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Home My WebLink About2010/02/02 Item 9 CITY COUNCIL AGENDA STATEMENT ~Uf::.. CITY OF ,--1_ (HUlA VISTA FEBRUARY 2, 2010, Item 0 ITEM TITLE: REPORT ON PREPARATION OF POTENTIAL GENERAL PLAt"J AND ZONING CODE REVISIONS REGARDING THE SITING OF ENERGY GENERATION FACILITIES WITHIN THE CITY DEVELOPMENT SERVICES DIRECTLUTY CITY MAt"JAGER ~ CITY MANAGE"l SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES D NO [ X I SUMMARY During 2008 and early 2009, the California Energy Commission's (CEC) review of a peaker power plant proposal in southwestern Chula Vista generated substantial debate regarding interpretation of City General Plan and Zoning Ordinance provisions for the location of energy generation facilities, Staff has prepared preliminary concepts that could improve clarity on this issue, and would like to share those with the Council for any input or direction prior to preparing and returning any amendments for formal consideration, ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed acltvlty for compliance with the California Environmental Quality Act (CEQA) and has determined that the action being requested from City Council is not a "Project" as defined under Section 15378 of the State CEQA Guidelines, Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the proposed action is not subject to CEQA Thus, no further environmental review is necessary, RECOMMENDATION That the City Council provide any input or direction to staff regarding potential revisions to the General Plan and Zoning Ordinance related to energy generation facilities, BOARDS/COMMISSION RECOMMENDATION Not applicable 9-1 FEBRUARY 2, 2010, 1teml Page 2 of6 DISCUSSION Background As noted in the introduction, during 2008 and early 2009 the California Energy Commission (CEC) considered an Application for Certification (AFC) for a proposed peaker power generation facility south of Main St. in southwestern Chula Vista called the Chula Vista Energy Upgrade Project, and commonly referred to as "MMC". As part of the AFC process, the CEC conducts an evaluation of the proposal's conformance with applicable Laws, Ordinances, Regulations or Standards, known as the LORS process. The LORS review looks at all applicable local provisions including the City's General Plan and Zoning Ordinance. During the LORS process on the MMC AFC, questions and debate arose regarding the interpretation and application of both General Plan policy on environmental justice and energy generation facility location, and City Zoning Ordinance provisions for siting such facilities. While there were a number of details, the primary issues were whether energy generation facilities must be located at least 1000ft from sensitive receivers (such as schools and residences) in all instances, and whether such facilities can be sited at all within any zones other than our General Industrial (I) zone. The questions and debate encompassed substantial time expenditures and generated much written and other correspondence on the part of the CEC, intervening parties and the City. In reflecting on the process, it is clear that some edits to both the General Plan and Zoning Ordinance would enhance clarity and understanding, and would be beneficial in the instance of any future facility consideration and another AFC process. Staff has since given initial thought as to how this could be accomplished as summarized below, and wants to share this with the Council before proceeding with any further work. Potential Clarifying Edits to the General Plan and Zoning Ordinance Following is an outline of those areas of the General Plan and Zoning Ordinance brought to question, the basic issue(s) raised, and the nature and intent of potential clarifying edits that staff contemplates. Rather than propose specific language at this time, staff is seeking initial input from Council on the overall direction of the proposed changes. Using this input, staff would then develop draft language to review and discuss with interested parties, and then prepare a set of proposed General Plan and Zoning Ordinance revisions for formal consideration by the Planning Commission and City Council. General Plan The primary area of policy question regarded portions of the General Plan Environmental Element (EE) on the topic of Environmental Justice (EJ). The 2005 General Plan update added a discussion on EJ (EE Section 1.6), along with focused subject discussions and policy on a number of items. Of particular focus in the discussions was; Section 3.1.6 Promoting Clean Air (Objective E5, Policies E6.1 -E6.15), with particular emphasis on Policy E 6.4, and Section 3.6 Environmental Justice (Objective E23, Policies 23.1 - 9-2 FEBRUARY 2, 2010, Item~ Page 3 of6 23.5), with particular emphasis on Policy E 23.3 (see Attachment I for existing GP excerpts). Issue(s): The wording structure of Policy E 6.4 (below) raised several key questions including; E 6.4 Avoid siting new or re-powered energy generation facilities and other major toxic air emitters within 1,000 feet of a sensitive receiver, or the placement of a sensitive receiver within 1,000 feet of a major toxic emitter. Whether the word "avoid" meant that there may be circumstances where a facility could be closer than 1000 ft. when other alternative sites have been evaluated and determined infeasible. The Environmental Health Coalition (EHC) who had been directly involved with the GP update, felt the policy intent was clear and distinct that 1000ft was a minimum regardless. Whether the phrase "..and other major toxic emitters.." implied that only those energy generation facilities deemed major toxic emitters must be 1000ft from sensitive receivers. The definition of "major toxic emitter" is also unclear. EHC felt the wording acknowledged that energy generation facilities are understood to be toxic emitters subj ect to the 1000ft. Whether energy generation facilities that do not have toxic emissions, such as a solar facility, would be subject to the 1000ft. Staff Proposal(s): Reword the Policy E 6.4 to clarify that uses involving toxic emissions (whether that be an energy generation facility or another use), should be located at least 1000ft from sensitive receivers. Remove reference to "major" toxic emitters, or better reference the level of toxics that warrant the 1000ft separation. This could be accomplished by making reference to other laws or regulations that govern the subject, although this may vary by the type of use. Clarify that energy generation facilities that do not have toxic emissions (such as solar or wind) could potentially be less than 1000ft from sensitive receivers. This could be accomplished through wording under the first item above, or through an added policy. Clarify that back-up or emergency power generation in conjunction with another primary use (such as at a hospital) do not fall under the policy. 9-3 FEBRUARY 2, 2010, Item~ Page 4 of6 Policy E 23.3 (below) was referenced as a complementary policy, and to assist in illustrating that the focus/intent of Policy E 6.4 was specific to toxic air emissions and to ensure energy generation facilities should be at least 1000ft. from sensitive receivers. E 23.3 Avoid siting industrial facilities and uses that pose a significant hazard to human health and safety in proximity to schools or residential dwellings. No questions regarding intent or interpretation were raised, and no changes to Policy E 23.3 are proposed. Questions also arose regarding which General Plan Land Use Designations provide for the potential location of energy generation facilities other than General Industrial. Issue(s): Stemming from the zoning item discussed in the following section, reference was made to the fact that the term "public utilities" is only referenced in the General Plan Land Use Designation description for General Industrial. Therefore, it was stated that public utilities (such as energy generation facilities) are not permissible in other Land Use Designations, such as Limited Industrial or others. Staff Proposals: The Designation descriptions in Section 4.9 of the Land Use & Transportation Element are meant to be brief, general characterizations of the nature of uses, rather than prescriptive use lists, which is the role of zoning. Public utilities can take a variety of forms, and are often also seen in Limited Industrial designated areas, as well as Public/Quasi-Public. Some types of utilities (such as substations, water tanks, or pump stations) can also occur within other land use designations absent their being specifically listed as part of the broad GP Land Use Designation descriptions. Since larger public utility uses often locate within Limited Industrial designated areas, as well as Public/Quasi- Public designated areas, some minor clarifications to the Designation descriptions may provide clearer guidance. For example, the Otay Landfill is located on Public, Quasi-Public designated land as is the water treatment facility at Lower Otay Reservoir. We also noticed that the format of the Public and Quasi-Public description section needs revision as it does not follow the format of the others, and focuses on existing uses. Add the use reference "public utilities" to the Limited Industrial and the Public and Quasi-Public Land Use Designation descriptions in LUT Sections 4.9.5 and 4.9.6. Add "such as" examples in the descriptions to clarify what "public utilities" means. Revise the format of the Public and Quasi-Public description to follow that of the other descriptions by referring to "intended" uses. 9-4 CI FEBRUARY 2, 2010, Item---,- Page 5 of6 Zoning Ordinance The primary area of questions regarding the Zoning Ordinance focused on permitted and conditional uses with our General Industrial (I) and Limited Industrial (lL) zones, and the Unclassified Uses section with regard to public and quasi-public uses. At present, the only zone in which "electrical generating plants" are specifically listed as a permitted use is the "I" zone. Electrical generating plants have also been interpreted a "public and quasi-public" use under the Unclassified Uses (Chapter 19.54) portion of the Zoning Ordinance. As an Unclassified Use, electrical generating plants are conditionally permissible in other zones (including Limited Industrial and Public/Quasi-Public) subject to review and approval of a Conditional Use Permit. The latter was the course for permitting of the original MMC project on the Main St. site that is zoned IL. (Excerpts of the involved portions of the Zoning Ordinance are presented in Attachment 2). The questions raised issue over whether interpretation of "electrical generating plants" as an unclassified, public/quasi-public use was appropriate and clear given the current wording and internal structure of the Zoning Ordinance. Arguments cited that because "electrical generating plants" are only referenced in the "I" zone, the code clearly intended they only be located there. It was also stated that because they are specifically listed as a "permissible" use in the "I" zone, they cannot then be considered as an unclassified, public/quasi-public use in other zones such as "IL". Also, "electric substations" are listed in the Uses portion of the Ordinance (Chapter 19.58), but electrical generating plants are not and, the definition of "quasi-public"(19.04.090) includes "electrical substations" by name, but not "electrical generating plants". Issue(s): In review 0 f the various interrelated code sections, questions and varying interpretations can arise in that reference to "electrical generating plants" only occurs under the "I" zone, and there is no direct reference or definition for them as a public or quasi-public use within the code. This can also cause confusion when interpreting the Unclassified Uses portion (Chapter 19.54) of the Ordinance. Staff proposal(.)s: The following proposals retain and build upon the current approach that "electrical generating plants" are considered an unclassified, public/quasi-public use, and would add clarity to three interrelated sections of the Ordinance: Revise the Uses section (Chapter 19.58) to add a new subsection (potentially 19.58.142) to describe "Electrical generating plants", and to list findings or requirements that would need to be met in locating such facilities. Those could include that the facility be at least 1000n from sensitive receivers if it has toxic emissions. The findings or requirements could also outline provisions for cleaner facilities such as solar. 9-5 FEBRUARY 2, 2010, Item~ Page 6 of6 Revise the Definitions section (Chapter 19.04) to edit the definitions listing for Quasi-Public (subsection 19.04.190) to encompass "Public/Quasi-Public", and revise the definition text under subsection 19.04.190 to add more examples for public/quasi-public uses including "electrical generating plants". Also define examples of what are typically considered "public utilities". Revise the Unclassified Uses section (Chapter 19.54) by adding a reference to existing item (19.54.020.M - Public and quasi-public uses) that would refer to the new provisions of "Uses" Section 19.58.142 (proposed above). Those new provisions in the "Uses" section would include findings or requirements for locating electrical generating plants. DECISION MAKER CONFLICT Not Applicable: Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations Section 18704.2(a)(I) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT Staff resources necessary to prepare and process any clarifying amendments to the General Plan and Zoning Ordinance can be provided from within the existing Development Services Department's budget. ONGOING FISCAL IMPACT None identified at this time. If the potential amendments are prepared and adopted, they would be used in conjunction with the review of any future facility proposals. Fiscal effects associated with any proposals would be addressed in conjunction with their consideration. ATTACHMENTS I. Existing General Plan text excerpts 2. Existing Zoning Ordinance excerpts Prepared by: Ed Batchelder, Advance Planning lvfanager. Development Services J:\Planning\ED\Power Plant proposals\Council Agenda Statement revl 2~2.1 Q.dot 9-6 ATTACHMENT 1 GENERAL PL,;\J'\T EXCERPTS . Section 3.1.6 Promoting Clean Air, Policy E 6.4 . Section 3.6 Environmental Justice, Policy E 23.3 . Sections 4.9.5 & 4.9.6, Industrial & Public and Quasi-Public Land Use Designations o 9-7 (/ff(J~ Ch~la ~@O Vista \Ziy Vision '~'~,,.,.J/ 2020 ENViRONMENTAL CHAPTER 9 -.--.-- -----~--_._-_._- .---- -_._--~------_._-_..__._._--_. --..-- .-..-... - .... ,-....--- ~,~:?=._.~r~~~R':l~..~L~a':l..~iL. '."=':':==__CC_ _-="-'--__....".=..:.:....______=". Both the federal government and the State of California have enacted legislation designed to improve air quality, including the 1970 Federal Clean Air Act and the California Clean Air Act of 1988. Attainment areas are in compliance with the national and/or California ambient air quaiity standards for a given pollutant whereas, non-attainment areas are not San Diego County's federal and state designations for each of the criteria pollutants as of December 2004 are as follows. TABLE 9-1 San Diego Connty's Federal and State Designations for Criteria Pollutants as of December 2004 Criteria Pollutant Federal Desinnation State DesiGnation Ozone (one hour) Attainment Nonattainment Ozone (eiqht hour) Nonattainment (no state standard) Carbon Monoxide Attainment Attainment Nitrooen Dioxide Attainment Attainment Sulfur Dioxide Attainment Attainment Lead Attainment Attainment Sulfates (no federal standard) Attainment Hvdrooen Sulfide (no federal standard) Unclassified Visibility (no federal standard) Unclassified PM 101 Unclassifia ble Nonattainment PM 252 (to be desionated) (to be desianated) lparticulate matter of 10 microns or less in diameter lpartlculate matter of 25 microns or less in diameter o Source.: County of San Diego Air Pollution Control District and U. S. Environmental Protection Agency Unlike particulate matter and toxic air emissions that can be emitted directly from a vehicle's tailpipe, smog fomns in the atmosphere from the photochemical reaction of volatile organic compounds and oxides of nitrogen, both of which are emitted by motor vehicles. Cars, trucks, and other motor vehicles produce about half of the smog-forming emissions in San Diego County. In addition, motor vehicles emit toxic air contaminants, contribute signiikantly to particulate matter levels, and in areas where substantial vehicular congestion occurs, can result in carbon monoxide (CO) "hot spots". Page E-28 A toxic air contaminant is an air pollutant that may increase a person's risk of developing cancer and/or other serious health effects. Since 1990, the San Diego County Air Pollution Control District (APCD) has operated toxic sampling sites in EI Cajon and Chula Vista. Data from these sites has consistently' shown a significant downward trend in concentrations of several Known carcinogens. Overall, emissions of air toxics are declining, with an 80 percent reduction in estimated industrial toxic air emissions since the early 1990's. City of Chula Vis'", General Plan !l 8 Ai /v{S The California Air Toxics "Hot Spots" Information and Assessment Act requires facilities emitting toxic substances to provide iocal air pollution controi districts with information that will facilitate an assessment of the air toxies problem; identification of air toxies emission sources; location of resulting "hot spots"; notification of the public exposed to significant risk; and development of effective strategies to reduce potentiai risks to the public over a period of five years. The APCD is the implementing agency for approximateiy 1,600 facilities required to comply with the Act within San Diego County. At the state level, the California Air Resources Board continues to implement an ongoing program to IdentifY toxic air contaminants, assess their public health risks, and develop air toxies control measures to reduce toxic emissions from specific source categories statewide. Local air districts then must adopt and implement the state-approved emission reduction measures. The APCD has adopted statewide air toxies control measures (or is directly implementing measures) requiring actions, including: emissions controls for chrome plating operations; medical and commercial sterilizers; medical waste incinerators; dry cleaning operations; metal melting operations; and automotive maintenance and repair activities. APCD Rule 1200 (Toxic Air Contaminants New Source Review), adopted in 1996, requires evaluation of potential health risks for any new, relocated, or modified emission unit that may increase emissions of one or more toxic air contaminants. The rule requires projects with an increase in cancer risk between 1 and 10 in one million to install toxics best available control technology. Additionally, projects with an increase in cancer risk between 10 and 100 in one million must meet significantly more stringent requirements to mitigate risks before they can be approved. ENVIRONMENTAL CHAPTER 9 The Chula Vista Carbon Dioxide Reduction Plan contains twenty action measures aimed at reducing greenhouse gas emissions, improving air quality, and encouraging energy conservation. < Energy conservation and a transition from fossil fuel based electricity generation and heating to non-fossil fueled alternatives will reduce the amount of local, regional, and global air pollution produced and result in improved air quality. The City of Chula Vista has developed a number of plans and strategies that focus on improving air quality and energy conservation. The Chula Vista (Carbon Dioxide) Reduction Plan, adopted in November of 2000, contains twenty action measures aimed at reducing greenhouse gas emissions, improving air quality, and encouraging energy conservation. The City requires the preparation of an Air Quality Improvement Plan (AQIP) for all major development projects. The focus of an AQIP is to provide for energy conservation and air quality improvements through improved project design and _ participation- in energy efficient building programs. City of Chula Vista General Plan 9-9 Al,2,-f8 , Page E-31 ~\{f.? - - -~ <TIm 0iL\A V1SIA .. --.--,---:-: it\1~ Chl;lla '\-~~" J! V lsta X:DJ Vision 2020 ENVIRONMENTAL CHAPTER 9 , Land use and transportation have the greatest impact on air quality in Chula Vista. While progress has been made at the regional level there is still much that can be done locally. Safeguarding public heaith is the focus of federal and state activities with regard to air quality programs. The impact of air quality on the health of the residents of Chuia Vista is an important issue. Energy conservation and a transition to renewable, non-fossil fuel based energy are an important means to reduce emissions caused by the generation of electricity. As growth and redevelopment continues in Chuia Vista, air quality will remain an important factor to the quality of life desired by the community. _. .u~,.,. ._ ,,__ 'm~'" ..._,___ _..."'_ ..n.._... .e...... ,_ _." .._.._...._..... ....... .--" .".-.. "- ... ".,. ..,..' .,U':".'U' ," ;'ObJective,;E6 ."" Improve local air quality by minimizing the production and emission of air pollutants and toxic air contaminants and limit the exposure of peop'I~,!~,su~~"P?II~!"~~~._....,_.,.,u,_". ,''__m "',__ . ,.. .',__ -_.~.",,- ". ....--.,..... '-" .'...,. ".. . , Policies ( E 6.1 Encourage compact development featuring a mix of uses that locate residential areas within reasonable walking distance to jobs, services, and transit E 6.2 Promote and facilitate transit system improvements in order to increase transit use and reduce dependency on the automobile. E 6.3 Ensure that operational procedures of the City promote clean air by maximizing the use of low.and zero-emissions equipment and vehicles. '-- , E6.4 Avoid siting new or re-powered energy generation facilities and other major toxic air emitters within 1000 feet of a sensitive receiver, or the placement of a sensitive receiver within 1,000 feet of a major toxic emitter. E 6.5 Ensure that plans developed to meet the City's energy demand use the least polluting strategies, wherever practical. Conservation, clean renewables, and clean distributed generation shouid be considered as part of the City's energy plan, along with larger natural gas-fired plants. Page E-32 City of (hula Vist2i General Plan !l 10 A 1) 70+8 E 6.6 E 6.7 E6.S E 6.9 E6.10 E 6.11 E6.12 E6.13 E 6.14 E6.15 ENVIRONMENTAL CHAPTER 9 Explore incentives to promote voluntary air pollutant reductions, including incentives for developers who go above and beyond applicable requirements and for facilities and operations that are not otherwise regulated. Encourage innovative energy conservation practices and air quality improvements in new development and redevelopment projects consistent with the City's Air Ouality Improvement Plan Guidelines or its equivalent pursuantto the City's Growth Management Program. Support the use of alternative fuel transit City fieet and private vehicles in Chula Vista. Discourage the use of landscaping equipment powered by two-stroke gasoline engines within the City and promote less-polluting alternatives to their use. The siting of new sensitive receivers within 500 feet of highways resulting from e development or redevelopment projects shall require the preparation of a health risk assessment as part of the CEOA review of the project Attendant health risks identified in the Health Risk Assessment (HRA) shall be feasibly mitigated to the maximum extent practicable, in accordance with CEOA, in order to help ensure that applicable federal and state standards are not exceeded. Develop strategies to minimize CO hot spots that address all modes of transportation. Promote clean fuel sources that help reduce the exposure of sensitive uses to pollutants. Encourage programs and infrastructure to increase the availability and usage of energy-efficient vehicles, such as hybrid electric vehicles, electric vehicles, or those that run on alternative fuels. The City will implement a clean vehicle/alternative fuel program for City vehicles (except safety vehicles and equipment when not feasible) and promote the development of infrastructure to support their use. Site industries in a way that minimizes the potential impacts of poor air quality on homes, schools, hospitals, and other land uses where people congregate. 9 11 At; 4-0/0 Page E-33 ..s.lf~ - - ~ =" G!UAVlSL-\ Cily of Chul~ VistJ General Plan ,.-...,-.-...-..,... ~/'-'J~ Chula "'"' /. ~ V. ... ""~ 1sta ~'~. IF ~ \7f'l Vision ,,# 2020 [NVI RONMENT AL CHAPTER 9 Policies E 22.1 Work to stabilize traffic volumes in residential neighborhoods by limiting throughways and by facilitating the use of alternative routes around, rather than through, Neighborhoods. E 22.2 Explore the feasibility of using new technologies to minimize traffic noise, such as use of rubberized asphalt in road surface materials. E 22.3 Employ traffic calming measures, where appropriate, such as narrow roadways and on-street parking, in commercial and mixed use districts. E 22.4 Encourage walking; biking; carpooling; use of public transi~ and other alternative modes of transportation to minimize vehicular use and associated traffic noise. . E 22.5 Require projects to construct appropriate mitigation measures in order to attenuate existing and projected traffic noise levels, in accordance with appiicable standards, including the exterior land use/noise compatibility guidelines listed in Table 9-2 of this Environmental Element ... 3.6 Environmental Justice Environmental justice is introduced, defined and discussed in Section 1.6 of this Environmental Element Please refer to that section, and other related sections of this document for additional background The following objective and policies augment other parts of this General Plan that help to further, at the local level some of the comcepts and principles that have emerged regarding this topic at at the national, state, and regional levels. 9-1? Ai) :7o{8 Paae E-78 Ciiy of Chula Vista General Plan ENVIRONMENTAL CHAPTER 9 'Objecl:hie . E 23 : Provide fair treatment for people of all races, cultures, and income levels with respect to development adoption, implementation, and enforcement of environmental laws, regulations and policies. ______ ,. H... ._ Policies E23.1 Provide public outreach efforts and public involvement opportunities for residents affected by proposed City projects. E23.2 Plan for the equitable distribution of public facilities and services. > E23.3 Avoid siting industrial facilities and uses that pose a significant hazard to human health and safety in proximity to schools or residential dwellings. . E23.4 Build new schools and residential dwellings with sufficient separation and buffering from industrial facilities and uses that pose a significant hazard to human health and safety. E23.5 Promote more livable communities by expanding opportunities for transit-oriented development 9 tS 41; vi,{b ~'I~ -- Page E-79 olli~ Cit; of Chula Vis'", General Plan LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Mixed Use Commercial The Mixed Use Commercial designation allows for a mix of retail, business services, and office uses, but excludes residential. Ground fioor uses are predominantly retail in order to promote pedestrian activity. Mixed Use Residential The Mixed Use Residential designation allows a mix of multi-family residential; retail shops; financial; business and personal services; restaurants; entertainment an'd office opportunities in a pedestrian-friendly environment Ground Hoor uses are predominantly non-residential in order to promote pedestrian activity. Plan policies or the City's Zoning Ordinance may require certain uses, such as ground fioor retail, in areas with this designation. Due to the more intense, compact nature of Mixed Use Residential development these areas are typically served by transit service and other forms of transportation, including enhanced pedestrian and bicycle travel. The Mixed Use Residential designation is intended to be less intense than deveiopment in the Mixed Use Transit Focus Area. . Mixed Use Transit Focus Area The Mixed Use Transit Focus Area (TfA) designation is intended within approximately '/. mile of existing and planned transit stations, and Is intended for the highest intensity mixed use residential environment This designation allows a mix of residential, office, and retail uses in an area that is pedestrian-friendly and has a strong linkage to provision of transit 4.9.5 Industrial Category Three industrial land use designations provide opportunities in the City to conduct research and development manufacturing; warehousing; and limited automotive-related endeavors. Limited Industrial The Limited Industrial designation is intended for light manufacturing; warehousing; auto repair; auto salvage yards; and fiexible-use projects that combine these uses with associated office space. The FAR for this categOlY ranges from 0.25 to 0.5. 9-14 ~\!f?- ..... = Page LUT-53 00%1~ Ai} 7of8 t\JdCh~lla ,,_0 " II V lsta ,/ t~/J Vision --1# 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Regional Technology Park The Regional Technology Park designation is intended for research and development along with the administrative and office space associated with such activity. The FAR for this category ranges from 0.25 to 0.75. General Industrial ~ The Generai Industrial designation is intended to allow all uses identified for the "Research' and 'Umited Industrial' categories, plus heavier manufacturing, large-scale warehousing, transportation centers and public utilities. This category also includes auto salvage yards. The FAR for this category ranges from 0.25 to OS. 4.9.6 Public and Quasi-Public, Parks, and Open Space The following land use designations are provided to identify various lands used for public, quasi- public, recreation/parks, and open space uses. e '-....., -." '.., "'-' ' Public and Quasi-Public ~~~r'jf,;}".t~;~i~:ii~ '~'?r~jit~~ ~:':\~;' "'~ The Public and Ouasi-Public designation depicts existing areas ., '~"I,J1~'i~'" " "" used by schools; churches; hospitals; CIVIC centers; fire stations; , i,i" ''<\ c and libraries. When only a P or PO symbol is used on the Land , Use Diagram, without the PO land use, it indicates the possible location of a future facili1y, rather than an existing use. ~ Parks and Recreation The Parks and Recreation designation is intended for parks; sports fields; playgrounds; golf courses; and other passive and active recreation uses. The designation may also include communi1y centers and urban parks. Open Space The Open Space designation is intended for lands to be protected from urban development inciuding ftoodplains; canyon; mountain; and agricultural uses. These lands may include unique natural conditions; provide scenic vistas; or are areas to be set aside that have potential exposure to hazards such as earthquakes; landslides; fires; ftoods; erosion; or even high levels of roadway noise. Passive recreation uses, such as trails; staging areas; scenic overlooks; and picnic areas, may occur within these areas. Page LLfT-54 City of Chula Vista General ~an Ai) 8 c.(' 8 9-15 ATTACHMENT 2 ZONING ORDINANCE EXCERPTS . Chapter 19.04 Definitions, 19.04.190 Quasi-Public . Chapter 19.54 Unclassified Uses, 19.54.020.M Public and Quasi-Public Uses . Chapter 19.58 Uses, 19.58.142 (new) Electrical Generating Plants . Chapter 19.44 IL - Limited Industrial Zone, 19.44.040.J Unclassified Uses . Chapter 19.47 PQ - Public/Quasi-Public Zone, 19.47.040.K Unclassified Uses . Chapter 19.48 I - General Industrial Zone, 19.46.020.E Permitted Uses . 9-16 Chapter 19.04 DEFINITIONS Sections: 19.04.002 Definitions and construction of terms generally. 19.04.004 Access. 19.04.006 Accessory use or structure. 19.04.007 Adult bookstore. 19.04.007A Adult motion picture theater. 19.04.007B Adult mini-motion picture theater. 19 04.008 Agent of owner. 19.04.010 Agriculture. \9.04012 Alley. 19.04.0\3 Amusement facility. 19.04.014 Apartment, efficiency. 19.04.015 Auction. 19.04.016 Automobile dismantling. 19.04.018 Automobile or tmiler sales area. 19.04.020 Automobile repair, major. 19.04.022 Automobile maintenance and repair, mmor. Automobile service station. Basement. Beginning of construction. Block. Boardinghouse or lodginghouse. Boatel. Body painting studio. Building. Building, height of. Building, high rise. Building line map. Building, main. Bulkhead. Carnival. Carport. Cabaret. Cellar. Chub Vista general plan. Coin-operated adult entertainment facility. 19.04.052 Commission. 19.04.054 Communication equipment building or use. Community purpose facility. CounciL Court. Coverage. Crop and tree fanning. Dancehall and dance floor. Day nursery. 1904.024 19.04026 19.04.028 19.04.030 19.04.032 19.04.034 19.04.035 19.04.036 19.04.038 19.04.039 19.04.040 19:04.042 19.04.044 19.04.045 19.04.046 19.04.047 19.04.048 19.04.050 19.04.051 19.04.055 19.04.056 19.04.058 19 04 060 19.04.062 1904.063 19.04.064 19.04.066 19.04.068 19.04.070 19.04.072 19.04.074 19.04.076 19.04.078 19.04.080 19.04.082 19.04.084 19.04.086 19.04.087 19.04.088 19.04.090 19.04.092 19.04.093 19.04.094 19.04.095 19.04.096 19.04.097 19.04.098 19.04.100 19.04.102 19.04.104 19.04.106 19.04.107 19.04.108 19.04.110 19.04.112 19.04.114 19.04.116 19.04.118 19.04120 19.04.122 19.04.124 1904.126 19.04.128 19.04.130 19.04.132 19.04.134 1904.136 19.04.138 19.04.140 19.04.142 19.04.144 19.04.146 1904.148 19.04.150 19.04.152 19.04153 19.04.154 19.04.155 Development unit. Distance between residential stnlctures. Dock. Driveway. Dwelling. Dwelling group. Dwelling, single-family. Dwelling, two-family or duplex. Dwelling, multiple. Dwelling, townhouse. Dwelling unit. Dwelling, accessory second unit. Efficiency living unit. Essential services. Family. Family day care. Family dJY care home, large. Family day care home, smalL Filling station. Floor area ratio (residential). Full-time foster home. Garage, private. Garage, public. General development plan. Guest house. Hazardous waste facility. Home occupation. HospitaL Hotel. Houseboat. Junkyard. Kennel. Kitchen or kitchenette. Landscape manual. Landscaping. Lot. Lot area. Lot, comer. Lot depth. Lot, interior. Lot line, front. Lot line, interior. Lot line, rear. Lot line, s,ide. Lot line, street or alley. Lot lines. Lot of record. Lot, through. Lot width. rvIassage parlor. Mobilehome. Model studio. " (Revised 1/04) 19-4 9-17 AZ) I ~t 13 Chula Vista Municipal Code 19 04.006 ') ~eIjISe. 19.04.156 Motor hotel, including motel and hotel. 19.04.157 Narcotic or dmg paraphernalia shop. 19.04.158 Nonconforming stmcture. 19.04.160 Nonconforming use. . 19.04.162 Nursing home. 19.04.164 Off-shore. 19.04.166 On-shore. 19.04.168 Open space, usahle. 19.04.170 Parking area, private. 19.04.172 Parking area, public. 19.04.174 Parking space. 19.04.176 Performance standards. 19.04.178 Permitted use. 19.04.179 Pet shop. 19.04.180 Pharmacy, prescription. 19.04.182 Planned development permit. 19.04.184 Poultry farm. 19.04.188 Prescription pharmacy. 19.04.190 QuasI-public. 19.04.11J1 Kecreatlon, commercial. 19.04.194 Recreation, private, noncommercial. 19.04.196 Recreation, public. 19.04.198 Residential density. 19.04.199 Salvage yard. 19.04.200 Satellite dish antenna. 19.04.201 Senior housing development.. 19.04.202 Service station. . 19.04.204 Setback. 19.04.205 Sexual encounter studio. 19.04.205.1 Sexually explicit material. 19.04.206 Shoreline. 19.04.208 - 19.04.268 Repealed. 19.04.270 Specified anatomical area. 19.04.271 Specified sexual activity. 19.04.272 Stable, private. 19.04.274 Stable, riding. 19.04.276 Story. 19.04.278 Story, first. 19.04.280 Story, half. 19.04.282 Story, mezzanine. 19.04.284 Street. 19.04.286 Street, private. 19.04.288 Structural alteration. 19.04.290 Stmcture. 19.04.291 Surface mining operations. 19.04.292 Tideland. 19.04.294 Townhouses. 19.04.296 Trailer camp, trailer park or mobilehome park. 19.04.298 Trailers. 19.04.300 Underwater land. 19.04.302 Usable open space. 19.04.304 Unified control. 19.04.306 Waterfront land. 19.04.308 Yard, front. 19.04.310 Yard, front, least depth. 19 04.312 Yard, front, least depth - How measured. 19.04.314 Yard, rear. 19.04.316 Yard, rear, least depth. 19.04.318 Yard, side. 19.04.320 Yard, side, least width. 19.04.322 Yard, side, least width - How measured. 19.04.324 Zone. 19.04.326 Zoning map. 19.04.328 Zoning permit. 19.04.330 Zoning wall or fence. 19.04.002 Definitions and construction of terms generally. Unless the context requires otherwise, the defi- nitions codified in this chapter shall be used in the interpretation and construction of this title; and words used in the present tense include the future, the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; and the word "used"t;. shall include "arranged," "designed," "con- structed," "altered," "converted," "rented," "leased," or "intended to be used"; and the word "shall" is mandatory and not directionary. Whenever any of the following terms is used, it shall mean the corresponding officer, department, board or commission of Chula Vista, herein referred to as the city: "assessor," "city council" (or "council"), "city planning commission" (or "com- mission"), "director of public works," "director of planning," "zoning administrator," or "building inspector." In each case, the term shall be deemed to include an employee of any such officer or department of the city who is lawfully authorized to perform any duty or exercise any power as his or its representative or agent. (Ord. 1212 Ii 1, 1969; prior code Ii 33.1401). 19.04.004 Access. "Access" means an opening in a fence, wall or structure, or a walkway or driveway, permitting pedestrian or vehicular approach to or within any stmcture or use. (Ord. 1212 Ii I, 1969; prior code Ii 33.1401). 19.04.006 Accessory use or structure. "Accessory use or structure" means a use or structure subordinate to the principal use of a build- 9-18 19-5 (Revised 1/04) A z/ 2c+ 13 ~elJt!e 7 Chula Vista Municipal Code 1904.206 19.04.190 Quasi-public. "Quasi-public" means used as or seemingly public. For the purposes of this title, electrical sub- stations shall be ,consiaercd quasi-public uses, of a public service type. (Orel. 1212 S I, 1969; prior code S 33.1401). 19.04.192 Recreation, commercial. "Commercial recreation" means recreation facilities operated as a business and open to the general public for a fee. (Ord. 1212 S 1,1969; prior code S 33.1401). 19.04.194 Recreation, private, noncommercial. "Private, noncommercial recreation" means clubs or recreation facilities operated by a non- profit organization and open only to bona fide members of such nonprofit organization. (Ord. 1212 S 1, 1969; prior code S 33.1401). 19.04.196 Recreation, public. "Public recreation" means publicly owned or operated recreation facilities. (Ord. 1212 S I, 1969; prior code S 33.1401). 19.04.198 Residential density. "Residential density" means the average num- ber of families living on one acre ofland in a given area. "Net residential density" is determined by dividing the total number of families in a defined area by the total acreage of all parcels of land within the area that are used for residential and accessory purposes. "Gross residential density" is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks and local shopping facilities into the total number offamilies in said area. (Ord. 1212 S 1, 1969; prior code S 33.1401). 19.04.199 Salvage yard. For "salvage yard," see "junkyard." (Ord. 2108 S 1, 1935; Ord. 1356 S 1, 1971; Ord, 1212 S 1, 1969; prior code 9 33.1401). 19.04.200 Satellite dish antenna. "Satellite dish antenna" is a device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite. It may be a solid, opt:n mesh or bar configured structure, typically eight to 12 feet in diameter, in the shape of a shal- low dish or parabola. (Ord. 2108 S 1, 1985). 19.04.201 Senior housing development. "Senior housing development" means a residen- tial project which may exceed the maximum den- sity permitted for families in the zones in which it is located, and which is established and maintained for the exclusive use of row- or moderate-income senior residents. (Ord. 1878 S 1,1979). 19.04.202 Service station. For "service station," see "automobile service station." (Ord. 1356 S 1, 1971; Ord. 1212 S 1, 1969; prior code S 33.1401). 19.04.204 Setback. For "setback," see specific "yard" definitions. (Ord. 1356 S I, 1971; Ord. 1212 S 1, 1969; prior code S 33 1401). 19.04.205 Sexual encounter studio. "Sexual encounter studio" means a business establishment wherein the patrons thereof are. invited to discuss sexuJI matters or engage in sex- ual activities with an unclothed or partially unclothed person and who pay a fee for such dis- cussion or activities; provided, however, that this defmition shall not encompass any sexual activitiest. or practices prohibited under the laws of the state and does not constitute a condonation of any sexual activities by the city. This definition does not include therapy sessions conducted by physicians, therapists and counselors licensed and regulated by the state. (Ord. 1855 S 2, 1979). . 19.04.205.1 Sexually explicit material. "Sexually explicit material" means any book, magazine, periodical, pamphlet, display or other printed matter or photograph which contains on the front or back cover visual representations or depic- tions of specified sexual activities or specified an- atomical areas (as same are defined by CYNIC 19.04.271 and 19.04.270 respectively). (Ord. 2379 9 I, 1990). 19.04.206 Shoreline. "Shoreline" means the boundary between land above and land below the "mean higher high wa- ter," as defined by the latest U.S. Coast and Geo- detic Survey. (Ord. 1212 S I, 1969; prior code S 33.1401). . 19.04.208 - 19.04.268 Repealed by Ord. 29241] 3, 2003. 9-19 19-15 (Revised 1f04) A2, 3ofi3 19.54.010 Chapter 19.54 UNCLASSIFIED USES Sections: 19.54.010 Authorized when - Purpose of review. 19.54.020 Designated - Limitations and standards. 19.54.030 Yard requirements. 19.54.040 Height regulations. 19.54.050 Off-street parking and loading facilities. 19.54.060 Site plan and architectural approval. 19.54.010 Authorized when - Purpose of review. A. All of the following, and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their being included automati- cally in any classes afuse as set forth in the various zones herein defmed, and the authority for the loca- tion and operation thereof shall be subject to review and the issuance of a conditional use per- mit; provided, however, that conditional use per- mits may not be granted for a use in a zone in which it is specifically excluded by the provisions of this title. B. The purpose of this review shall be to deter- mine that the characteristics of such use shall not be incompatible with the type of uses permitted in surrounding areas and for the further purpose of stipulating such conditions as may reasonably assure that the basic purposes of this title shall be served. Factors to be COI.1sidered and the manner in which conditional use applications are to be pro- cessed shall be as set forth in CYMC 19.14.060, et seq. (Ord. 1281 S 2, 1970; Ord. 1212 S I, 1969; prior code S 33.535). 19.54.020 Designated - Limitations and standards. The following uses may be considered for loca- tion in any zone, subject to the provisions set forth herein, and additional conditions set forth in Chap- ter 19.58 CVMC (references indicated for uses): A. Borrow pits and quarries for rock, sand and gravel; B. Campgrounds: See CVJ'vIC 19.58.040; C. Cemeteries: See CYMC 19.58.080; D. Colleges, universities, private schools, and elementary and secondary public schools; E. Columbariums, crematoriums and mausole- ums; provided, that these uses are specifically excluded from all R zones unless inside 0 f a ceme- tery: See CVMC 19.58.080; F. Churches: See CVJ'vIC 19.58.110; G. Dumps, public or private; H. Hospitals, including, but not limited to, emergency, general, convalescent, rest homes, nursing homes (for the aged, crippled, and men- tally retarded of all ages), psychiatric, etc.: See CYMC 19.58.110. Further, approval shall not be granted until the following findings can be made (homes for men- tally retarded children): 1. The size of the parcel to be used shall pro- vide adequate light and air in proportion to the number of residents, 2. The location of windows and open play areas shall be so situated as to not adversely impact adjoining uses, 3. Spacing between these facilities shall be such that the character of the neighborhood is not affected by the grouping of these homes; I. Mortuaries: See CYMC 19.58.080; J. Establishments or enterprises involving large assemblages of people or automobiles, as follows; provided, that these uses shall be deemed to be generally undesirable in the R zones: fj 1. Airports and heliports: See CYMC 19.58.180, 2. Amusement parks and amusement enter- prises: See CVJ'v[C 19.58.040, 3. Arenas: See CYMC 19.58.040, 4. Fairgrounds: See CYMC 19.58.040, 5. Museums, 6. Open air theaters, except drive-in theaters: See CVJ'v[C 19.58.120(B), 7. Race tracks and rodeos: See CYMC 19.58.040, 8. Recreational centers, commercially oper- ated: See CYMC 19.58.040, \.0 9 Stadiums, r _ r ~ - 10. Shooting clubs: See CVMC 19.58.290, J<f.I' ...iV K. Golfcourses: See CYMC 19.58.090; De; ., \."\ L. Passenger stations for rail or bus travel' ~ ".,.,q,.. ;. tvl:, Public and quasi-public uses; (\ ~- ,(A. i a 10 or te eVISlOn transmItters; f' O. Trailers (commercial coaches): See CYMC 19.58.330; P. Senior housing developments: See CVNIC 19.58.390; Q. Recreational vehicle storage yards: See CVJ'v[C 19.58.400; R. Off-site advertising signs: See CYlYIC 19.60.050(E); (Revised 8/04) 19-130 A2/ 40f 13 9-20 Chula Vista Municipal Code 19.5".060 S. Water distribution facilities: See CVJvlC 19.58.420; T. Certified farmers' markets: See CVJvlC 19.58.148; U. Ambulance services: See CVJvlC 19.58.245. Conditional use permit applications for the uses listed in this section shall be considered and approved by the following body or official. The zoning administrator shall approve all ambulance services uses. The planning commission shJll approve campgrounds, recreational vehicle: storage yards, churches, amusement arcades and centers, trailers (commercial coaches), water distribution facilities and borrow pits of not more than two acres. The city council, subsequent to its receipt of recommendations thereon from the planning com- mission, shall approve all other Wlclassified uses not mentioned in this paragraph. (Ord. 2958 S 1, 2004; Ord. 2921 S 2,2003; Ord. 2449 S 1, 1991; Ord. 2296 S 6, 1989; Ord. 2169 S 1, 1986; Ord. 2075 S 3, 1984; Ord. 2054 S 1, 1983; Ord. 187S S 2, 1979; Ord. 1711 S 1, 1976; Ord. 1697 S 1, 1976; Ord. 1626 SS 1, 2, 1975; Ord. 1464 S 2, 1973; Ord. ]456 S 2,1973; Ord. 1356 S 1,1971; Ord. 1281 S 2, 1970; Ord. 1246 S 2, 1969; Ord. 1232 S 2, 1969; Ord. 1212 S I, 1969; prior code S 33.535(A)). 19.54.030 Yard requirements. The requirements for front, side, and rear yards applicable to the particular property and zone in which such use is proposed shall prevail unless, in the findings and conditions recited in the resolution dealing with each matter, specific exceptions, addi- tions or moditications are made with respect thereto. (Ord. 1281 S 2, 1970; Ord. ]212 S 1,1969; prior code S 33.535(B)). 19.54.040 Height regulations. The requirements for building height limit applicable to the particular property and zone in which such use is proposed shall prev;)il unless, in the findings and conditions recited in the resolution dealing with each maner, specific exceptions, addi- tions or modifications are made with respect thereto. (Ord. 1231 S 2,1970; Ord. 1212 S 1,1969; prior code S 33.535(C)). 19.54.050 Off-street parking and loading facilities. Off-street parking and loading facilities for the specific use proposed shall be determined by the planning commission in the event such require- ments are not enumerated in CVIvIC 19.62.010 through 19.62.140. (Ord. 1356 S 1, 1971;Ord.1281 S 2, 1970; Ord. 1212 S I, 1969; prior code S 3.535 (D)). 19.54.060 Site plan and architectural approval. Site plan and architectural approval is required for all uses, as provided in CVMe 19.14.420 through 19.14.480. (Ord. 1281 S 2, 1970; Ord. 1212 S 1, 1969; prior code S 33.535(E)). . 9-21 19-131 (Revised 8/04) A Z) s ot r~ 19.56.280 19.56.280 H hillside modifying district- Existing lots of record. Any lot ofrecord prior to enactment of the ordi- nance codified in CYMC' 19.56.210 through 19.56.290 shall be pemiitted at least one dwelling unit. (Ord. 1512 S 2, 1973; Ord. 1212 S 1, 1969; prior code S 33.601(A)(7)(f)). 19.56.290 H hillside modifying district- Administrative procedures. A. A development plan within the hillside mod- ifying district shall be processed in the manner set forth in this title and CVMC Title 18. B. Findings Required. No development within an H hillside modifying district shall be approved unless the planning corrunission and the city coun- cil find that the development conforms to the pro- visions of this title, the provisions of the hillside development policy, and the concepts of the design criteria for hillside development. (Ord. 1512 S 2, 1973; Ord. 1212 S 1, 1969; prior code S 33.601 (A)(7)(g)) ,4JJ I? StJ.I+Z \I c-Iectf'ic~( Ge~er4lt-l-, ~ - f("n+S" Sections: 19.58.010 19.58.020 19.58.022 19.58.024 19.58.030 19.58.040 19.58.042 19.58.050 19.58.055 19.58.060 19.58.070 19.58.080 19.58.090 19.58.100 19.58.110 .). ) 19.58.147 19.58.148 19.58.150 19.58.160 19.58.170 19.58.175 19.58.178 19.58.180 19.58.190 19.58.200 19.58.205 19.58.210 19.58.220 19.58.225 19.58.230 19.58.240 19.58.244 19.58.245 19.58.260 Chapter 19.58 USES Purpose of provisions. Accessory buildings. Accessory second dwelling units. Adult-oriented recreation businesses. Agriculmral processing plants. Amusement and entertainment facilities. Carnivals and circuses. Animal hospital, veterinarian facilities. Auctions of vehicles, heavy machinery and equipment. Automobile car wash facilities. Automobile sales facilities. Cemetery, crematory, mausoleum, or columbarium. Club, country - Golf course. Club, community building, social hall, lodge and fraternal organization. Church, hospital, convalescent hospital, religious or eleemosynary institution. Dance floors. Drive-in establishments. Dwelling groups. Electric substations. actory- Ul t OUSlllg. Family day care homes, large. Certified farmers' markets. Fences, walls and hedges. Fertilizer plants and yards. Golf driving ranges. Hay and feed stores. Hazardous waste facilities. Heliports or landing strips for aircraft. Kennels, riding academies and public stables. Labor camps. IvIixed commercial-residential projects in the C-C-P zone. Motels and hotels. Nursing homes. Repealed. Parking lots and public garages. Poultry farm. Professional offices in the R-l and R- 3 zones. Ambulance services. Repair of vehicles. . (Revised 8/04) 19-140 9-22 A2) (;;, o{ 13 19.58.140 E. All roadways, driveways and guest parking areas shall be paved with a minimum of five inches of portland concrete cement. F. The minimum width of an access roadway serving one dwelling structure shall be 15 feet and 20 feet for two or more structures. G. Guest parking shall be provided for those dwellings served by an access roadway. The num- ber of spaces shall be as follows: 1. One dwelling structure, one space; 2. Two or more dwelling structures, one and one-half spaces per dwelling structure. H. An on-site fire hydrant may be required by the fire department when it is deemed necessary. I. If the property is graded to create a building pad for each dwelling structure, the minimum level pad area (no slope over five percent) of each pad shall be not less than 80 percent of the minimum lot size required for said dwelling, but in no case shall the minimum level area be less than 5,000 square feet. J. Development proposed on existing natural topography having an average natural slope of 10 percent or greater, and with less than 10 percent of the site to be graded, shall be subject to the approval of the director of planning, who shall con- sider whether such development will adversely affect adjacent properties or development. K. The following yards shall be based upon the front orientation of the structures: 1. Front yard, 15 feet from the access road- way and from any setback line set forth in this sec- tion. Any garage facing the access roadway shall be a minimum of22 feet from the access roadway; 2. Side yard, not less than that required by the underlying zone; 3. Rear yard, not less than that required by the underlying zone upon initial construction. L. In addition to the setbacks established in this section, the minimum separation between dwell- ings shall not be less than the combined total of the yards required by the underlying zone, except where the dwellings face each other, in which case an additional 20 feet shall be provided between dwellings. M. All development permitted under this provi- sion shall be subject to the regulations and require- ments of this title except as otherwise regulated in this section. N. The development shall be subject to site plan and architectural approval of the director of plan- nmg. o. The types of d\velling structures permitted under this provision shall be limited to those listed under the permitted uses of the underlying zone. (Ord. 1874 9 1, 1979; Ord. 1356 9 1, 1971; Ord. 121291,1969; prior code S 33.901(13)(12)). 19.58.140 Electric subst3tinns. Electric substations, when loc~ted in A, R, C-O, C-V and C-N zones, shall confoDn to the following requirements: A. All buildings and equipment shall be required to observe the same yards applicable to buildings in each specific zone. B. The property shall be surrounded by a solid masonry wall, or chain-llnk fence subject to staff approval, not less than six feet in height, with locked gates at ::tll points of access. Facilities may also be housed inside an approved structure. The wall or fence may be waived by the planning com- mission if they find there would be no detrimental effect on the adjacent areas by elimination ofthi5 requirement. . C. The wall or fence shall be set back not less than 20 feet from principal street frontage and the space between said wall and street lot line provided with permanent landscaping and adequate sprin- klers or appropriate automatic irrigation devices. (Ord. 1356 S 1, 1971; Ord. 12129 I, 1969; prior code S 33 901(B)(13)). 19.58.145 Factory-built housing. "Factory-built housing" means any housing unit prefabricated or constructed off-site of the bnilding site in modular increments of whatever nature in accordance with the standards established by state and local government. In accordance with the pro- visions of this title, such units, subject to any archi- tectural controls which may be established for particular areas, may be placed on a permanent foundation on a private lot in the A and R -1 zones and on lots designated for single-family detached dwelling units in the P-C zone; provided, that: A. It may be occupied only as a residential use; B. All development standards of the underlying zone pertaining to conventional single-family development are complied with; and C. The foundation is in compliance with all applicable building regulations. (Ord. 1941 S 2, 1981). 19.58.147 Family day C3re homes, large. A large family day care home shall be allowed in the R-E and R-l zones, and within the P-C des- ignated R-E and R-S zones, upon the issuance of a large family day care permit by the zoning admin- 19-146 ~ -t ~ -! A- ~ ~ ~ I:\) '5; \l) ~ -+- .~ - - . ~ etl"i- ~ ~ "- 0-14J : ~ -U. ""' ,42/ '7 or I?? 9-23 19.42150 19.42.150 Off-street parking and loading facilities. Off-street parking and loading facilities are required for all uses, as p,ovided in CVWIC 19.62.010 through 19.62.140. (Ord. 1356 S 1, 1971; Ord. 1281 S 1, 1970; Ord. 1212 S 1,1969; prior code S 33.512(1)(7)). 19.42.160 Outdoor storage. Outdoor storage of merchandise, material and equipment, except vehicles, shall be permitted in an I-R zone only when incide,ntal to a permitted use located on the same lot; and provided, that: A. Storage area shall be completely enclosed by solid walls or fences or buildings, or a combination thereof, not less tban six feet in height except as provided in CVWIC 19.58.150 and 19.58.360; B. There shall be no outdoor storage of mer- chandise, materials, equipment or other goods to a height greater than that of the building wall or fence enclosing the storage area. (Ord. 1356 S 1, 1971; Ord. 1281 S 1,1970; Ord. 1212 S 1, 1969; prior code S 33.512(1)(8)). 19.42.170 Trash storage areas. Trash storage areas in an I-R zone are permitted subject to the provisions of CVlvIC 19.58.340. (Ord. 1356 S 1, 1971; Ord. 1281 S 1, 1970; Or6. 1212 S 1,1969; prior code S 33.512(1)(9)). 19.42.180 Wan requirements. Zoning walls in an I-R zone are subject to the conditions of CVWIC 19.58.150 and 19.58.360. (Ord. 1356 S 1, 1971; Ord. 1281 S 1, 1970; Ord. 1212 S 1, 1969; prior code S 33.512(1)(10)). Chapter 19.44 I-L - LIMITED INDUSTRIAL ZONE Sections: 19.44.010 Purpose. 19.44.020 Permitted uses. 19.44.030 Accessory uses and buildings. 19.44.040 Conditional uses. 19.44.050 Prohibited uses and processes. 19.44.060 Repealed. 19.44.070 Height regulations. 19.44.080 Area, lot coverage and yard requirements. 19.44.090 Performance standards. 19.44.100 Fuel restrictions. 19.44.110 Setbacks from residential or agricultural zone - Loading facilities. 19.44.120 Landscaping. 19.44.130 Site plan and architectural approval. 19.44.140 Off-street parking and loading facilities. 19.44.150 Outdoor storage. 19.44.160 Trash storage areas. 19.44.170 Enclosures required for all uses - Exceptions. 19.44.180 Wall requirements. o 19.44.010 Purpose. The purpose of the I-L zone is to encourage sound limited industrial development by prpviding and protecting an environment free from nuisances created by some industrial uses and to insure the purity of the total environment ofChula Vista and San Diego County and to protect nearby residen- tial, commercial and industrial uses from any haz- ards or nuisances. (Ord. 1281 S 1, 1970; Ord. 1212 S 1, 1969; prior code S 33.513(A)). 19.44.020 Permitted uses. Permitted uses in an I-L zone are as follows: A. Manufacturing, printing, assembling, pro- cessing, repairing, bottling, or packaging of prod- ucts from previously prepared materials, not including any prohibited use in this zone; B. Manufacturing of electrical and electronic instnunents, devices and components; C. Wholesale businesses, storage and ware- housing; D. Laboratories; research, experimental, film, electronic and testing; E. Truck, trailer, mobilehome, boat and farm implement sales establishments; (Revised 1/04) 19-98 !\-2; e of i3 9-24 Chula Vista Municipal Codl:. 19.44 050 F. Public and private building material sales yards, service yards, storage yards, and equipment rental; G. J\.linor auto repnir; H. Laundries, laundry services, and dyeing and cleaning plants, except large-scale operations; I. Car washing establishments, subject to the provisions ofCVMC 19.58.060; J. Plumbing and heating shops; K. Exterminating services; L. Animal hospitals and veterinarians, subject to the provisions of CVMC 19.58.050; NI. The manufacture of food products, drugs, pharmaceuticals and the like, excl uding those in CVMC 19.44.050; N. Electrical substations and gas regulator sta- tions, subject to the provisions of CVMC 19.58.140; O. Temporary tract signs, subject to the provi- sions ofCVJ'vIC 19.58.320 and 19.60.470;* P. Any other limited manufactured use which is determined by the commission to be of the same general character as the above uses; Q. Agricultural uses as provided in CVMC 19.16.030. (Ord. 1356 I} 1, 1971; Ord. 1281 I} 1, 1970;Ord.12121} I, 1969;priorcodd33.513(B)). * Code reviser's note: This section amended t6 conform with provisions ofOrd.IS7S, 1974. 19.44.030 Accessory uses and buildings. Accessory uses permitted in an I-L zone include: A. Administrative, executive and financial offices and incidental services, such as restaurants to serve employees, when conducted on the pre- mises; B. Other accessory uses and buildings custom- arily appurtenant to a pennitted use; C. Retail sales of products produced and n:-anu- factured on the site; D. Caretaker houses; E. Satellite dish antennas are permitted in accordance with the provisions of CVMC 19.22.030(F)(l) through (9) and (II) through (13). (Ord. 2160 I} 1, 1986; Ord. 2108 I} 1, 1985; Ord. 1281 I} 1. 1970; Ord. 1212 I} I, 1969; prior code I} 33.513(C)) 19.44.040 Conditional uses. Conditional uses permitted in an I-L zone include: A. Machine shops and sheet metal shops; B. Service stJtions, subject to the conditions in CVMC 19.58.280; C. Steel fabrication; D. Restaurants, delicatessens and similar uses; E. Drive-in theaters, subject to the conditions of CVMC 19.58.120; F. l\tlajor auto repair, engine rebuilding and paint shops; G. Commercial parking lots and garages; H. Plastics and other synthetics manufacturing; 1. Building heights exceeding three and one- hJlf stories or 45 feet; J. Unclassified uses, as set forth in Chapter 19.54 CVMC; K. ruc ng yar s, temuna s an operations; L. The retail sale of such bulky items as furni- ture, carpets and other similar items; N!. Retail distribution centers and manufactur- ers' outlets which require extensive floor areas for the storage and display of merchandise, and the high-volume, warehouse-type sale of goods and retail uses which are related to and supportive of existing, on-site retail distribution centers of man- ufacturers' outlets. Conditional use permit applica- tions for the establishment of retail ,commercia~ uses, covered by the provisions of this subsection, shall be considered by the city council subsequent to its receipt of recommendations thereon from the planning commission; N. Roof-mounted satellite dishes, subject to the standards set forth in CVMC 19.30.040; O. Recycling collection centers, subject to the provisions ofCVMC 19.58.345; P. Hazardous waste facilities, subject t? the provisions of CVMC 19.58.178; Q. Brewing or distilling of liquors requiring a Type 23 Alcoholic Beverage Control License; Conditional use permit applications for the use in subsection CQ) of this section shall be considered and .approved by the zoning administrator. (Ord. 3031 I} I. 2006; Ord. 2542 I} 4, 1993; Ord. 2252 I} 10, 1988; Ord. 2233 I} 10, 1987; Ord. 2160 I} 1, 1986; Ord. 2108 S 1,1985; Ord. 20311} I, 1983; Ord. 1927 I} 1, 1980; Ord. 1698 S 1. 1976; Ord. 1356 I} I. 1971; Ord. 1281 S 1, 1970; Ord. 1212 S I, 1969; prior code I} 33.5l3(D)). 19.44.050 Prohibited uses and processes. Prohibited uses in an I-L zone include: A. l\tlanufacturing uses and processes involving the primary production of products from raw mate-_ rials, including the following materials and uses: 9-25 19-99 (Revised 8/06) A'2) Q,,{'f3 Chula Vista Municipal Code 19.46.020 S I, 1970; Ord. 1212 S I, 1969; prior code S 33.513 (1)(4)). 19.44.130 Site plan. and architectural approval. Site plan and architectural approval is required for all uses in an I-L zone, as provided in CVlYIC 19.14.420 through 19.14.480. (Ord. 1281 S I, 1970; Ord. 1212 S I, 1969; prior code S 33.513 (1)(5)) 19.44.140 Off-street parking and loading facilities. Off-street parking and loading facilities are required for all uses in an I-L zone, as provided in CVlYIC 19.62.010 through 19.62.140. (Ord. 1356 S I, 1971; Ord. 1281 S I, 1970; Ord. 1212 S 1, 1969; prior code S 33.513(1)(6)). 19.44.150 Outdoor storage. Outdoor storage and sales yards in an I-L zone shall be completely enclosed by solid walls, fences or buildings, or a combination thereof, not less than six feet in height. No merchandise, materials, equipment or other goods shall be stored or dis- played higher than the enclosing fence. For other fencing requirements, see CVlYIC 19.58.150. (Ord. 1356 S I, 1971; Ord. 1281 S I, 1970; Ord. 1212 S 1,1969; prior code S 33.513(1)(6)). 19.44.160 Trash storage areas. Trash storage in an I-L zone shall be subject to the provisions of CVMC 19.58.340. (Ord. 1356 S I, 1971; Ord. 1281 S 1, 1970; Ord. 1212 S 1, 1969; prior code S 33.513(1)(7)). 19.44.170 Enclosures required for all uses- Exceptions. All uses in an I-L zone, except sales yards, ser- vice yards, storage yards and loading and equip- ment rental, shall be conducted entirely within an .enclosed building. (Ord. 1356 S 1,1971, Ord. 1281 S I, 1970;Ord.1212S I, 1969; prior code S 33.513 (1)(9)). 19.44.180 Wall requirements. Zoning walls shall be provided in an I-L zone, subject to the conditions of CYMC 19.58.150 and 19.58.360. (Ord. 1356 S I, 1971; Ord. 1281 S I, 1970; Ord. 1212 S I, 1969; prior code S 33.513 (1)(10)). Chapter 19.46 I - GENERAL INDUSTRIAL ZONE Sections: 19.46.010 Purpose. _ 19.46.020 Permitted uses. 19.46.030 Accessory uses and buildings. 19.46 040 Conditional uses. 19.46.041 Prohibited uses and processes. 19.46.050 Repealed. 19.46.060 Height regulations. 19.46.070 Area, lot coverage and yard requirements. 19.46.080 Performance standards. 19.46.090 Site plan and architectural approval. 19.46.100 Off-street parking and loading facilities. 19.46.110 Setbacks from residential or' agricultural zone - Loading facilities. 19.46.120 Landscaping. 19.46.130 Outdoor storage. 19.46.140 Trash storage areas. 19.46.150 Wall requirements. 19.46.010 Purpose. . The purpose of the I zone is to encourage sound industrial development by providing and protect- ing an environment exclusively for such develop- ment, subject to regulations necessary to insure the purity ofthe airs and waters in Chula Vista and San Diego County, and the protection of nearby resi- dential, commercial and industrial uses of the land from hazards and noise or other disturbances. (Ord. 1281 S 1, 1970; Ord. 1212 S I, 1969; prior code S 33.514(A)). 19.46.020 Permitted uses. Permitted uses in an I zone are as follows: A. Any manufacturing, processing, assem- bling, research, wholesale, or storage uses except as hereinafter modified; B. Automobile and metal appliance manufac- turing 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 ooerations: E. Electncal generating plants and liquefIe narural gas lants; F. Temporary tract SIgns, su Ject to t e proVI- sions ofCVlYIC 19.58.320 and 19.60.470;* 9-26 19-101 (Revised 1/04) A2; [Oo{7. (3 19.46.030 G. Any other use which is determined by the commissi~n to be of the same general character as the above uses. (Ord. 2064 9 I, 1984; Ord. 1361 91, 1971; Ord. 1356 9 I, 1971; Ord. 1281 9 I, 1970; Ord. 1212 91, 1969; prior code 9 33.514 (E)). .., Code reviser's note: This section amended to conform with provisions ofOrd. 1575, \974 19.46.030 Accessory uses and buildings. Accessory uses in an I zone include: A. Administrative, executive and financial offices, and incidental services, such as restaurants to serve employees, when conducted on premises; . B. Other accessory uses and buildings custom- arily appurtenant to a permitted use; C. Retail sale of products produced and manu- factured on the site; D. Caretaker houses; E. Satellite dish antennas are permitted in accor- dance with the provisions of CYMC 19.22.030 (F)(I) through (9) and (11) through (13). (Ord. 216091, 1986;Ord.210891, 1985;Ord.12819 I, 1970; Ord. 1212 9 I, 1969; prior code 933.514 (C)). 19.46.040 Conditional uses. Conditional uses in an I district include: A. Motels; B. Restaurants; C. Service stations, subject to the provisions of CThIC 19.58.280; D. The retail sale of such bulky items as furni- ture, carpets and other similar items; E. Retail distribution centers and manufactur- ers' outlets which require extensive floor areas for the storage and display of merchandise, and the high-volume, warehouse-type sale of goods and retail uses which are related to, and supportive of, existing on-site retail distribution centers or manu- facturers' outlets. Conditional use permit applica- tions for the establishment of retail commercial uses, covered by the provisions of this subsection, shall be considered by the city council subsequent to its receipt ofrecommenclations thereon from the planning commission; F. The following uses covered by this subsec- tion shall be considered by the city council subse- quent to its receipt of recommendations thereon from the planning commission. 1. Brewing or distilling of liquor, or perfume manufacturing, 2. iv[eat packing, 3. Large-scale bleaching, cleaning and dye- ing establishments, ~ 4. Railroad yards and freight stations, 5 Forges and foundries, 6. Automobile salvage and wrecking opera- tions, and industrial metal and ~aste rag, glass or paper salvage operations; provided, that all opera- tions are conducted within a solid screen not less than eight feet high, and that materials stored Jre not piled higher than said screen; G. Any other use which is determined by the commission to be of the same general character as the above uses; H. Unclassified uses, as provided in Chapter 19.54 CYMC; 1. Roof-mounted satellite dishes, subject to the standards set forth in CYMC 19.30.040; 1. Recycling collection centers, subject to the provisions of CThIC 19.58.345; K. Hazardous waste facilities, subject to the provisions of CThIC 19.58.178; L. Auctions of vehicles, heavy machinery and equipment, subject to the provisions of CYMC 19.58.055, and only where the P precise plan mod- ifier has been applied to the I - general industrial zone. (Ord. 2584 Ii 4, 1994; Ord. 2542 95, 1993; Ord. 2252 9 II, 1988; Ord. 2233 9 11, 1987; Ord. 2160 9 1, 1986; Ord. 2108 9 I, 1985; Ord. 2064 9 1,1984; Ord. 20319 1,1983, Ord. 1927 92, 1980; Ord. 169891,1976; Ord. 13569 I, 1971; Ord. 1281 9 I, 1970; Ord. 1212 9 I, 1969; prior code 933.514(D)). . 19.46.041 Prohibited uses and processes. Prohibited uses in the I zone include: A. Any of the following manufacturing uses, involving primary production of the following products from raw material, such as: l. Asphalt, cement, charcoal and fuel bri- quettes; 2. Aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn, and hydrochloric, nitric, phosphoric, picric and suI ph uric acids; 3. Coal, coke and tar products and manufac- turing of explosives, fertilizers, gelatin, animal glue and size; 4. Turpentine, matches and paint; 5. Rubber and soaps; 6. Grain milling; (Revised 1/04) 19-102 A'2; II of /3 9-27 19.46.120 S 1, 1970;Ord.1212S 1, 1969; prior code S 33.514 (H)(4)). 19.46.120 Landscaping. _ The site shall be landscaped in conformance with the landscaping manual of the city, and approved by the director of planning. (Ord. 1356 S 1, 1971; Ord. 1281 S 1, 1970; Ord. 1212 S 1, 1969; prior code S 33.5\4(H)(5)). 19.46.130 Outdoor storage. Outdoor storage or sales yards in an I zone visi- ble from any public right-of-way shall be com- pletely enclosed by solid walls, fences, buildings or combinations thereof not less than six feet in height. No merchandise, materials, equipment or other goods shall be stored or displayed higher than the enclosing fence. For other fencing require- ments, see CYNIC 19.58.150. (Ord. 1356 91, 1971; Ord. 1281 91, 1970; Ord. 1212.91,1969; prior code S 33.514(H)(6)). 19.46.140 Trash storage areas. Trash storage areas in an I zone are subject to the provisions of CYNIC 19.58.340. (Ord. 1356 S 1, 1971; Ord. 1281 9 I, 1970; Ord. 12129 1,1969; . prior code 933.514(H)(7)). 19.46.150 Wall requirements. Zoning walls shall be provided in an I zone, sub- ject to the conditions of CYNIC 19.58.150 and 19.58.360. (Ord. 13569 I, 1971; Ord. 128\ 91, 1970; anI. 1212 91, 1969; prior code 933.514 (H)(8)). Chapter 19.47 P-Q - PUBLIC/QUASI-PUBLIC ZONE Sections: 19.47.010 Purpose. 19.47.020 Permitted uses. 19.47.030 Accessory uses and buildings. 19.47.040 Conditional uses. 19.47.050 Performance standards. 19.4 7.060 Siting standards. 19.47.070 Area, lot coverage and yard requirements. 19.47.080 Site plan and architectural approval. 19.47.090 Landfill closure. 19.4 7.100 Exceptions. 19.47.010 Purpose. The purpose of the public/quasi-public zone is to provide a zone with uses in appropriate locations which are maintained by public or publicly con- trolled agencies such as municipal and/or county agencies, school districts, or utility companies (e.g., water, gas, electricity, etc.), including, but not limited to, uses such as the county landfill and var- ious water reservoir sites. The regulations of this district also provide for the appropriate closur~ of existing landfill sites. (Ord. 2672, 1996). o 19.47.020 Permitted uses. Permitted uses in the P-Q zone are as follows: A" Agricultural uses including grazing a"nd live- stock raising; B \Vater reservoirs; and C. Public parks. (Ord. 2672, 1996). 19.47.030 Accessory uses and buildings. Accessory uses permitted in the P-Q zone include the following: A. Caretakers units, as accessory to the princi- pal permitted or conditioually permitted use; and B. Public utility service' and corporation yards. (Ord. 2672, 1996). 19.47.040 Conditional uses. Conditional uses permitt~d 10 the P-Q zone include: A. Sanitary landfills, unless excepted by CYMC 19.47.100; B. Schools; C. Utility substations; D. Cellular facilities; E. Fire stations; F. Post offices; (Revised 1/04) 19-104 A2) /2 i:>.(!i3 9-28 Chub Vista Municipal Code 19.47100 G. Land reclamation projects; H. Recycling collection centers, subject to the provisions of recycling collection centers stan- dards in CVlvlC 19.58.345; 1. Golf driving ranges, with or without lighting; J Hazardous waste t~lcilities, subject to the pro- visionsofCVlvlC 19.58.178; K. Unclassified uses, as provided in Chapter 1954 CYMC; and f\l1Y ot er use W lC IS eterrnme planning commission to be of the same general character as the above uses. (Ord. 2672, 1996). 19.47.050 Performance standards. All existing and future llses permitted by this title shall be subject to initial and continued com- pliance with the performance standards in Chapter 19.66 CYMC. (Ord. 2672,1996). 19.47.060 Siting standards. The following standards shall govern the siting of facilities in the public/quasi-public zone: A. All solid waste management operations within the P-Q zone shall comply with all applica- ble federal, state, and local regulations, including regulations of the State Water Resources Control Board, the California Waste Management,Board, and the Department of Health Services. B. The distance from the site to the nearest res- idential structure shall be in compliance with all of the state minimum standards for solid waste man- agement. The distance of such sites to residences shall be sufficient to permit adequate control of noise levels, odor nuisances, traffic congestion, lit- ter nuisances and vectors. (Ord. 2672, 1996). 19.47.070 Area, lot coverage and yard requirements. The area, lot coverage and yard requirements will be established through the site plan and archi- tectural permit process. (Ord. 2672, 1996). 19.47.08U Site plan and architectural approval. Site plan and architectural approval is required for all uses in the P-Q zone, as provided in CVJvIC 19.14.420 through 19.14.480. (Ord. 2672,1996). 19.4 7 .090 Landfill closure. Any sanitary landfill existing witbin the P-Q zone which is subject to closure shall be terminated in a manner which complies with any and all appli- cable federal, state, and local regulations, including regulations of the State Water Resources Control Board, the California Waste J\iIanagement Board, and the Department of Health Services, and in accordance with any agreements entered into with the city. (Ord. 2672, 1996). 19.47.100 Exceptions. Any sanitary landfill use existing prior to May" 21, 1996, shall be permitted to continue operating as a legally permitted use; provided, that the prop, erty owner has entered into an agreement with the city that establishes specific regulations and/or guidelines. (Ord. 2672, 1996). e 9-29 19-105 (Revised 1/04) A2; 13 J~ 13