HomeMy WebLinkAbout2008/05/06 Additional Information
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When Montgomery was annexed at the end of 1989, according to the
Montgomery Specific Plan the retail sales in this area were number 2 per
capita of cities in the County-just above Chula Vista.
A quote from the plan states that: The amount of territory with a
commercial zoning classification greatly exceeds the amount needed to serve
the MontgomelY community. Using the standard (~r 2 acres of commercial.
service per 1000 population, Montgomery, with a population of 25,000,
would require about 50 acres (if commercial service to meet its needs. 771e
community has 144 acres actually in commercial use. The commercial
activities are, for the most part. modern and thriving.
ltfurther states on page 25:
Compared to the remainder of the City, the percentage and amount of
industrially-zoned land in Montgomery which is actual~y usedfor industrial
purposes is velY high. Seventy-one percent or 307 acres, of the industrially-
zoned land in Montgomery is being usedfor industrial purposes, whereas in
the remainder of the City of Chula Vista, only 30%, or 234 acres, of the
industrially zoned land is actually developed with industrial uses.
For the most part, the industry in Montgomery appears to be thriving
and healthy. The demandjor new industrial sites seems to be increasing
while the availability ~~r such sites is decreasing.
The industrial district constitutes an employment center, it provides
needed goods and services to a heavily populated area, and it provides a
significant tax base while requiring a minimum 01 co.~tly public services.
This is an acknowledgement of the importance ofajobs housing
balance to a healthy economy. Small businesses and cottage industries have
been the norm in the Montgomery area for generations. These businesses
invest and spend their profits in the community. They require a minimum of
public services while providing a tax base and employment center. Many
businesses feel that since annexation the city has been doing its best to
destroy this balance.
It is foolish to drive these businesses out of business. This only makes
the city's imbalance of housing and j<.>bs worse. We need these businesses.
We need for the Montgomery area to continue to be an employment center.
This will not happen if the city continues to allow code enforcement to
harass and evict businesses from our area of town for trivial reasons.
Financially the city has had a deficit since 2003 because its
expenditures exceeded its income. This was hidden from the public by
drawing down the 30 million dollar reserve account during the good
economic years. Now we are facing the tact that the 29,000 new homes built
.,.
since 1990 require more services than we can aftord to pay. At least part of
this problem can be attributed to the jobs housing imbalance, which was
10% out of balance between 2000-2004. The consultants writing the Otay
watershed Management Plan estimate this imbalance will increase to 30%
by 2030.
Small businesses are the heart and soul of the economy of a city.
Unlike with large corporations the profits stay in the city. This makes their
multiplier effect much larger than that of an out of town corporations.
Someone estimated that the amount of profit a corporation like W ALMART
contributes to a city is equivalent to you or I putting 25 cents in the
collection plate at church.
When the owners and their employees also live in the city nearly all
the profit stays here. You need to support small businesses. They add up to a
significant amount of money. Code Enforcement should not be allowed to
make city policy.
No where in this section of code does it say you can order a business closed in 2
weeks. In fact three years seems to be the shortest time limited mentioned.
Jurisdiction 1990 2000 2004 I % Change 1990- % Change 2000-
2000 2004
;ity of Chuta Vista i
fatal Population 135,160.' 174,319'. 209,133' i 29% 17% 10%
I
fatal Housing Un~s 49,846" 59,333" 70,067" I 19% 15% deficit
fotal Employment... 60,740 70,540 74,180 16% 5%
2000. I
2004
2010
2020 I 2030
I % Change ~I
2000-2030
Chula Vista Populalion
Chuta Vista Housing Units
Chuta Vista Em~ men!
63,800 I
20,002
17,808
83,194
27,290
t8,536
116,4301132.847
36,028 40.037
19,629 24,947
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30,740 73
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1n 2003 the city had a $30 million reserve. The state took money from cities because of its budget problems.
The council planned to take this amount from the city's reserves. After that expenditures outpaced revenue and
the city began deficit spending using its reserves. [fnothing is done the reserves may be gone by end of year.
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http://www.chulavistaissues.org/GF_Budget_Summary_filcslslideOO]2.htm
4/8/2008
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Table 9.
Com arative Anal sis of Retail Sal es ~
Per Cap ta + Loca Sa es se ax er "Capita
Per Local Sales Per
City Population Retail Sales Capi ta & Use Tax Capita RanI< i ng
Lemon Grove 21,798 142,719,000 6,547 1,518,287 (69.65) 1
Montgomery 25,159 154,388,000 6,136 1,642,425 (65.28) 2
Chula Vista 91,166 547,568,000 6,006 5,825,191 (63.89) 3
(Ex-Mont9omery)
Sa n tee 49,258 253,114,000 5,138 2,692,702 (54.66 ) 4
Vista 43,450 198,516,000 4,569 2,m,872 (48.68) 5
Poway 39,947 172 ,059 ,000 4,534 1,830,414 (45.82) 6
Oceanside 96,553 419,468,000 4,344 4,462,425 (46.21 ) 7
Imperi a 1 8ch. 24,550 35,203,000 1,434 374,500 (15.25) 8
SOURCE: Cal i fornia State Board of Equal ization, Twenty-Fifth Annual Report -
1985 California, Department of Finance, May-1985-Report 84El
-26-
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2. Commercial/Industrial Analysis
The amount of territory with a commercial zoning
classification greatly exceeds the amount needed to serve the
Montgomery community. Using the standard of 2 acres of
commercial, service per 1000 population, Montgomery, with a
population of 25,000, would require about 50 acres of
corrmerci a 1 servi ce to meet its needs. The community has 187
acres classified commercial, with 144 acres actually in
commercial use. The remainder is vacant or developed with a
non-commercial use (please see Table 6). The commercial
activities are, for the most part, modern and thriving.
Therefore, it may be parti ally' concl uded that Montgomery is
functioning as a commercial service center for a population
much larger than is presently contained within the specific
plan area.
Table 7.
Comparative Commercial Zoning Analysis
City of Chula Vista/Montgomery
Chula Vista
Acres %
--
Montgomery (2 I
Acres %.
A. Total Commercial Classified Territory 731
8. Territory Developed with Commercial Uses 461
C. Territory Developed with Non-Commercial Uses 159
O. Vacant Commercial Territory 109
(1) Standard of the Rule-of-Thumb:
100%
63%
22%
15%
.
187 100%
108 58%
56 30%
23 J2%
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Neighborhood Commercial
Community Commercial
Regional Commercial
Office, Highway, Visitor, Heavy Commercial
0.5 Acres/I ,000 Capita
0.5 Acres/I ,000 Capita
0.4 Acres/I ,000 Capita
0.1 to 0.6 Acres/l,OOO Capita
(11 Planning Authorities on the acreage required to provide combined
neighborhood and communitf level commercial goods and services to
I ,uuu persons 0 tter the to I owl ng fi gures :
Gallion & Eisner, The Urban Pattern, 3rd ed.
1.00 Acres/I ,000 persons
William H. Claire, Handbook on Urban Planning
.92 Acres/I ,000 persons
F. Stuart Chapin, Jr., Urban land Use Planning
.75 Acres/I ,000 persons
Urban land Institute, Shopping Center Development Handbook
1.08 Acres/l,OOO persons
Source: (21 Montgomery Estimated Population: 25,159 as of January I,
1986, California Department of Finance.
-24-
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Analysis indicates that approximately 432 acres, or 36%, of
the industrially zoned territory in the City of Chula Vista is
located in Montgomery (please see Table 7). It is
concentrated mostly in the Montgomery subcommunities of
Harborside, Otay, and West Fairfield. This has led to the
dense concentration of a wide range of industrial uses in a
relatively small area. The land use pattern is mixed, which,
in some instances, generates adverse economic impacts for both
the industrial and non-industrial tenants.
Although the mixed land use pattern does have some negative
economic aspects, it appears that the posi tive impacts of the
industrial area far outweigh the negative. For example, the
industrial district constitutes an employment center, it
provides needed goods and services to a heavily populated
area, and it provides a significant tax base while reqUiring a
minimum of costly public services.
Table 8.
Comparative Industrial Zoning Analysis
City of Chu1a Vista/Montgomery
Chu1a Vista(1)
Net
Acres %
--
Montgomery(2)
Net
Acres %
--
A. Total Industrial Classified Territory 773 100% 432 100%
8. Territory Developed with Industrial Uses 234 30% 307 71%
C. Territory Developed with Non-Industrial Uses 280 36% 35 8%
D. Vacant Industrial Territory 259 34% 90 '21't
Sources: (1) City of Chu1 a Vista, Land Use and Zoning Analysis, July
1981.
(2) Montgomery, Land Use Inventory, July 28, 1986.
Compared to the remai nder of the City, the percentage and
amount of industrially-zoned land in Montgomery which is
actually used for industrial purposes is very high.
Seventy-one percent or 307 acres, of the industrially-zoned
land in Montgomery is bein9 used for industrial purposes,
whereas in the remainder of the City of Chula Vista, only 30't,
or 234 acres, of the industrially zoned land is actually
developed with industrial uses.
For the most part, the industry in Montgomery appears to be
thriving and healthy. The demand for new industrial sites
seems to be increasing while the availability of such sites is
decreasin9. This conclusion is based on recent interviews
with industrial site developers, land availability studies,
-25-
reconstruction prohibited -
Exceptions.
A nonconfonning use shall not be enlarged, extended, reconstructed, substituted or structurally
altered, except in eonformity with the order of a duly constituted authority, unless the use is
changed to a use pennitted in the zone in which such building or premises is located, and except as set forth in CVMC
19.64.060 through 19.64.180. (Ord. 1212 S I, 1969; prior code S 33.1102).
19.64.060 Substitution or extension
restrictions.
A. When authorized in accordance with the provisions herein, a nonconfonning use which is detennined by the
commission to be of the same or a more desirable nature may be substituted for another nonconfonniug use.
B. Whenever a noneonfonning use has been changed to a conforming use, such use shall not be changed to a
noncoufonning use thereafter.
C. When authorized by the commission. in accordance with the provisions herein, a building devoted to a nonconfonning
use may he enlarged or eompleted upon the same lot or parcel where such completion is necessary and incidental to its
use.
(Ord. 1212 S I, 1969; prior code * 33.1102(A)).
19.64.070 Cessation of use defined - Time
limits.
A use shall be deemed to have eeased when it has been discontinued either temporarily or permanently. whether with the
intent to abandon said use or no!.
A. Cessation of Use of Building Designed for Nonconforming Use. A building or structure which was originally designed
for a nonconforming use shall not be put to a nonconforming use again when such use has ceased 12 months or more.
B. Cessation of Use of Building Not Designed for Nonconfonning Use. A building or structure which was not originally
designed for a nonconfonning use shall not be put to a nonconfonning use again when such use has ceased for six months
or more.
C. Cessation of Use ofNonconfi.)nning Use of Land. A nonconfonning use of land, not involving any building or
structure, except minor structures such as fences, signs and buildings less than 400 square feet in area, shall not be
resumed when such use has ceased for six months or more. (Ord. 1212 * I, 1969; prior code * 33.11 02( B)).
19.64.080 Uses subject to mandatory discontinuance.
The following nonconfonning uses are illegal and shall be discontinued in Chula Vista after the useful economic value of
the principal structures used in said uses has been realized by the owners of such structures:
A. All nonconfonning signs, billboards or commercial advertising structures;
B. All nonconfonning uses involving no structure or structures of an assessed value of $500.00 or less; 19.64.090 19-182
C. Use pennilted in an I-R or I.L or I zone when noncontonning in any CoN zone:
O. Nonconfonning residential uses located in an loR, I-L or! zone. (Ord. 1356 * I, 1971; Ord. 1212 S I, 1969: prior code
933.1102(C)).
19.64.090 Timing of discontinuance-
Generally.
For detcnnination of the time when such uses must be discontinued, the following tests and procedures are established, as
setforthinCVMC 19.64.1 10 through 19.64.160.(Ord.1295S I, 1970;Ord.1212* I, 1969; prior code S33.1 102(0)).
19.64.110 Discontinuance of structures having certain replacement value required - Time limit.
Nonconforming ~!ructures having a permit value, or by an appraisal made by the building inspector, of$500.00 or less,
shall be abate<t!nthr!'e.years from~e-ofnotifICaiiO!})(Ord. 1212 S I. 1969; prior code * 33.1102(0)(2)).
19.64.120 Removal of other uses and structures required - Notificatiou - Time limits.
A. Every nonconfonning building in any of the R zones, except residential buildings, ehurches and schools, which
nonconforming building was designed or intended for a use not permitted in the R zone in which it is located, shall be
completely removed or altered to structurally conform to the uses pennitted in the zone in which it is located, and the use
of such building shall be changed to conform with the uses permitted in the zone in which it is located within tbe times
specified in thischapter, upon notice from the planning commission, which time is measured from the date of construction,
or from the date of the last transfer oftille prior to July 8, 1969, whichever is the lesser.
B. Th~ provisions of this chapter shall also apply to every nonconforming building or use in the industrial zones which is
used for, or dcvoted to, any residcntial purpose: bospitals (exccpt emergency hospitals); hotels; institutions or homes for
the treatment of convalescent persons, alcoholics, the wounded or mentally infirm; lodging houses; schools; trailers used
for human habitation or trailer camps; and which nonconfi}nning building was designed or intended for a use not
pennitted in thc [ zone in which it is located.
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C. In no case where the property is improved by structures requiring a building permit shall this period of time be less
than 10 years from date of notification by the planning commission, except as provided in subsection (C)( I) of this
section. As used in this section. the designations "Type I building," "Type II building," "Type III building," "Type IV
building," and 'Type V building" are employed as defined in the building code:
I. Where property is unimproved or is occupied by structures of a type for which the ~Idings()de does not require a
building permit, or any trailer park~years-a~t~~!pt ofnotific~.!9R from theJj?hnning comm~
2. Type IV or Type V buildings (light mcoililJustible Irame anil wood /Tame), 15 years;
3. Type I, Type lI.or Type III buildings (tire resistant, ordinary masonry or heavy timber construction), 25 years.
O. Where more than one type of building has been constructed on the property and such buildings are used as a part of the
business conducted on the property. the longest period of time permitted before removal is required for any such building
by the provisions of this chapter shall apply to all such buildings.
E. Where buildings have been constructed on the property at different times, and where the abatement period is measured
by the date of construction, the date of removal shall be measured Irom the date of the construction of the building most
recently constructed. (Ord. 1212 S I, 1969; prior code S 33.1102(0)(3 )).
19.64.130 Uses not conforming to performance standards - Time limit for conformance.
All uses nonconlorming as of July 8. 1969, by reason of noncompliance with performance standards established herein,
shall adopt measures necessary to conform there with within five years of July 8, 1969. (Ord. 1212 9 I, 1969; prior code S
33.1102(0)(4)).
19.64.140 Uses without conditional use permit or subject to fence requiremcnts-
Time limit for conformance.
Any use that is not conducted wholly within an enclosed building as required herein and any use that has fencing
requirements shall be considered nonconforming if said use has not complied to the requirements of applying for a
conditional use permit or conformed to the lencing regulations as notified within one vear of notifications and shall be
abated in three vears from the date of notification.
(Ord. 13569 I, 1971; Ord. 1212 * I, 1969; prior code S 33.1102(0)(5)). 19-183 Chula Vista Municipal Code 19.64.190
19.64.150 Nonresidential structures-
Replacement restrictions.
Any nonresidential nonconforming building damaged more than 60 percent of its value. as established by the director of
planning and building, at the time of damage by fire, explosion, wind, earthquake, war, riot, or other calamity or act of
God. shall not be restored or reconstrueted and used as before such happening; but if less than 60 percent damaged, it may
be restored, reconstructed or used as before; provided, that such be initiated within six months and be substantially
completed within 12 months of such beginning. (Ord. 2790, 1999; Ord.
2760 9 I, 1998; Ord. 2708, 1997; Ord. 2599 9 2, 1994; Ord. 1356 S I, 1971; Ord. 1212 9 I, 1969; prior code 9
33.1102(0)(6)).
19.64.155 Residential- Replacement
permitted.
Any residential unit which was legally constructed and is nonconfonning with respect to the current zoning and/or density
of the property shall be allowed to be reconstructed in the event of any damage or destruction of the existing residential
improvements as defined in CVMC 19.64.150; provided, such be initiated within six months and be substantially
completed within 12 months of such happening. This allowance shall not apply to industrial-zoned properties. Said
reconstruction shall meet all applicable code requirements in place at the time of reconstruction and shall not be
built beyond the existing building footprint. (Ord.2708, 1997; Ord. 2599 9 3, 1994).
19.64.160 Modification of provisions permitted when.
Requirements prohibiting restoration or reconstruction or requiring discontinuance of nonconforming
uses may be modified by the planning commission for dwellings located in any R zone or for buildings nonconforming
only on the basis of yard or height requirements. (Ord. 1356 S I, 1971; Ord. 12129 I, 1969; prior code 9 33.1102(0)(7)).
19.64.170 Repair or alter-dtion permitted wben. .
Such repairs and maintenance work as required to keep it in sonnd condition may be made to a nonconforming building or
structure; provided. no structural alterations shall be made exeept such as are required by law or ordinance or authorized
aspermittedhereinbythezoningadministrator.(Ord.1356~ I, 1971;Ord.1212~ I, 1969;priorcode933.II02(E)(I)).
19.64.180 Uses not conforming to setback or height requirements - Alteration or enlargement permittcd when.
Any structure that is nonconforming because of setback or height requirements may be altered and/or enlarged by
approval of the zoning administrator on the basis that such alteration and/or enlargement shall conform to the regulations
herein except as provided for in CVMC 19.22.170. (Ord. 2711 S 2. 1997; Ord. 1356 9 I, 1971; Ord. 1212 9 I, 1969; prior
code ~ 33.II02(E)(2)).
19.64.190 Reconstruction permits.
A reconstruction penn it may be approved to allow for the reconstruction of a nonresidential nonconfonning structure in
the event that such building has been damaged or destroyed by fire, explosion, or act of God. Said permit shall allow
for reconstruction consistent with the original configuration of the building with the exception that no reconstruction can
take place within the city's current right-of-way. The zoning administrator, in accordance with CVMC 19.14.180 and
following a noticed public hearing, may approve a reconstruction pennit based upon the following lindings:
A, The nonconformity of the building was not caused by any action of the building owner.
B. The granting of the reconstruction penn it will not cause the reconstruction of a building with a nonconfonnity which is
or will be materially detrimental or injurious to the neighborhood or public welfare bascd upon factors including, but not
limited to, parking, traffic, noise, and incompatible land uses in the immediate surrounding arca.
e. The reconstruction does not exceed the existing nonconformity.
D. There are specific site constraints affecting the property which would m~ke confonnance with current zoning
regulations an undue hardship and burden on the property owner. Such site constraints include, but are not limited to,
factors such as minimal street frontage or limited vehicular access to the site.
E, The nonconformity allowed by the permit shall only apply to its current use. .said reconstruction penn it shall be
conditioned in that any new construction must meet current building and fire codes and not be pennitted within the city
right-of way. The director of planning and building may waive certain other current development standards
including building setbacks and landscaping regulations based upon hardship and upon the tinding they will not cause a
detrimental impact to the surrounding area. (Ord. 2760 S 2, 1998).
19.44.020 Permitted uses.
Permitted uses in an I-L zone are as follows:
A. Manufacturing, printing, assembling, processing, repairing, bottling, or packaging of products from previously
prepared materials, not including any prohibited use in this zone;
B. Manufacturing of electrical and electronic instruments, devices and componcnts;
C. Wholcsale businesses, storage and warehousing;
D. Laboratories; research, experimental, film, electronic and testing;
E. Truck, trailer, mobilehome, boat and farm implement sales establishments;
Chapter 19.46
1- GENERAL INDUSTRIAL ZONE
19.46.010 Purpose.
The purpose of the I zone is to encourage sound industrial development by providing and protecting an environment
exclusively for such development, su~ject to regulations necessary to insure the purity of the airs and waters in Chula
Vista and San Diego County, and the protection of nearby residential, commercial and industrial uses of the land
from hazards and noise or other disturbances. (Ord. 1281 S I, 1970; Ord. 1212 S I, 1969; prior code S 33.514(A)).
19.46.020 Permitted uses.
Permitted uses in an I zone arc as follows:
A. Any manufacturing, processing, assembling, research, wholesale, or storage uses except as hereinafter modified;
B. Automobile and metal appliance manufacturing and assembly, structural steel fabricating
shops and machine shops;
C. Brick or pottery manufacturing and stone or monument works;
D. Trucking yards, terminals, and distributing operations;
E. Electrical generating plants and liquefied natural gas plants;
F. Temporary tract signs, subject to the provisions ofCVMC 19.58.320 and 19.60.470;*
NON CONFORM[NG USES
[9.64.010 Declaration of policy.
Many nonconforming uses within the city are detrimental to the orderly development of the city
and adverse to the general welfare of persons and property, in that said nonconforming uses constitute a special benetit or
monopoly. In conformance with good zoning practices, it is the policy of the city that nonconforming uses shall be
eliminated as soon as it is economically feasible and equitable to do so. (Ord. 1212 S I, 1969; prior code S 33.110 I (A)).
19-181
Chula Vista Municipal Code 19.64.080
19.64.020 Continuance of existing uses.
Except as hereinafter specified, any use, building or structure existing as of July 8, 1969, may be
continued, even though such use, building or structure may not conform with the provisions contained herein for the zone
in which it is located; provided, however, that this scction does not apply to any use, building or structurc established in
violation of any zoning ordinance previously in effect in Chula Vista, unless said use, building or structure now conforms
with the provisions herein. Except as otherwise provided by law, nothing in this title shall prevent the strengthening or
restoring to a safe condition of any part of any building or structure declared unsafe by proper authority. (Ord. 1212 S I,
1969; prior code S 33.1101(8)).
19.64.030 Completion of construction started
prior to certain date.
A building, structure or part thereof which does not conform to the regulations for the zone in which it is situated. but for
which a building permit was issued and construction started prior to July 8, 1969, may be completed in accordance with
such plans, providing the work is prosecuted continuously and without delay. Such building shall be deemed to be a
noncont(lrming use and shall thereafter be subject to the regulations set forth herein.
(Ord. 1212 S 1, 1969; prior code S 33.1 10 I (C)).
19.64.040 Existing conditional uses to be considered nonconforming when.
Any use legally existing as of July 8, 1969, which is listed as a conditional use in the zone wherein located. shall be and
remain a nonconfonning use until a conditional use permit is obtained as provided in this title. (Ord. 1212 * I, 1969; prior
code S 33.1101(D)).
19.64.050 Enlargement, extension or
My name is Dave Davis. I am a Chula Vista resident.
I ask the .city to help our small businesses if there is any trouble like
this apparently inadvertent code infraction by one of our used car
dealers, reportedly on Main Street.
Our very small businesses are essential to the lifeblood of our city.
Many surely help to form an essential, general foundation for other,
larger businesses, and potential new businesses to come.
Abruptly and uncompromisingly forcing this used car dealer and others
out of business in an incomprehensible refusal to HELP them, instead
of destroying them, sends a loud, far-reaching signal to other potential
business start-ups.
That message to them all is this: avoid Chula Vista. Such a horrible
city reputation, once it spreads everywhere, will be extremely hard to
repair. City governments years, even decades, from now will be hindered
by it, as will all the citizens of Chula Vista.
In addition, giving business people only two week's notice to terminate
their livelihood is brutally unfair, aggravating the image of inflexibility and
lack of foresight, which is to say, bad government.
Please reconsider your. policy about these matters. Thank you.
- Dave Davis
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