. Staff also recommends that the Planning Commission recommend to the City Council the approval of the requested fees for the administrative, occupancy, and revenue-recovery costs associated with the Sidewalk Cafes and Pocket Patios in the public right-of-way. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the Planning Commission members do not create a disqualifying real property- related financial conflict of interest under the California Political Reform Act (Cal. Gov’ t. Code Page 59 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 6 § 87100, et seq.). Staff is not independently aware and has not been informed by any Planning Commission member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. FISCAL IMPACT Pocket Patios may result in the temporary conversion of revenue generating parking spaces to outdoor dining use. Based on current parking meter revenue, each parking space along Third Avenue generates an average of approximately $1,460 annually in parking revenue. Because installation of Pocket Patios is voluntary and market-driven, the actual fiscal impact will depend on the number and location of permits approved. Accordingly, the estimated annual parking revenue reduction along Third Avenue could range from $0, if no Pocket Patios are installed, to approximately $131,400 annually, assuming the maximum permitted number of Pocket Patios under the ordinance (up to three Pocket Patios per block face on each side of the street). The proposed Parking Revenue Recovery Fee is intended to offset the estimated loss of parking meter revenue associated with the conversion of metered parking spaces to private outdoor dining use. ATTACHMENTS Attachment 1 - Redlined City Council Ordinance Attachment 2 - PC Staff Report – May 27, 2026 Attachment 3 – CBRE San Diego Retail Figures Q4 Attachment 4 – Collier San Diego Retail Market Report Q1 Resolution A (Outdoor Dining Regulations) Resolution B (Outdoor Dining Fees) Staff Contact: Mayra Medel, Principal Planner, Development Services Rebecca Bridgeford, Deputy Director, Development Services David Graham, Director of Economic Development Page 60 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Form Rev 9/30/2025 RESOLUTION NO. __________ RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING CITY COUNCIL ADOPT AMENDMENTS TO THE CHULA VISTA MUNICIPAL CODE CREATING CHAPTER 19.59 ESTABLISHING REGULATIONS FOR OUTDOOR DINING FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY, INCLUDING SIDEWALK CAFES AND POCKET PATIOS WHEREAS, the City of Chula Vista (“City”) has experienced consistent and increasing interest from businesses seeking to utilize portions of the public right-of-way for Outdoor Dining Facilities, particularly within pedestrian-oriented commercial districts and the Urban Core Specific Plan area; and WHEREAS, Outdoor Dining Facilities can support economic vitality, activate commercial corridors, enhance pedestrian-oriented environments, and support local businesses while providing additional dining opportunities for residents and visitors; and WHEREAS, the proposed ordinance establishes regulations governing Outdoor Dining Facilities within the public right-of-way, including Sidewalk Cafes and Pocket Patios, and establishes standards related to accessibility, public safety, emergency access, pedestrian circulation, design standards, operational requirements, maintenance, building permit requirements, insurance and indemnity requirements, permitting, permit fees, and enforcement authority; and WHEREAS, the proposed ordinance establishes objective standards intended to provide predictable and streamlined standards for applicants while maintaining accessibility, visibility, public safety, and operational compatibility with surrounding businesses and public infrastructure; and WHEREAS, the proposed ordinance includes requirements related to compliance with the Americans with Disabilities Act (ADA), California Building Code, California Code of Regulations Title 24, and other applicable federal, state, and local laws and regulations; and WHEREAS, the proposed ordinance establishes permit fees, right-of-way occupancy fees, and parking revenue recovery fees intended to offset administrative and operational impacts associated with Outdoor Dining Facilities occupying portions of the public right-of-way; and WHEREAS, the proposed legislative action has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the action qualifies for Categorical Exemption pursuant to CEQA Guidelines Section 15301 (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; Section 15303 (New Construction or Conversion of Small Structures), which consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from Page 61 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Resolution No. Page 2 one use to anther where only minor modifications are made in the exterior of the structure; Section 15304 (Minor Alterations to Land), which consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes; Section 15311 (Accessory Structures), which consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities; and where the exceptions listed in CEQA Guidelines Section 15300.2 would not apply in that no cumulative impacts were identified, no significant effects on the environment were identified, the project is not adjacent to a scenic highway, no historical resources would be affected by the action, and the project was not identified on a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code; and WHEREAS, a hearing time and place was set by the Planning Commission to consider the proposed Chula Vista Municipal Code amendments and notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the City at least twenty (20) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the Planning Commission held a duly noticed public hearing to consider the proposed Chula Vista Municipal Code amendments at the time and place as advertised at 6:00 p.m. on Wednesday, August 12, 2026, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the City Council of the City of Chula Vista adopt amendments to the Chula Vista Municipal Code establishing regulations for Outdoor Dining Facilities within the public right -of- way, including Sidewalk Cafes and Pocket Patios. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City Council of the City of Chula Vista find that the proposed amendments to the Chula Vista Municipal Code qualify for Categorical Exemptions pursuant to CEQA Guidelines Section 15301 (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; Section 15303 (New Construction or Conversion of Small Structures), which consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to anther where only minor modifications are made in the exterior of the structure; Section 15304 (Minor Alterations to Land), which consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes; Section 15311 (Accessory Structures), which consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities; and where the exceptions listed in CEQA Guidelines Section 15300.2 would not apply in that no cumulative impacts were identified, no significant effects on the environment were identified, the project is not adjacent to a scenic highway, no historical resources would be affected by the action, and the Page 62 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Resolution No. 2026- Page 3 project was not identified on a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council. Presented by Approved as to form by Roy Sapa’u Marco A. Verdugo Deputy City Manager/ City Attorney Director of Development Services PASSED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of August 2026 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Rodrigo Leal, Chair ATTEST: _______________________ Mariluz Zepeda, Secretary Page 63 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda RESOLUTION NO. __________ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ESTABLISHING FEES RELATED TO OUTDOOR DINING FACILITIES WITHIN THE PUBLIC RIGHT -OF- WAY, INCLUDING SIDEWALK CAFÉS AND POCKET PATIOS AND UPDATING THE MASTER FEE SCHEDULE WHEREAS, the City of Chula Vista (“City”) is considering adoption of regulations establishing standards and permitting procedures for Outdoor Dining Facilities within the public right-of-way, including Sidewalk Cafés and Pocket Patios; and WHEREAS, the proposed Outdoor Dining regulations establish a ministerial encroachment permit process for temporary use and occupation of portions of the public right -of- way associated with Outdoor Dining Facilities; and WHEREAS, the proposed fee structure is intended to recover the City’s reasonable administrative, operational, site eligibility inspection, enforcement, and permit processing costs associated with review and administration of Outdoor Dining Facilities within the public right-of- way; and WHEREAS, the proposed fee structure establishes Sidewalk Café and Pocket Patio initial permit fees intended to recover costs associated with application intake, interdepartmental review, engineering and accessibility review, permit preparation, inspection of site eligibility, and permit issuance; and WHEREAS, the proposed fee structure also establishes Public Right-of-Way Occupancy Fees intended to provide fair compensation to the City for the temporary private commercial use and occupation of public property; and WHEREAS, the proposed fee structure establishes Sidewalk Café and Pocket Patio Annual Renewal Fees intended to recover ongoing administrative and operational costs associated with permit monitoring, compliance verification, insurance review, inspections, complaint response, and enforcement activities; and WHEREAS, the proposed fee structure also establishes a Parking Revenue Recovery Fee intended to offset projected public parking revenue losses associated with conversion of parking spaces to Pocket Patios; and WHEREAS, the proposed fees structure includes Sidewalk Café and Pocket Patio permit fees, annual renewal fees, Public Right-of-Way Occupancy Fees, and Parking Revenue Recovery Fees where applicable; and WHEREAS, the proposed fees include:  Sidewalk Café Initial Permit Fee: $1,250;  Pocket Patio Initial Permit Fee: $3,500; Page 64 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Resolution No. Page 2  Sidewalk Café Public Right-of-Way Occupancy Fee: $1.00 per square foot per month;  Pocket Patio Public Right-of-Way Occupancy Fee: $2.00 per square foot per month;  Sidewalk Café Annual Renewal Fee: $500 annually;  Pocket Patio Annual Renewal Fee: $1,250 annually; and  Parking Revenue Recovery Fee based upon projected parking revenue loss, where applicable, annually; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed fees and related staff report and received and considered all oral and written testimony presented regarding the matter. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista, that it hereby recommends that the City Council adopt a resolution establishing fees associated with Outdoor Dining Facilities within the public right-of-way. BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula Vista that the proposed fee structure is reasonably related to the administrative, operational, inspection, enforcement, and public right-of-way occupancy impacts associated with Outdoor Dining Facilities. Presented by Approved as to form by Roy Sapa’u Marco A. Verdugo Deputy City Manager/ City Attorney Director of Development Services PASSED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of August 2026 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: __________________________ Rodrigo Leal, Chair ATTEST: _______________________ Mariluz Zepeda, Secretary Page 65 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda C:\Program Files\eSCRIBE\TEMP\14222790455\14222790455,,,Ordinance - Outdoor Dining.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TITLE 12 (STREETS AND SIDEWALKS), TITLE 15 (BUILDINGS AND CONSTRUCTION), AND TITLE 19 (PLANNING AND ZONING) TO ESTABLISH REGULATIONS FOR OUTDOOR DINING FACILITIES WITHIN THE PUBLIC RIGHT-OF- WAY, INCLUDING SIDEWALK CAFÉS AND POCKET PATIOS WHEREAS, the City of Chula Vista (“City”) has experienced increasing interest from businesses seeking to utilize portions of the public right-of-way for outdoor dining purposes, particularly within pedestrian-oriented commercial districts and the Urban Core area; and WHEREAS, Outdoor Dining Facilities can support economic vitality, activate commercial corridors, enhance pedestrian-oriented environments, and support local businesses while providing additional dining opportunities for residents and visitors; and WHEREAS, the proposed ordinance establishes regulations governing Outdoor Dining Facilities within the public right-of-way, including Sidewalk Cafés and Pocket Patios, and establishes standards related to permitting, design, operations, accessibility, maintenance, insurance, indemnity, public safety, fees, and enforcement; and WHEREAS, the proposed ordinance establishes objective standards intended to maintain pedestrian circulation, emergency access, accessibility compliance, visibility, public safety, and compatibility with surrounding uses and public infrastructure; and WHEREAS, the proposed ordinance includes requirements related to compliance with the Americans with Disabilities Act (ADA), California Building Code, California Code of Regulations Title 24, and other applicable federal, state, and local laws and regulations; and WHEREAS, the proposed legislative action has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the action qualifies for Categorical Exemption pursuant to CEQA Guidelines Section 15301 (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; Section 15303 (New Construction or Conversion of Small Structures), which consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to anther where only minor modifications are made in the exterior of the structure; Section 15304 (Minor Alterations to Land), which consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes; Section 15311 (Accessory Structures), which consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities; and where the exceptions listed in State CEQA Guidelines Section 15300.2 would not apply in that no cumulative impacts were identified, no significant effects on the environment were identified, the project is not adjacent to a scenic Page 66 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 2 highway, no historical resources would be affected by the action, and the project was not identified on a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code; and WHEREAS, City staff recommends that the City Council approve and adopt the Ordinance with the proposed amendments to the Chula Vista Municipal Code; and WHEREAS, after reviewing and consideration of the Staff Report and related materials for this matter, the Planning Commission held duly noticed public hearings on the subject Ordinance on May 27, 2026, and August 12, 2026, and voted ______ to adopt Resolution No. 2026-XX, and thereby recommends that the City Council adopt the Ordinance; and WHEREAS, the City Council set the time and place for a hearing on the subject Chula Vista Municipal Code amendments and notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the City at least t wenty (20) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the City Council held a duly noticed public hearing to consider the proposed Chula Vista Municipal Code amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the City Council, and the hearing was thereafter closed. NOW, THEREFORE the City Council of the City of Chula Vista does hereby find and ordain as follows: Section I. The purpose of this Ordinance is to establish consistent standards and permitting procedures for Outdoor Dining Facilities within the public right-of-way in order to support economic vitality while maintaining accessibility, pedestrian circulation, public safety, emergency access, visibility, and compatibility with surrounding uses and infrastructure. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Page 67 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 3 Section IV. Effective Date This Ordinance shall take effect and be in force on the 30th day after its final passage. Section V. Publication Chapter 19.59 Outdoor Dining Facilities Within the Public Right-of-Way Outdoor Dining Facilities 19.59.010 Purpose The purpose of this chapter is to establish requirements for Outdoor Dining Facilities located within the public right-of-way in the form of Pocket Patios and Sidewalk Cafes. Pocket Patios allow the temporary conversion of on-street parking spaces into outdoor dining areas that function as extensions of adjacent licensed businesses. Sidewalk Cafes allow portions of the sidewalk adjacent to licensed businesses to be temporarily used for outdoor dining areas. These requirements ensure that Outdoor Dining Facilities protect public health, safety, and welfare while maintaining adequate pedestrian circulation, public access, and public safety standards. These requirements also provide guidance to applicants for the design and management of their installations. Outdoor Dining Facilities, as defined within this chapter, are permitted in all zoning districts where eating and drinking establishments are permitted, subject to the following regulations. It is not the intent of this chapter to regulate outdoor eating and drinking establishment areas that are located on private property. 19.59.020 Outdoor Dining Definitions “ABC License” shall mean a liquor license issued by the California Department of Alcoholic Beverage Control that is legally required for any business, restaurant, bar, or retailer to manufacture, store, or sell alcoholic beverages in the state of California; “Outdoor Dining Facility(ies)” shall mean either a Sidewalk Cafe or Pocket Patio as defined in this chapter; “Outdoor Dining Encroachment Permit” shall mean a temporary, revocable, and non-exclusive authorization issued by the City for the occupancy and use of a portion of the public right-of-way for an Outdoor Dining Facility. An Outdoor Dining Encroachment Permit shall not create or confer any property right, leasehold interest, vested right, or exclusive right of use; “Pocket Patio” shall mean an outdoor space built on a platform structure that occupies one or more on-street parking spaces, incorporating elements such as seating, planting, shade, safety features, and/or lighting and is used for outdoor dining or eating associated with an adjacent food and/or beverage establishment. Page 68 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 4 “Sidewalk Cafes” shall mean temporary outdoor dining areas located within the sidewalk portion of the public right-of-way, associated with adjacent licensed eating and drinking establishments that combines elements such as seating, planting, shade, safety features, and/or lighting. 19.59.030 Outdoor Dining Encroachment Permit Required It shall be unlawful to construct, install, maintain, or operate an Outdoor Dining Facility within the public right-of-way without first obtaining an Outdoor Dining Encroachment Permit in accordance with this chapter, executing a Maintenance and Removal Agreement pursuant to CVMC Section 12.28.050, and paying all applicable fees established by resolution of the City Council. 19.59.040 Form and Conditions of the Encroachment Permit The Outdoor Dining Encroachment Permit issued shall be in a form provided by the Development Services Department and in compliance with CVMC Chapter 12.28 except as specified in this section. The area of encroachment shall be specifically limited to the area shown on an exhibit prepared by the applicant, approved by the Director of Development Services (or designee) and attached or made part of the permit. The Outdoor Dining Encroachment Permit shall also include an indemnification of the City from liability. Each Outdoor Dining Encroachment Permit issued shall be personal to the permittee and is not transferable, delegable, or assignable. Any attempted transfer, delegation, or assignment of the permit shall be void. In the event of a business transfer, a new permit application for the Outdoor Dining Encroachment Permit shall be submitted in accordance with this chapter. Additional conditions related to the design and operation of an Outdoor Dining Facility may be imposed prior to encroachment permit issuance at the sole discretion of the City. The Director of Development Services (or designee) and/or City Engineer may adopt and periodically update administrative design guidelines, standard details, and application materials consistent with this chapter. 19.59.050 Term Each encroachment permit for operation of an Outdoor Dining Facility shall expire two (2) years after the date of initial approval. An application for renewal shall be received by the City 30 days prior to the expiration date. 19.59.060 Outdoor Dining Facility Fees A. An application for an Outdoor Dining Encroachment Permit shall be accompanied by payment of all applicable application, permit, and plan review fees, inspection, and processing fees, as established by resolution of the City Council and/or Master Fee Schedule. The City shall not accept, deem complete, or process any application until all required application and initial processing fees have been paid. Such fees are separate from and in addition to any Use of Public Right-of-Way Fee, Parking Revenue Recovery Fee, Sewer Capacity Fee, or other fee, charge, or cost recovery amount otherwise authorized by this Code or applicable law. B. Use of Public Right-of-Way Fee. The Use of Public Right-of-Way Fee shall be established by resolution of the City Council and administered by the Director of Development Services or designee. The fee shall be calculated based upon the square footage of public right- of-way occupied or made unavailable for public use by an Outdoor Dining Facility and shall Page 69 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 5 include consideration of the temporary private commercial use of the public right-of-way, permit administration, inspections, and ongoing monitoring associated with the Outdoor Dining Encroachment Permit. 1. The Use of Public Right-of-Way Fee shall be due prior to permit issuance and thereafter 30 days prior to the date of permit renewal. 2. The Use of Public Right-of-Way Fee shall be adjusted annually on October 1st based on the greater of: a. Three percent (3%); or b. The percentage of increase in the Consumer Price Index for All Urban Consumers (CPI-U), San Diego-Carlsbad, as published by the United States Bureau of Labor Statistics. C. Outdoor Dining Facilities shall be subject to Sewer Capacity Fees in accordance with CVMC Section 13.14.090. D. Parking Revenue Recovery Fee. Where an Outdoor Dining Facility occupies or encroaches upon one or more existing metered parking spaces or other revenue-generating portions of the public right-of-way, the applicant shall pay a Parking Revenue Recovery Fee. The Parking Revenue Recovery Fee shall be calculated to recover the projected parking revenue foregone during the term of the Outdoor Dining Encroachment Permit based upon the parking meter rates established by resolution of the City Council, applicable parking utilization data, occupancy assumptions, and other relevant parking revenue information, as determined by the Director of Finance or designee. The Parking Revenue Recovery Fee shall be due at the time of permit issuance and upon permit renewal, as applicable. 19.59.070 Bond In addition to all other requirements and prior to issuance of the Outdoor Dining Encroachment Permit, the permittee shall post a bond in accordance with CVMC Section 12.28.080. 19.59.080 Liability and Insurance In addition to all other requirements and prior to issuance of the Outdoor Dining Encroachment Permit, the permittee shall provide insurance and indemnity to the City in accordance with CVMC Section 12.28.090 or at the discretion of the Director of Development Services and/or the City Engineer. 19.59.090 Outdoor Dining Requirements - Sidewalk Cafe A. Design requirements. Sidewalk Cafes shall comply with the following objective design and operational standards to the extent that they are consistent with state law, and subject to the following requirements: 1. Permit plans submitted for an Outdoor Dining Encroachment Permit shall demonstrate compliance with the roadway safety and design standards of this chapter, including all applicable setbacks, clearances, barriers, railings, visibility requirements, accessibility standards, and other design requirements. Permit plans shall identify any roadway protection features incorporated into the Pocket Patio design, including barriers, wheel stops, reflective delineators, vertical elements, or Page 70 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 6 similar protective features. K-rail, Jersey barriers, and similar precast concrete traffic barriers are prohibited as roadway protection features or design elements for an Outdoor Dining Facility. 2. A Sidewalk Cafe shall be located within the sidewalk area immediately adjacent to a street-level eating and drinking establishment. They shall be restricted to the length of the tenant space frontage, unless written consent is provided in writing from the adjacent/adjoining business and property owners that the Sidewalk Cafe would encroach in front of. 3. The area of a Sidewalk Cafe shall be delineated by a continuous barrier consisting of railings, fences, or a combination of railings and fences, and planter boxes that are 36 inches (3 feet) in height or less. Solid walls are not permitted. Installation of barriers is subject to an encroachment permit. 4. Barriers associated with a Sidewalk Café may be movable or permanently installed. All barriers shall be secured or affixed in accordance with applicable City standards while the Sidewalk Café is in operation. Permit plans submitted for an Outdoor Dining Encroachment Permit shall identify the proposed barrier type and method of securing or attachment to the public right-of-way. Permanently installed barriers and any associated anchoring or attachment to the public right-of-way shall comply with applicable encroachment permit and construction requirements. 5. A clear, transparent, shatterproof glass or similar material may be used on top of the 3-foot-tall barrier to enclose the Sidewalk Cafe to minimize windy or cold climatic conditions. The height of the Sidewalk Cafe barrier plus the clear enclosure shall not exceed 60 inches (5 feet). Chain-link fencing, cyclone fencing, chicken wire, fabric inserts, pallets, tires, temporary containers, or similar improvised materials shall be prohibited. 6. Landscaping, planters, barriers, furnishings, or other design elements located along the perimeter of a Sidewalk Cafe shall be designed and maintained to preserve visibility into and out of the outdoor dining area for public safety and pedestrian awareness. No perimeter element or combination of elements above forty-two (42) inches shall create a continuous opaque visual barrier or reduce transparency below fifty percent (50%). 7. Awnings or umbrellas may be used in conjunction with a Sidewalk Cafe, but shall not be used as a permanent roof or shelter over the Sidewalk Cafe area. Umbrellas shall not encroach beyond the barrier and the required accessible path of travel. 8. If awnings are attached to the main building, they shall be secured in accordance with the California Building Code and shall be subject to a building permit and inspections by the Building Official prior to occupancy of a Sidewalk Cafe. 9. Building owner approval must be provided at time of application for installation of item onto private property. 10. The name and type of establishment may be placed on the valance of an awning with an overhang not lower than eighty-four (84) inches from the finished grade of the sidewalk and shall not conflict with awnings, lighting, or plantings. Other signs are not permitted on a Sidewalk Cafe. 11. No freestanding signs, banners, promotional displays, or fence-mounted signage shall be permitted within a Sidewalk Cafe unless otherwise expressly authorized by this Code. Page 71 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 7 12. The interior of a Sidewalk Cafe shall consist solely of moveable furnishings, including moveable tables, chairs, service trolleys, landscape planters, and umbrellas. At no time shall Sidewalk Cafe be used for temporary or long-term storage of any items other than those stated herein. 13. Planting may be placed in movable planters inside a delineated Sidewalk Cafe area adjacent to the barrier. Planters may not exceed a height of thirty-six (36) inches above the level of the sidewalk. Plant material may not exceed a height of seventy- two (72) inches above the level of the sidewalk and shall be maintained in a safe and healthy condition. Artificial plants, empty planters, or planters with filler material are strictly prohibited. 14. No portion of a Sidewalk Cafe may be located in front of an adjacent ground floor commercial use unless the property owners and first floor tenants of the affected commercial lease spaces provide a notarized letter of permission and approved by the Development Services Director (or designee). 15. Lighting fixtures may be permanently affixed to the front of the associated eating and drinking establishment but shall not protrude into the pedestrian path. 16. Outdoor Dining Facilities and associated furnishings shall be maintained in good visual and operational condition, free from visible deterioration, rust, corrosion, peeling paint, tears, or other evidence of disrepair. 17. Accessibility. A Sidewalk Cafe shall be designed, constructed, maintained, and operated in compliance with all applicable federal, state, and local accessibility laws and regulations, including but not limited to the Americans with Disabilities Act (ADA) and California Code of Regulations, Title 24. Sidewalk Cafes shall maintain accessible paths of travel, accessible seating, and clear pedestrian circulation in a manner that provides safe and equitable access for persons with disabilities. No Sidewalk Cafe shall obstruct or interfere with required accessibility features, pedestrian access, or use of the public right-of-way. Where the requirements of this section conflict with applicable accessibility laws or building standards, the more restrictive requirement shall apply. B. Clear Path of Travel. 1. A clear path, free of all obstructions to the flow of pedestrian traffic, shall be provided in the public right-of-way and shall be maintained at all times. Obstructions include, but are not limited to, trash receptacles, tables, chairs, benches, heaters, trees, gates that open outward, shades, umbrellas, or similar objects as determined by the Director of Development Services and/or City Engineer. 2. The clear path shall be a continuous linear paved sidewalk, avoiding any zig zag configuration, and shall maintain a continuous common surface and minimum width required by the California Building Code, the Americans with Disabilities Act (ADA), or other applicable accessibility regulation at the time of permit approval that provides a direct route of travel past the Sidewalk Café. 3. The clear path shall be measured from the outermost point of the Sidewalk Cafe, including any barriers, to the edge of the sidewalk adjoining the curb or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter. 4. Recesses in the building facade shall not be used to satisfy the clear path requirement. Page 72 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 8 5. An unobstructed path of ingress and egress travel with a minimum four (4) foot width that leads occupants directly from exit doors to the public right-of-way shall be required for a Sidewalk Cafe and associated eating and drinking establishment. C. Permit Regulations. 1. The dimensions of a Sidewalk Cafe shall be delineated on a site plan and documented in the associated encroachment permit. 2. Maintain a minimum unobstructed path of travel required by the California Building Code, the Americans with Disabilities Act (ADA), or other applicable accessibility regulation at the time of permit approval shall be maintained at all times. 3. Maintain a minimum clear space of twenty-four (24) inches on both sides of the accessible entrance to the building. 4. Provide at least one accessible seating space for every twenty (20) seats or fraction thereof. 5. Accessible seating spaces must be thirty-six (36) inches wide by forty-eight (48) inches deep; and be connected by an unobstructed accessible route at least thirty-six (36) inches in width. 6. Ensure an unobstructed path between all exit doors and the public right-of-way. 7. Only tables, chairs, refuse containers, service trolleys, umbrellas, barriers, and landscaping planters approved as part of the Outdoor Dining Encroachment Permit may be located within the Sidewalk Cafe. 8. Comply with all City regulations and State of California Department of Alcoholic Beverage Control license requirements. 9. Tables, chairs, and other movable furnishings shall be removed or secured outside of approved hours of operation of the associated business. 10. Outdoor cooking and preparation of food is prohibited. 11. Commercial signage shall be prohibited on tables, chairs, barriers, umbrellas, or other furnishings associated with a Sidewalk Café. 12. Existing public infrastructure, utilities, streetscape improvements, landscaping, signage, drainage facilities, accessibility features, or other public improvements within the public right-of-way shall not be altered, damaged, obstructed, or removed except as expressly authorized by the City 13. Prior to occupancy, a Sidewalk Cafe shall be subject to inspection by the City to verify compliance with applicable permit conditions and all applicable regulations. 14. Sidewalk Cafés shall be subject to periodic inspection to ensure continued compliance with this Chapter and applicable permit conditions. D. Operational requirements. 1. A Sidewalk Cafe shall only be used for dining, drinking, and circulation, and shall operate only in conjunction with an adjacent licensed eating and drinking establishment. 2. A Sidewalk Cafe may provide either waiter/waitress service or self-service. 3. The sidewalk within, and adjacent to, the Sidewalk Cafe shall be clean and free of litter at all times. Page 73 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 9 4. The permit holder shall be responsible for maintaining the Sidewalk Cafe. Maintenance shall include posting of the name, phone number, and email address of the person responsible for the Sidewalk Cafe in a location visible from the public right-of-way, keeping the Sidewalk Cafe free of litter, and preventing litter attributable to the Sidewalk Cafe from entering adjacent properties within the public right-of-way. 5. Sidewalk Cafe areas shall be maintained in a clean, sanitary condition including regular cleaning of tables, chairs, and eating areas, and changing of trash and food collection areas. All food waste must be immediately removed during operational hours and at end of operation and disposed of appropriately. Additionally, all areas shall be cleaned at the end of every use including removal of all food and waste items, mopping, cleaning tables and chairs, and generally maintaining in a manner that will encourage a pest (vertebrate and invertebrate) free environment. 6. Trash, service stations, or storage areas shall not be located on or adjacent to the public right-of-way. 7. Live entertainment, music, and/or amplified sound shall not be operated or used within a Sidewalk Cafe. 8. Televisions, video displays, projection screens, digital displays, or other devices used for the reproduction or display of video, images, or similar visual media shall not be installed, operated, or maintained within a Sidewalk Cafe where such display is visible from the public right-of-way or creates visual impacts, nuisances, or disturbances to adjacent properties or businesses. 9. The sale of beer or other alcoholic beverages for consumption in the Sidewalk Café shall be subject to all conditions of approval identified in the Conditional Use Permit and State Department of Alcoholic Beverage Control (ABC) License for the associated licensed eating and drinking establishment. 10. The hours of operation of a Sidewalk Cafe shall be limited to the hours that the kitchen facilities of the associated eating and drinking establishment are open for meal ordering. Alcohol, food, or beverages shall not be served or permitted within the Sidewalk Cafe after 10:00 p.m. Sunday through Thursday, and after 11:00 p.m. Friday through Saturday or as allowed by the primary business establishment’s approved CUP, whichever is more restrictive. 11. Smoking or vaping is not permitted within a Sidewalk Cafe at any time. For purposes of this section, the terms smoke, smoking, vape, and vaping have the same meanings as in CVMC Chapter 8.22. 12. Outdoor cooking and preparation of food within the Sidewalk Cafe is prohibited. 13. Portable heaters, if provided, shall be located a minimum of 48 inches (4 feet) away from the exterior face of the building and from any combustible materials, including architectural projections, plant material, or in accordance with manufacturer recommendations, whichever is most restrictive. 14. No water or debris may intentionally or passively enter the areas outside the Sidewalk Cafe boundary or impact the public sidewalk, storm drains, or street. 15. A copy of the approved ABC license and encroachment permit for a Sidewalk Cafe shall be posted on the premises of the associated eating and drinking establishment. Page 74 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 10 E. Inspections. Inspections shall be performed to ensure full compliance with approved plans and applicable codes and standards. F. Enforcement of Violations. 1. The general enforcement of Sidewalk Cafe regulations, permit conditions, maintenance obligations, operational requirements, accessibility standards, and encroachments within the public right-of-way area located between the property line and the curb shall fall within the purview of the Code Enforcement Division and/or Public Works Department, as applicable. Nothing herein shall limit the authority of the Police Department to enforce compliance with the terms and conditions of any Outdoor Dining Permit, encroachment permit, or applicable law regulating the use or operation of Sidewalk Cafe. Violation of any provision of this chapter is subject to enforcement pursuant to the provisions of CVMC Chapters 1.20 through 1.41. 2. Permits issued in accordance with this chapter may be revoked at any time deemed necessary by the Director of Development Services. 3. Revocation of a permit may be appealed pursuant to CVMC Chapter 1.40. 4. Any encroachment for which a permit is required and for which no permit has been issued pursuant to this chapter shall be deemed a public nuisance which may be abated as provided in the CVMC. 19.59.100 Outdoor Dining Requirements - Pocket Patios A. Location Requirements. 1. Pocket Patios shall be located adjacent to eating and drinking establishments at the following locations: a. Within the curb lane where parking spaces exist adjacent to the front of an eating and drinking establishment. b. At least twenty (20) feet away from an intersection, street corner, alley, or a driveway; and c. Along curbs painted yellow or green, non-painted curbs, or motorcycle parking areas. 2. Pocket Patios shall not be allowed at the following locations: a. Along a street segment with a speed limit greater than 30 miles per hour. b. Along a curb painted red, white, or blue. c. Within or adjacent to an alley. d. Within five (5) feet from a vehicular travel lane. e. Adjacent to a Metropolitan Transit System (MTS) bus lane. f. Less than twenty (20) feet from any MTS bus stop, transit shelter, or designated passenger loading area. g. Within an existing bike lane or within a proposed bike lane project identified in any comprehensive bicycle plan or adopted land use plan. h. Within five (5) feet of storm drain inlets or cleanouts. i. Over utility access panels, manhole covers, handholes, transformers, water meters or water valves, or any operational facility. j. Within five (5) feet of a fire hydrant and any emergency equipment. Page 75 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 11 k. Within five (5) feet of any natural gas or electric utility facility, including the perimeter of any manholes, handholes or vaults, and any surface-level structures such as natural gas meters, monitors, pressure regulators, protection stations, poles, curbside electric meters, transformers or green utility boxes. 3. Each Pocket Patio shall occupy no more than three (3) parking spaces. 4. Only three (3) Pocket Patios are allowed per each side of each block. 5. Removal of on-street parking spaces to construct Pocket Patios shall comply with the following: a. On-street accessible parking spaces provided in accordance with Title 24 of the California Code of Regulations (California Building Standards Code) shall not be removed for the construction of a Pocket Patio. b. The dimensions of a Pocket Patio shall be delineated on a site plan and documented in the associated Outdoor Dining Encroachment Permit. B. Operational Requirements. 1. The sale of beer or other alcoholic beverages for consumption in the Pocket Patio shall be subject to all conditions of approval of the Conditional Use Permit and State Department of Alcoholic Beverage Control (ABC) License for the associated licensed eating and drinking establishment. 2. The hours of operation of a Pocket Patio shall be limited to the hours that the associated eating and drinking establishments are open for business. Alcohol, food, or beverages shall not be served or permitted within the Pocket Patio after 10:00 p.m. Sunday through Thursday, and after 11:00 p.m. Friday through Saturday or as allowed by the primary business establishment’s previously approved CUP, whichever is more restrictive. 3. Pocket Patios shall comply with all State of California Department of Alcoholic Beverage Control Boards approved license requirements, as applicable. 4. Smoking and vaping shall not be permitted within the Pocket Patio. For purposes of this section, the terms smoke, smoking, vape, and vaping have the same meanings as in CVMC Chapter 8.22. 5. Live entertainment, music, and/or amplified sound shall not be operated or used within a Pocket Patio. 6. Televisions, video displays, projection screens, digital displays, or other devices used for the reproduction or display of video, images, or similar visual media shall not be installed, operated, or maintained within a Pocket Patio where such display is visible from the public right-of-way or creates visual impacts, nuisances, or disturbances to adjacent properties or businesses. 7. Outdoor cooking and food preparation within the Pocket Patio is prohibited. 8. Trash, service stations, or storage areas shall not be located on or adjacent to the public right-of-way. C. Maintenance. 1. The permit holder shall be responsible for maintaining the Pocket Patio. Maintenance shall include posting of the name, phone number, and email address of the person responsible for the Pocket Patio in a location visible from the public right-of-way, Page 76 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 12 keeping the Pocket Patio free of litter, and preventing litter attributable to the Pocket Patio from entering adjacent properties within the public right-of-way. 2. Pocket Patio areas shall be maintained in a clean, sanitary condition including regular cleaning of tables, chairs, and eating areas, and changing of trash and food collection areas. 3. All food waste must be immediately removed during operational hours and at end of operation and disposed of appropriately. 4. All areas shall be cleaned at the end of every use including removal of all food and waste items, mopping, cleaning tables and chairs, and generally maintaining in a manner that will encourage a pest (vertebrate and invertebrate) free environment. 5. Tables, chairs, and other movable furnishings shall be removed or secured outside of approved hours of operation of the associated business. 6. No water or debris may intentionally or passively enter the areas outside the Pocket Patio boundary or impact the public sidewalk, storm drains, or street. D. Design Requirements. Pocket Patios shall be designed in accordance with the current California Building Code and meet the following regulations to the satisfaction of the Director of Development Services and/or City Engineer: 1. Permit plans submitted for an Outdoor Dining Encroachment Permit shall identify the roadway protection measures proposed to separate the Pocket Patio from adjacent vehicular traffic. Depending upon site conditions, roadway protection measures may include protective barriers, wheel stops, reflective delineators, vertical elements or other traffic safety features, as determined appropriate by the City Engineer. 2. Pocket Patios shall be designed as an extension of the sidewalk with at least one minimum forty-eight (48) inches wide entry for every ten (10) feet of Pocket Patio along the curbside edge. 3. The width of the Pocket Patio shall not extend within twenty (24) inches of the edge of the street travel lane. 4. A Pocket Patio shall maintain a minimum setback of at least thirty-six (36) inches horizontal clearance from adjacent vehicle parking spaces. 5. The deck of the Pocket Patio platform shall be flush with the sidewalk. 6. Bolting into the street or penetrating into the surface of the road shall not be permitted. 7. A minimum thirty-six (36) inch wide emergency access gap with horizontal and vertical clearance shall be required for every twenty (20) feet of the Pocket Patio or adjacent Pocket Patios or other structures in the parking lane. 8. A continuous unobstructed accessible pedestrian circulation path shall be maintained adjacent to the Pocket Patio in compliance with applicable American with Disabilities Act (ADA) and California Building Code accessibility requirements. 9. Drainage. a. Pocket Patios shall not impede the flow of curbside drainage. b. A minimum clear gutter space of eight (8) inches from the curb edge by six (6) inches in height shall be provided along the entire length of the Pocket Patio adjacent to the curb. c. The drainage area between the curb and the platform shall remain clear of debris and maintains proper drainage at all times. Page 77 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 13 d. The areas beneath the platform shall be maintained to be free of debris and litter. 10. A minimum forty-two (42) inch high railing shall be placed at the edge of the Pocket Patio adjacent to a vehicular travel lane. Chain-link fencing, cyclone fencing, chicken wire, fabric inserts, pallets, tires, temporary containers, or similar improvised materials shall be prohibited. 11. No horizontal or vertical structure, furnishing, screening element, planter, barrier, extension, or other appurtenance exceeding forty-two (42) inches in height above the surface of the Pocket Patio shall be installed along the street facing edge of the Pocket Patio, except for stanchions, vertical poles, or similar support elements necessary to provide permitted lighting. All street-facing barriers shall maintain visibility into and out of the Pocket Patio for public safety and traffic awareness. 12. Umbrellas with an overhang of a minimum of eighty-four (84) inches from the finished grade of the Pocket Patio platform (floor) may be used in conjunction with a Pocket Patio, but no permanent roof or shelter is permitted over the Pocket Patio. The canopy of the umbrella shall be contained within the Pocket Patio and shall not protrude outside of the barrier or railing of the Pocket Patio. 13. Solar powered lights shall be permitted but electrical lighting elements that contain wires that cross the clear path of travel shall be prohibited. 14. The placement of the name and type of establishment on umbrellas is not allowed. Signs other than that required herein shall not be permitted on a Pocket Patio. 15. No freestanding signs, banners, promotional displays, or fence-mounted signage shall be permitted within a Pocket Patio. E. Accessibility. Pocket Patios shall be designed, constructed, maintained, and operated in compliance with all applicable federal, state, and local accessibility laws and regulations, including but not limited to the Americans with Disabilities Act (ADA) and California Code of Regulations, Title 24. Pocket Patios shall maintain accessible paths of travel, accessible seating, and clear pedestrian circulation in a manner that provides safe and equitable access for persons with disabilities. Pocket Patios shall not obstruct or interfere with required accessibility features, pedestrian access or use of the public right-of-way. Where the requirements of this section conflict with applicable accessibility laws or building standards, the more restrictive requirement shall apply. F. Inspections. Inspections may be performed to ensure full compliance with approved plans and applicable codes and standards. G. Enforcement of Violations - Appeal of Encroachment Permit Denial or Revocation. 1. The general enforcement of Pocket Patio regulations, permit conditions, maintenance obligations, operational requirements, accessibility standards, and authorized encroachments associated with a permitted Pocket Patio shall fall within the purview of the Code Enforcement Division and/or Public Works Department. 2. Enforcement authority granted to the Code Enforcement Division and/or Public Works Department under this section shall be limited to compliance with the Outdoor Dining Encroachment Permit, and applicable operational, accessibility, and maintenance requirements, and shall not include parking enforcement, traffic enforcement, vehicle code enforcement, or general policing activities within the public right-of-way. Page 78 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 14 3. The Police Department shall retain primary enforcement authority over traffic operations, parking regulations, vehicle-related violations, emergency access, and public safety matters occurring within the street area of the public right-of-way. Nothing herein shall limit the authority of the Police Department to enforce the terms and conditions of an Outdoor Dining Encroachment Permit, or other applicable permit or approval associated with a Pocket Patio. 4. The State Department of Alcoholic Beverage Control shall retain enforcement authority over violations pertaining to the business’s issued alcoholic beverage license, including but not limited to beverage handling and service hours of operation. 5. It shall be unlawful for any person to violate any provision, or to fail to comply with the requirements of this chapter and any such violations are subject to enforcement according to CVMC Chapters 1.20 through 1.41. Permits issued in accordance with this chapter may be modified, suspended, or revoked at any time deemed necessary by the Director of Development Services. 6. Any revocation of a permit may be appealed pursuant to CVMC Chapter 1.40. 7. Any encroachment for which a permit is required and for which no permit has been issued pursuant to this chapter shall be deemed a public nuisance. Such violations may be abated by civil action or pursuant to applicable administrative abatement procedures. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Roy Sapa’u Marco A. Verdugo Deputy City Manager/ City Attorney Director of Development Services Page 79 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda https://chulavistaca-my.sharepoint.com/personal/rbridgeford_chulavistaca_gov/Documents/Desktop/Economic Development/2026-07-22 Redo Outdoor Dining/2026- 07-28 Draft City Council Ordinance.docxH:\Attorney\Ordinance-Standard-5-25-12.doc ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TITLE 12 (STREETS AND SIDEWALKS), TITLE 15 (BUILDINGS AND CONSTRUCTION), AND TITLE 19 (PLANNING AND ZONING) TO ESTABLISH REGULATIONS FOR OUTDOOR DINING FACILITIES WITHIN THE PUBLIC RIGHT-OF- WAY, INCLUDING SIDEWALK CAFÉS AND POCKET PATIOS WHEREAS, the City of Chula Vista (“City”) has experienced increasing interest from businesses seeking to utilize portions of the public right-of-way for outdoor dining purposes, particularly within pedestrian-oriented commercial districts and the Urban Core area; and WHEREAS, Outdoor Dining Facilities can support economic vitality, activate commercial corridors, enhance pedestrian-oriented environments, and support local businesses while providing additional dining opportunities for residents and visitors; and WHEREAS, the proposed ordinance establishes regulations governing Outdoor Dining Facilities within the public right-of-way, including Sidewalk Cafés and Pocket Patios, and establishes standards related to permitting, design, operations, accessibility, maintenance, insurance, indemnity, public safety, fees, and enforcement; and WHEREAS, the proposed ordinance establishes objective standards intended to maintain pedestrian circulation, emergency access, accessibility compliance, visibility, public safety, and compatibility with surrounding uses and public infrastructure; and WHEREAS, the proposed ordinance includes requirements related to compliance with the Americans with Disabilities Act (ADA), California Building Code, California Code of Regulations Title 24, and other applicable federal, state, and local laws and regulations; and WHEREAS, the proposed legislative action has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the action qualifies for Categorical Exemption pursuant to CEQA Guidelines Section 15301 (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; Section 15303 (New Construction or Conversion of Small Structures), which consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to anther where only minor modifications are made in the exterior of the structure; Section 15304 (Minor Alterations to Land), which consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes; Section 15311 (Accessory Structures), which consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities; and where the exceptions listed in State CEQA Guidelines Section 15300.2 would not apply in that no cumulative impacts were identified, no significant effects on the environment were identified, the project is not adjacent to a scenic Page 80 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 2 highway, no historical resources would be affected by the action, and the project was not identified on a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code; and WHEREAS, City staff recommends that the City Council approve and adopt the Ordinance with the proposed amendments to the Chula Vista Municipal Code; and WHEREAS, after reviewing and consideration of the Staff Report and related materials for this matter, the Planning Commission held a duly noticed public hearing on the subject Ordinance and voted ______ to adopt Resolution No. 2026-XX, and thereby recommends that the City Council adopt the Ordinance; and WHEREAS, the City Council set the time and place for a hearing on the subject Chula Vista Municipal Code amendments and notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the City at least twenty (20) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the City Council held a duly noticed public hearing to consider the proposed Chula Vista Municipal Code amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the City Council, and the hearing was thereafter closed. NOW, THEREFORE the City Council of the City of Chula Vista does hereby find and ordain as follows: Section I. The purpose of this Ordinance is to establish consistent standards and permitting procedures for Outdoor Dining Facilities within the public right-of-way in order to support economic vitality while maintaining accessibility, pedestrian circulation, public safety, emergency access, visibility, and compatibility with surrounding uses and infrastructure. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date Page 81 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 3 This Ordinance shall take effect and be in force on the 30th day after its final passage. Section V. Publication Chapter 19.59 Outdoor Dining Facilities Within the Public Right-of-Way Outdoor Dining Facilities 19.59.010 Purpose The purpose of this chapter is to establish requirements for Outdoor Dining Facilities located within the public right-of-way in the form of Pocket Patios and Sidewalk Cafes. Pocket Patios allow the temporary conversion of on-street parking spaces into outdoor dining areas that function as extensions of adjacent licensed businesses. Sidewalk Cafes allow portions of the sidewalk adjacent to licensed businesses to be temporarily used for outdoor dining areas. These requirements ensure that Outdoor Dining Facilities protect public health, safety, and welfare while maintaining adequate pedestrian circulation, public access, and public safety standards. These requirements also provide guidance to applicants for the design and management of their installations. Outdoor Dining Facilities, as defined within this chapter, are permitted in all zoning districts where eating and drinking establishments are permitted, subject to the following regulations. It is not the intent of this chapter to regulate outdoor eating and drinking establishment areas that are located on private property. 19.59.020 Outdoor Dining Definitions “ABC License” shall mean a liquor license issued by the California Department of Alcoholic Beverage Control that is legally required for any business, restaurant, bar, or retailer to manufacture, store, or sell alcoholic beverages in the state of California; “Outdoor Dining Facility(ies)” shall mean either a Sidewalk Cafe or Pocket Patio as defined in this chapter; “Outdoor Dining Encroachment Permit” shall mean a temporary, revocable, and non-exclusive authorization issued by the City for the occupancy and use of a portion of the public right-of-way for an Outdoor Dining Facility. An Outdoor Dining Encroachment Permit shall not create or confer any property right, leasehold interest, vested right, or exclusive right of use; “Pocket Patio” shall mean an outdoor space built on a platform structure that occupies one or more on-street parking spaces, incorporating elements such as seating, planting, shade, safety features, and/or lighting and is used for outdoor dining or eating associated with an adjacent food and/or beverage establishment. “Sidewalk Cafes” shall mean temporary outdoor dining areas located within the sidewalk portion of the public right-of-way, associated with adjacent licensed eating and drinking establishments that combines elements such as seating, planting, shade, safety features, and/or lighting. Page 82 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 4 19.59.030 Outdoor Dining Encroachment Permit Required It shall be unlawful to construct, install, maintain, or operate an Outdoor Dining Facility within the public right-of-way without first obtaining an Outdoor Dining Encroachment Permit in accordance with this chapter, executing a Maintenance and Removal Agreement pursuant to CVMC Section 12.28.050, and paying all applicable fees established by resolution of the City Council. 19.59.040 Form and Conditions of the Encroachment Permit The Outdoor Dining Encroachment Permit issued shall be in a form provided by the Development Services Department and in compliance with CVMC Chapter 12.28 except as specified in this section. The area of encroachment shall be specifically limited to the area shown on an exhibit prepared by the applicant, approved by the Director of Development Services (or designee) and attached or made part of the permit. The Outdoor Dining Encroachment Permit shall also include an indemnification of the City from liability. Each Outdoor Dining Encroachment Permit issued shall be personal to the permittee and is not transferable, delegable, or assignable. Any attempted transfer, delegation, or assignment of the permit shall be void. In the event of a business transfer, a new permit application for the Outdoor Dining Encroachment Permit shall be submitted in accordance with this chapter. Additional conditions related to the design and operation of an Outdoor Dining Facility may be imposed prior to encroachment permit issuance at the sole discretion of the City. The Director of Development Services (or designee) and/or City Engineer may adopt and periodically update administrative design guidelines, standard details, and application materials consistent with this chapter. 19.59.050 Term Each encroachment permit for operation of an Outdoor Dining Facility shall expire two (2) years after the date of initial approval. An application for renewal shall be received by the City 30 days prior to the expiration date. 19.59.060 Outdoor Dining Facility Fees A. An application for an Outdoor Dining Encroachment Permit shall be accompanied by payment of all applicable application, permit, and plan review fees, inspection, and processing fees, as established by resolution of the City Council and/or Master Fee Schedule. The City shall not accept, deem complete, or process any application until all required application and initial processing fees have been paid. Such fees are separate from and in addition to any Use of Public Right-of-Way Fee, Parking Revenue Recovery Fee, Sewer Capacity Fee, or other fee, charge, or cost recovery amount otherwise authorized by this Code or applicable law. B. Use of Public Right-of-Way Fee. The Use of Public Right-of-Way Fee shall be established by resolution of the City Council and administered by the Director of Development Services or designee. The fee shall be calculated based upon the square footage of public right- of-way occupied or made unavailable for public use by an Outdoor Dining Facility and shall include consideration of the temporary private commercial use of the public right-of-way, permit administration, inspections, and ongoing monitoring associated with the Outdoor Dining Encroachment Permit. Page 83 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 5 1. The Use of Public Right-of-Way Fee shall be due prior to permit issuance and thereafter 30 days prior to the date of permit renewal. 2. The Use of Public Right-of-Way Fee shall be adjusted annually on October 1st based on the greater of: a. Three percent (3%); or b. The percentage of increase in the Consumer Price Index for All Urban Consumers (CPI-U), San Diego-Carlsbad, as published by the United States Bureau of Labor Statistics. C. Outdoor Dining Facilities shall be subject to Sewer Capacity Fees in accordance with CVMC Section 13.14.090. D. Parking Revenue Recovery Fee. Where an Outdoor Dining Facility occupies or encroaches upon one or more existing metered parking spaces or other revenue-generating portions of the public right-of-way, the applicant shall pay a Parking Revenue Recovery Fee. The Parking Revenue Recovery Fee shall be calculated to recover the projected parking revenue foregone during the term of the Outdoor Dining Encroachment Permit based upon the parking meter rates established by resolution of the City Council, applicable parking utilization data, occupancy assumptions, and other relevant parking revenue information, as determined by the Director of Finance or designee. The Parking Revenue Recovery Fee shall be due at the time of permit issuance and upon permit renewal, as applicable. 19.59.070 Bond In addition to all other requirements and prior to issuance of the Outdoor Dining Encroachment Permit, the permittee shall post a bond in accordance with CVMC Section 12.28.080. 19.59.080 Liability and Insurance In addition to all other requirements and prior to issuance of the Outdoor Dining Encroachment Permit, the permittee shall provide insurance and indemnity to the City in accordance with CVMC Section 12.28.090 or at the discretion of the Director of Development Services and/or the City Engineer. 19.59.090 Outdoor Dining Requirements - Sidewalk Cafe A. Design requirements. Sidewalk Cafes shall comply with the following objective design and operational standards to the extent that they are consistent with state law, and subject to the following requirements: 1. Permit plans submitted for an Outdoor Dining Encroachment Permit shall demonstrate compliance with the roadway safety and design standards of this chapter, including all applicable setbacks, clearances, barriers, railings, visibility requirements, accessibility standards, and other design requirements. Permit plans shall identify any roadway protection features incorporated into the Pocket Patio design, including barriers, wheel stops, reflective delineators, vertical elements, or similar protective features. K-rail, Jersey barriers, and similar precast concrete traffic barriers are prohibited as roadway protection features or design elements for an Outdoor Dining Facility. Page 84 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 6 1.2.A Sidewalk Cafe shall be located within the sidewalk area immediately adjacent to a street-level eating and drinking establishment. They shall be restricted to the length of the building frontage, unless written consent is provided in writing from the adjacent/adjoining business and property owners that the Sidewalk Cafe would encroach in front of. 2.3.The area of a Sidewalk Cafe shall be delineated by a continuous barrier consisting of railings, fences, or a combination of railings and fences, and planter boxes that are 36 inches (3 feet) in height or less. Solid walls are not permitted. Installation of barriers is subject to an encroachment permit. 3.4.Barriers associated with a Sidewalk Café may be movable or permanently installed. All barriers shall be secured or affixed in accordance with applicable City standards while the Sidewalk Café is in operation. Permit plans submitted for an Outdoor Dining Encroachment Permit shall identify the proposed barrier type and method of securing or attachment to the public right-of-way. Permanently installed barriers and any associated anchoring or attachment to the public right-of-way shall comply with applicable encroachment permit and construction requirements. 4.5.A clear, transparent, shatterproof glass or similar material may be used on top of the 3-foot-tall barrier to enclose the Sidewalk Cafe to minimize windy or cold climatic conditions. The height of the Sidewalk Cafe barrier plus the clear enclosure shall not exceed 60 inches (5 feet). Chain-link fencing, cyclone fencing, chicken wire, fabric inserts, pallets, tires, temporary containers, or similar improvised materials shall be prohibited. 5.6.Landscaping, planters, barriers, furnishings, or other design elements located along the perimeter of a Sidewalk Cafe shall be designed and maintained to preserve visibility into and out of the outdoor dining area for public safety and pedestrian awareness. No perimeter element or combination of elements above forty-two (42) inches shall create a continuous opaque visual barrier or reduce transparency below fifty percent (50%). 6.7.Awnings or umbrellas may be used in conjunction with a Sidewalk Cafe, but shall not be used as a permanent roof or shelter over the Sidewalk Cafe area. Umbrellas shall not encroach beyond the barrier and the required accessible path of travel. 7.8.If awnings are attached to the main building, they shall be secured in accordance with the California Building Code and shall be subject to a building permit and inspections by the Building Official prior to occupancy of a Sidewalk Cafe. 8.9.Building owner approval must be provided at time of application for installation of item onto private property. 9.10. The name and type of establishment may be placed on the valance of an awning with an overhang not lower than eighty-four (84) inches from the finished grade of the sidewalk and shall not conflict with awnings, lighting, or plantings. Other signs are not permitted on a Sidewalk Cafe. 10.11. No freestanding signs, banners, promotional displays, or fence-mounted signage shall be permitted within a Sidewalk Cafe unless otherwise expressly authorized by this Code. 11.12. The interior of a Sidewalk Cafe shall consist solely of moveable furnishings, including moveable tables, chairs, service trolleys, landscape planters, and umbrellas. Page 85 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 7 At no time shall Sidewalk Cafe be used for temporary or long-term storage of any items other than those stated herein. 12.13. Planting may be placed in movable planters inside a delineated Sidewalk Cafe area adjacent to the barrier. Planters may not exceed a height of thirty-six (36) inches above the level of the sidewalk. Plant material may not exceed a height of seventy- two (72) inches above the level of the sidewalk and shall be maintained in a safe and healthy condition. Artificial plants, empty planters, or planters with filler material are strictly prohibited. 13.14. No portion of a Sidewalk Cafe may be located in front of an adjacent ground floor commercial use unless the property owners and first floor tenants of the affected commercial lease spaces provide a notarized letter of permission and approved by the Development Services Director (or designee). 14.15. Lighting fixtures may be permanently affixed to the front of the associated eating and drinking establishment but shall not protrude into the pedestrian path. 15.16. Outdoor Dining Facilities and associated furnishings shall be maintained in good visual and operational condition, free from visible deterioration, rust, corrosion, peeling paint, tears, or other evidence of disrepair. 16.17. Accessibility. A Sidewalk Cafe shall be designed, constructed, maintained, and operated in compliance with all applicable federal, state, and local accessibility laws and regulations, including but not limited to the Americans with Disabilities Act (ADA) and California Code of Regulations, Title 24. Sidewalk Cafes shall maintain accessible paths of travel, accessible seating, and clear pedestrian circulation in a manner that provides safe and equitable access for persons with disabilities. No Sidewalk Cafe shall obstruct or interfere with required accessibility features, pedestrian access, or use of the public right-of-way. Where the requirements of this section conflict with applicable accessibility laws or building standards, the more restrictive requirement shall apply. B. Clear Path of Travel. 1. A clear path, free of all obstructions to the flow of pedestrian traffic, shall be provided in the public right-of-way and shall be maintained at all times. Obstructions include, but are not limited to, trash receptacles, tables, chairs, benches, heaters, trees, gates that open outward, shades, umbrellas, or similar objects as determined by the Director of Development Services and/or City Engineer. 2. The clear path shall be a continuous linear paved sidewalk, avoiding any zig zag configuration, and shall maintain a continuous common surface and minimum width required by the California Building Code, the Americans with Disabilities Act (ADA), or other applicable accessibility regulation at the time of permit approval that provides a direct route of travel past the Sidewalk Café. 3. The clear path shall be measured from the outermost point of the Sidewalk Cafe, including any barriers, to the edge of the sidewalk adjoining the curb or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter. 4. Recesses in the building facade shall not be used to satisfy the clear path requirement. Page 86 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 8 5. An unobstructed path of ingress and egress travel with a minimum four (4) foot width that leads occupants directly from exit doors to the public right-of-way shall be required for a Sidewalk Cafe and associated eating and drinking establishment. C. Permit Regulations. 1. The dimensions of a Sidewalk Cafe shall be delineated on a site plan and documented in the associated encroachment permit. 2. Maintain a minimum unobstructed path of travel required by the California Building Code, the Americans with Disabilities Act (ADA), or other applicable accessibility regulation at the time of permit approval shall be maintained at all times. 3. Maintain a minimum clear space of twenty-four (24) inches on both sides of the accessible entrance to the building. 4. Provide at least one accessible seating space for every twenty (20) seats or fraction thereof. 5. Accessible seating spaces must be thirty-six (36) inches wide by forty-eight (48) inches deep; and be connected by an unobstructed accessible route at least thirty-six (36) inches in width. 6. Ensure an unobstructed path between all exit doors and the public right-of-way. 7. Only tables, chairs, refuse containers, service trolleys, umbrellas, barriers, and landscaping planters approved as part of the Outdoor Dining Encroachment Permit may be located within the Sidewalk Cafe. 8. Comply with all City regulations and State of California Department of Alcoholic Beverage Control license requirements. 9. Tables, chairs, and other movable furnishings shall be removed or secured outside of approved hours of operation of the associated business. 10. Outdoor cooking and preparation of food is prohibited. 11. Commercial signage shall be prohibited on tables, chairs, barriers, umbrellas, or other furnishings associated with a Sidewalk Café. 12. Existing public infrastructure, utilities, streetscape improvements, landscaping, signage, drainage facilities, accessibility features, or other public improvements within the public right-of-way shall not be altered, damaged, obstructed, or removed except as expressly authorized by the City 13. Prior to occupancy, a Sidewalk Cafe, shall be subject to inspection by the City to verify compliance with applicable permit conditions and all applicable regulations. 14. Sidewalk Cafés shall be subject to periodic inspection to ensure continued compliance with this Chapter and applicable permit conditions. D. Operational requirements. 1. A Sidewalk Cafe shall only be used for dining, drinking, and circulation, and shall operate only in conjunction with an adjacent licensed eating and drinking establishment. 2. A Sidewalk Cafe may provide either waiter/waitress service or self-service. 3. The sidewalk within, and adjacent to, the Sidewalk Cafe shall be clean and free of litter at all times. Page 87 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 9 4. The permit holder shall be responsible for maintaining the Sidewalk Cafe. Maintenance shall include posting of the name, phone number, and email address of the person responsible for the Sidewalk Cafe in a location visible from the public right-of-way, keeping the Sidewalk Cafe free of litter, and preventing litter attributable to the Sidewalk Cafe from entering adjacent properties within the public right-of-way. 5. Sidewalk Cafe areas shall be maintained in a clean, sanitary condition including regular cleaning of tables, chairs, and eating areas, changing of trash and food collection areas. All food waste must be immediately removed during operational hours and at end of operation and disposed of appropriately. Additionally, all areas shall be cleaned at the end of every use including removal of all food and waste items, mopping, cleaning tables and chairs, and generally maintaining in a manner that will encourage a pest (vertebrate and invertebrate) free environment. 6. Trash, service stations, or storage areas shall not be located on or adjacent to the public right-of-way. 7. Live entertainment, music, and/or amplified sound shall not be operated or used within a Sidewalk Cafe. 8. Televisions, video displays, projection screens, digital displays, or other devices used for the reproduction or display of video, images, or similar visual media shall not be installed, operated, or maintained within a Sidewalk Cafe where such display is visible from the public right-of-way or creates visual impacts, nuisances, or disturbances to adjacent properties or businesses. 9. The sale of beer or other alcoholic beverages for consumption in the Sidewalk Café shall be subject to all conditions of approval identified in the Conditional Use Permit and State Department of Alcoholic Beverage Control (ABC) License for the associated licensed eating and drinking establishment. 10. The hours of operation of a Sidewalk Cafe shall be limited to the hours that the kitchen facilities of the associated eating and drinking establishment are open for meal ordering. Alcohol, food, or beverages shall not be served or permitted within the Sidewalk Cafe after 10:00 p.m. Sunday through Thursday, and after 11:00 p.m. Friday through Saturday or as allowed by the primary business establishment’s approved CUP, whichever is more restrictive. 11. Smoking or vaping is not permitted within a Sidewalk Cafe at any time. For purposes of this section, the terms smoke, smoking, vape, and vaping have the same meanings as in CVMC Chapter 8.22. 12. Outdoor cooking and preparation of food within the Sidewalk Cafe is prohibited. 13. Portable heaters, if provided, shall be located a minimum of 48 inches (4 feet) away from the exterior face of the building and from any combustible materials, including architectural projections, plant material, or in accordance with manufacturer recommendations, whichever is most restrictive. 14. No water or debris may intentionally or passively enter the areas outside the Sidewalk Cafe boundary or impact the public sidewalk, storm drains, or street. 15. A copy of the approved ABC license and encroachment permit for a Sidewalk Cafe shall be posted on the premises of the associated eating and drinking establishment. Page 88 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 10 E. Inspections. Inspections shall be performed to ensure full compliance with approved plans and applicable codes and standards. F. Enforcement of Violations. 1. The general enforcement of Sidewalk Cafe regulations, permit conditions, maintenance obligations, operational requirements, accessibility standards, and encroachments within the public right-of-way area located between the property line and the curb shall fall within the purview of the Code Enforcement Division and/or Public Works Department, as applicable. Nothing herein shall limit the authority of the Police Department to enforce compliance with the terms and conditions of any Outdoor Dining Permit, encroachment permit, or applicable law regulating the use or operation of Sidewalk Cafe. Violation of any provision of this chapter is subject to enforcement pursuant to the provisions of CVMC Chapters 1.20 through 1.41. 2. Permits issued in accordance with this chapter may be revoked at any time deemed necessary by the Director of Development Services. 3. Revocation of a permit may be appealed pursuant to CVMC Chapter 1.40. 4. Any encroachment for which a permit is required and for which no permit has been issued pursuant to this chapter shall be deemed a public nuisance which may be abated as provided in the CVMC. 19.59.100 Outdoor Dining Requirements - Pocket Patios A. Location Requirements. 1. Pocket Patios shall be located adjacent to eating and drinking establishments at the following locations: a. Within the curb lane where parking spaces exist adjacent to the front of an eating and drinking establishment. b. At least twenty (20) feet away from an intersection, street corner, alley, or a driveway; and c. Along curbs painted yellow or green, non-painted curbs, or motorcycle parking areas. 2. Pocket Patios shall not be allowed at the following locations: a. Along a street segment with a speed limit greater than 30 miles per hour. b. Along a curb painted red, white, or blue. c. Within or adjacent to an alley. d. Within five (5) feet from a vehicular travel lane. e. Adjacent to a Metropolitan Transit System (MTS) bus lane. f. Less than twenty (20) feet from any MTS bus stop, transit shelter, or designated passenger loading area. g. Within an existing bike lane or within a proposed bike lane project identified in any comprehensive bicycle plan or adopted land use plan. h. Within five (5) feet of storm drain inlets or cleanouts. i. Over utility access panels, manhole covers, handholes, transformers, water meters or water valves, or any operational facility. j. Within five (5) feet of a fire hydrant and any emergency equipment. Page 89 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 11 k. Within five (5) feet of any natural gas or electric utility facility, including the perimeter of any manholes, handholes or vaults, and any surface-level structures such as natural gas meters, monitors, pressure regulators, protection stations, poles, curbside electric meters, transformers or green utility boxes. 3. Each Pocket Patio shall occupy no more than three (3) parking spaces. 4. Only three (3) Pocket Patios are allowed per each side of each block. 5. Removal of on-street parking spaces to construct Pocket Patios shall comply with the following: a. On-street accessible parking spaces provided in accordance with Title 24 of the California Code of Regulations (California Building Standards Code) shall not be removed for the construction of a Pocket Patio. b. The dimensions of a Pocket Patio shall be delineated on a site plan and documented in the associated Outdoor Dining Encroachment Permit. B. Operational Requirements. 1. The sale of beer or other alcoholic beverages for consumption in the Pocket Patio shall be subject to all conditions of approval of the Conditional Use Permit and State Department of Alcoholic Beverage Control (ABC) License for the associated licensed eating and drinking establishment. 2. The hours of operation of a Pocket Patio shall be limited to the hours that the associated eating and drinking establishments are open for business. Alcohol, food, or beverages shall not be served or permitted within the Pocket Patio after 10:00 p.m. Sunday through Thursday, and after 11:00 p.m. Friday through Saturday or as allowed by the primary business establishment’s previously approved CUP, whichever is more restrictive. 3. Pocket Patios shall comply with all State of California Department of Alcoholic Beverage Control Boards approved license requirements, as applicable. 4. Smoking and vaping shall not be permitted within the Pocket Patio. For purposes of this section, the terms smoke, smoking, vape, and vaping have the same meanings as in CVMC Chapter 8.22. 5. Live entertainment, music, and/or amplified sound shall not be operated or used within a Pocket Patio. 6. Televisions, video displays, projection screens, digital displays, or other devices used for the reproduction or display of video, images, or similar visual media shall not be installed, operated, or maintained within a Pocket Patio where such display is visible from the public right-of-way or creates visual impacts, nuisances, or disturbances to adjacent properties or businesses. 7. Outdoor cooking and food preparation within the Pocket Patio is prohibited. 8. Trash, service stations, or storage areas shall not be located on or adjacent to the public right-of-way. C. Maintenance. 1. The permit holder shall be responsible for maintaining the Pocket Patio. Maintenance shall include posting of the name, phone number, and email address of the person responsible for the Pocket Patio in a location visible from the public right-of-way, Page 90 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 12 keeping the Pocket Patio free of litter, and preventing litter attributable to the Pocket Patio from entering adjacent properties within the public right-of-way. 2. Pocket Patio areas shall be maintained in a clean, sanitary condition including regular cleaning of tables, chairs, and eating areas, changing of trash and food collection areas. 3. All food waste must be immediately removed during operational hours and at end of operation and disposed of appropriately. 4. All areas shall be cleaned at the end of every use including removal of all food and waste items, mopping, cleaning tables and chairs, and generally maintaining in a manner that will encourage a pest (vertebrate and invertebrate) free environment. 5. Tables, chairs, and other movable furnishings shall be removed or secured outside of approved hours of operation of the associated business. 6. No water or debris may intentionally or passively enter the areas outside the Pocket Patio boundary or impact the public sidewalk, storm drains, or street. D. Design Requirements. Pocket Patios shall be designed in accordance with the current California Building Code and meet the following regulations to the satisfaction of the Director of Development Services and/or City Engineer: 1. Permit plans submitted for an Outdoor Dining Encroachment Permit shall identify the roadway protection measures proposed to separate the Pocket Patio from adjacent vehicular traffic. Depending upon site conditions, roadway protection measures may include protective barriers, wheel stops, reflective delineators, vertical elements or other traffic safety features, as determined appropriate by the City Engineer. 1.2.Pocket Patios shall be designed as an extension of the sidewalk with at least one minimum forty-eight (48) inches wide entry for every ten (10) feet of Pocket Patio along the curbside edge. 2.3.The width of the Pocket Patio shall not extend within twenty (24) inches of the edge of the street travel lane. 3.4.A Pocket Patio shall maintain a minimum setback of at least thirty-six (36) inches horizontal clearance from adjacent vehicle parking spaces. 4.5.The deck of the Pocket Patio platform shall be flush with the sidewalk. 5.6.Bolting into the street or penetrating into the surface of the road shall not be permitted. 6.7.A minimum thirty-six (36) inch wide emergency access gap with horizontal and vertical clearance shall be required for every twenty (20) feet of the Pocket Patio or adjacent Pocket Patios or other structures in the parking lane. 7.8.A continuous unobstructed accessible pedestrian circulation path shall be maintained adjacent to the Pocket Patio in compliance with applicable American with Disabilities Act (ADA) and California Building Code accessibility requirements. 8.9.Drainage. a. Pocket Patios shall not impede the flow of curbside drainage. b. A minimum clear gutter space of eight (8) inches from the curb edge by six (6) inches in height shall be provided along the entire length of the Pocket Patio adjacent to the curb. c. The drainage area between the curb and the platform shall remain clear of debris and maintains proper drainage at all times. d. The areas beneath the platform shall be maintained to be free of debris and litter. Page 91 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 13 9.10. A minimum forty-two (42) inch high railing shall be placed at the edge of the Pocket Patio adjacent to a vehicular travel lane. Chain-link fencing, cyclone fencing, chicken wire, fabric inserts, pallets, tires, temporary containers, or similar improvised materials shall be prohibited. 10.11. No horizontal or vertical structure, furnishing, screening element, planter, barrier, extension, or other appurtenance exceeding forty-two (42) inches in height above the surface of the Pocket Patio shall be installed along the street facing edge of the Pocket Patio, except for stanchions, vertical poles, or similar support elements necessary to provide permitted lighting. All street-facing barriers shall maintain visibility into and out of the Pocket Patio for public safety and traffic awareness. 11.12. Umbrellas with an overhang of a minimum of eighty-four (84) inches from the finished grade of the Pocket Patio platform (floor) may be used in conjunction with a Pocket Patio, but no permanent roof or shelter is permitted over the Pocket Patio. The canopy of the umbrella shall be contained within the Pocket Patio and shall not protrude outside of the barrier or railing of the Pocket Patio. 12.13. Solar powered lights shall be permitted but electrical lighting elements that contain wires that cross the clear path of travel shall be prohibited. 13.14. The placement of the name and type of establishment on umbrellas is not allowed. Signs other than that required herein shall not be permitted on a Pocket Patio. 14.15. No freestanding signs, banners, promotional displays, or fence-mounted signage shall be permitted within a Pocket Patio. E. Accessibility. Pocket Patios shall be designed, constructed, maintained, and operated in compliance with all applicable federal, state, and local accessibility laws and regulations, including but not limited to the Americans with Disabilities Act (ADA) and California Code of Regulations, Title 24. Pocket Patios shall maintain accessible paths of travel, accessible seating, and clear pedestrian circulation in a manner that provides safe and equitable access for persons with disabilities. Pocket Patios shall not obstruct or interfere with required accessibility features, pedestrian access or use of the public right-of-way. Where the requirements of this section conflict with applicable accessibility laws or building standards, the more restrictive requirement shall apply. F. Inspections. Inspections may be performed to ensure full compliance with approved plans and applicable codes and standards. G. Enforcement of Violations - Appeal of Encroachment Permit Denial or Revocation. 1. The general enforcement of Pocket Patio regulations, permit conditions, maintenance obligations, operational requirements, accessibility standards, and authorized encroachments associated with a permitted Pocket Patio shall fall within the purview of the Code Enforcement Division and/or Public Works Department. 2. Enforcement authority granted to the Code Enforcement Division and/or Public Works Department under this section shall be limited to compliance with the Outdoor Dining Encroachment Permit, and applicable operational, accessibility, and maintenance requirements, and shall not include parking enforcement, traffic enforcement, vehicle code enforcement, or general policing activities within the public right-of-way. Page 92 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Ordinance Page 14 3. The Police Department shall retain primary enforcement authority over traffic operations, parking regulations, vehicle-related violations, emergency access, and public safety matters occurring within the street area of the public right-of-way. Nothing herein shall limit the authority of the Police Department to enforce the terms and conditions of an Outdoor Dining Encroachment Permit, or other applicable permit or approval associated with a Pocket Patio. 4. The State Department of Alcoholic Beverage Control shall retain enforcement authority over violations pertaining to the business’s issued alcoholic beverage license, including but not limited to beverage handling and service hours of operation. 5. It shall be unlawful for any person to violate any provision, or to fail to comply with the requirements of this chapter and any such violations are subject to enforcement according to CVMC Chapters 1.20 through 1.41. Permits issued in accordance with this chapter may be modified, suspended, or revoked at any time deemed necessary by the Director of Development Services. 6. Any revocation of a permit may be appealed pursuant to CVMC Chapter 1.40. 7. Any encroachment for which a permit is required and for which no permit has been issued pursuant to this chapter shall be deemed a public nuisance. Such violations may be abated by civil action or pursuant to applicable administrative abatement procedures. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Roy Sapa’u Marco A. Verdugo Deputy City Manager/ City Attorney Director of Development Services Page 93 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda v . 0 0 1 P a g e | 1 May 27, 2026 ITEM TITLE Code Update to Adopt Outdoor Dining Regulations Location: Citywide Department: Development Services and Economic Development G.C. § 84308 Regulations Apply: Yes Environmental Notice: The project qualifies for a Categorical Exemption pursuant to California Environmental Quality Act Guidelines Section 15301 (Existing Facilities), Section 15303 (New Construction or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), and Section 15311 (Accessory Structures). Recommended Action Conduct a public hearing and recommend the City Council of the City of Chula Vista adopt an ordinance amending Chula Vista Municipal Code (CVMC) Title 19 (Planning and Zoning) to add Chapter 19.59. (Outdoor Dining Regulations) and recommend the City Council adopt a resolution to establish fees associated with Outdoor Dining Facilities within the public right-of-way. SUMMARY The proposed ordinance establishes a permanent regulatory framework for Outdoor Dining Facilities within the public right-of-way, specifically Sidewalk Cafes and Pocket Patios, through an objective ministerial encroachment permit process. The ordinance is intended to support pedestrian-oriented commercial activity, activate commercial corridors, and promote economic vitality by encouraging outdoor dining opportunities throughout the City of Chula Vista (“City”). The proposed regulations establish clear standards related to accessibility, public safety, operations, maintenance, design, and use of the public right-of-way to ensure compatibility with surrounding public infrastructure, businesses, and pedestrian circulation. The proposed ordinance also establishes authority for permitting, permit renewal, and public right-of-way occupancy fees associated with Outdoor Dining Facilities, with specific fee amounts proposed for adoption by separate City Council resolution. HOUSING IMPACT STATEMENT No housing units are proposed as part of the Project, and any commercial structures will be located within the public right-of-way, not on private property. Page 94 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 2 ENVIRONMENTAL REVIEW The proposed project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines: Section 15301 (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; Section 15303 (New Construction or Conversion of Small Structures), which consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to anther where only minor modifications are made in the exterior of the structure; Section 15304 (Minor Alterations to Land), which consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes; and Section 15311 (Accessory Structures), which consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities; and where the exceptions listed in State CEQA Guidelines Section 15300.2 would not apply in that no cumulative impacts were identified, no significant effects on the environment were identified, the project is not adjacent to a scenic highway, no historical resources would be affected by the action, and the project was not identified on a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code. Thus, no further environmental review is required. DISCUSSION Background On February 1, 2011, the City Council adopted an Ordinance amending the Urban Core Specific Plan (UCSP), adding Outdoor Dining Design Guidelines as an Appendix. This was in response to a stated goal of the UCSP, which advocates for special pedestrian-oriented café environments within the Downtown Area. During the COVID-19 pandemic, the City implemented temporary measures to support local businesses and provide opportunities for outdoor activity in open-air environments. As part of those efforts, the City Council approved actions in 2021 to facilitate outdoor dining along Third Avenue, including establishment of a permitting process for Sidewalk Cafes and Curb Cafes (now referred to as Pocket Patios) within the public right-of-way and amendments to CVMC Chapter 12.28 (Encroachments) to clarify administrative authority for approval of certain encroachments into the public right-of-way. The City also established a grant reimbursement program utilizing American Rescue Plan Act funding to help offset the design, permitting, and construction costs associated with outdoor dining improvements. Staff subsequently developed permitting procedures and design guidance for outdoor dining facilities within the public right-of-way. While Sidewalk Cafes were generally envisioned as more long-term outdoor dining improvements, Curb Cafes were initially implemented as a temporary response to pandemic-related operational constraints and changing public health requirements. Following several permit extensions, notice was provided in 2024 that the temporary Curb Cafe permits would expire, and the facilities would be required to be removed absent further City action establishing a longer-term regulatory framework. The City has continued to experience increasing interest from businesses seeking to utilize portions of the public right-of-way for outdoor dining purposes, particularly within the Urban Core and Third Avenue Page 95 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 3 corridors. Temporary outdoor dining programs implemented during and following the COVID-19 pandemic demonstrated the value of outdoor activation in supporting local businesses, encouraging pedestrian activity, and enhancing pedestrian-oriented commercial districts. The proposed ordinance builds upon those earlier efforts by establishing a permanent, citywide regulatory framework for Outdoor Dining Facilities, specifically Sidewalk Cafes and Pocket Patios. The proposed ordinance establishes an objective ministerial encroachment permit process for the use and occupation of the public right-of-way associated with Outdoor Dining Facilities and is intended to provide clear operational, design, accessibility, maintenance, and public safety standards while supporting pedes trian- oriented commercial activity and activation of commercial corridors. Additionally, Pocket Patios would remain subject to applicable building permit and inspection requirements to ensure compliance with the California Building Code and accessibility standards. Development of the proposed ordinance was also informed by input and policy direction provided through the City Council’s Outdoor Dining Subcommittee, established by the City Council on August 13, 2024, and comprised of Mayor McCann and Councilmember Preciado. In May 2025, the City retained HdL ECONSolutions through the City’s established on-call consultant program to assist in the development of balanced, citywide outdoor dining regulations addressing Sidewalk Cafes, Pocket Patios, food trucks, and related outdoor dining activities occurring within the public right-of-way. As part of that effort, the consultant team evaluated regulations and best practices from other California jurisdictions that permit outdoor dining in public spaces, including sidewalks and on-street parking areas, to help inform development of the proposed ordinance. The proposed ordinance was further developed through coordination with multiple City departments including Economic Development, Fire, Development Services, Engineering, Finance, and the City Attorney’s Office as well as outreach to property owners, business owners, and the Downtown Chula Vista Association. In June 2025, the Economic Development Department and Office of Communications conducted community outreach utilizing the City’s Community Voices public engagement platform. Through that outreach effort, approximately 190 participants provided input regarding outdoor dining within the City. Survey results demonstrated broad support for expanded outdoor dining opportunities. Sixty-two percent (62%) of respondents said that they do not feel that there is enough outdoor dining in Chula Vista; sixty-four (64) percent indicating general support of additional Sidewalk Cafes; and fifty (50) percent indicated they would like to see more Curb Cafes, even if it means converting parking spaces to accommodate them. The Outdoor Dining City Council Subcommittee met in April 2026, to review the proposed framework and provide direction regarding permitting, operational standards, and public right-of-way considerations associated with Outdoor Dining Facilities. Code Amendment The proposed regulations establish requirements for two (2) types of Outdoor Dining Facilities analyzed by the staff and the consultant team: Sidewalk Cafes and Pocket Patios. The proposed ordinance is intended to reduce barriers associated with obtaining authorization for encroachments into the public right-of-way by establishing objective ministerial standards for Outdoor Dining Encroachment Permits while ensuring that Outdoor Dining Facilities positively contribute to the safe and active use of the public realm for the pedestrians and bicyclists of all abilities. The Development Services Department, in coordination with the Economic Development, Engineering, and Public Works Departments, will periodically review implementation of the Outdoor Dining program, including operational and enforcement outcomes, and will Page 96 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 4 return to the Planning Commission and City Council with lessons learned and any recommended amendments or adjustments after one (1) year after the first outdoor dining permit is issued and operational. The proposed ordinance incorporates regulations addressing accessibility, public safety, emergency access, pedestrian circulation, design standards, operational requirements, building permit requirements for Pocket Patios, insurance and indemnity requirements, permit fees, and enforcement authority. The ordinance distinguishes between Sidewalk Cafes, which operate within the sidewalk area of the public right-of-way, and Pocket Patios, which temporarily occupy on-street parking spaces. The regulations are intended to provide predictable and streamlined standards for applicants while maintaining accessibility, visibility, public safety, and operational compatibility with surrounding businesses and public infrastructure. In summary, the proposed regulations establish locational, operational, design, accessibility and maintenance standards intended to ensure compatibility between Outdoor Dining Facilities and surrounding public infrastructure and uses. These standards include requirements to ensure visibility, avoidance of conflicts with existing and planned bike lanes and transit lanes, compliance with engineering standards, stormwater, fire code, accessibility requirements and applicable noise standards for adjacent uses. The regulations also require permittees and property owners to maintain the Outdoor Dining Facilities in a clean and safe condition and to indemnify, defend, and hold harmless the City from claims, damages, injuries, or liabilities associated with the private commercial use of the public right-of-way. Fees The proposed ordinance establishes a fee structure intended to recover the City’s reasonable costs associated with review, permitting, inspection, monitoring, and administration of Outdoor Dining Facilities within the public right-of-way, while also providing fair compensation for the temporary private commercial use and occupation of public property. The proposed fee structure was developed following evaluation of similar outdoor dining and public right-of-way encroachment programs utilized by California municipalities and is generally consistent with common regulatory cost recovery practices associated with outdoor dining facilities and other encroachments within the public right-of-way. The proposed fees include: Permit Fees  Sidewalk Cafe Initial Permit Fee: $1,250  Pocket Patio Initial Permit Fee: $3,500  Sidewalk Cafe Annual Renewal Fee: $500 annually  Pocket Patio Annual Renewal Fee: $1,250 annually Public Right-of-Way Occupancy Fees  Sidewalk Cafe: $1.00 per square foot per month  Pocket Patio: $2.00 per square foot per month Parking Revenue Recovery Fees  Based upon projected parking revenue loss, where applicable, annually The initial permit fees are intended to recover costs associated with application intake, interdepartmental review, engineering and accessibility review, permit preparation, inspection of site eligibility, and permit issuance. Pocket Patio permit fees are higher due to the additional level of review associated with occupation Page 97 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 5 of on-street parking spaces, including traffic safety considerations, roadway operations, emergency access, drainage review, accessibility compliance, and coordination with applicable building permit requirements. The Public Right-of-Way Occupancy Fees are intended to provide fair compensation to the City for the temporary private commercial use and occupation of public right-of-way areas that would otherwise remain available for general public use. The occupancy fees also help ensure that the City does not subsidize or provide exclusive private commercial use of public property without appropriate compensation. Annual renewal fees are intended to recover ongoing administrative and operational costs associated with permit monitoring, compliance verification, insurance review, inspections, complaint response, and enforcement activities. Where Outdoor Dining Facilities occupy metered or revenue-generating right-of-way, a Parking Revenue Recovery Fee would also apply annually to offset projected public parking revenue losses associated with conversion of parking spaces to Pocket Patios, collected at the time of initial permit and upon permit renewal. The proposed ordinance also includes annual fee adjustments tied to an established inflation index to help ensure that fees continue to reflect operational and administrative costs over time. CONCLUSION Outdoor dining contributes to pedestrian-oriented activity, supports active and vibrant commercial corridors, and enhances the economic vitality and character of business districts. The proposed ordinance establishes a balanced regulatory framework for Outdoor Dining Facilities within the public right-of-way by creating clear and objective standards related to public safety, accessibility, operations, maintenance, and design while supporting continued activation of the public realm and local businesses. The proposed fee structure is intended to recover the City’s administrative and operational costs associated with permitting, inspection, monitoring, and enforcement activities, while also providing fair compensation for the temporary private commercial use and occupation of public right-of-way areas. Accordingly, staff recommends that the Planning Commission recommend that the City Council approve the proposed ordinance amending the Chula Vista Municipal Code to add Section 19.58.XXX establishing Outdoor Dining regulations, including standards and permitting procedures for Sidewalk Cafes and Pocket Patios within the public right-of way. Staff also recommend that the Planning Commission recommend to the City Council the approval of the requested fees for the administrative, occupancy, and revenue-recovery costs associated with the Sidewalk Cafe and Pocket Patios in the public right-of-way. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the Planning Commission members do not create a disqualifying real property- related financial conflict of interest under the California Political Reform Act (Cal. Gov’ t. Code § 87100, et seq.). Staff is not independently aware and has not been informed by any Planning Commission member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. FISCAL IMPACT There is no current fiscal year or ongoing fiscal impact to the General Fund or Development Services Fund as a result of the adoption and implementation of the proposed ordinance. Page 98 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 6 ATTACHMENTS Resolution A (Outdoor Dining Regulations) Resolution B (Outdoor Dining Fees) Draft City Council Ordinance Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services Mayra Medel, Principal Planner, Development Services Rebecca Bridgeford, Deputy Director, Development Services Kevin Pointer, Principal Economic Development Specialist David Graham, Director of Economic Development Page 99 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda FIGURES | SAN DIEGO RETAIL | Q4 2025 5.0%27K 94K $2.34 Availability Rate SF Net Absorption (000s) SF Completed (000s) Avg. Asking Rent (NNN) Note: Arrows indicate change from previous quarter. Source: CBRE Econometric Advisors, Q4 2025. FIGURE 1: Completions, Net Absorption, and Availability Rate Source: CBRE Econometric Advisors, Q4 2025. 1 CBRE RESEARCH © Q4 2025 CBRE, INC. — The San Diego retail market closed Q4 2025 with an availability rate of 5.0%.The overall availability rate was unchanged from Q3 2025. — The total retail sq. ft. absorbed in Q4 2025 was positive 27,000 sq. ft., compared to negative 272,000 sq. ft. in Q3 2025. — There was 94,000 sq. ft. delivered in Q4 2025, compared to 15,000 sq. ft. in Q3 2025. — The overall average net asking rent for retail in San Diego ended Q4 2025 at $2.34, representing a $0.02 decrease from Q3 2025. — The total retail investment sales in Q4 2025 amounted to $263.6 million in total volume, compared to $458.8 million in Q3 2025. MARKET HIGHLIGHTS Availability Remains Flat as Absorption is Positive 0 1 2 3 4 5 6 (600) (400) (200) 0 200 400 600 800 Availablity Rate (%) Sq. Ft. (000s) Completions Net Absorption Availability Rate Page 100 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda FIGURES | SAN DIEGO RETAIL | Q4 2025 Market Overview FIGURE 2: Market Statistics by Product Type FIGURE 4: Market Statistics by Submarket Market Inventory (SF, 000s) Availablity Rate (%) Net Absorption (SF 000s) Completions (SF 000s) Net Rent Market Inventory (SF 000s) Availability Rate (%) Net Absorption (SF 000s) Completions (SF 000s) Net Rent Lifestyle & Mall 13,820 5.8 (72) - $1.41 Total Market 141,957 5.0 27 94 $2.34 Neighborhood, Community & Strip 64,239 6.5 (25) - $2.32 Carlsbad/La Costa 5,546 2.9 12 - $4.63 Power 12,636 5.0 (21) - $2.73 Carmel Mountain R 1,272 1.3 (4) - Street, Freestanding, Other 51,262 2.9 145 94 - Chula Vista/Bonita 10,122 3.6 61 85 $3.18 Total Market 141,957 5.0 27 94 $2.34 Del Mar/Solana Be 2,923 7.0 3 - $4.50 Source: CBRE Econometric Advisors, Q4 2025.Downtown/Old To 4,006 5.7 (4) - $2.85 El Cajon 7,525 6.9 14 - $1.93 FIGURE 3: Net Absorption by Center Type Encinitas/Cardiff 5,239 4.1 11 - $3.61 -146 Escondido 8,876 6.5 (22) 3 $2.15 -53 Imperial Beach/Sou 4,174 5.6 (4) - $2.18 Kearny Mesa/Clair 7,301 4.9 (8) - $2.91 La Jolla 1,336 2.8 (10) - $3.68 La Mesa/San Carlo 5,049 5.2 27 2 $2.29 Lemon Grove/Spri 3,266 5.0 (16) - $1.46 Mid City/El Cajon 9,519 4.2 (61) - $2.27 Mira Mesa/Scripps 2,707 3.9 2 - $2.44 Miramar 1,553 11.6 5 - $1.72 Mission Valley 4,844 4.5 (4) - Murrieta 6,249 6.4 25 4 $2.11 National City/Para 4,436 2.1 (12) - $2.65 Oceanside 7,024 7.6 (13) - $2.48 Pacific Beach/More 2,738 3.5 26 - $2.70 Rancho Bernardo 1,571 4.6 18 - $3.84 Rancho Penasquito 3,586 3.6 9 - $3.54 San Marcos 4,501 6.0 (14) - $1.85 Sports Arena/Point 4,057 4.1 (9) - $2.47 Source: CBRE Econometric Advisors, Q4 2025.UTC/Golden Trian 2,783 6.1 (62) - Vista 5,134 6.5 22 - $1.97 2 CBRE RESEARCH (600) (400) (200) 0 200 400 600 800 Sq. Ft. (000s) Lifestyle & Mall Neighborhood, Community & Strip Power Street, Freestanding, Other Total Market Page 101 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda FIGURES | SAN DIEGO RETAIL | Q4 2025 Asking Rents & Availablity FIGURE 5: Net Asking Rent and Availability Rate FIGURE 6: Net Rent and % Change Source: CBRE Econometric Advisors, Q4 2025. Source: CBRE Econometric Advisors, Q4 2025. FIGURE 7: Availablity by Center Type FIGURE 8: Top 5 Submarket by Net Rent Source: CBRE Econometric Advisors, Q4 2025. Source: CBRE Econometric Advisors, Q4 2025. 3 CBRE RESEARCH © Q4 2025 CBRE, INC. 0 2 4 6 8 Availabilty (%) Total Market Lifestyle & Mall Neighborhood, Community & Strip Power $0.00 $0.50 $1.00 $1.50 $2.00 $2.50 $3.00 $3.50 $4.00 $4.50 $5.00 Carlsbad/La Costa Del Mar/Solana Beach/Rancho Santa Fe Encinitas/Cardiff La Jolla Rancho Bernardo $ / Sq. Ft. $1.95 $2.00 $2.05 $2.10 $2.15 $2.20 $2.25 $2.30 $2.35 $2.40 -4% -2% 0% 2% 4% 6% 8% Net Rent % Change % Change Net Rent 0 1 2 3 4 5 6 $1.95 $2.00 $2.05 $2.10 $2.15 $2.20 $2.25 $2.30 $2.35 $2.40 Availability Rate (%) Net Rent $ / Sq. Ft. Net Rent Availabity Rate Page 102 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda FIGURES | SAN DIEGO RETAIL | Q4 2025 Investment Sales FIGURE 9: Retail Investment Sale Volume FIGURE 11: Q4 2025 Sale Transactions Buyer Property Name City Building SF Sale Price Price / SF Milan Cap Management The Pavilion Shopping Cent Vista 135,585 $31,000,000 $229 Longpoint Realty Partners L San Ysidro Village San Diego 86,132 $20,350,000 $236 CEG Capital Partners Shops at Madison Place San Diego 53,294 $23,000,000 $432 ME Oceanside LLC 208-218 Via El Centro Oceanside 44,821 $8,225,000 $184 GM Gabrych Family LP Wall Street Plaza-La Jolla La Jolla, Sa 36,657 $10,200,000 $278 TerraCotta Group 6615 Flanders Drive San Diego 28,009 $14,762,751 $527 O'Brien Auto Team, Inc. 1555 Auto Park Way Escondido 20,852 $8,000,000 $384 Monro Capital Urban Collective San Diego 17,462 $12,500,000 $716 Gopal Krishan Parkway Villa Center Escondido 15,330 $4,994,000 $326 Ayres Hotels Palomar Place Carlsbad 15,300 $16,200,000 $1,059 Ehsan Susan Atria San Diego 10,981 $4,730,000 $431 HP Investors 915 S Vulcan Avenue Encinitas 10,174 $5,380,000 $529 Source: MSCI Real Capital Analytics, Q4 2025.Source: MSCI Real Capital Analytics, Q4 2025. FIGURE 10: Retail Investment Sale Price Per Sq. Ft. Source: MSCI Real Capital Analytics, Q4 2025. 4 CBRE RESEARCH © Q4 2025 CBRE, INC. $0 $100 $200 $300 $400 $500 $600 $/SF Total Poly. (Total)Price/SF Trend 0.0 0.5 1.0 1.5 2.0 2.5 $0 $100 $200 $300 $400 $500 $600 $700 $800 $900 Sq. Ft. (millions) $ Volume (millions) Total Volume ($)Sq. Ft. Sold Page 103 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda FIGURES | SAN DIEGO RETAIL | Q4 2025 Economic Overview FIGURE 12: Total Retail Sales FIGURE 13: Retail Employment vs. Unemployment Source: Oxford Economics, Q4 2025. Source: Oxford Economics, Q4 2025. FIGURE 14: GDP & Consumer Spending FIGURE 15: Total Population & Net Migration Source: Oxford Economics, Q4 2025. Source: Oxford Economics, Q4 2025. 5 CBRE RESEARCH © Q4 2025 CBRE, INC. 0 10 20 30 40 50 60 70 80 90 136 136.5 137 137.5 138 138.5 139 139.5 Unemployed (000s) Employed (000s) Unemployment Retail Employment -4 -3 -2 -1 0 1 2 3 3,260 3,270 3,280 3,290 3,300 3,310 3,320 Net Migration (000s) Population (000s) Population Net migration $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 $18,000 $20,000 $ (000s) Retail sales (including vehicle sales)Retail sales (excluding vehicle sales) 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 $ (000s) GDP, nominal - Total Consumer spending, nominal Page 104 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda FIGURES | SAN DIEGO RETAIL | Q4 2025 Contacts Zach DiSalvo Associate Research Director zach.disalvo@cbre.com 6 CBRE RESEARCH © Q4 2025 CBRE, INC. Retail Definitions Neighborhood, community and strip centers are groupings of buildings where there is most often an anchor property (except strip). Neighborhood properties are the largest ranging from 125,000 to 400,000 sq. ft., followed by community at 30,000 to 125,000 sq. ft., and strip with 30,000 or less sq. ft. Lifestyle are upscale national-chain specialty stores with dining and entertainment in an outdoor setting. Lifestyle centers range from 150,000 to 500,000 sq. ft. Malls, including both regional and super regional malls, can provide a wide range of goods and services. Regional malls are built around full-line department stores and usually range over 300,000 sq. ft. Super regional malls are usually over 750,000 sq. ft. with more department stores. Power Centers are category-dominant anchors, including discount department stores, off-price stores, and wholesale clubs, with only a few small tenants. They range from 250,000 to 600,000 sq. ft. and have multiple anchors. Freestanding Retail are single-tenant occupied retail buildings. All other variables may vary. © Copyright 2025 All rights reserved. Information contained herein, including projections, has been obtained from sources believed to be reliable, but has not been verified for accuracy or completeness. CBRE, Inc. makes no guarantee, warranty or representation about it. Any reliance on such information is solely at your own risk. This information is exclusively for use by CBRE clients and professionals and may not be reproduced without the prior written permission of CBRE’s Global Chief Economist. The San Diego market consists of San Diego County. Market Definition Page 105 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda San Diego County retail market remains one of the strongest property sectors despite decreased demand during the quarter. R E T A I L M A R K E T San Diego County 2026 Page 106 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda H I S T O R I C C O M P A R I S O N 26Q1 25Q4 25Q1 Total Inventory (in thousands of SF)119,988.0 119,989.5 119,914.3 New Supply (in thousands of SF)3.0 95.5 75.5 Net Absorption (in thousands of SF)(163.0)165.5 (283.8) Overall Vacancy Rate 4.24%4.10%3.86% Under Construction (in thousands of SF)284.4 264.5 279.4 Overall Asking Lease Rates (NNN)$2.42 $2.39 $2.37 San Diego County R E T A I L M A R K E T H I S T O R I C A L M A R K E T T R E N D S 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0% -500 -400 -300 -200 -100 0 100 200 300 400 500 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 2023 2023 2023 2023 2024 2024 2024 2024 2025 2025 2025 2025 2026 Va c a n c y R a t e Sq u a r e F e e t ( 0 0 0 s ) 2026 N E T A B S O R P T I O N ( S F ) Forecast YOY Forecast YOY4.2%-163K U N D E R C O N S T R U C T I O N ( S F ) O V E R A L L A S K I N G L E A S E R A T E S ( N N N ) Forecast YOY Forecast YOY284K$2.42/SF O V E R A L L V A C A N C Y R A T E MARKET TRENDS • San Diego County’s retail vacancy increased by 14 basis points (BPS) in Q1 to 4.24%. It has increased 38 BPS over the past year. • Net absorption totaled -162,959 SF in Q1, a near reversal of +165,453 of positive demand that was recorded in the prior quarter (Q4 2025). • Average asking rental rates have been trending upward over the past five quarters. In Q1, the countywide average reached $2.42/SF on a triple-net basis—a 5.6% year-over-year (YoY) increase. • Overall retail market conditions continue to be influenced by national economic uncertainty, including inflation, tariffs, and employment trends. These factors that have affected consumer confidence will likely persist throughout most—if not the remainder—of the year. • Only 3,000 SF of new construction was completed in Q1 bringing the total to 113,010 SF over the past year. There is currently 284,438 SF under construction. Source: Colliers Colliers Q1 2026 Retail Report | San Diego County 2 Page 107 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda L E A S I N G A C T I V I T Y & R E N T A L T R E N D S San Diego County average asking retail rents have trended upward for nearly five years, reaching $2.42/SF in Q1 2026—an 20% increase from the market low of $2.02/SF in Q2 2021 during the COVID-19 pandemic. Q1 leasing activity totaled 545,789 SF which is down 4% YoY. Despite the slowdown, leasing activity has exceeded half-a-million square feet for each of the last thirteen quarters. I N V E S T M E N T T R E N D S Countywide sales volume fell to $185.5 million in Q1—its lowest level in two years. The median price per square foot, which had been declining since mid-2024, rose over the last two consecutive quarters reaching $448/SF in Q1. Pricing last peaked in Q2 2024, when average and median prices reached $459/SF and $558/SF, respectively. The average cap rate has increased over the last three quarters and stood at 6.4% at the end of Q1—a 40 BPS increase over the prior quarter. Market Trends Leasing Activity and Price Per Square Foot by Quarter Sales Per Square Foot and Cap Rate Source: Colliers $2.06 $2.10 $2.14 $2.18 $2.22 $2.26 $2.30 $2.34 $2.38 $2.42 $2.46 0 100 200 300 400 500 600 700 800 900 1,000 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 2023 2023 2023 2023 2024 2024 2024 2024 2025 2025 2025 2025 2026 $ / S F / M o n t h ( N N N ) Sq u a r e F e e t ( 0 0 0 s ) Leasing Activity Avg. Asking Rate (NNN) 4.2% 4.4% 4.6% 4.8% 5.0% 5.2% 5.4% 5.6% 5.8% 6.0% 6.2% 6.4% 6.6% $0 $50 $100 $150 $200 $250 $300 $350 $400 $450 $500 $550 $600 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 2023 2023 2023 2023 2024 2024 2024 2024 2025 2025 2025 2025 2026 Ca p R a t e Pr i c e P e r S F ( $ ) Average Price Per SF Median Price Per SF Average Cap Rate Source: Colliers Colliers Q1 2026 Retail Report | San Diego County 3 Page 108 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda CENTER/TYPE TOTAL INVENTORY SF DIRECT VACANCY RATE SUBLEASE VACANCY RATE TOTAL VACANCY RATE VACANCY RATE PREVIOUS TOTAL AVAILABILITY RATE NET ABSORPTION CURRENT NET ABSORBTION YTD UNDER CONSTRUCTION DELIVERIES YTD AVG DIRECT ASKING RATE (NNN) Retail Power Centers 11,395,164 3.05%0.17%3.22%2.70%4.58%(58,225)(58,225)0 0 $2.88 Lifestyle/Theme 2,457,741 5.76%0.07%5.83%5.72%7.08%(2,805)(2,805)0 0 $1.50 Community Ctrs 20,156,204 5.18%0.13%5.31%5.27%6.97%(8,643)(8,643)0 0 $2.20 Neighborhood Ctrs 24,402,583 5.10%0.05%5.15%5.12%6.97%(6,350)(6,350)5,300 0 $2.49 Power Centers 10,657,959 4.00%0.06%4.06%4.06%4.73%2,414 2,414 0 3,000 $2.23 Freestanding/Other 50,918,390 3.42%0.15%3.57%3.40%4.15%(89,350)(89,350)279,138 0 $2.53 Total 119,988,041 4.12%0.12%4.24%4.10%5.35%(162,959)(162,959)284,438 3,000 $2.42 San Diego County | Q1 2026 | Retail | Market Statistics I N - S T O R E R E T A I L V I S I T T R E N D S Retail Industry YoY Change (%) Gym +24.94% Drugstores & Pharmacies +23.28% Theaters & Music Venues +18.31% Office Supplies +11.23% Discount & Dollar Stores +9.13% All Retail Categories +1.32% Banks & Financial Services -1.66% Mattress Stores -2.33% Electronics Stores -6.89% Hobbies, Gifts & Crafts -23.03% Fashion Accessories -24.93% San Diego County recorded nearly 336.8 million in-store retail visits in Q1 2026, according to Placer.ai—a 1.3% year-over-year increase. Categories with the largest gains included gyms (+24.9%), drugstores and pharmacies (+23.3%), theaters and music venues (+18.3%), office supply stores (+11.2%), and discount and dollar stores (+9.1%). The steepest declines were in fashion accessory stores (-24.9%); hobby, gift, and craft stores (-23.0%); and electronics stores (-6.9%). Retail employment totaled 134,400 workers as of February 2026, a decline of roughly 600 jobs (-0.74%) from the prior year, according to the Federal Reserve Bank of St. Louis (FRED). Source: Placer.ai Colliers Q1 2026 Retail Report | San Diego County 4 Page 109 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Global Stats Boilerplate Colliers (NASDAQ, TSX: CIGI) is a global diversified professional services and investment management company. Operating through three industry-leading platforms – Real Estate Services, Engineering, and Investment Management – we have a proven business model, an enterprising culture, and a unique partnership philosophy that drives growth and value creation. For 30 years, Colliers has consistently delivered approximately 20% compound annual returns for shareholders, fueled by visionary leadership, significant inside ownership and substantial recurring earnings. With nearly $5.0 billion in annual revenues, a team of 23,000 professionals, and more than $100 billion in assets under management, Colliers remains committed to accelerating the success of our clients, investors, and people worldwide. Learn more at corporate.colliers.com, X @Colliers or LinkedIn. Copyright This document/email has been prepared by Colliers for advertising and general information only. Colliers makes no guarantees, representations, or warranties of any kind, expressed or implied, regarding the information, including but not limited to, warranties of content, accuracy, and reliability. Any interested party should undertake their own inquiries as to the accuracy of the information. Colliers excludes unequivocally all inferred or implied terms, conditions, and warranties arising out of this document and excludes all liability for loss and damages arising therefrom. This publication is the copyrighted property of Colliers and/or its licensor(s). © 2026. All rights reserved. This communication is not intended to cause or induce breach of an existing listing agreement. Retail Disclaimer Colliers’ statistical tracked set for San Diego County includes all single and multi-tenant shopping centers and any free standing retail above 2,500 square feet. Traditional shopping malls are excluded from the total tracked inventory. Additional Notes Colliers’ leasing activity data includes all lease types including new leases, renewals, expansions, and sale-leasebacks. Colliers’ availability rate includes space marketed for lease by landlords or sublessors. Colliers Q1 2026 Retail Report | San Diego County 5 Page 110 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda A N N U A L R E V E N U E L E A S E A N D S A L E T R A N S A C T I O N S C O U N T R I E S W E O P E R A T E I N S Q U A R E F E E T M A N A G E D A S S E T S U N D E R M A N A G E M E N T P R O F E S S I O N A L S $5.6B 44,000 70 2B $108B 24,000 Number of countries includes affiliates colliers.com Christopher Reutz Research Director +1 619 677 5385 Chris.Reutz@colliers.com Market Contacts 4350 La Jolla Village Dr, San Diego, CA 92122 Lori Ryan Senior Research Analyst +1 858 677 5346 Lori.Ryan@colliers.com Aaron West Managing Director +1 619 595 0823 Aaron.West@colliers.com Page 111 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Outdoor Dining Ordinance 1 Planning Commission Item 6.2 August 12, 2026 Page 112 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Purpose of Ordinance •Establish permanent citywide regulations for Outdoor Dining Facilities •Create objective ministerial encroachment permit process •Support pedestrian-oriented commercial activity and economic vitality •Provide operational, accessibility, and safety standards Page 113 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Subcommittee Direction •Ministerial permit process •Reviewed for safety & infrastructure conflicts •Regulate Pocket Patio concentration along blocks •Address operational concerns in the public Right of Way Page 114 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Fee Program Page 115 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Safety Elements Flush w/ sidewalk Safety Elements •Objective safety standards •Roadway protection features •Building permit review and inspection •Emergency access maintained •Maximum of three Pocket Patios •Location restrictions Page 116 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Outdoor Dining Zones Example Only AI Generated Page 117 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Outdoor Dining Zones Sidewalk Café –Single Width Minimum 5’ Clearance Maximum Size Pocket Patio –Three Spaces Roadway Setback Example Only -AI Generated Page 118 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda RECOMMENDATION Planning Commission recommend City Council adopt an ordinance amending Chula Vista Municipal Code (CVMC) Title 19 (Planning and Zoning) to add Chapter 19.59 (Outdoor Dining Regulations) and recommend the City Council adopt a resolution to establish fees associated with Outdoor Dining Facilities within the public right-of-way. Page 119 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Extra Slides Page 120 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda Fee Program Pocket Patio (Average 660 sq. ft., Three Metered Parking Spaces) Fee Annual Monthly Amount Three Spaces Per Square Foot Public Right-of-Way Occupancy $15,840.00 $1,320.00 660 $2.00 Parking Revenue Recovery $4,380.48 $365.04 $12.00 $0.02 Total $20,220.48 $1,685.04 N/A $2.02 Example Only - Actual square footage and fees will be calculated at time of application. Sidewalk Café Fee Annual Monthly Amount 5' by 12' Space Per Sq. Ft. Public Right-of-Way Occupancy $720.00 $60.00 60 $1.00 Example Only - Actual square footage and fees will be calculated at time of application. Permit Fees - Including Inspection Initial Renewal Pocket Patio $3,500 $1,250 Sidewalk Café $1,250 $500 Example Only - actual fees will be calculated at time of application. Page 121 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda August 12th, 2026 Dear Chula Vista Planning Commissioners, I am writing to you all today on behalf of the Downtown Chula Vista Outdoor Dining Task Force, a task force of the Downtown Chula Vista Association (DCVA) Board of Directors set up to evaluate the proposed outdoor dining regulations being reviewed at the Planning Commission meeting on Wednesday, August 12th, 2026 at 6:00 PM. The DCVA Outdoor Dining Task Force consists of several long-standing business owners on Third Avenue, ranging from professional services to food and beverage establishments, and is motivated to engage the City in constructive dialogue around the establishment of reasonable outdoor dining regulations. On July 15th, 2026, the DCVA Outdoor Dining Task Force convened to review the proposed outdoor dining regulations and associated fee structure. After a thorough evaluation, the Task Force has outlined suggested actions for consideration by the Planning Commission to realize a more feasible and economical outdoor dining policy for the city at large. Those suggested actions are as follows: 1.City Should Provide a Standard Design + Build Template that Establishes Standardization & Aesthetic Uniformity for Certain Corridors 2.The DCVA, In Its Liaison Capacity With The City, Should Be Engaged To Monitor Compliance To Design And Activity. This DCVA can provide more frequent monitoring and reporting of both the sidewalk cafes and pocket patios. 3.Strike The Sidewalk Café Initial Permit Fee: $1,250. The City does not currently charge for this permit, per Development Services Memo Issued on October 8th, 2024. 4.Strike The Sidewalk Café Annual Renewal Fee: $500. These sidewalk cafes are easily monitored and, again, no fee is currently instituted and they function perfectly fine. 5.Reduce the Pocket Patio Initial Permit Fee from $3,500 to $1,750 . Permit fee reductions can be achieved through time-savings on unform design review and standard templates. 6.Reduce the Pocket Patio Annual Renewal Fee from $1,250 to $625. Annual fees should be paid on an end-of-quarter schedule, and fees should be assessed bi-annually. 7.Completely Strike the Right-of-Way Occupancy Fees. These additional fees are cost- prohibitive and will deter general business participation. The downtown parking meters don’t generate revenue for the City before 8:00 AM or after 6:00 PM, Monday through Saturday, and are not active on Sundays. Under these regulations, the City is proposing charging private businesses for exclusive use of a portion of a public street that it also provides for free public use during certain hours throughout the week. Written Communication - 6.2 Li Mandri - Received 08/12/26 Page 122 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda 2 8. If A Business Were To Close Or Relocate, Their Existing Sidewalk Café Or Pocket Patio Permit Does Not Transfer To The New Commercial Tenant Or Building Owner. A new process would need to be undertaken to secure an outdoor dining permit for the new tenant/usage. To date, the DCVA Outdoor Dining Task Force has engaged in very positive and productive conversations with Economic Development Department staff regarding this policy matter, and look forward to continuing this collaborative approach with the Planning Commission at this next juncture. It is the hope of the DCVA Outdoor Dining Task Force that an ordinance can be formulated that is actionable and achievable to the common business owner. The Task Force outlines these suggestions not for the benefit of only downtown, but for prosperity of all of Chula Vista. Thank you for your attention to this important issue. Sincerely, Dominic LiMandri District Manager Downtown Chula Vista Association (DCVA) Written Communication - 6.2 Li Mandri - Received 08/12/26 Page 123 of 123 City of Chula Vista Planning Commission August 12, 2026 Agenda